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SB486,25,5
1108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
2“misconduct," for purposes of sub. (5), does not include the employee's use of
3marijuana off the employer's premises during nonworking hours or a violation of the
4employer's policy concerning such use, unless termination of the employee because
5of that use is permitted under s. 111.35.
SB486,25,96 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
7not include the employee's use of marijuana off the employer's premises during
8nonworking hours or a violation of the employer's policy concerning such use, unless
9termination of the employee because of that use is permitted under s. 111.35.
SB486,29 10Section 29 . 111.32 (9m) of the statutes is created to read:
SB486,25,1111 111.32 (9m) “Lawful product” includes marijuana.
SB486,30 12Section 30 . 111.32 (11m) of the statutes is created to read:
SB486,25,1613 111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis,
14whether growing or not; the seeds thereof; the resin extracted from any part of the
15plant; and every compound, manufacture, salt, derivative, mixture, or preparation
16of the plant, its seeds or resin, including tetrahydrocannabinols.
SB486,31 17Section 31 . 111.35 (2) (e) of the statutes is amended to read:
SB486,25,2018 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
19This paragraph does not apply with respect to violations concerning marijuana or
20tetrahydrocannabinols under 21 USC 841 to 865.
SB486,32 21Section 32 . 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
SB486,26,322 114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
23order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
24assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
25examination of the person's use of alcohol, tetrahydrocannabinols, controlled

1substances, or controlled substance analogs and development of an airman safety
2plan for the person. The court shall notify the person, the department, and the proper
3federal agency of the assessment order. The assessment order shall:
SB486,33 4Section 33 . 114.09 (2) (bm) 4. of the statutes is amended to read:
SB486,26,155 114.09 (2) (bm) 4. The assessment report shall order compliance with an
6airman safety plan. The report shall inform the person of the fee provisions under
7s. 46.03 (18) (f). The safety plan may include a component that makes the person
8aware of the effect of his or her offense on a victim and a victim's family. The safety
9plan may include treatment for the person's misuse, abuse, or dependence on alcohol,
10tetrahydrocannabinols, controlled substances, or controlled substance analogs. If
11the plan requires inpatient treatment, the treatment shall not exceed 30 days. An
12airman safety plan under this paragraph shall include a termination date consistent
13with the plan that shall not extend beyond one year. The county department under
14s. 51.42 shall assure notification of the department of transportation and the person
15of the person's compliance or noncompliance with assessment and treatment.
SB486,34 16Section 34 . 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
17amended to read:
SB486,27,218 115.35 (1) (a) (intro.) A critical health problems education program is
19established in the department. The program shall be a systematic and integrated
20program designed to provide appropriate learning experiences based on scientific
21knowledge of the human organism as it functions within its environment and
22designed to favorably influence the health, understanding, attitudes and practices
23of the individual child which will enable him or her to adapt to changing health
24problems of our society. The program shall be designed to educate youth with regard
25to critical health problems and shall include, but not be limited to, the following

1topics as the basis for comprehensive education curricula in all elementary and
2secondary schools: controlled
SB486,27,4 31. Controlled substances, as defined in s. 961.01 (4); controlled substance
4analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.
SB486,27,5 52. Mental health; sexually.
SB486,27,7 63. Sexually transmitted diseases, including acquired immunodeficiency
7syndrome; human.
SB486,27,8 84. Human growth and development; and.
SB486,27,9 95. Other related health and safety topics as determined by the department.
SB486,27,12 10(b) Participation in the human growth and development topic of the curricula
11described in par. (a) shall be entirely voluntary. The department may not require a
12school board to use a specific human growth and development curriculum.
SB486,35 13Section 35 . Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
14created to read:
SB486,27,1515 chapter 139
SB486,27,1616 subchapter Iv
SB486,27,1717 marijuana tax and regulation
SB486,27,18 18139.97 Definitions. In this subchapter:
SB486,27,19 19(1) “Department" means the department of revenue.
SB486,27,22 20(2) “Lot" means a definite quantity of marijuana or usable marijuana identified
21by a lot number, every portion or package of which is consistent with the factors that
22appear in the labeling.
SB486,27,24 23(3) “Lot number" means a number that specifies the person who holds a valid
24permit under this subchapter and the harvesting or processing date for each lot.
SB486,27,25 25(4) “Marijuana" has the meaning given in s. 961.70 (2).
SB486,28,4
1(5) “Marijuana distributor” means a person in this state who purchases or
2receives usable marijuana from a marijuana processor and who sells or otherwise
3transfers the usable marijuana to a marijuana retailer or operator of a marijuana
4lounge for the purpose of resale to consumers.
SB486,28,6 5(5m) “Marijuana lounge” means a location for the retail sale of usable
6marijuana for consumption on the premises.
SB486,28,10 7(6) “Marijuana processor" means a person in this state who processes
8marijuana into usable marijuana, packages and labels usable marijuana for sale in
9retail outlets, and sells at wholesale or otherwise transfers usable marijuana to
10marijuana distributors.
SB486,28,12 11(7) “Marijuana producer" means a person in this state who produces marijuana
12and sells it at wholesale or otherwise transfers it to marijuana processors.
SB486,28,14 13(8) “Marijuana retailer" means a person in this state that sells usable
14marijuana at a retail outlet other than a marijuana lounge.
SB486,28,17 15(9) “Microbusiness” means a marijuana producer that produces marijuana in
16one area that is less than 10,000 square feet and who also operates as any 2 of the
17following:
SB486,28,1818 (a) A marijuana processor.
SB486,28,1919 (b) A marijuana distributor.
SB486,28,2020 (c) A marijuana retailer.
SB486,28,23 21(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
22distributor, marijuana retailer, microbusiness, or operator of a marijuana lounge
23that is issued a permit under s. 139.972.
SB486,28,24 24(11) “Retail outlet" means a location for the retail sale of usable marijuana.
SB486,28,25 25(12) “Sales price" has the meaning given in s. 77.51 (15b).
SB486,29,3
1(13) “Usable marijuana" means marijuana that has been processed for human
2consumption and includes dried marijuana flowers, marijuana-infused products,
3and marijuana edibles.
SB486,29,8 4139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
5producer at the rate of 15 percent of the sales price on each wholesale sale or transfer
6in this state of marijuana to a marijuana processor. This paragraph applies to a
7microbusiness that transfers marijuana to a processing operation within the
8microbusiness.
SB486,29,129 (b) An excise tax is imposed on a marijuana retailer or operator of a marijuana
10lounge at the rate of 10 percent of the sales price on each retail sale in this state of
11usable marijuana, except that the tax does not apply to sales of usable marijuana to
12an individual who holds a valid tax exemption certificate issued under s. 73.17 (4).
SB486,29,16 13(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
14to the department no later than the 15th day of the month following the month in
15which the person's tax liability is incurred and shall include with the payment a
16return on a form prescribed by the department.
SB486,29,22 17(3) For purposes of this section, a marijuana producer may not sell marijuana
18directly to a marijuana distributor, marijuana retailer, or operator of a marijuana
19lounge, and a marijuana retailer or operator of a marijuana lounge may purchase
20usable marijuana for resale only from a marijuana distributor. This subsection does
21not apply to a microbusiness that transfers marijuana or usable marijuana to
22another operation with the microbusiness.
SB486,30,4 23139.972 Permits required. (1) (a) No person may operate in this state as a
24marijuana producer, marijuana processor, marijuana distributor, marijuana
25retailer, microbusiness, or operator of a marijuana lounge without first filing an

1application for and obtaining the proper permit from the department to perform such
2operations. In addition, no person may operate in this state as a marijuana producer
3or marijuana processor without first filing an application for and obtaining the
4proper permit under s. 94.56.
SB486,30,75 (b) This section applies to all officers, directors, agents, and stockholders
6holding 5 percent or more of the stock of any corporation applying for a permit under
7this section.
SB486,30,98 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
9not be granted to any person to whom any of the following applies:
SB486,30,1110 1. The person has been convicted of a violent misdemeanor, as defined in s.
11941.29 (1g) (b), at least 3 times.
SB486,30,1312 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
13(a), unless pardoned.
SB486,30,1514 3. During the preceding 3 years, the person has been committed under s. 51.20
15for being drug dependent.
SB486,30,2016 4. The person chronically and habitually uses alcohol beverages or other
17substances to the extent that his or her normal faculties are impaired. A person is
18presumed to chronically and habitually use alcohol beverages or other substances to
19the extent that his or her normal faculties are impaired if, within the preceding 3
20years, any of the following applies:
SB486,30,2221 a. The person has been committed for involuntary treatment under s. 51.45
22(13).
SB486,30,2323 b. The person has been convicted of a violation of s. 941.20 (1) (b).
SB486,31,824 c. In 2 or more cases arising out of separate incidents, a court has found the
25person to have committed a violation of s. 346.63 or a local ordinance in conformity

1with that section; a violation of a law of a federally recognized American Indian tribe
2or band in this state in conformity with s. 346.63; or a violation of the law of another
3jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
4intoxicated, while under the influence of a controlled substance, a controlled
5substance analog, or a combination thereof, with an excess or specified range of
6alcohol concentration, or while under the influence of any drug to a degree that
7renders the person incapable of safely driving, as those or substantially similar
8terms are used in that jurisdiction's laws.
SB486,31,109 5. The person has income that comes principally from gambling or has been
10convicted of 2 or more gambling offenses.
SB486,31,1111 6. The person has been convicted of crimes relating to prostitution.
SB486,31,1312 7. The person has been convicted of of crimes relating to loaning money or
13anything of value to persons holding licenses or permits pursuant to ch. 125.
SB486,31,1414 8. The person is under the age of 21.
SB486,31,1615 9. The person has not been a resident of this state continuously for at least 90
16days prior to the application date.
SB486,31,2417 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
18employees may not receive a permit under this section to operate as a marijuana
19distributor or marijuana retailer unless the applicant certifies to the department
20that the applicant has entered into a labor peace agreement, as defined in s. 94.56
21(1) (a), and will abide by the terms of the agreement as a condition of maintaining
22a valid permit under this section. The applicant shall submit to the department a
23copy of the page of the labor peace agreement that contains the signatures of the
24labor organization representative and the applicant.
SB486,32,13
1(cn) The department shall use a competitive scoring system to determine which
2applicants are eligible to receive a permit under this section. The department shall
3issue permits to the highest scoring applicants that it determines will best protect
4the environment; provide stable, family-supporting jobs to local residents; ensure
5worker and consumer safety; operate secure facilities; and uphold the laws of the
6jurisdictions in which they operate. The department shall, using criteria established
7by rule, score an applicant for a permit to operate as a marijuana retailer or as an
8operator of a marijuana lounge on the applicant's ability to articulate a social equity
9plan related to the operation of a marijuana retail establishment. The department
10may deny a permit to an applicant with a low score as determined under this
11paragraph. The department may request that the applicant provide any information
12or documentation that the department deems necessary for purposes of making a
13determination under this paragraph.
SB486,32,1714 (cs) A permit under this section for an operator of a marijuana lounge may
15authorize the operation of a marijuana lounge only in a municipality or county that
16has enacted an ordinance authorizing the establishment of marijuana lounges in the
17municipality or county.
SB486,32,2018 (ct) No marijuana retailer or operator of a marijuana lounge may hold a permit
19or license to sell alcohol, tobacco products, or cigarettes on the premises of the retail
20operation or lounge.
SB486,33,321 (d) 1. Before the department issues a new or renewed permit under this section,
22the department shall give notice of the permit application to the governing body of
23the municipality where the permit applicant intends to operate the premises of a
24marijuana producer, marijuana processor, marijuana distributor, marijuana
25retailer, microbusiness, or marijuana lounge. No later than 30 days after the

1department submits the notice, the governing body of the municipality may file with
2the department a written objection to granting or renewing the permit. At the
3municipality's request, the department may extend the period for filing objections.
SB486,33,174 2. A written objection filed under subd. 1. shall provide all the facts on which
5the objection is based. In determining whether to grant or deny a permit for which
6an objection has been filed under this paragraph, the department shall give
7substantial weight to objections from a municipality based on chronic illegal activity
8associated with the premises for which the applicant seeks a permit or the premises
9of any other operation in this state for which the applicant holds or has held a valid
10permit or license, the conduct of the applicant's patrons inside or outside the
11premises of any other operation in this state for which the applicant holds or has held
12a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
13illegal activity" means a pervasive pattern of activity that threatens the public
14health, safety, and welfare of the municipality, including any crime or ordinance
15violation, and that is documented in crime statistics, police reports, emergency
16medical response data, calls for service, field data, or similar law enforcement agency
17records.
SB486,33,2218 (e) After denying a permit, the department shall immediately notify the
19applicant in writing of the denial and the reasons for the denial. After making a
20decision to grant or deny a permit for which a municipality has filed an objection
21under par. (d), the department shall immediately notify the governing body of the
22municipality in writing of its decision and the reasons for the decision.
SB486,33,2423 (f) 1. The department's denial of a permit under this section is subject to judicial
24review under ch. 227.
SB486,34,2
12. The department's decision to grant a permit under this section regardless of
2an objection filed under par. (d) is subject to judicial review under ch. 227.
SB486,34,43 (g) The department shall not issue a permit under this section to any person
4who does not hold a valid certificate under s. 73.03 (50).
SB486,34,11 5(2) Each person who applies for a permit under this section shall submit with
6the application a $250 fee. Each person who is granted a permit under this section
7shall annually pay to the department a $2,000 fee for as long as the person holds a
8valid permit under this section. A permit issued under this section is valid for one
9year and may be renewed, except that the department may revoke or suspend a
10permit prior to its expiration. A person is not entitled to a refund of the fees paid
11under this subsection if the person's permit is denied, revoked, or suspended.
SB486,34,15 12(3) The department may not issue a permit under this section to operate any
13premises which are within 500 feet of the perimeter of the grounds of any elementary
14or secondary school, playground, recreation facility, child care facility, public park,
15public transit facility, or library.
SB486,35,5 16(4) Under this section, a separate permit is required for and issued to each class
17of permittee, and the permit holder may perform only the operations authorized by
18the permit. A permit issued under this section is not transferable from one person
19to another or from one premises to another. A separate permit is required for each
20place in this state where the operations of a marijuana producer, marijuana
21processor, marijuana distributor, marijuana retailer, operator of a marijuana lounge,
22or microbusiness occur, including each retail outlet. No person who has been issued
23a permit to operate as a marijuana retailer or operator of a marijuana lounge, or who
24has any direct or indirect financial interest in the operation of a marijuana retailer
25or operator of a marijuana lounge, shall be issued a permit to operate as a marijuana

1producer, marijuana processor, or marijuana distributor. A person who has been
2issued a permit to operate as a microbusiness is not required to hold separate permits
3to operate as a marijuana processor, marijuana distributor, or marijuana retailer,
4but shall specify on the person's application for a microbusiness permit the activities
5that the person will be engaged in as a microbusiness.
SB486,35,7 6(5) Each person issued a permit under this section shall post the permit in a
7conspicuous place on the premises to which the permit relates.
SB486,35,9 8139.973 Regulation. (1) (a) No permittee may employ an individual who is
9under the age of 21 to work in the business to which the permit relates.
SB486,35,1210 (b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an
11individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the
12individual.
SB486,35,15 13(2) A retail outlet other than a marijuana lounge shall sell no products or
14services other than usable marijuana or paraphernalia intended for the storage or
15use of usable marijuana.
SB486,35,19 16(3) No marijuana retailer or operator of a marijuana lounge may allow a person
17who is under the age of 21 to enter or be on the premises of a retail outlet in violation
18of s. 961.71 (2m), unless that person is a qualifying patient, as defined in s. 73.17 (1)
19(d).
SB486,35,22 20(4) The maximum amount of usable marijuana that a retail outlet may sell to
21an individual consumer in a single transaction may not exceed a permissible amount,
22as defined in s. 961.70 (3).
SB486,35,25 23(4m) A marijuana retailer or operator of a marijuana lounge may not collect,
24retain, or distribute personal information regarding the retailer's or operator's
25customers except that which is necessary to complete a sale of usable marijuana.
SB486,36,4
1(5) No marijuana retailer may display any signage in a window, on a door, or
2on the outside of the premises of a retail outlet that is visible to the general public
3from a public right-of-way, other than a single sign that is no larger than 1,600
4square inches identifying the retail outlet by the permittee's business or trade name.
SB486,36,7 5(6) No marijuana retailer or operator of a marijuana lounge may display usable
6marijuana in a manner that is visible to the general public from a public
7right-of-way.
SB486,36,9 8(7) No marijuana retailer or employee of a retail outlet may consume, or allow
9to be consumed, any usable marijuana on the premises of the retail outlet.
SB486,36,11 10(7m) A marijuana retailer or operator of a marijuana lounge may operate a
11retail outlet only between the hours of 8 a.m. and 8 p.m.
SB486,36,15 12(8) Except as provided under sub. (5), no marijuana producer, marijuana
13processor, marijuana distributor, marijuana retailer, operator of a marijuana lounge,
14or microbusiness may place or maintain, or cause to be placed or maintained, an
15advertisement of usable marijuana in any form or through any medium.
SB486,36,24 16(9) (a) On a schedule determined by the department, every marijuana
17producer, marijuana processor, or microbusiness shall submit representative
18samples of the marijuana and usable marijuana produced or processed by the
19marijuana producer, marijuana processor, or microbusiness to a testing laboratory
20registered under s. 94.57 for testing marijuana and usable marijuana in order to
21certify that the marijuana and usable marijuana comply with standards prescribed
22by the department by rule, including testing for potency and for mold, fungus,
23pesticides, and other contaminants. The laboratory testing the sample shall destroy
24any part of the sample that remains after the testing.
SB486,37,3
1(b) Marijuana producers, marijuana processors, and microbusinesses shall
2submit the results of the testing provided under par. (a) to the department in the
3manner prescribed by the department by rule.
SB486,37,84 (c) If a representative sample tested under par. (a) does not meet the standards
5prescribed by the department, the department shall take the necessary action to
6ensure that the entire lot from which the sample was taken is destroyed. The
7department shall promulgate rules to determine lots and lot numbers for purposes
8of this subsection and for the reporting of lots and lot numbers to the department.
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