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AB56-SA12,70 22Section 70. 51.49 (1) (d) of the statutes is amended to read:
AB56-SA12,24,2523 51.49 (1) (d) “Operating while intoxicated" means a violation of s. 346.63 (1) or,
24(2m), or (2p) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6),
25940.09 (1) or 940.25.
AB56-SA12,71
1Section 71. 59.54 (25) (title) of the statutes is amended to read:
AB56-SA12,25,22 59.54 (25) (title) Possession Regulation of marijuana.
AB56-SA12,72 3Section 72. 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB56-SA12,25,124 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
5the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
6s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance
that
7is consistent with s. 961.71 or 961.72
; except that if a complaint is issued regarding
8an allegation of possession of more than 25 grams of marijuana, or possession of any
9amount of marijuana following a conviction in this state for possession of marijuana

10alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint
11may not be prosecuted under this subsection for the same action that is the subject
12of the complaint unless all of the following occur:
AB56-SA12,73 13Section 73. 66.0107 (1) (bm) of the statutes is amended to read:
AB56-SA12,25,2314 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
15marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
16(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
17with s. 961.71 or 961.72
; except that if a complaint is issued regarding an allegation
18of possession of more than 25 grams of marijuana, or possession of any amount of
19marijuana following a conviction in this state for possession of marijuana
alleging
20a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4.
, the subject of the complaint may not
21be prosecuted under this paragraph for the same action that is the subject of the
22complaint unless the charges are dismissed or the district attorney declines to
23prosecute the case.
AB56-SA12,74 24Section 74. 66.0414 of the statutes is created to read:
AB56-SA12,26,3
166.0414 Cultivation of tetrahydrocannabinols. No city, village, town, or
2county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
3by one of the following:
AB56-SA12,26,4 4(1) A compassion center, as defined in s. 50.80 (1).
AB56-SA12,26,7 5(2) A person who is cultivating tetrahydrocannabinols for the medical use of
6tetrahydrocannabinols, as defined in s. 50.80 (4), if the amount does not exceed the
7maximum medicinal amount, as defined in s. 50.80 (3).
AB56-SA12,26,9 8(3) An individual who has no more than 6 marijuana plants at one time for his
9or her personal use.
AB56-SA12,75 10Section 75. 77.52 (13) of the statutes is amended to read:
AB56-SA12,26,2211 77.52 (13) For the purpose of the proper administration of this section and to
12prevent evasion of the sales tax it shall be presumed that all receipts are subject to
13the tax until the contrary is established. The burden of proving that a sale of tangible
14personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
15is not a taxable sale at retail is upon the person who makes the sale unless that
16person takes from the purchaser an electronic or a paper certificate, in a manner
17prescribed by the department, to the effect that the property, item, good, or service
18is purchased for resale or is otherwise exempt, except that no certificate is required
19for the sale of tangible personal property, or items, property, or goods under sub. (1)
20(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),
21(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
22(51), (52), (66), and (67), and (69).
AB56-SA12,76 23Section 76. 77.53 (10) of the statutes is amended to read:
AB56-SA12,27,1124 77.53 (10) For the purpose of the proper administration of this section and to
25prevent evasion of the use tax and the duty to collect the use tax, it is presumed that

1tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
2(d), or taxable services sold by any person for delivery in this state is sold for storage,
3use, or other consumption in this state until the contrary is established. The burden
4of proving the contrary is upon the person who makes the sale unless that person
5takes from the purchaser an electronic or paper certificate, in a manner prescribed
6by the department, to the effect that the property, or items, property, or goods under
7s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise
8exempt from the tax, except that no certificate is required for the sale of tangible
9personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
10services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n),
11(21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (69).
AB56-SA12,77 12Section 77. 77.54 (69) of the statutes is created to read:
AB56-SA12,27,1513 77.54 (69) The sales price from the sale of and the storage, use, or other
14consumption of usable marijuana, as defined in s. 139.97 (13), provided by a
15compassion center, as defined in s. 50.80 (1).
AB56-SA12,78 16Section 78. 94.56 of the statutes is created to read:
AB56-SA12,27,18 1794.56 Marijuana producers and processors. (1) Definitions. In this
18section:
AB56-SA12,27,2119 (a) “Labor peace agreement” means an agreement between a person applying
20for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
21that does all of the following:
AB56-SA12,27,2422 1. Prohibits labor organizations and its members from engaging in picketing,
23work stoppages, boycotts, and any other economic interference with persons doing
24business in this state.
AB56-SA12,28,2
12. Prohibits the applicant from disrupting the efforts of the labor organization
2to communicate with and to organize and represent the applicant's employees.
AB56-SA12,28,63 3. Provides the labor organization access at reasonable times to areas in which
4the applicant's employees work for the purpose of meeting with employees to discuss
5their right to representation, employment rights under state law, and terms and
6conditions of employment.
AB56-SA12,28,77 (b) “Marijuana" has the meaning given in s. 961.70 (3).
AB56-SA12,28,88 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
AB56-SA12,28,99 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).
AB56-SA12,28,1010 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
AB56-SA12,28,1211 (f) “Permittee” means a marijuana producer or marijuana processor who is
12issued a permit under this section.
AB56-SA12,28,18 13(2) Permit required. (a) No person may operate in this state as a marijuana
14producer or marijuana processor without a permit from the department. A person
15who acts as a marijuana producer and a marijuana processor shall obtain a separate
16permit for each activity. A person is not required to obtain a permit under this section
17if the person produces or processes only industrial hemp and holds a valid license
18under s. 94.55.
AB56-SA12,28,2119 (b) This subsection applies to all officers, directors, agents, and stockholders
20holding 5 percent or more of the stock of any corporation applying for a permit under
21this section.
AB56-SA12,28,2322 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
23not be granted to any person to whom any of the following applies:
AB56-SA12,28,2524 1. The person has been convicted of a violent misdemeanor, as defined in s.
25941.29 (1g) (b), at least 3 times.
AB56-SA12,29,2
12. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
2(a), unless pardoned.
AB56-SA12,29,43 3. During the preceding 3 years, the person has been committed under s. 51.20
4for being drug dependent.
AB56-SA12,29,95 4. The person chronically and habitually uses alcohol beverages or other
6substances to the extent that his or her normal faculties are impaired. A person is
7presumed to chronically and habitually use alcohol beverages or other substances to
8the extent that his or her normal faculties are impaired if, within the preceding 3
9years, any of the following applies:
AB56-SA12,29,1110 a. The person has been committed for involuntary treatment under s. 51.45
11(13).
AB56-SA12,29,1212 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB56-SA12,29,2213 c. In 2 or more cases arising out of separate incidents, a court has found the
14person to have committed a violation of s. 346.63 or a local ordinance in conformity
15with that section; a violation of a law of a federally recognized American Indian tribe
16or band in this state in conformity with s. 346.63; or a violation of the law of another
17jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
18intoxicated, while under the influence of a controlled substance, a controlled
19substance analog, or a combination thereof, with an excess or specified range of
20alcohol concentration, or while under the influence of any drug to a degree that
21renders the person incapable of safely driving, as those or substantially similar
22terms are used in that jurisdiction's laws.
AB56-SA12,29,2423 5. The person has income that comes principally from gambling or has been
24convicted of 2 or more gambling offenses.
AB56-SA12,29,2525 6. The person has been guilty of crimes relating to prostitution.
AB56-SA12,30,2
17. The person has been guilty of crimes relating to loaning money or anything
2of value to persons holding licenses or permits pursuant to ch. 125.
AB56-SA12,30,33 8. The person is under the age of 21.
AB56-SA12,30,54 9. The person has not been a resident of this state continuously for at least 90
5days prior to the application date.
AB56-SA12,30,126 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
7employees may not receive a permit under this section unless the applicant certifies
8to the department that the applicant has entered into a labor peace agreement and
9will abide by the terms of the agreement as a condition of maintaining a valid permit
10under this section. The applicant shall submit to the department a copy of the page
11of the labor peace agreement that contains the signatures of the union representative
12and the applicant.
AB56-SA12,30,2213 (cn) The department shall use a competitive scoring system to determine which
14applicants are eligible to receive a permit under this section. The department shall
15issue permits to the highest scoring applicants that it determines will best protect
16the environment; provide stable, family-supporting jobs to local residents; ensure
17worker and consumer safety; operate secure facilities; and uphold the laws of the
18jurisdictions in which they operate. The department may deny a permit to an
19applicant with a low score, as determined under this paragraph. The department
20may request that the applicant provide any information or documentation that the
21department deems necessary for purposes of making a determination under this
22paragraph.
AB56-SA12,31,423 (d) 1. Before the department issues a new or renewed permit under this section,
24the department shall give notice of the permit application to the governing body of
25the municipality where the permit applicant intends to operate the premises of a

1marijuana producer or marijuana processor. No later than 30 days after the
2department submits the notice, the governing body of the municipality may file with
3the department a written objection to granting or renewing the permit. At the
4municipality's request, the department may extend the period for filing objections.
AB56-SA12,31,175 2. A written objection filed under subd. 1. shall provide all the facts on which
6the objection is based. In determining whether to grant or deny a permit for which
7an objection has been filed under this paragraph, the department shall give
8substantial weight to objections from a municipality based on chronic illegal activity
9associated with the premises for which the applicant seeks a permit, the premises
10of any other operation in this state for which the applicant holds or has held a valid
11permit or license, the conduct of the applicant's patrons inside or outside the
12premises of any other operation in this state for which the applicant holds or has held
13a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
14illegal activity" means a pervasive pattern of activity that threatens the public
15health, safety, and welfare of the municipality, including any crime or ordinance
16violation, and is documented in crime statistics, police reports, emergency medical
17response data, calls for service, field data, or similar law enforcement agency records.
AB56-SA12,31,2218 (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.
AB56-SA12,31,2423 (f) 1. The department's denial of a permit under this section is subject to judicial
24review under ch. 227.
AB56-SA12,32,2
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.
AB56-SA12,32,43 (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).
AB56-SA12,32,10 5(3) Fees; term. (a) Each person who applies for a permit under this section
6shall submit with the application a $250 fee. A permit issued under this section is
7valid for one year and may be renewed, except that the department may revoke or
8suspend a permit prior to its expiration. A person is not entitled to a refund of the
9fees paid under this subsection if the person's permit is denied, revoked, or
10suspended.
AB56-SA12,32,1411 (b) A permittee shall annually pay to the department a fee for as long as the
12person holds a valid permit under this section. The annual fee for a marijuana
13processor permittee is $2,000. The annual fee for a marijuana producer permittee
14is one of the following, unless the department, by rule, establishes a higher amount:
AB56-SA12,32,1615 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
16marijuana plants, $1,800.
AB56-SA12,32,1817 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
18not more than 3,600 marijuana plants, $2,900.
AB56-SA12,32,2019 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
20not more than 6,000 marijuana plants, $3,600.
AB56-SA12,32,2221 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
22not more than 10,200 marijuana plants, $5,100.
AB56-SA12,32,2423 5. If the permittee plants, grows, cultivates, or harvests more than 10,200
24marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
AB56-SA12,33,3
1(4) Schools. The department may not issue a permit under this section to
2operate as a marijuana producer within 500 feet of the perimeter of the grounds of
3any elementary or secondary school.
AB56-SA12,33,11 4(5) Education and awareness campaign. The department shall develop and
5make available training programs for marijuana producers on how to safely and
6efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for
7marijuana processors on how to safely and efficiently produce and handle marijuana
8products and test marijuana for contaminants. The department shall conduct an
9awareness campaign to inform potential marijuana producers and marijuana
10processors of the availability and viability of marijuana as a crop or product in this
11state.
AB56-SA12,33,14 12(6) Rules. The department shall promulgate rules necessary to administer and
13enforce this section, including rules relating to the inspection of the plants, facilities,
14and products of permittees and training requirements for employees of permittees.
AB56-SA12,33,18 15(7) Penalties. (a) Any person who violates the requirements under sub. (2) or
16(3) or any of the requirements established by the rules promulgated under sub. (6)
17shall be fined not less than $100 nor more than $500 or imprisoned not more than
186 months or both.
AB56-SA12,33,2219 (b) In addition to the penalties imposed under par. (a), the department shall
20revoke the permit of any person convicted of any violation described under par. (a)
21and not issue another permit to that person for a period of 2 years following the
22revocation.
AB56-SA12,79 23Section 79. 100.145 of the statutes is created to read:
AB56-SA12,34,2 24100.145 Recreational marijuana logotype. The department shall design
25an official logotype, appropriate for including on a label affixed to recreational

1marijuana under s. 139.973 (10) (a). The department shall design the logotype to be
2distinguishable from any logotype for medical marijuana.
AB56-SA12,80 3Section 80. 108.02 (18r) of the statutes is created to read:
AB56-SA12,34,44 108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).
AB56-SA12,81 5Section 81. 108.04 (5m) of the statutes is created to read:
AB56-SA12,34,106 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
7“misconduct," for purposes of sub. (5), does not include the employee's use of
8marijuana off the employer's premises during nonworking hours or a violation of the
9employer's policy concerning such use, unless termination of the employee because
10of that use is permitted under s. 111.35.
AB56-SA12,34,1411 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
12not include the employee's use of marijuana off the employer's premises during
13nonworking hours or a violation of the employer's policy concerning such use, unless
14termination of the employee because of that use is permitted under s. 111.35.
AB56-SA12,82 15Section 82. 108.133 (1) (a) of the statutes is renumbered 108.133 (1) (a) 1. and
16amended to read:
AB56-SA12,34,1817 108.133 (1) (a) 1. Notwithstanding s. 108.02 (9), “controlled substance" has the
18meaning given in 21 USC 802, except as provided in subd. 2.
AB56-SA12,83 19Section 83. 108.133 (1) (a) 2. of the statutes is created to read:
AB56-SA12,34,2320 108.133 (1) (a) 2. “Controlled substance” does not include
21tetrahydrocannabinols, commonly known as “THC," in any form including
22tetrahydrocannabinols contained in marijuana, obtained from marijuana, or
23chemically synthesized.
AB56-SA12,84 24Section 84. 111.32 (9m) of the statutes is created to read:
AB56-SA12,34,2525 111.32 (9m) “Lawful product” includes marijuana.
AB56-SA12,85
1Section 85. 111.32 (11m) of the statutes is created to read:
AB56-SA12,35,52 111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis,
3whether growing or not; the seeds thereof; the resin extracted from any part of the
4plant; and every compound, manufacture, salt, derivative, mixture, or preparation
5of the plant, its seeds or resin, including tetrahydrocannabinols.
AB56-SA12,86 6Section 86. 111.35 (2) (e) of the statutes is amended to read:
AB56-SA12,35,97 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
8This paragraph does not apply with respect to violations concerning marijuana or
9tetrahydrocannabinols under 21 USC 841 to 865.
AB56-SA12,87 10Section 87. 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
AB56-SA12,35,1711 114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
12order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
13assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
14examination of the person's use of alcohol, tetrahydrocannabinols, controlled
15substances, or controlled substance analogs and development of an airman safety
16plan for the person. The court shall notify the person, the department, and the proper
17federal agency of the assessment order. The assessment order shall:
AB56-SA12,88 18Section 88. 114.09 (2) (bm) 4. of the statutes is amended to read:
AB56-SA12,36,419 114.09 (2) (bm) 4. The assessment report shall order compliance with an
20airman safety plan. The report shall inform the person of the fee provisions under
21s. 46.03 (18) (f). The safety plan may include a component that makes the person
22aware of the effect of his or her offense on a victim and a victim's family. The safety
23plan may include treatment for the person's misuse, abuse, or dependence on alcohol,
24tetrahydrocannabinols, controlled substances, or controlled substance analogs. If
25the plan requires inpatient treatment, the treatment shall not exceed 30 days. An

1airman safety plan under this paragraph shall include a termination date consistent
2with the plan that shall not extend beyond one year. The county department under
3s. 51.42 shall assure notification of the department of transportation and the person
4of the person's compliance or noncompliance with assessment and treatment.
AB56-SA12,89 5Section 89. 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
6amended to read:
AB56-SA12,36,167 115.35 (1) (a) (intro.) A critical health problems education program is
8established in the department. The program shall be a systematic and integrated
9program designed to provide appropriate learning experiences based on scientific
10knowledge of the human organism as it functions within its environment and
11designed to favorably influence the health, understanding, attitudes and practices
12of the individual child which will enable him or her to adapt to changing health
13problems of our society. The program shall be designed to educate youth with regard
14to critical health problems and shall include, but not be limited to, the following
15topics as the basis for comprehensive education curricula in all elementary and
16secondary schools: controlled
AB56-SA12,36,18 171. Controlled substances, as defined in s. 961.01 (4); controlled substance
18analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.
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