This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB56-SA12,37,1311 121.02 (1) (L) 8. Beginning in the 2019-20 school year, as part of the health
12curriculum, in one of grades 5 to 8 and in one of grades 9 to 12, provide pupils with
13the instruction about marijuana described in s. 115.35 (1) (a) 6.
AB56-SA12,92 14Section 92. Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
15created to read:
AB56-SA12,37,1616 chapter 139
AB56-SA12,37,1717 subchapter Iv
AB56-SA12,37,1818 marijuana tax and regulation
AB56-SA12,37,19 19139.97 Definitions. In this subchapter:
AB56-SA12,37,20 20(1) “Department" means the department of revenue.
AB56-SA12,37,23 21(2) “Lot" means a definite quantity of marijuana or usable marijuana identified
22by a lot number, every portion or package of which is consistent with the factors that
23appear in the labeling.
AB56-SA12,37,25 24(3) “Lot number" means a number that specifies the person who holds a valid
25permit under this subchapter and the harvesting or processing date for each lot.
AB56-SA12,38,1
1(4) “Marijuana" has the meaning given in s. 961.70 (3).
AB56-SA12,38,5 2(5) “Marijuana distributor” means a person in this state who purchases or
3receives usable marijuana from a marijuana processor and who sells or otherwise
4transfers the usable marijuana to a marijuana retailer or to a compassion center, as
5defined in s. 50.80 (1), for the purpose of resale to consumers.
AB56-SA12,38,9 6(6) “Marijuana processor" means a person in this state who processes
7marijuana into usable marijuana, packages and labels usable marijuana for sale in
8retail outlets or in compassion centers, as defined in s. 50.80 (1), and sells at
9wholesale or otherwise transfers usable marijuana to marijuana distributors.
AB56-SA12,38,11 10(7) “Marijuana producer" means a person in this state who produces marijuana
11and sells it at wholesale or otherwise transfers it to marijuana processors.
AB56-SA12,38,14 12(8) “Marijuana retailer" means a person in this state that sells usable
13marijuana at a retail outlet, not including a compassion center, as defined in s. 50.80
14(1).
AB56-SA12,38,17 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:
AB56-SA12,38,1818 (a) A marijuana processor.
AB56-SA12,38,1919 (b) A marijuana distributor.
AB56-SA12,38,2020 (c) A marijuana retailer.
AB56-SA12,38,23 21(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
22distributor, marijuana retailer, or microbusiness that is issued a permit under s.
23139.972.
AB56-SA12,38,24 24(11) “Retail outlet" means a location for the retail sale of usable marijuana.
AB56-SA12,38,25 25(12) “Sales price" has the meaning given in s. 77.51 (15b).
AB56-SA12,39,3
1(13) “Usable marijuana" means marijuana that has been processed for human
2consumption and includes dried marijuana flowers, marijuana-infused products,
3and marijuana edibles.
AB56-SA12,39,8 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.
AB56-SA12,39,109 (b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent
10of the sales price on each retail sale in this state of usable marijuana.
AB56-SA12,39,14 11(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
12to the department no later than the 15th day of the month following the month in
13which the person's tax liability is incurred and shall include with the payment a
14return on a form prescribed by the department.
AB56-SA12,39,19 15(3) For purposes of this section, a marijuana producer may not sell marijuana
16directly to a marijuana distributor or marijuana retailer, and a marijuana retailer
17may purchase usable marijuana for resale only from a marijuana distributor. This
18subsection does not apply to a microbusiness that transfers marijuana or usable
19marijuana to another operation with the microbusiness.
AB56-SA12,39,25 20139.972 Permits required. (1) (a) No person may operate in this state as a
21marijuana producer, marijuana processor, marijuana distributor, marijuana
22retailer, or microbusiness without first filing an application for and obtaining the
23proper permit from the department to perform such operations. In addition, no
24person may operate in this state as a marijuana producer or marijuana processor
25without first filing an application for and obtaining the proper permit under s. 94.56.
AB56-SA12,40,3
1(b) This section applies to all officers, directors, agents, and stockholders
2holding 5 percent or more of the stock of any corporation applying for a permit under
3this section.
AB56-SA12,40,54 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
5not be granted to any person to whom any of the following applies:
AB56-SA12,40,76 1. The person has been convicted of a violent misdemeanor, as defined in s.
7941.29 (1g) (b), at least 3 times.
AB56-SA12,40,98 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
9(a), unless pardoned.
AB56-SA12,40,1110 3. During the preceding 3 years, the person has been committed under s. 51.20
11for being drug dependent.
AB56-SA12,40,1612 4. The person chronically and habitually uses alcohol beverages or other
13substances to the extent that his or her normal faculties are impaired. A person is
14presumed to chronically and habitually use alcohol beverages or other substances to
15the extent that his or her normal faculties are impaired if, within the preceding 3
16years, any of the following applies:
AB56-SA12,40,1817 a. The person has been committed for involuntary treatment under s. 51.45
18(13).
AB56-SA12,40,1919 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB56-SA12,41,420 c. In 2 or more cases arising out of separate incidents, a court has found the
21person to have committed a violation of s. 346.63 or a local ordinance in conformity
22with that section; a violation of a law of a federally recognized American Indian tribe
23or band in this state in conformity with s. 346.63; or a violation of the law of another
24jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
25intoxicated, while under the influence of a controlled substance, a controlled

1substance analog, or a combination thereof, with an excess or specified range of
2alcohol concentration, or while under the influence of any drug to a degree that
3renders the person incapable of safely driving, as those or substantially similar
4terms are used in that jurisdiction's laws.
AB56-SA12,41,65 5. The person has income that comes principally from gambling or has been
6convicted of 2 or more gambling offenses.
AB56-SA12,41,77 6. The person has been guilty of crimes relating to prostitution.
AB56-SA12,41,98 7. The person has been guilty of crimes relating to loaning money or anything
9of value to persons holding licenses or permits pursuant to ch. 125.
AB56-SA12,41,1010 8. The person is under the age of 21.
AB56-SA12,41,1211 9. The person has not been a resident of this state continuously for at least 90
12days prior to the application date.
AB56-SA12,41,2013 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
14employees may not receive a permit under this section to operate as a marijuana
15distributor or marijuana retailer unless the applicant certifies to the department
16that the applicant has entered into a labor peace agreement, as defined in s. 94.56
17(1) (a), and will abide by the terms of the agreement as a condition of maintaining
18a valid permit under this section. The applicant shall submit to the department a
19copy of the page of the labor peace agreement that contains the signatures of the
20union representative and the applicant.
AB56-SA12,42,521 (cn) The department shall use a competitive scoring system to determine which
22applicants are eligible to receive a permit under this section. The department shall
23issue permits to the highest scoring applicants that it determines will best protect
24the environment; provide stable, family-supporting jobs to local residents; ensure
25worker and consumer safety; operate secure facilities; and uphold the laws of the

1jurisdictions in which they operate. The department may deny a permit to an
2applicant with a low score, as determined under this paragraph. The department
3may request that the applicant provide any information or documentation that the
4department deems necessary for purposes of making a determination under this
5paragraph.
AB56-SA12,42,136 (d) 1. Before the department issues a new or renewed permit under this section,
7the department shall give notice of the permit application to the governing body of
8the municipality where the permit applicant intends to operate the premises of a
9marijuana producer, marijuana processor, marijuana distributor, marijuana
10retailer, or microbusiness. No later than 30 days after the department submits the
11notice, the governing body of the municipality may file with the department a written
12objection to granting or renewing the permit. At the municipality's request, the
13department may extend the period for filing objections.
AB56-SA12,43,214 2. A written objection filed under subd. 1. shall provide all the facts on which
15the objection is based. In determining whether to grant or deny a permit for which
16an objection has been filed under this paragraph, the department shall give
17substantial weight to objections from a municipality based on chronic illegal activity
18associated with the premises for which the applicant seeks a permit, the premises
19of any other operation in this state for which the applicant holds or has held a valid
20permit or license, the conduct of the applicant's patrons inside or outside the
21premises of any other operation in this state for which the applicant holds or has held
22a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
23illegal activity" means a pervasive pattern of activity that threatens the public
24health, safety, and welfare of the municipality, including any crime or ordinance

1violation, and is documented in crime statistics, police reports, emergency medical
2response data, calls for service, field data, or similar law enforcement agency records.
AB56-SA12,43,73 (e) After denying a permit, the department shall immediately notify the
4applicant in writing of the denial and the reasons for the denial. After making a
5decision to grant or deny a permit for which a municipality has filed an objection
6under par. (d), the department shall immediately notify the governing body of the
7municipality in writing of its decision and the reasons for the decision.
AB56-SA12,43,98 (f) 1. The department's denial of a permit under this section is subject to judicial
9review under ch. 227.
AB56-SA12,43,1110 2. The department's decision to grant a permit under this section regardless of
11an objection filed under par. (d) is subject to judicial review under ch. 227.
AB56-SA12,43,1312 (g) The department shall not issue a permit under this section to any person
13who does not hold a valid certificate under s. 73.03 (50).
AB56-SA12,43,20 14(2) Each person who applies for a permit under this section shall submit with
15the application a $250 fee. Each person who is granted a permit under this section
16shall annually pay to the department a $2,000 fee for as long as the person holds a
17valid permit under this section. A permit issued under this section is valid for one
18year and may be renewed, except that the department may revoke or suspend a
19permit prior to its expiration. A person is not entitled to a refund of the fees paid
20under this subsection if the person's permit is denied, revoked, or suspended.
AB56-SA12,43,24 21(3) The department may not issue a permit under this section to operate any
22premises which are within 500 feet of the perimeter of the grounds of any elementary
23or secondary school, playground, recreation facility, child care facility, public park,
24public transit facility, or library.
AB56-SA12,44,14
1(4) Under this section, a separate permit is required for and issued to each class
2of permittee, and the permit holder may perform only the operations authorized by
3the permit. A permit issued under this section is not transferable from one person
4to another or from one premises to another. A separate permit is required for each
5place in this state where the operations of a marijuana producer, marijuana
6processor, marijuana distributor, marijuana retailer, or microbusiness occur,
7including each retail outlet. No person who has been issued a permit to operate as
8a marijuana retailer, or who has any direct or indirect financial interest in the
9operation of a marijuana retailer, shall be issued a permit to operate as a marijuana
10producer, marijuana processor, or marijuana distributor. A person who has been
11issued a permit to operate as a microbusiness is not required to hold separate permits
12to operate as a marijuana processor, marijuana distributor, or marijuana retailer,
13but shall specify on the person's application for a microbusiness permit the activities
14that the person will be engaged in as a microbusiness.
AB56-SA12,44,16 15(5) Each person issued a permit under this section shall post the permit in a
16conspicuous place on the premises to which the permit relates.
AB56-SA12,44,18 17139.973 Regulation. (1) (a) No permittee may employ an individual who is
18under the age of 21 to work in the business to which the permit relates.
AB56-SA12,44,2119 (b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an
20individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the
21individual.
AB56-SA12,44,23 22(2) A retail outlet shall sell no products or services other than usable marijuana
23or paraphernalia intended for the storage or use of usable marijuana.
AB56-SA12,44,25 24(3) No marijuana retailer may allow a person who is under the age of 21 to enter
25or be on the premises of a retail outlet in violation of s. 961.71 (2m).
AB56-SA12,45,3
1(4) The maximum amount of usable marijuana that a retail outlet may sell to
2an individual consumer in a single transaction may not exceed the permissible
3amount under s. 961.70 (5).
AB56-SA12,45,6 4(4m) A marijuana retailer may not collect, retain, or distribute personal
5information regarding the retailer's customers except that which is necessary to
6complete a sale of usable marijuana.
AB56-SA12,45,10 7(5) No marijuana retailer may display any signage in a window, on a door, or
8on the outside of the premises of a retail outlet that is visible to the general public
9from a public right-of-way, other than a single sign that is no larger than 1,600
10square inches identifying the retail outlet by the permittee's business or trade name.
AB56-SA12,45,12 11(6) No marijuana retailer may display usable marijuana in a manner that is
12visible to the general public from a public right-of-way.
AB56-SA12,45,14 13(7) No marijuana retailer or employee of a retail outlet may consume, or allow
14to be consumed, any usable marijuana on the premises of the retail outlet.
AB56-SA12,45,16 15(7m) A marijuana retailer may operate a retail outlet only between the hours
16of 8 a.m. and 8 p.m.
AB56-SA12,45,20 17(8) Except as provided under sub. (5), no marijuana producer, marijuana
18processor, marijuana distributor, marijuana retailer, or microbusiness may place or
19maintain, or cause to be placed or maintained, an advertisement of usable marijuana
20in any form or through any medium.
AB56-SA12,46,4 21(9) (a) On a schedule determined by the department, every marijuana
22producer, marijuana processor, or microbusiness shall submit representative
23samples of the marijuana and usable marijuana produced or processed by the
24marijuana producer, marijuana processor, or microbusiness to a testing laboratory
25registered under s. 50.86 for testing marijuana and usable marijuana in order to

1certify that the marijuana and usable marijuana comply with standards prescribed
2by the department by rule, including testing for potency and for mold, fungus,
3pesticides, and other contaminants. The laboratory testing the sample shall destroy
4any part of the sample that remains after the testing.
AB56-SA12,46,75 (b) Marijuana producers, marijuana processors, and microbusinesses shall
6submit the results of the testing provided under par. (a) to the department in the
7manner prescribed by the department by rule.
AB56-SA12,46,128 (c) If a representative sample tested under par. (a) does not meet the standards
9prescribed by the department, the department shall take the necessary action to
10ensure that the entire lot from which the sample was taken is destroyed. The
11department shall promulgate rules to determine lots and lot numbers for purposes
12of this subsection and for the reporting of lots and lot numbers to the department.
AB56-SA12,46,16 13(10) (a) A marijuana processor or a microbusiness that operates as a marijuana
14processor shall affix a label to all usable marijuana that the marijuana processor or
15microbusiness sells to marijuana distributors. The label may not be designed to
16appeal to persons under the age of 18. The label shall include all of the following:
AB56-SA12,46,1817 1. The ingredients and the tetrahydrocannabinols concentration in the usable
18marijuana.
AB56-SA12,46,1919 2. The producer's business or trade name.
AB56-SA12,46,2020 3. The licensee or registrant number.
AB56-SA12,46,2121 4. The unique identification number.
AB56-SA12,46,2222 5. The harvest date.
AB56-SA12,46,2323 6. The strain name and product identity.
AB56-SA12,46,2424 7. The net weight.
AB56-SA12,46,2525 8. The activation time.
AB56-SA12,47,2
19. The name of laboratory performing any test, the test batch number, and the
2test analysis dates.
AB56-SA12,47,63 10. The logotype for recreational marijuana developed by the department of
4agriculture, trade and consumer protection under s. 100.145, or the logotype for
5medical marijuana developed by the department of health services under s. 146.46,
6whichever is appropriate.
AB56-SA12,47,77 11. Warnings about all of the following:
AB56-SA12,47,98 a. Risks of marijuana use and pregnancy and risks of marijuana use by persons
9under the age of 18.
AB56-SA12,47,1210 b. The prohibitions under ss. 23.33 (4c) (a) 2g. and 3g. and (b) 2n., 30.681 (1)
11(b) 1g. and (bn) 2. and (2) (b) 1g., 343.10 (5) (a) 2., 343.12 (7) (a) 11., 346.63 (1) (b), (2)
12(a) 2., and (2p), and 350.101 (1) (bg) and (cg) and (2) (bg).
AB56-SA12,47,1613 (b) No marijuana processor or microbusiness that operates as a marijuana
14processor may make usable marijuana using marijuana grown outside this state.
15The label on each package of usable marijuana may indicate that the usable
16marijuana is made in this state.
AB56-SA12,47,18 17(11) (a) No permittee may sell marijuana or usable marijuana that contains
18more than 3 parts tetrahydrocannabinols to one part cannabidiol.
AB56-SA12,47,2219 (b) No permittee may sell marijuana or usable marijuana that tests positive
20under sub. (9) (a) for mold, fungus, pesticides, or other contaminants if the
21contaminants, or level of contaminants, are identified by a testing laboratory to be
22potentially unsafe to the consumer.
AB56-SA12,48,2 23(12) Immediately after beginning employment with a permittee, every
24employee of a permittee shall receive training, approved by the department, on the

1safe handling of marijuana and usable marijuana and on security and inventory
2accountability procedures.
AB56-SA12,48,9 3139.974 Records and reports. (1) Every permittee shall keep accurate and
4complete records of the production and sales of marijuana and usable marijuana in
5this state. The records shall be kept on the premises described in the permit and in
6such manner as to ensure permanency and accessibility for inspection at reasonable
7hours by the department's authorized personnel. The department shall prescribe
8reasonable and uniform methods of keeping records and making reports and shall
9provide the necessary forms to permittees.
AB56-SA12,48,19 10(2) If the department determines that any permittee's records are not kept in
11the prescribed form or are in such condition that the department requires an unusual
12amount of time to determine from the records the amount of the tax due, the
13department shall give notice to the permittee that the permittee is required to revise
14the permittee's records and keep them in the prescribed form. If the permittee fails
15to comply within 30 days, the permittee shall pay the expenses reasonably
16attributable to a proper examination and tax determination at the rate of $30 a day
17for each auditor used to make the examination and determination. The department
18shall send a bill for such expenses, and the permittee shall pay the amount of such
19bill within 10 days.
AB56-SA12,49,4 20(3) If any permittee fails to file a report when due, the permittee shall be
21required to pay a late filing fee of $10. A report that is mailed is filed on time if it is
22mailed in a properly addressed envelope with postage prepaid, the envelope is
23officially postmarked, or marked or recorded electronically as provided under section
247502 (f) (2) (c) of the Internal Revenue Code, on the date due, and the report is
25actually received by the department or at the destination that the department

1prescribes within 5 days of the due date. A report that is not mailed is timely if it
2is received on or before the due date by the department or at the destination that the
3department prescribes. For purposes of this subsection, “mailed" includes delivery
4by a delivery service designated under section 7502 (f) of the Internal Revenue Code.
AB56-SA12,49,9 5(4) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating
6to confidentiality of income, franchise, and gift tax returns, apply to any information
7obtained from any permittee under this subchapter on a tax return, report, schedule,
8exhibit, or other document or from an audit report relating to any of those documents,
9except that the department shall publish production and sales statistics.
Loading...
Loading...