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AB440-SSA1,11,1313 (b) A written certification.
AB440-SSA1,11,1514 (c) The name, address, and telephone number of the person's current physician,
15as listed in the written certification.
AB440-SSA1,11,20 16(3) Processing the application. The department shall verify the information
17contained in or accompanying an application submitted under sub. (2) and shall
18approve or deny the application within 30 days after receiving it. The department
19may deny an application submitted under sub. (2) only if the required information
20has not been provided or if false information has been provided.
AB440-SSA1,12,3 21(4) Issuing a registry identification card and tax exemption certificate. The
22department shall issue to the applicant a registry identification card and tax
23exemption certificate within 5 days after approving an application under sub. (3).
24Unless voided under sub. (5) (b) or revoked under rules issued by the department
25under sub. (7), a registry identification card and tax exemption certificate shall

1expire 4 years from the date of issuance. A tax exemption certificate shall contain
2the information determined by the department. A registry identification card shall
3contain all of the following:
AB440-SSA1,12,44 (a) The name, address, and date of birth of the registrant.
AB440-SSA1,12,55 (b) The date of issuance and expiration date of the registry identification card.
AB440-SSA1,12,66 (c) A photograph of the registrant.
AB440-SSA1,12,77 (d) Other information the department may require by rule.
AB440-SSA1,12,12 8(5) Additional information to be provided by registrant. (a) An adult
9registrant shall notify the department of any change in the registrant's name and
10address. An adult registrant who is a qualifying patient shall notify the department
11of any change in his or her physician or of any significant improvement in his or her
12health as it relates to his or her debilitating medical condition or treatment.
AB440-SSA1,12,1513 (b) If a registrant fails to notify the department within 10 days after any change
14for which notification is required under par. (a), his or her registry identification card
15and tax exemption certificate is void.
AB440-SSA1,12,16 16(6) Records. (a) The department shall maintain a list of all registrants.
AB440-SSA1,12,1917 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
18may not disclose information from an application submitted or a registry
19identification card issued under this section.
AB440-SSA1,12,2320 (c) The department may disclose to state or local law enforcement agencies
21information from an application submitted by, or from a registry identification card
22issued to, a specific person under this section for the purpose of verifying that the
23person possesses a valid registry identification card.
AB440-SSA1,12,24 24(7) Rules. The department shall promulgate rules to implement this section.
AB440-SSA1,20 25Section 20 . 77.54 (71) of the statutes is created to read:
AB440-SSA1,13,3
177.54 (71) The sales price from the sale of and the storage, use, or other
2consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an
3individual who holds a valid certificate issued under s. 73.17 (4).
AB440-SSA1,21 4Section 21. 94.55 (2t) of the statutes is repealed.
AB440-SSA1,22 5Section 22 . 94.56 of the statutes is created to read:
AB440-SSA1,13,7 694.56 Marijuana producers and processors. (1) Definitions. In this
7section:
AB440-SSA1,13,108 (a) “Labor peace agreement” means an agreement between a person applying
9for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
10that does all of the following:
AB440-SSA1,13,1311 1. Prohibits labor organizations and its members from engaging in picketing,
12work stoppages, boycotts, and any other economic interference with persons doing
13business in this state.
AB440-SSA1,13,1514 2. Prohibits the applicant from disrupting the efforts of the labor organization
15to communicate with and to organize and represent the applicant's employees.
AB440-SSA1,13,1916 3. Provides the labor organization access at reasonable times to areas in which
17the applicant's employees work for the purpose of meeting with employees to discuss
18their right to representation, employment rights under state law, and terms and
19conditions of employment.
AB440-SSA1,13,2020 (b) “Marijuana" has the meaning given in s. 961.70 (3).
AB440-SSA1,13,2121 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
AB440-SSA1,13,2222 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).
AB440-SSA1,13,2323 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
AB440-SSA1,13,2524 (f) “Permittee” means a marijuana producer or marijuana processor who is
25issued a permit under this section.
AB440-SSA1,14,6
1(2) Permit required. (a) No person may operate in this state as a marijuana
2producer or marijuana processor without a permit from the department. A person
3who acts as a marijuana producer and a marijuana processor shall obtain a separate
4permit for each activity. A person is not required to obtain a permit under this section
5if the person produces or processes only industrial hemp and holds a valid license
6under s. 94.55.
AB440-SSA1,14,87 (b) This subsection applies to any of the following if they hold 5 percent or more
8of the stock of any corporation applying for a permit under this section
AB440-SSA1,14,99 1. Officers of the corporation.
AB440-SSA1,14,1010 2. Directors of the corporation.
AB440-SSA1,14,1111 3. Agents of the corporation.
AB440-SSA1,14,1212 4. Stockholders of the corporation.
AB440-SSA1,14,1413 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
14not be granted to any person to whom any of the following applies:
AB440-SSA1,14,1615 1. The person has been convicted of a violent misdemeanor, as defined in s.
16941.29 (1g) (b), at least 3 times.
AB440-SSA1,14,1817 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
18(a), unless pardoned.
AB440-SSA1,14,2019 3. During the preceding 3 years, the person has been committed under s. 51.20
20for being drug dependent.
AB440-SSA1,14,2521 4. The person chronically and habitually uses alcohol beverages or other
22substances to the extent that his or her normal faculties are impaired. A person is
23presumed to chronically and habitually use alcohol beverages or other substances to
24the extent that his or her normal faculties are impaired if, within the preceding 3
25years, any of the following applies:
AB440-SSA1,15,2
1a. The person has been committed for involuntary treatment under s. 51.45
2(13).
AB440-SSA1,15,33 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB440-SSA1,15,134 c. In 2 or more cases arising out of separate incidents, a court has found the
5person to have committed a violation of s. 346.63 or a local ordinance in conformity
6with that section; a violation of a law of a federally recognized American Indian tribe
7or band in this state in conformity with s. 346.63; or a violation of the law of another
8jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
9intoxicated, while under the influence of a controlled substance, a controlled
10substance analog, or a combination thereof, with an excess or specified range of
11alcohol concentration, or while under the influence of any drug to a degree that
12renders the person incapable of safely driving, as those or substantially similar
13terms are used in that jurisdiction's laws.
AB440-SSA1,15,1514 5. The person has income that comes principally from gambling or has been
15convicted of 2 or more gambling offenses.
AB440-SSA1,15,1616 6. The person has been convicted of crimes relating to prostitution.
AB440-SSA1,15,1817 7. The person has been convicted of crimes relating to loaning money or
18anything of value to persons holding licenses or permits pursuant to ch. 125.
AB440-SSA1,15,1919 8. The person is under the age of 21.
AB440-SSA1,15,2120 9. The person has not been a resident of this state continuously for at least 90
21days prior to the application date.
AB440-SSA1,16,322 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
23employees may not receive a permit under this section unless the applicant certifies
24to the department that the applicant has entered into a labor peace agreement and
25will abide by the terms of the agreement as a condition of maintaining a valid permit

1under this section. The applicant shall submit to the department a copy of the page
2of the labor peace agreement that contains the signatures of the union representative
3and the applicant.
AB440-SSA1,16,134 (cn) The department shall use a competitive scoring system to determine which
5applicants are eligible to receive a permit under this section. The department shall
6issue permits to the highest scoring applicants that it determines will best protect
7the environment; provide stable, family-supporting jobs to local residents; ensure
8worker and consumer safety; operate secure facilities; and uphold the laws of the
9jurisdictions in which they operate. The department may deny a permit to an
10applicant with a low score as determined under this paragraph. The department
11may request that the applicant provide any information or documentation that the
12department deems necessary for purposes of making a determination under this
13paragraph.
AB440-SSA1,16,2014 (d) 1. Before the department issues a new or renewed permit under this section,
15the department shall give notice of the permit application to the governing body of
16the municipality where the permit applicant intends to operate the premises of a
17marijuana producer or marijuana processor. No later than 30 days after the
18department submits the notice, the governing body of the municipality may file with
19the department a written objection to granting or renewing the permit. At the
20municipality's request, the department may extend the period for filing objections.
AB440-SSA1,17,921 2. A written objection filed under subd. 1. shall provide all the facts on which
22the objection is based. In determining whether to grant or deny a permit for which
23an objection has been filed under this paragraph, the department shall give
24substantial weight to objections from a municipality based on chronic illegal activity
25associated with the premises for which the applicant seeks a permit or the premises

1of any other operation in this state for which the applicant holds or has held a valid
2permit or license, the conduct of the applicant's patrons inside or outside the
3premises of any other operation in this state for which the applicant holds or has held
4a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
5illegal activity" means a pervasive pattern of activity that threatens the public
6health, safety, and welfare of the municipality, including any crime or ordinance
7violation, and that is documented in crime statistics, police reports, emergency
8medical response data, calls for service, field data, or similar law enforcement agency
9records.
AB440-SSA1,17,1410 (e) After denying a permit, the department shall immediately notify the
11applicant in writing of the denial and the reasons for the denial. After making a
12decision to grant or deny a permit for which a municipality has filed an objection
13under par. (d), the department shall immediately notify the governing body of the
14municipality in writing of its decision and the reasons for the decision.
AB440-SSA1,17,1615 (f) 1. The department's denial of a permit under this section is subject to judicial
16review under ch. 227.
AB440-SSA1,17,1817 2. The department's decision to grant a permit under this section regardless of
18an objection filed under par. (d) is subject to judicial review under ch. 227.
AB440-SSA1,17,2019 (g) The department shall not issue a permit under this section to any person
20who does not hold a valid certificate under s. 73.03 (50).
AB440-SSA1,18,2 21(3) Fees; term. (a) Each person who applies for a permit under this section
22shall submit with the application a $250 fee. A permit issued under this section is
23valid for one year and may be renewed, except that the department may revoke or
24suspend a permit prior to its expiration. A person is not entitled to a refund of the

1fees paid under this subsection if the person's permit is denied, revoked, or
2suspended.
AB440-SSA1,18,63 (b) A permittee shall annually pay to the department a fee for as long as the
4person holds a valid permit under this section. The annual fee for a marijuana
5processor permittee is $2,000. The annual fee for a marijuana producer permittee
6is one of the following, unless the department, by rule, establishes a higher amount:
AB440-SSA1,18,87 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
8marijuana plants, $1,800.
AB440-SSA1,18,109 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
10not more than 3,600 marijuana plants, $2,900.
AB440-SSA1,18,1211 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
12not more than 6,000 marijuana plants, $3,600.
AB440-SSA1,18,1413 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
14not more than 10,200 marijuana plants, $5,100.
AB440-SSA1,18,1615 5. If the permittee plants, grows, cultivates, or harvests more than 10,200
16marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
AB440-SSA1,18,19 17(4) Schools. The department may not issue a permit under this section to
18operate as a marijuana producer within 500 feet of the perimeter of the grounds of
19any elementary or secondary school.
AB440-SSA1,19,2 20(5) Education and awareness campaign. The department shall develop and
21make available training programs for marijuana producers on how to safely and
22efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for
23marijuana processors on how to safely and efficiently produce and handle marijuana
24products and test marijuana for contaminants. The department shall conduct an
25awareness campaign to inform potential marijuana producers and marijuana

1processors of the availability and viability of marijuana as a crop or product in this
2state.
AB440-SSA1,19,7 3(6) Rules. The department shall promulgate rules necessary to administer and
4enforce this section, including rules relating to the inspection of the plants, facilities,
5and products of permittees; training requirements for employees of permittees; and
6the competitive scoring system for determining which applicants are eligible to
7receive a permit under this section.
AB440-SSA1,19,11 8(7) Penalties. (a) Any person who violates sub. (2), fails to pay the required
9fee under sub. (3), or violates any of the requirements established by the rules
10promulgated under sub. (6) shall be fined not less than $100 nor more than $500 or
11imprisoned not more than 6 months or both.
AB440-SSA1,19,1512 (b) In addition to the penalties imposed under par. (a), the department shall
13revoke the permit of any person convicted of any violation described under par. (a)
14and not issue another permit to that person for a period of 2 years following the
15revocation.
AB440-SSA1,23 16Section 23. 94.57 of the statutes is created to read:
AB440-SSA1,19,20 1794.57 Testing laboratories. The department shall register entities as
18tetrahydrocannabinols testing laboratories. The laboratories may possess or
19manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
20following services:
AB440-SSA1,19,22 21(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
22potency and for mold, fungus, pesticides, and other contaminants.
AB440-SSA1,19,25 23(2) Collect information on research findings and conduct research related to
24the medical use of tetrahydrocannabinols, including research that identifies
25potentially unsafe levels of contaminants.
AB440-SSA1,20,1
1(3) Provide training on the following:
AB440-SSA1,20,32 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and
3distribution of marijuana for the medical use of tetrahydrocannabinols.
AB440-SSA1,20,44 (b) Security and inventory accountability procedures.
AB440-SSA1,20,55 (c) The most recent research on the use of tetrahydrocannabinols.
AB440-SSA1,24 6Section 24 . 100.145 of the statutes is created to read:
AB440-SSA1,20,9 7100.145 Recreational marijuana logotype. The department shall design
8an official logotype appropriate for including on a label affixed to recreational
9marijuana under s. 139.973 (10) (a).
AB440-SSA1,25 10Section 25 . 108.02 (18r) of the statutes is created to read:
AB440-SSA1,20,1111 108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).
AB440-SSA1,26 12Section 26 . 108.04 (5m) of the statutes is created to read:
AB440-SSA1,20,1713 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
14“misconduct," for purposes of sub. (5), does not include the employee's use of
15marijuana off the employer's premises during nonworking hours or a violation of the
16employer's policy concerning such use, unless termination of the employee because
17of that use is permitted under s. 111.35.
AB440-SSA1,20,2118 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
19not include the employee's use of marijuana off the employer's premises during
20nonworking hours or a violation of the employer's policy concerning such use, unless
21termination of the employee because of that use is permitted under s. 111.35.
AB440-SSA1,27 22Section 27 . 111.32 (9m) of the statutes is created to read:
AB440-SSA1,20,2323 111.32 (9m) “Lawful product” includes marijuana.
AB440-SSA1,28 24Section 28 . 111.32 (11m) of the statutes is created to read:
AB440-SSA1,21,4
1111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis,
2whether growing or not; the seeds thereof; the resin extracted from any part of the
3plant; and every compound, manufacture, salt, derivative, mixture, or preparation
4of the plant, its seeds or resin, including tetrahydrocannabinols.
AB440-SSA1,29 5Section 29 . 111.35 (2) (e) of the statutes is amended to read:
AB440-SSA1,21,86 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
7This paragraph does not apply with respect to violations concerning marijuana or
8tetrahydrocannabinols under 21 USC 841 to 865.
AB440-SSA1,30 9Section 30 . 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
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