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SB440-SSA1,14,4
13. Provides the labor organization access at reasonable times to areas in which
2the applicant's employees work for the purpose of meeting with employees to discuss
3their right to representation, employment rights under state law, and terms and
4conditions of employment.
SB440-SSA1,14,55 (b) “Marijuana" has the meaning given in s. 961.70 (3).
SB440-SSA1,14,66 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
SB440-SSA1,14,77 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).
SB440-SSA1,14,88 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
SB440-SSA1,14,109 (f) “Permittee” means a marijuana producer or marijuana processor who is
10issued a permit under this section.
SB440-SSA1,14,16 11(2) Permit required. (a) No person may operate in this state as a marijuana
12producer or marijuana processor without a permit from the department. A person
13who acts as a marijuana producer and a marijuana processor shall obtain a separate
14permit for each activity. A person is not required to obtain a permit under this section
15if the person produces or processes only industrial hemp and holds a valid license
16under s. 94.55.
SB440-SSA1,14,1817 (b) This subsection applies to any of the following if they hold 5 percent or more
18of the stock of any corporation applying for a permit under this section
SB440-SSA1,14,1919 1. Officers of the corporation.
SB440-SSA1,14,2020 2. Directors of the corporation.
SB440-SSA1,14,2121 3. Agents of the corporation.
SB440-SSA1,14,2222 4. Stockholders of the corporation.
SB440-SSA1,14,2423 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
24not be granted to any person to whom any of the following applies:
SB440-SSA1,15,2
11. The person has been convicted of a violent misdemeanor, as defined in s.
2941.29 (1g) (b), at least 3 times.
SB440-SSA1,15,43 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
4(a), unless pardoned.
SB440-SSA1,15,65 3. During the preceding 3 years, the person has been committed under s. 51.20
6for being drug dependent.
SB440-SSA1,15,117 4. The person chronically and habitually uses alcohol beverages or other
8substances to the extent that his or her normal faculties are impaired. A person is
9presumed to chronically and habitually use alcohol beverages or other substances to
10the extent that his or her normal faculties are impaired if, within the preceding 3
11years, any of the following applies:
SB440-SSA1,15,1312 a. The person has been committed for involuntary treatment under s. 51.45
13(13).
SB440-SSA1,15,1414 b. The person has been convicted of a violation of s. 941.20 (1) (b).
SB440-SSA1,15,2415 c. In 2 or more cases arising out of separate incidents, a court has found the
16person to have committed a violation of s. 346.63 or a local ordinance in conformity
17with that section; a violation of a law of a federally recognized American Indian tribe
18or band in this state in conformity with s. 346.63; or a violation of the law of another
19jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
20intoxicated, while under the influence of a controlled substance, a controlled
21substance analog, or a combination thereof, with an excess or specified range of
22alcohol concentration, or while under the influence of any drug to a degree that
23renders the person incapable of safely driving, as those or substantially similar
24terms are used in that jurisdiction's laws.
SB440-SSA1,16,2
15. The person has income that comes principally from gambling or has been
2convicted of 2 or more gambling offenses.
SB440-SSA1,16,33 6. The person has been convicted of crimes relating to prostitution.
SB440-SSA1,16,54 7. The person has been convicted of crimes relating to loaning money or
5anything of value to persons holding licenses or permits pursuant to ch. 125.
SB440-SSA1,16,66 8. The person is under the age of 21.
SB440-SSA1,16,87 9. The person has not been a resident of this state continuously for at least 90
8days prior to the application date.
SB440-SSA1,16,159 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
10employees may not receive a permit under this section unless the applicant certifies
11to the department that the applicant has entered into a labor peace agreement and
12will abide by the terms of the agreement as a condition of maintaining a valid permit
13under this section. The applicant shall submit to the department a copy of the page
14of the labor peace agreement that contains the signatures of the union representative
15and the applicant.
SB440-SSA1,16,2516 (cn) The department shall use a competitive scoring system to determine which
17applicants are eligible to receive a permit under this section. The department shall
18issue permits to the highest scoring applicants that it determines will best protect
19the environment; provide stable, family-supporting jobs to local residents; ensure
20worker and consumer safety; operate secure facilities; and uphold the laws of the
21jurisdictions in which they operate. The department may deny a permit to an
22applicant with a low score as determined under this paragraph. The department
23may request that the applicant provide any information or documentation that the
24department deems necessary for purposes of making a determination under this
25paragraph.
SB440-SSA1,17,7
1(d) 1. Before the department issues a new or renewed permit under this section,
2the department shall give notice of the permit application to the governing body of
3the municipality where the permit applicant intends to operate the premises of a
4marijuana producer or marijuana processor. No later than 30 days after the
5department submits the notice, the governing body of the municipality may file with
6the department a written objection to granting or renewing the permit. At the
7municipality's request, the department may extend the period for filing objections.
SB440-SSA1,17,218 2. A written objection filed under subd. 1. shall provide all the facts on which
9the objection is based. In determining whether to grant or deny a permit for which
10an objection has been filed under this paragraph, the department shall give
11substantial weight to objections from a municipality based on chronic illegal activity
12associated with the premises for which the applicant seeks a permit or the premises
13of any other operation in this state for which the applicant holds or has held a valid
14permit or license, the conduct of the applicant's patrons inside or outside the
15premises of any other operation in this state for which the applicant holds or has held
16a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
17illegal activity" means a pervasive pattern of activity that threatens the public
18health, safety, and welfare of the municipality, including any crime or ordinance
19violation, and that is documented in crime statistics, police reports, emergency
20medical response data, calls for service, field data, or similar law enforcement agency
21records.
SB440-SSA1,18,222 (e) After denying a permit, the department shall immediately notify the
23applicant in writing of the denial and the reasons for the denial. After making a
24decision to grant or deny a permit for which a municipality has filed an objection

1under par. (d), the department shall immediately notify the governing body of the
2municipality in writing of its decision and the reasons for the decision.
SB440-SSA1,18,43 (f) 1. The department's denial of a permit under this section is subject to judicial
4review under ch. 227.
SB440-SSA1,18,65 2. The department's decision to grant a permit under this section regardless of
6an objection filed under par. (d) is subject to judicial review under ch. 227.
SB440-SSA1,18,87 (g) The department shall not issue a permit under this section to any person
8who does not hold a valid certificate under s. 73.03 (50).
SB440-SSA1,18,14 9(3) Fees; term. (a) Each person who applies for a permit under this section
10shall submit with the application a $250 fee. A permit issued under this section is
11valid for one year and may be renewed, except that the department may revoke or
12suspend a permit prior to its expiration. A person is not entitled to a refund of the
13fees paid under this subsection if the person's permit is denied, revoked, or
14suspended.
SB440-SSA1,18,1815 (b) A permittee shall annually pay to the department a fee for as long as the
16person holds a valid permit under this section. The annual fee for a marijuana
17processor permittee is $2,000. The annual fee for a marijuana producer permittee
18is one of the following, unless the department, by rule, establishes a higher amount:
SB440-SSA1,18,2019 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
20marijuana plants, $1,800.
SB440-SSA1,18,2221 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
22not more than 3,600 marijuana plants, $2,900.
SB440-SSA1,18,2423 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
24not more than 6,000 marijuana plants, $3,600.
SB440-SSA1,19,2
14. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
2not more than 10,200 marijuana plants, $5,100.
SB440-SSA1,19,43 5. If the permittee plants, grows, cultivates, or harvests more than 10,200
4marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
SB440-SSA1,19,7 5(4) Schools. The department may not issue a permit under this section to
6operate as a marijuana producer within 500 feet of the perimeter of the grounds of
7any elementary or secondary school.
SB440-SSA1,19,15 8(5) Education and awareness campaign. The department shall develop and
9make available training programs for marijuana producers on how to safely and
10efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for
11marijuana processors on how to safely and efficiently produce and handle marijuana
12products and test marijuana for contaminants. The department shall conduct an
13awareness campaign to inform potential marijuana producers and marijuana
14processors of the availability and viability of marijuana as a crop or product in this
15state.
SB440-SSA1,19,20 16(6) Rules. The department shall promulgate rules necessary to administer and
17enforce this section, including rules relating to the inspection of the plants, facilities,
18and products of permittees; training requirements for employees of permittees; and
19the competitive scoring system for determining which applicants are eligible to
20receive a permit under this section.
SB440-SSA1,19,24 21(7) Penalties. (a) Any person who violates sub. (2), fails to pay the required
22fee under sub. (3), or violates any of the requirements established by the rules
23promulgated under sub. (6) shall be fined not less than $100 nor more than $500 or
24imprisoned not more than 6 months or both.
SB440-SSA1,20,4
1(b) In addition to the penalties imposed under par. (a), the department shall
2revoke the permit of any person convicted of any violation described under par. (a)
3and not issue another permit to that person for a period of 2 years following the
4revocation.
SB440-SSA1,23 5Section 23. 94.57 of the statutes is created to read:
SB440-SSA1,20,9 694.57 Testing laboratories. The department shall register entities as
7tetrahydrocannabinols testing laboratories. The laboratories may possess or
8manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
9following services:
SB440-SSA1,20,11 10(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
11potency and for mold, fungus, pesticides, and other contaminants.
SB440-SSA1,20,14 12(2) Collect information on research findings and conduct research related to
13the medical use of tetrahydrocannabinols, including research that identifies
14potentially unsafe levels of contaminants.
SB440-SSA1,20,15 15(3) Provide training on the following:
SB440-SSA1,20,1716 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and
17distribution of marijuana for the medical use of tetrahydrocannabinols.
SB440-SSA1,20,1818 (b) Security and inventory accountability procedures.
SB440-SSA1,20,1919 (c) The most recent research on the use of tetrahydrocannabinols.
SB440-SSA1,24 20Section 24 . 100.145 of the statutes is created to read:
SB440-SSA1,20,23 21100.145 Recreational marijuana logotype. The department shall design
22an official logotype appropriate for including on a label affixed to recreational
23marijuana under s. 139.973 (10) (a).
SB440-SSA1,25 24Section 25 . 108.02 (18r) of the statutes is created to read:
SB440-SSA1,20,2525 108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).
SB440-SSA1,26
1Section 26. 108.04 (5m) of the statutes is created to read:
SB440-SSA1,21,62 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
3“misconduct," for purposes of sub. (5), does not include the employee's use of
4marijuana off the employer's premises during nonworking hours or a violation of the
5employer's policy concerning such use, unless termination of the employee because
6of that use is permitted under s. 111.35.
SB440-SSA1,21,107 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
8not include the employee's use of marijuana off the employer's premises during
9nonworking hours or a violation of the employer's policy concerning such use, unless
10termination of the employee because of that use is permitted under s. 111.35.
SB440-SSA1,27 11Section 27 . 111.32 (9m) of the statutes is created to read:
SB440-SSA1,21,1212 111.32 (9m) “Lawful product” includes marijuana.
SB440-SSA1,28 13Section 28 . 111.32 (11m) of the statutes is created to read:
SB440-SSA1,21,1714 111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis,
15whether growing or not; the seeds thereof; the resin extracted from any part of the
16plant; and every compound, manufacture, salt, derivative, mixture, or preparation
17of the plant, its seeds or resin, including tetrahydrocannabinols.
SB440-SSA1,29 18Section 29 . 111.35 (2) (e) of the statutes is amended to read:
SB440-SSA1,21,2119 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
20This paragraph does not apply with respect to violations concerning marijuana or
21tetrahydrocannabinols under 21 USC 841 to 865.
SB440-SSA1,30 22Section 30 . 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
SB440-SSA1,22,423 114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
24order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
25assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for

1examination of the person's use of alcohol, tetrahydrocannabinols, controlled
2substances, or controlled substance analogs and development of an airman safety
3plan for the person. The court shall notify the person, the department, and the proper
4federal agency of the assessment order. The assessment order shall:
SB440-SSA1,31 5Section 31 . 114.09 (2) (bm) 4. of the statutes is amended to read:
SB440-SSA1,22,166 114.09 (2) (bm) 4. The assessment report shall order compliance with an
7airman safety plan. The report shall inform the person of the fee provisions under
8s. 46.03 (18) (f). The safety plan may include a component that makes the person
9aware of the effect of his or her offense on a victim and a victim's family. The safety
10plan may include treatment for the person's misuse, abuse, or dependence on alcohol,
11tetrahydrocannabinols, controlled substances, or controlled substance analogs. If
12the plan requires inpatient treatment, the treatment shall not exceed 30 days. An
13airman safety plan under this paragraph shall include a termination date consistent
14with the plan that shall not extend beyond one year. The county department under
15s. 51.42 shall assure notification of the department of transportation and the person
16of the person's compliance or noncompliance with assessment and treatment.
SB440-SSA1,32 17Section 32 . 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
18amended to read:
SB440-SSA1,23,319 115.35 (1) (a) (intro.) A critical health problems education program is
20established in the department. The program shall be a systematic and integrated
21program designed to provide appropriate learning experiences based on scientific
22knowledge of the human organism as it functions within its environment and
23designed to favorably influence the health, understanding, attitudes and practices
24of the individual child which will enable him or her to adapt to changing health
25problems of our society. The program shall be designed to educate youth with regard

1to critical health problems and shall include, but not be limited to, the following
2topics as the basis for comprehensive education curricula in all elementary and
3secondary schools: controlled
SB440-SSA1,23,5 41. Controlled substances, as defined in s. 961.01 (4); controlled substance
5analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.
SB440-SSA1,23,6 62. Mental health; sexually.
SB440-SSA1,23,8 73. Sexually transmitted diseases, including acquired immunodeficiency
8syndrome; human.
SB440-SSA1,23,9 94. Human growth and development; and.
SB440-SSA1,23,10 105. Other related health and safety topics as determined by the department.
SB440-SSA1,23,13 11(b) Participation in the human growth and development topic of the curricula
12described in par. (a) shall be entirely voluntary. The department may not require a
13school board to use a specific human growth and development curriculum.
SB440-SSA1,33 14Section 33 . Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
15created to read:
SB440-SSA1,23,1616 chapter 139
SB440-SSA1,23,1717 subchapter Iv
SB440-SSA1,23,1818 marijuana tax and regulation
SB440-SSA1,23,19 19139.97 Definitions. In this subchapter:
SB440-SSA1,23,20 20(1) “Department" means the department of revenue.
SB440-SSA1,23,23 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.
SB440-SSA1,23,25 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.
SB440-SSA1,24,1
1(4) “Marijuana" has the meaning given in s. 961.70 (3).
SB440-SSA1,24,5 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 for the purpose of resale to
5consumers.
SB440-SSA1,24,9 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, and sells at wholesale or otherwise transfers usable marijuana to
9marijuana distributors.
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