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AB393-ASA4,23,117 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
8“misconduct," for purposes of sub. (5), does not include a qualifying patient's use of
9marijuana off the employer's premises during nonworking hours or a violation of the
10employer's policy concerning such use, unless termination of the qualifying patient
11because of that use is permitted under s. 111.35.
AB393-ASA4,23,1612 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
13not include a qualifying patient's use of marijuana off the employer's premises
14during nonworking hours or a violation of the employer's policy concerning such use,
15unless termination of the qualifying patient because of that use is permitted under
16s. 111.35.
AB393-ASA4,28 17Section 28. 108.133 (1) (em) of the statutes is created to read:
AB393-ASA4,23,2118 108.133 (1) (em) “Unlawful use of a controlled substance” does not include the
19use, by a qualifying patient, of tetrahydrocannabinols, commonly known as “THC,"
20in any form, including tetrahydrocannabinols contained in marijuana, obtained
21from marijuana, or chemically synthesized.
AB393-ASA4,29 22Section 29 . 111.32 (9m) of the statutes is created to read:
AB393-ASA4,23,2423 111.32 (9m) “Lawful product” includes marijuana, if used by a qualifying
24patient, as defined under s. 73.17 (1) (d).
AB393-ASA4,30 25Section 30 . 111.32 (11m) of the statutes is created to read:
AB393-ASA4,24,4
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.
AB393-ASA4,31 5Section 31 . 111.35 (2) (e) of the statutes is amended to read:
AB393-ASA4,24,86 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
7This paragraph does not apply with respect to violations by a qualifying patient
8concerning marijuana or tetrahydrocannabinols under 21 USC 841 to 865.
AB393-ASA4,32 9Section 32 . 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
AB393-ASA4,24,1610 114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
11order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
12assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
13examination of the person's use of alcohol, tetrahydrocannabinols, controlled
14substances, or controlled substance analogs and development of an airman safety
15plan for the person. The court shall notify the person, the department, and the proper
16federal agency of the assessment order. The assessment order shall:
AB393-ASA4,33 17Section 33 . 114.09 (2) (bm) 4. of the statutes is amended to read:
AB393-ASA4,25,318 114.09 (2) (bm) 4. The assessment report shall order compliance with an
19airman safety plan. The report shall inform the person of the fee provisions under
20s. 46.03 (18) (f). The safety plan may include a component that makes the person
21aware of the effect of his or her offense on a victim and a victim's family. The safety
22plan may include treatment for the person's misuse, abuse, or dependence on alcohol,
23tetrahydrocannabinols, controlled substances, or controlled substance analogs. If
24the plan requires inpatient treatment, the treatment shall not exceed 30 days. An
25airman safety plan under this paragraph shall include a termination date consistent

1with the plan that shall not extend beyond one year. The county department under
2s. 51.42 shall assure notification of the department of transportation and the person
3of the person's compliance or noncompliance with assessment and treatment.
AB393-ASA4,34 4Section 34 . 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
5amended to read:
AB393-ASA4,25,156 115.35 (1) (a) (intro.) A critical health problems education program is
7established in the department. The program shall be a systematic and integrated
8program designed to provide appropriate learning experiences based on scientific
9knowledge of the human organism as it functions within its environment and
10designed to favorably influence the health, understanding, attitudes and practices
11of the individual child which will enable him or her to adapt to changing health
12problems of our society. The program shall be designed to educate youth with regard
13to critical health problems and shall include, but not be limited to, the following
14topics as the basis for comprehensive education curricula in all elementary and
15secondary schools: controlled
AB393-ASA4,25,17 161. Controlled substances, as defined in s. 961.01 (4); controlled substance
17analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.
AB393-ASA4,25,18 182. Mental health; sexually.
AB393-ASA4,25,20 193. Sexually transmitted diseases, including acquired immunodeficiency
20syndrome; human.
AB393-ASA4,25,21 214. Human growth and development; and.
AB393-ASA4,25,22 225. Other related health and safety topics as determined by the department.
AB393-ASA4,25,25 23(b) Participation in the human growth and development topic of the curricula
24described in par. (a) shall be entirely voluntary. The department may not require a
25school board to use a specific human growth and development curriculum.
AB393-ASA4,35
1Section 35. Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
2created to read:
AB393-ASA4,26,33 chapter 139
AB393-ASA4,26,44 subchapter Iv
AB393-ASA4,26,55 marijuana tax and regulation
AB393-ASA4,26,6 6139.97 Definitions. In this subchapter:
AB393-ASA4,26,7 7(1) “Department" means the department of revenue.
AB393-ASA4,26,10 8(2) “Lot" means a definite quantity of marijuana or usable marijuana identified
9by a lot number, every portion or package of which is consistent with the factors that
10appear in the labeling.
AB393-ASA4,26,12 11(3) “Lot number" means a number that specifies the person who holds a valid
12permit under this subchapter and the harvesting or processing date for each lot.
AB393-ASA4,26,13 13(4) “Marijuana" has the meaning given in s. 961.70 (2).
AB393-ASA4,26,17 14(5) “Marijuana distributor” means a person in this state who purchases or
15receives usable marijuana from a marijuana processor and who sells or otherwise
16transfers the usable marijuana to a marijuana retailer or operator of a marijuana
17lounge for the purpose of resale to qualifying patients.
AB393-ASA4,26,20 18(5m) “Marijuana lounge” means a location for the retail sale of usable
19marijuana to qualifying patients for consumption, by those qualifying patients, on
20the premises.
AB393-ASA4,26,24 21(6) “Marijuana processor" means a person in this state who processes
22marijuana into usable marijuana, packages and labels usable marijuana for sale in
23retail outlets, and sells at wholesale or otherwise transfers usable marijuana to
24marijuana distributors.
AB393-ASA4,27,2
1(7) “Marijuana producer" means a person in this state who produces marijuana
2and sells it at wholesale or otherwise transfers it to marijuana processors.
AB393-ASA4,27,4 3(8) “Marijuana retailer" means a person in this state that sells usable
4marijuana at a retail outlet other than a marijuana lounge.
AB393-ASA4,27,7 5(9) “Microbusiness” means a marijuana producer that produces marijuana in
6one area that is less than 10,000 square feet and who also operates as any 2 of the
7following:
AB393-ASA4,27,88 (a) A marijuana processor.
AB393-ASA4,27,99 (b) A marijuana distributor.
AB393-ASA4,27,1010 (c) A marijuana retailer.
AB393-ASA4,27,13 11(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
12distributor, marijuana retailer, microbusiness, or operator of a marijuana lounge
13that is issued a permit under s. 139.972.
AB393-ASA4,27,14 14(10m) “Qualifying patient" has the meaning given in s. 73.17 (1) (d).
AB393-ASA4,27,16 15(11) “Retail outlet" means a location for the retail sale of usable marijuana to
16qualifying patients.
AB393-ASA4,27,17 17(12) “Sales price" has the meaning given in s. 77.51 (15b).
AB393-ASA4,27,20 18(13) “Usable marijuana" means marijuana that has been processed for human
19consumption and includes dried marijuana flowers, marijuana-infused products,
20and marijuana edibles.
AB393-ASA4,27,25 21139.971 Marijuana tax. (1) An excise tax is imposed on a marijuana producer
22at the rate of 15 percent of the sales price on each wholesale sale or transfer in this
23state of marijuana to a marijuana processor. This paragraph applies to a
24microbusiness that transfers marijuana to a processing operation within the
25microbusiness.
AB393-ASA4,28,4
1(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
2to the department no later than the 15th day of the month following the month in
3which the person's tax liability is incurred and shall include with the payment a
4return on a form prescribed by the department.
AB393-ASA4,28,10 5(3) For purposes of this section, a marijuana producer may not sell marijuana
6directly to a marijuana distributor, marijuana retailer, or operator of a marijuana
7lounge, and a marijuana retailer or operator of a marijuana lounge may purchase
8usable marijuana for resale only from a marijuana distributor. This subsection does
9not apply to a microbusiness that transfers marijuana or usable marijuana to
10another operation with the microbusiness.
AB393-ASA4,28,17 11139.972 Permits required. (1) (a) No person may operate in this state as a
12marijuana producer, marijuana processor, marijuana distributor, marijuana
13retailer, microbusiness, or operator of a marijuana lounge without first filing an
14application for and obtaining the proper permit from the department to perform such
15operations. In addition, no person may operate in this state as a marijuana producer
16or marijuana processor without first filing an application for and obtaining the
17proper permit under s. 94.56.
AB393-ASA4,28,2018 (b) This section applies to all officers, directors, agents, and stockholders
19holding 5 percent or more of the stock of any corporation applying for a permit under
20this section.
AB393-ASA4,28,2221 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
22not be granted to any person to whom any of the following applies:
AB393-ASA4,28,2423 1. The person has been convicted of a violent misdemeanor, as defined in s.
24941.29 (1g) (b), at least 3 times.
AB393-ASA4,29,2
12. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
2(a), unless pardoned.
AB393-ASA4,29,43 3. During the preceding 3 years, the person has been committed under s. 51.20
4for being drug dependent.
AB393-ASA4,29,95 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:
AB393-ASA4,29,1110 a. The person has been committed for involuntary treatment under s. 51.45
11(13).
AB393-ASA4,29,1212 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB393-ASA4,29,2213 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.
AB393-ASA4,29,2423 5. The person has income that comes principally from gambling or has been
24convicted of 2 or more gambling offenses.
AB393-ASA4,29,2525 6. The person has been convicted of crimes relating to prostitution.
AB393-ASA4,30,2
17. The person has been convicted of of crimes relating to loaning money or
2anything of value to persons holding licenses or permits pursuant to ch. 125.
AB393-ASA4,30,33 8. The person is under the age of 21.
AB393-ASA4,30,54 9. The person has not been a resident of this state continuously for at least 90
5days prior to the application date.
AB393-ASA4,30,136 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
7employees may not receive a permit under this section to operate as a marijuana
8distributor or marijuana retailer unless the applicant certifies to the department
9that the applicant has entered into a labor peace agreement, as defined in s. 94.56
10(1) (a), and will abide by the terms of the agreement as a condition of maintaining
11a valid permit under this section. The applicant shall submit to the department a
12copy of the page of the labor peace agreement that contains the signatures of the
13labor organization representative and the applicant.
AB393-ASA4,31,214 (cn) The department shall use a competitive scoring system to determine which
15applicants are eligible to receive a permit under this section. The department shall
16issue permits to the highest scoring applicants that it determines will best protect
17the environment; provide stable, family-supporting jobs to local residents; ensure
18worker and consumer safety; operate secure facilities; and uphold the laws of the
19jurisdictions in which they operate. The department shall, using criteria established
20by rule, score an applicant for a permit to operate as a marijuana retailer or as an
21operator of a marijuana lounge on the applicant's ability to articulate a social equity
22plan related to the operation of a marijuana retail establishment. The department
23may deny a permit to an applicant with a low score as determined under this
24paragraph. The department may request that the applicant provide any information

1or documentation that the department deems necessary for purposes of making a
2determination under this paragraph.
AB393-ASA4,31,63 (cs) A permit under this section for an operator of a marijuana lounge may
4authorize the operation of a marijuana lounge only in a municipality or county that
5has enacted an ordinance authorizing the establishment of marijuana lounges in the
6municipality or county.
AB393-ASA4,31,97 (ct) No marijuana retailer or operator of a marijuana lounge may hold a permit
8or license to sell alcohol, tobacco products, or cigarettes on the premises of the retail
9operation or lounge.
AB393-ASA4,31,1710 (d) 1. Before the department issues a new or renewed permit under this section,
11the department shall give notice of the permit application to the governing body of
12the municipality where the permit applicant intends to operate the premises of a
13marijuana producer, marijuana processor, marijuana distributor, marijuana
14retailer, microbusiness, or marijuana lounge. No later than 30 days after the
15department submits the notice, the governing body of the municipality may file with
16the department a written objection to granting or renewing the permit. At the
17municipality's request, the department may extend the period for filing objections.
AB393-ASA4,32,618 2. A written objection filed under subd. 1. shall provide all the facts on which
19the objection is based. In determining whether to grant or deny a permit for which
20an objection has been filed under this paragraph, the department shall give
21substantial weight to objections from a municipality based on chronic illegal activity
22associated with the premises for which the applicant seeks a permit or the premises
23of any other operation in this state for which the applicant holds or has held a valid
24permit or license, the conduct of the applicant's patrons inside or outside the
25premises of any other operation in this state for which the applicant holds or has held

1a valid permit or license, and local zoning ordinances. In this subdivision, “chronic
2illegal activity" means a pervasive pattern of activity that threatens the public
3health, safety, and welfare of the municipality, including any crime or ordinance
4violation, and that is documented in crime statistics, police reports, emergency
5medical response data, calls for service, field data, or similar law enforcement agency
6records.
AB393-ASA4,32,117 (e) After denying a permit, the department shall immediately notify the
8applicant in writing of the denial and the reasons for the denial. After making a
9decision to grant or deny a permit for which a municipality has filed an objection
10under par. (d), the department shall immediately notify the governing body of the
11municipality in writing of its decision and the reasons for the decision.
AB393-ASA4,32,1312 (f) 1. The department's denial of a permit under this section is subject to judicial
13review under ch. 227.
AB393-ASA4,32,1514 2. The department's decision to grant a permit under this section regardless of
15an objection filed under par. (d) is subject to judicial review under ch. 227.
AB393-ASA4,32,1716 (g) The department may not issue a permit under this section to any person who
17does not hold a valid certificate under s. 73.03 (50).
AB393-ASA4,32,24 18(2) Each person who applies for a permit under this section shall submit with
19the application a $250 fee. Each person who is granted a permit under this section
20shall annually pay to the department a $2,000 fee for as long as the person holds a
21valid permit under this section. A permit issued under this section is valid for one
22year and may be renewed, except that the department may revoke or suspend a
23permit prior to its expiration. A person is not entitled to a refund of the fees paid
24under this subsection if the person's permit is denied, revoked, or suspended.
AB393-ASA4,33,4
1(3) The department may not issue a permit under this section to operate any
2premises which are within 500 feet of the perimeter of the grounds of any elementary
3or secondary school, playground, recreation facility, child care facility, public park,
4public transit facility, or library.
AB393-ASA4,33,19 5(4) Under this section, a separate permit is required for and issued to each class
6of permittee, and the permit holder may perform only the operations authorized by
7the permit. A permit issued under this section is not transferable from one person
8to another or from one premises to another. A separate permit is required for each
9place in this state where the operations of a marijuana producer, marijuana
10processor, marijuana distributor, marijuana retailer, operator of a marijuana lounge,
11or microbusiness occur, including each retail outlet. No person who has been issued
12a permit to operate as a marijuana retailer or operator of a marijuana lounge, or who
13has any direct or indirect financial interest in the operation of a marijuana retailer
14or operator of a marijuana lounge, shall be issued a permit to operate as a marijuana
15producer, marijuana processor, or marijuana distributor. A person who has been
16issued a permit to operate as a microbusiness is not required to hold separate permits
17to operate as a marijuana processor, marijuana distributor, or marijuana retailer,
18but shall specify on the person's application for a microbusiness permit the activities
19that the person will be engaged in as a microbusiness.
AB393-ASA4,33,21 20(5) Each person issued a permit under this section shall post the permit in a
21conspicuous place on the premises to which the permit relates.
AB393-ASA4,33,23 22139.973 Regulation. (1) (a) No permittee may employ an individual who is
23under the age of 21 to work in the business to which the permit relates.
AB393-ASA4,34,3
1(b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an
2individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the
3individual.
AB393-ASA4,34,6 4(2) A retail outlet other than a marijuana lounge shall sell no products or
5services other than usable marijuana or paraphernalia intended for the storage or
6use of usable marijuana.
AB393-ASA4,34,11 7(3) No marijuana retailer or operator of a marijuana lounge may allow a person
8who is under the age of 21 to enter or be on the premises of a retail outlet in violation
9of s. 961.71 (2m), unless that person is a qualifying patient, as defined in s. 73.17 (1)
10(d), who is accompanied by his or her parent, guardian, or spouse who has attained
11the legal age.
AB393-ASA4,34,13 12(4) The maximum amount of usable marijuana that a retail outlet may sell to
13an individual qualifying patient in a single transaction may not exceed 5 ounces.
AB393-ASA4,34,16 14(4m) A marijuana retailer or operator of a marijuana lounge may not collect,
15retain, or distribute personal information regarding the retailer's or operator's
16customers except that which is necessary to complete a sale of usable marijuana.
AB393-ASA4,34,20 17(5) No marijuana retailer may display any signage in a window, on a door, or
18on the outside of the premises of a retail outlet that is visible to the general public
19from a public right-of-way, other than a single sign that is no larger than 1,600
20square inches identifying the retail outlet by the permittee's business or trade name.
AB393-ASA4,34,23 21(6) No marijuana retailer or operator of a marijuana lounge may display usable
22marijuana in a manner that is visible to the general public from a public
23right-of-way.
AB393-ASA4,34,25 24(7) No marijuana retailer or employee of a retail outlet may consume, or allow
25to be consumed, any usable marijuana on the premises of the retail outlet.
AB393-ASA4,35,2
1(7m) A marijuana retailer or operator of a marijuana lounge may operate a
2retail outlet only between the hours of 8 a.m. and 8 p.m.
AB393-ASA4,35,6 3(8) Except as provided under sub. (5), no marijuana producer, marijuana
4processor, marijuana distributor, marijuana retailer, operator of a marijuana lounge,
5or microbusiness may place or maintain, or cause to be placed or maintained, an
6advertisement of usable marijuana in any form or through any medium.
AB393-ASA4,35,15 7(9) (a) On a schedule determined by the department, every marijuana
8producer, marijuana processor, or microbusiness shall submit representative
9samples of the marijuana and usable marijuana produced or processed by the
10marijuana producer, marijuana processor, or microbusiness to a testing laboratory
11registered under s. 94.57 for testing marijuana and usable marijuana in order to
12certify that the marijuana and usable marijuana comply with standards prescribed
13by the department by rule, including testing for potency and for mold, fungus,
14pesticides, and other contaminants. The laboratory testing the sample shall destroy
15any part of the sample that remains after the testing.
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