AB50-ASA2-AA18,9,22(e) “Usable marijuana” has the meaning given in s. 139.97 (13). AB50-ASA2-AA18,9,43(f) “Permittee” means a marijuana producer or marijuana processor that is 4issued a permit under this section. AB50-ASA2-AA18,9,135(2) Permit required. (a) No person may operate in this state as a marijuana 6producer or marijuana processor without a permit from the department. A person 7that acts as a marijuana producer and a marijuana processor shall obtain a 8separate permit for each activity. A permit issued under this section is not 9transferable from one person to another or from one premises to another. A 10separate permit is required for each place in this state where the operations of a 11marijuana producer or marijuana processor occur. A person is not required to 12obtain a permit under this section if the person produces or processes only 13industrial hemp and holds a valid license under s. 94.55. AB50-ASA2-AA18,9,1614(b) This subsection applies to all officers, directors, agents, and stockholders 15holding 5 percent or more of the stock of any corporation applying for a permit 16under this section. AB50-ASA2-AA18,9,1817(c) Subject to ss. 111.321, 111.322, and 111.335, the department may not issue 18a permit under this section to any person to which any of the following applies: AB50-ASA2-AA18,9,20191. The person has been convicted of a violent misdemeanor, as defined in s. 20941.29 (1g) (b), at least 3 times. AB50-ASA2-AA18,9,22212. The person has been convicted of a violent felony, as defined in s. 941.29 22(1g) (a), unless pardoned. AB50-ASA2-AA18,10,2
13. During the preceding 3 years, the person has been committed under s. 251.20 for being drug dependent. AB50-ASA2-AA18,10,734. The person chronically and habitually uses alcohol beverages or other 4substances to the extent that their normal faculties are impaired. A person is 5presumed to chronically and habitually use alcohol beverages or other substances to 6the extent that their normal faculties are impaired if, within the preceding 3 years, 7any of the following applies: AB50-ASA2-AA18,10,98a. The person has been committed for involuntary treatment under s. 51.45 9(13). AB50-ASA2-AA18,10,1010b. The person has been convicted of a violation of s. 941.20 (1) (b). AB50-ASA2-AA18,10,2011c. In 2 or more cases arising out of separate incidents, a court has found the 12person to have committed a violation of s. 346.63 or a local ordinance in conformity 13with s. 346.63; a violation of a law of a federally recognized American Indian tribe 14or band in this state in conformity with s. 346.63; or a violation of the law of another 15jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle 16while intoxicated, while under the influence of a controlled substance, a controlled 17substance analog, or a combination thereof, with an excess or specified range of 18alcohol concentration, or while under the influence of any drug to a degree that 19renders the person incapable of safely driving, as those or substantially similar 20terms are used in that jurisdiction’s laws. AB50-ASA2-AA18,10,22215. The person has income that comes principally from gambling or has been 22convicted of 2 or more gambling offenses. AB50-ASA2-AA18,10,23236. The person has been convicted of crimes relating to prostitution. AB50-ASA2-AA18,11,2
17. The person has been convicted of crimes relating to loaning money or 2anything of value to persons holding licenses or permits pursuant to ch. 125. AB50-ASA2-AA18,11,338. The person is under the age of 21. AB50-ASA2-AA18,11,549. The person has not been a resident of this state continuously for at least 90 5days prior to the application date. AB50-ASA2-AA18,11,126(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 10permit under this section. The applicant shall submit to the department a copy of 11the page of the labor peace agreement that contains the signatures of the labor 12organization representative and the applicant. AB50-ASA2-AA18,11,2213(cn) The department shall use a competitive scoring system to determine 14which applicants are eligible to receive a permit under this section. The 15department shall issue permits to the highest scoring applicants that it determines 16will best protect the environment; provide stable, family-supporting jobs to local 17residents; ensure worker and consumer safety; operate secure facilities; and uphold 18the laws of the jurisdictions in which they operate. The department may deny a 19permit to an applicant with a low score as determined under this paragraph. The 20department may request that the applicant provide any information or 21documentation that the department deems necessary for purposes of making a 22determination under this paragraph. AB50-ASA2-AA18,12,723(d) 1. Before the department issues a new or renewed permit under this
1section, the department shall give notice of the permit application to the governing 2body of the municipality where the permit applicant intends to operate the 3premises of a marijuana producer or marijuana processor. No later than 30 days 4after the department submits the notice, the governing body of the municipality 5may file with the department a written objection to granting or renewing the 6permit. At the municipality’s request, the department may extend the period for 7filing objections. AB50-ASA2-AA18,12,2182. 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 12activity associated with the premises for which the applicant seeks a permit or the 13premises of any other operation in this state for which the applicant holds or has 14held a valid permit or license, the conduct of the applicant’s patrons inside or 15outside the premises of any other operation in this state for which the applicant 16holds or has held a valid permit or license, and local zoning ordinances. In this 17subdivision, “chronic illegal activity” means a pervasive pattern of activity that 18threatens the public health, safety, and welfare of the municipality, including any 19crime or ordinance violation, and that is documented in crime statistics, police 20reports, emergency medical response data, calls for service, field data, or similar 21law enforcement agency records. AB50-ASA2-AA18,13,322(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
1decision to grant or deny a permit for which a municipality has filed an objection 2under par. (d), the department shall immediately notify the governing body of the 3municipality in writing of its decision and the reasons for the decision. AB50-ASA2-AA18,13,54(f) 1. The department’s denial of a permit under this section is subject to 5judicial review under ch. 227. AB50-ASA2-AA18,13,762. The department’s decision to grant a permit under this section regardless 7of an objection filed under par. (d) is subject to judicial review under ch. 227. AB50-ASA2-AA18,13,98(g) The department may not issue a permit under this section to any person 9that does not hold a valid certificate under s. 73.03 (50). AB50-ASA2-AA18,13,1510(3) Fees; term. (a) Each person that applies for a permit under this section 11shall submit with the application a $250 fee. A permit issued under this section is 12valid for one year and may be renewed, except that the department may revoke or 13suspend a permit prior to its expiration. A person is not entitled to a refund of the 14fees paid under this subsection if the person’s permit is denied, revoked, or 15suspended. AB50-ASA2-AA18,13,1916(b) A permittee shall annually pay to the department a fee for as long as the 17person holds a valid permit under this section. The annual fee for a marijuana 18processor permittee is $2,000. The annual fee for a marijuana producer permittee 19is one of the following, unless the department, by rule, establishes a higher amount: AB50-ASA2-AA18,13,21201. If the permittee plants, grows, cultivates, or harvests not more than 1,800 21marijuana plants, $1,800. AB50-ASA2-AA18,13,23222. If the permittee plants, grows, cultivates, or harvests more than 1,800 but 23not more than 3,600 marijuana plants, $2,900. AB50-ASA2-AA18,14,2
13. If the permittee plants, grows, cultivates, or harvests more than 3,600 but 2not more than 6,000 marijuana plants, $3,600. AB50-ASA2-AA18,14,434. If the permittee plants, grows, cultivates, or harvests more than 6,000 but 4not more than 10,200 marijuana plants, $5,100. AB50-ASA2-AA18,14,655. If the permittee plants, grows, cultivates, or harvests more than 10,200 6marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200. AB50-ASA2-AA18,14,107(4) Schools. The department may not issue a permit under this section to 8operate any premises that is within 500 feet of the perimeter of the grounds of any 9elementary or secondary school, playground, recreation facility, child care facility, 10public park, public transit facility, or library. AB50-ASA2-AA18,14,1811(5) Education and awareness campaign. The department shall develop 12and make available training programs for marijuana producers on how to safely 13and efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and 14for marijuana processors on how to safely and efficiently produce and handle 15marijuana products and test marijuana for contaminants. The department shall 16conduct an awareness campaign to inform potential marijuana producers and 17marijuana processors of the availability and viability of marijuana as a crop or 18product in this state. AB50-ASA2-AA18,14,2219(6) Rules. The department shall promulgate rules necessary to administer 20and enforce this section, including rules relating to the inspection of the plants, 21facilities, and products of permittees; training requirements for employees of 22permittees; and the competitive scoring system under sub. (2) (cn). AB50-ASA2-AA18,15,423(7) Penalties. (a) Unless another penalty is prescribed for the violation, any
1person that violates sub. (2), fails to pay the required fee under sub. (3), or violates 2any requirement established by the rules promulgated under sub. (6) shall be fined 3not less than $100 nor more than $500 or imprisoned not more than 6 months or 4both. AB50-ASA2-AA18,15,115(b) In addition to the penalties imposed under par. (a), the department shall 6revoke the permit of any person convicted of any violation described under par. (a) 7and may not issue another permit to that person for a period of 2 years following the 8revocation. The department may suspend or revoke the permit of any permittee 9that violates s. 100.30, any provision of this section, or any rules promulgated under 10sub. (6). The department shall revoke the permit of any permittee who violates s. 11100.30 3 or more times within a 5-year period. AB50-ASA2-AA18,15,161394.57 Testing laboratories. The department shall register entities as 14tetrahydrocannabinols testing laboratories. A registered laboratory may possess or 15manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the 16following services: AB50-ASA2-AA18,15,1817(1) Test marijuana produced for the medical use of tetrahydrocannabinols for 18potency and for mold, fungus, pesticides, and other contaminants. AB50-ASA2-AA18,15,2119(2) Collect information on research findings and conduct research related to 20the medical use of tetrahydrocannabinols, including research that identifies 21potentially unsafe levels of contaminants. AB50-ASA2-AA18,15,2222(3) Provide training on the following: AB50-ASA2-AA18,16,2
1(a) The safe and efficient cultivation, harvesting, packaging, labeling, and 2distribution of marijuana for the medical use of tetrahydrocannabinols. AB50-ASA2-AA18,16,33(b) Security and inventory accountability procedures. AB50-ASA2-AA18,16,44(c) The most recent research on the use of tetrahydrocannabinols. AB50-ASA2-AA18,16,86100.145 Recreational marijuana logotype. The department shall design 7an official logotype appropriate for including on a label affixed to recreational 8marijuana under s. 139.973 (10) (a). AB50-ASA2-AA18,16,1110108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 11(11m). AB50-ASA2-AA18,16,1713108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. 14(5), “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 16the employer’s policy concerning such use, unless termination of the employee 17because of that use is permitted under s. 111.35. AB50-ASA2-AA18,16,2118(b) Notwithstanding sub. (5g), “substantial fault,” for purposes of sub. (5g), 19does not 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. AB50-ASA2-AA18,1922Section 19. 108.133 (1) (ar) of the statutes is renumbered 108.133 (1) (ar) 1. 23and amended to read: AB50-ASA2-AA18,17,2
1108.133 (1) (ar) 1. Notwithstanding s. 108.02 (9), “controlled substance” has 2the meaning given in 21 USC 802, except as provided in subd. 2. AB50-ASA2-AA18,203Section 20. 108.133 (1) (ar) 2. of the statutes is created to read: AB50-ASA2-AA18,17,74108.133 (1) (ar) 2. “Controlled substance” does not include 5tetrahydrocannabinols, commonly known as “THC,” in any form including 6tetrahydrocannabinols contained in marijuana, obtained from marijuana, or 7chemically synthesized. AB50-ASA2-AA18,17,99111.32 (9m) “Lawful product” includes marijuana. AB50-ASA2-AA18,17,1411111.32 (11m) “Marijuana” means all parts of the plants of the genus 12Cannabis, whether growing or not; the seeds thereof; the resin extracted from any 13part of the plant; and every compound, manufacture, salt, derivative, mixture, or 14preparation of the plant, its seeds or resin, including tetrahydrocannabinols. AB50-ASA2-AA18,17,1816111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation. 17This paragraph does not apply with respect to violations concerning marijuana or 18tetrahydrocannabinols under 21 USC 841 to 865. AB50-ASA2-AA18,2419Section 24. 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read: AB50-ASA2-AA18,18,220114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court 21shall order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with 22an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) 23for examination of the person’s use of alcohol, tetrahydrocannabinols, controlled 24substances, or controlled substance analogs and development of an airman safety
1plan for the person. The court shall notify the person, the department, and the 2proper federal agency of the assessment order. The assessment order shall: AB50-ASA2-AA18,18,154114.09 (2) (bm) 4. The assessment report shall order compliance with an 5airman safety plan. The report shall inform the person of the fee provisions under 6s. 46.03 (18) (f). The safety plan may include a component that makes the person 7aware of the effect of his or her their offense on a victim and a victim’s family. The 8safety plan may include treatment for the person’s misuse, abuse, or dependence on 9alcohol, tetrahydrocannabinols, controlled substances, or controlled substance 10analogs. If the plan requires inpatient treatment, the treatment shall not exceed 30 11days. An airman safety plan under this paragraph shall include a termination date 12consistent with the plan that shall not extend beyond one year. The county 13department under s. 51.42 shall assure notification of the department of 14transportation and the person of the person’s compliance or noncompliance with 15assessment and treatment. AB50-ASA2-AA18,2616Section 26. 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) 17and amended to read: AB50-ASA2-AA18,19,418115.35 (1) (a) (intro.) A critical health problems education program is 19established in the department. The program shall be a systematic and integrated 20program designed to provide appropriate learning experiences based on scientific 21knowledge of the human organism as it functions within its environment and 22designed to favorably influence the health, understanding, attitudes and practices 23of the individual child which will enable him or her to adapt to changing health
1problems of our society. The program shall be designed to educate youth with 2regard to critical health problems and shall include, but not be limited to, the 3following topics as the basis for comprehensive education curricula in all 4elementary and secondary schools: controlled AB50-ASA2-AA18,19,651. Controlled substances, as defined in s. 961.01 (4); controlled substance 6analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental. AB50-ASA2-AA18,19,772. Mental health; sexually. AB50-ASA2-AA18,19,983. Sexually transmitted diseases, including acquired immunodeficiency 9syndrome; human. AB50-ASA2-AA18,19,10104. Human growth and development; and. AB50-ASA2-AA18,19,11115. Other related health and safety topics as determined by the department. AB50-ASA2-AA18,19,1412(b) Participation in the human growth and development topic of the curricula 13described in par. (a) shall be entirely voluntary. The department may not require a 14school board to use a specific human growth and development curriculum. AB50-ASA2-AA18,2715Section 27. Subchapter IV of chapter 139 [precedes 139.97] of the statutes is 16created to read: AB50-ASA2-AA18,19,1919MARIJUANA TAX AND REGULATION AB50-ASA2-AA18,19,2020139.97 Definitions. In this subchapter: AB50-ASA2-AA18,19,2121(1) “Department” means the department of revenue. AB50-ASA2-AA18,20,222(2) “Lot” means a definite quantity of marijuana or usable marijuana
1identified by a lot number, every portion or package of which is consistent with the 2factors that appear in the labeling. AB50-ASA2-AA18,20,43(3) “Lot number” means a number that specifies the person that holds a valid 4permit under this subchapter and the harvesting or processing date for each lot. AB50-ASA2-AA18,20,55(4) “Marijuana” has the meaning given in s. 961.70 (2). AB50-ASA2-AA18,20,96(5) “Marijuana distributor” means a person in this state that purchases or 7receives usable marijuana from a marijuana processor and that sells or otherwise 8transfers the usable marijuana to a marijuana retailer for the purpose of resale to 9consumers. AB50-ASA2-AA18,20,1310(6) “Marijuana processor” means a person in this state that processes 11marijuana into usable marijuana, packages and labels usable marijuana for sale in 12retail outlets, and sells at wholesale or otherwise transfers usable marijuana to 13marijuana distributors. AB50-ASA2-AA18,20,1614(7) “Marijuana producer” means a person in this state that produces 15marijuana and sells it at wholesale or otherwise transfers it to marijuana 16processors. AB50-ASA2-AA18,20,1817(8) “Marijuana retailer” means a person in this state that sells usable 18marijuana at a retail outlet. AB50-ASA2-AA18,20,2119(9) “Microbusiness” means a marijuana producer that produces marijuana in 20one area that is less than 10,000 square feet and that also operates as any 2 of the 21following: AB50-ASA2-AA18,20,2222(a) A marijuana processor.
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