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. AB50-ASA2-AA18,20,2323(b) A marijuana distributor. AB50-ASA2-AA18,21,1
1(c) A marijuana retailer. AB50-ASA2-AA18,21,42(10) “Permittee” means a marijuana producer, marijuana processor, 3marijuana distributor, marijuana retailer, or microbusiness that is issued a permit 4under s. 139.972. AB50-ASA2-AA18,21,55(11) “Retail outlet” means a location for the retail sale of usable marijuana. AB50-ASA2-AA18,21,66(12) “Sales price” has the meaning given in s. 77.51 (15b). AB50-ASA2-AA18,21,97(13) “Usable marijuana” means marijuana that has been processed for 8human consumption and includes dried marijuana flowers, marijuana-infused 9products, and marijuana edibles. AB50-ASA2-AA18,21,1410139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana 11producer at the rate of 15 percent of the sales price on each wholesale sale or 12transfer in this state of marijuana to a marijuana processor. This paragraph 13applies to a microbusiness that transfers marijuana to a processing operation 14within the microbusiness. AB50-ASA2-AA18,21,1815(b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent of 16the sales price on each retail sale in this state of usable marijuana, except that the 17tax does not apply to sales of usable marijuana to an individual who holds a valid 18tax exemption certificate issued under s. 73.17 (4). AB50-ASA2-AA18,21,2219(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes 20to the department no later than the 15th day of the month following the month in 21which the person’s tax liability is incurred and shall include with the payment a 22return on a form prescribed by the department. AB50-ASA2-AA18,22,423(3) For purposes of this section, a marijuana producer may not sell marijuana
1directly to a marijuana distributor or marijuana retailer, and a marijuana retailer 2may purchase usable marijuana for resale only from a marijuana distributor. This 3subsection does not apply to a microbusiness that transfers marijuana or usable 4marijuana to another operation within the microbusiness. AB50-ASA2-AA18,22,115139.972 Permits required. (1) (a) No person may operate in this state as a 6marijuana producer, marijuana processor, marijuana distributor, marijuana 7retailer, or microbusiness without first filing an application for and obtaining the 8proper permit from the department to perform such operations. In addition, no 9person may operate in this state as a marijuana producer or marijuana processor 10without first filing an application for and obtaining the proper permit under s. 1194.56. AB50-ASA2-AA18,22,1412(b) This section applies to all officers, directors, agents, and stockholders 13holding 5 percent or more of the stock of any corporation applying for a permit 14under this section. AB50-ASA2-AA18,22,1615(c) Subject to ss. 111.321, 111.322, and 111.335, the department may not issue 16a permit under this section to any person to which any of the following applies: AB50-ASA2-AA18,22,18171. The person has been convicted of a violent misdemeanor, as defined in s. 18941.29 (1g) (b), at least 3 times. AB50-ASA2-AA18,22,20192. The person has been convicted of a violent felony, as defined in s. 941.29 20(1g) (a), unless pardoned. AB50-ASA2-AA18,22,22213. During the preceding 3 years, the person has been committed under s. 2251.20 for being drug dependent. AB50-ASA2-AA18,23,4234. The person chronically and habitually uses alcohol beverages or other
1substances to the extent that their normal faculties are impaired. A person is 2presumed to chronically and habitually use alcohol beverages or other substances to 3the extent that their normal faculties are impaired if, within the preceding 3 years, 4any of the following applies: AB50-ASA2-AA18,23,65a. The person has been committed for involuntary treatment under s. 51.45 6(13). AB50-ASA2-AA18,23,77b. The person has been convicted of a violation of s. 941.20 (1) (b). AB50-ASA2-AA18,23,178c. In 2 or more cases arising out of separate incidents, a court has found the 9person to have committed a violation of s. 346.63 or a local ordinance in conformity 10with s. 346.63; a violation of a law of a federally recognized American Indian tribe 11or band in this state in conformity with s. 346.63; or a violation of the law of another 12jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle 13while intoxicated, while under the influence of a controlled substance or a 14controlled substance analog or a combination thereof, with an excess or specified 15range of alcohol concentration, or while under the influence of any drug to a degree 16that renders the person incapable of safely driving, as those or substantially similar 17terms are used in that jurisdiction’s laws. AB50-ASA2-AA18,23,19185. The person has income that comes principally from gambling or has been 19convicted of 2 or more gambling offenses. AB50-ASA2-AA18,23,20206. The person has been convicted of crimes relating to prostitution. AB50-ASA2-AA18,23,22217. The person has been convicted of of crimes relating to loaning money or 22anything of value to persons holding licenses or permits pursuant to ch. 125. AB50-ASA2-AA18,23,23238. The person is under the age of 21. AB50-ASA2-AA18,24,2
19. The person has not been a resident of this state continuously for at least 90 2days prior to the application date. AB50-ASA2-AA18,24,103(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more 4employees may not receive a permit under this section to operate as a marijuana 5distributor or marijuana retailer unless the applicant certifies to the department 6that the applicant has entered into a labor peace agreement, as defined in s. 94.56 7(1) (a), and will abide by the terms of the agreement as a condition of maintaining a 8valid permit under this section. The applicant shall submit to the department a 9copy of the page of the labor peace agreement that contains the signatures of the 10labor organization representative and the applicant. AB50-ASA2-AA18,24,2311(cn) The department shall use a competitive scoring system to determine 12which applicants for a permit to operate as a marijuana retailer are eligible to 13receive that permit under this section. The department shall issue permits to the 14highest scoring applicants that it determines will best protect the environment; 15provide stable, family-supporting jobs to local residents; ensure worker and 16consumer safety; operate secure facilities; and uphold the laws of the jurisdictions 17in which they operate. The department shall, using criteria established by rule, 18score an applicant for a permit to operate as a marijuana retailer on the applicant’s 19ability to articulate a social equity plan related to the operation of a marijuana 20retail establishment. The department may deny a permit to an applicant with a 21low score as determined under this paragraph. The department may request that 22the applicant provide any information or documentation that the department 23deems necessary for purposes of making a determination under this paragraph. AB50-ASA2-AA18,25,8
1(d) 1. Before the department issues a new or renewed permit under this 2section, the department shall give notice of the permit application to the governing 3body of the municipality where the permit applicant intends to operate the 4premises of a marijuana producer, marijuana processor, marijuana distributor, 5marijuana retailer, or microbusiness. No later than 30 days after the department 6submits the notice, the governing body of the municipality may file with the 7department a written objection to granting or renewing the permit. At the 8municipality’s request, the department may extend the period for filing objections. AB50-ASA2-AA18,25,2292. A written objection filed under subd. 1. shall provide all the facts on which 10the objection is based. In determining whether to grant or deny a permit for which 11an objection has been filed under this paragraph, the department shall give 12substantial weight to objections from a municipality based on chronic illegal 13activity associated with the premises for which the applicant seeks a permit or the 14premises of any other operation in this state for which the applicant holds or has 15held a valid permit or license, the conduct of the applicant’s patrons inside or 16outside the premises of any other operation in this state for which the applicant 17holds or has held a valid permit or license, and local zoning ordinances. In this 18subdivision, “chronic illegal activity” means a pervasive pattern of activity that 19threatens the public health, safety, and welfare of the municipality, including any 20crime or ordinance violation, and that is documented in crime statistics, police 21reports, emergency medical response data, calls for service, field data, or similar 22law enforcement agency records. AB50-ASA2-AA18,26,423(e) After denying a permit, the department shall immediately notify the
1applicant in writing of the denial and the reasons for the denial. After making a 2decision to grant or deny a permit for which a municipality has filed an objection 3under par. (d), the department shall immediately notify the governing body of the 4municipality in writing of its decision and the reasons for the decision. AB50-ASA2-AA18,26,65(f) 1. The department’s denial of a permit under this section is subject to 6judicial review under ch. 227. AB50-ASA2-AA18,26,872. The department’s decision to grant a permit under this section regardless 8of an objection filed under par. (d) is subject to judicial review under ch. 227. AB50-ASA2-AA18,26,109(g) The department may not issue a permit under this section to any person 10that does not hold a valid certificate under s. 73.03 (50). AB50-ASA2-AA18,26,1711(2) Each person that applies for a permit under this section shall submit with 12the application a $250 fee. Each person that is granted a permit under this section 13shall annually pay to the department a $2,000 fee for as long as the person holds a 14valid permit under this section. A permit issued under this section is valid for one 15year and may be renewed, except that the department may revoke or suspend a 16permit prior to its expiration. A person is not entitled to a refund of the fees paid 17under this subsection if the person’s permit is denied, revoked, or suspended. AB50-ASA2-AA18,26,2118(3) The department may not issue a permit under this section to operate any 19premises that is within 500 feet of the perimeter of the grounds of any elementary 20or secondary school, playground, recreation facility, child care facility, public park, 21public transit facility, or library. AB50-ASA2-AA18,27,1222(4) Under this section, a separate permit is required for and issued to each 23class of permittee, and the permit holder may perform only the operations
1authorized by the permit. A permit issued under this section is not transferable 2from one person to another or from one premises to another. A separate permit is 3required for each place in this state where the operations of a marijuana producer, 4marijuana processor, marijuana distributor, marijuana retailer, or microbusiness 5occur, including each retail outlet. No person that has been issued a permit to 6operate as a marijuana retailer, or that has any direct or indirect financial interest 7in the operation of a marijuana retailer, shall be issued a permit to operate as a 8marijuana producer, marijuana processor, or marijuana distributor. A person that 9has been issued a permit to operate as a microbusiness is not required to hold 10separate permits to operate as a marijuana processor, marijuana distributor, or 11marijuana retailer, but shall specify on the person’s application for a microbusiness 12permit the activities that the person will be engaged in as a microbusiness. AB50-ASA2-AA18,27,1413(5) Each person issued a permit under this section shall post the permit in a 14conspicuous place on the premises to which the permit relates. AB50-ASA2-AA18,27,1615139.973 Regulation. (1) (a) No permittee may employ an individual who is 16under the age of 21 to work in the business to which the permit relates. AB50-ASA2-AA18,27,1917(b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an 18individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the 19individual. AB50-ASA2-AA18,27,2120(2) A retail outlet shall sell no products or services other than usable 21marijuana or paraphernalia intended for the storage or use of usable marijuana. AB50-ASA2-AA18,28,222(3) No marijuana retailer may allow a person who is under the age of 21 to
1enter or be on the premises of a retail outlet in violation of s. 961.71 (2m), unless 2that person is a qualifying patient, as defined in s. 73.17 (1) (d). AB50-ASA2-AA18,28,53(4) The maximum amount of usable marijuana that a retail outlet may sell to 4an individual consumer in a single transaction may not exceed a permissible 5amount, as defined in s. 961.70 (3). AB50-ASA2-AA18,28,86(4m) A marijuana retailer may not collect, retain, or distribute personal 7information regarding the retailer’s customers except that which is necessary to 8complete a sale of usable marijuana. AB50-ASA2-AA18,28,139(5) No marijuana retailer may display any signage in a window, on a door, or 10on the outside of the premises of a retail outlet that is visible to the general public 11from a public right-of-way, other than a single sign that is no larger than 1,600 12square inches identifying the retail outlet by the permittee’s business or trade 13name. AB50-ASA2-AA18,28,1514(6) No marijuana retailer may display usable marijuana in a manner that is 15visible to the general public from a public right-of-way. AB50-ASA2-AA18,28,1716(7) No marijuana retailer or employee of a retail outlet may consume, or allow 17to be consumed, any usable marijuana on the premises of the retail outlet. AB50-ASA2-AA18,28,1918(7m) A marijuana retailer may operate a retail outlet only between the hours 19of 8 a.m. and 8 p.m. AB50-ASA2-AA18,28,2320(8) Except as provided under sub. (5), no marijuana producer, marijuana 21processor, marijuana distributor, marijuana retailer, or microbusiness may place or 22maintain, or cause to be placed or maintained, an advertisement of usable 23marijuana in any form or through any medium. AB50-ASA2-AA18,29,9
1(9) (a) On a schedule determined by the department, every marijuana 2producer, marijuana processor, and microbusiness shall submit representative 3samples of the marijuana and usable marijuana produced or processed by the 4marijuana producer, marijuana processor, or microbusiness to a testing laboratory 5registered under s. 94.57 for testing marijuana and usable marijuana in order to 6certify that the marijuana and usable marijuana comply with standards prescribed 7by the department by rule, including testing for potency and for mold, fungus, 8pesticides, and other contaminants. The laboratory testing the sample shall 9destroy any part of the sample that remains after the testing. AB50-ASA2-AA18,29,1210(b) Each marijuana producer, marijuana processor, and microbusiness shall 11submit the results of the testing provided under par. (a) to the department in the 12manner prescribed by the department by rule. AB50-ASA2-AA18,29,1813(c) If a representative sample tested under par. (a) does not meet the 14standards prescribed by the department, the department shall take the necessary 15action to ensure that the entire lot from which the sample was taken is destroyed. 16The department shall promulgate rules to determine lots and lot numbers for 17purposes of this subsection and for the reporting of lots and lot numbers to the 18department. AB50-ASA2-AA18,29,2319(10) (a) A marijuana processor or a microbusiness that operates as a 20marijuana processor shall affix a label to all usable marijuana that the marijuana 21processor or microbusiness sells to marijuana distributors. The label may not be 22designed to appeal to persons under the age of 18. The label shall include all of the 23following: AB50-ASA2-AA18,30,2
11. The ingredients and the tetrahydrocannabinols concentration in the usable 2marijuana. AB50-ASA2-AA18,30,332. The processor’s business or trade name. AB50-ASA2-AA18,30,443. The processor’s permit number. AB50-ASA2-AA18,30,554. The harvest batch number of the marijuana. AB50-ASA2-AA18,30,665. The harvest date. AB50-ASA2-AA18,30,776. The strain name and product identity. AB50-ASA2-AA18,30,887. The net weight. AB50-ASA2-AA18,30,998. The activation time. AB50-ASA2-AA18,30,11109. The name of the laboratory performing any test, the test batch number, and 11the test analysis dates. AB50-ASA2-AA18,30,131210. The logotype for recreational marijuana developed by the department of 13agriculture, trade and consumer protection under s. 100.145. AB50-ASA2-AA18,30,151411. Warnings about the risks of marijuana use and pregnancy and risks of 15marijuana use by persons under the age of 18. AB50-ASA2-AA18,30,1916(b) No marijuana processor or microbusiness that operates as a marijuana 17processor may make usable marijuana using marijuana grown outside this state. 18The label on each package of usable marijuana may indicate that the usable 19marijuana is made in this state. AB50-ASA2-AA18,30,2120(11) (a) No permittee may sell marijuana or usable marijuana that contains 21more than 3 parts tetrahydrocannabinols to one part cannabidiol. AB50-ASA2-AA18,31,222(b) No permittee may sell marijuana or usable marijuana that tests positive 23under sub. (9) (a) for mold, fungus, pesticides, or other contaminants if the
1contaminants, or level of contaminants, are identified by a testing laboratory to be 2potentially unsafe to the consumer. AB50-ASA2-AA18,31,63(12) Immediately after beginning employment with a permittee, every 4employee of a permittee shall receive training, approved by the department, on the 5safe handling of marijuana and usable marijuana and on security and inventory 6accountability procedures. AB50-ASA2-AA18,31,137139.974 Records and reports. (1) Every permittee shall keep accurate and 8complete records of the permittee’s production and sales of marijuana and usable 9marijuana in this state. The records shall be kept on the premises described in the 10permit and in such manner as to ensure permanency and accessibility for 11inspection at reasonable hours by the department’s authorized personnel. The 12department shall prescribe reasonable and uniform methods of keeping records and 13making reports and shall provide the necessary forms to permittees. AB50-ASA2-AA18,31,2314(2) If the department determines that a permittee’s records are not kept in 15the prescribed form or are in such condition that the department requires an 16unusual amount of time to determine from the records the amount of the tax due, 17the department shall give notice to the permittee that the permittee is required to 18revise the permittee’s records and keep them in the prescribed form. If the 19permittee fails to comply within 30 days, the permittee shall pay the expenses 20reasonably attributable to a proper examination and tax determination at the rate 21of $30 a day for each auditor used to make the examination and determination. The 22department shall send a bill for such expenses, and the permittee shall pay the 23amount of such bill within 10 days. AB50-ASA2-AA18,32,10
1(3) If a permittee fails to file a report when due, the permittee shall pay a late 2filing fee of $10. A report that is mailed is filed on time if it is mailed in a properly 3addressed envelope with postage prepaid, the envelope is officially postmarked, or 4marked or recorded electronically as provided under section 7502 (f) (2) (c) of the 5Internal Revenue Code, on the date due, and the report is actually received by the 6department or at the destination that the department prescribes within 5 days of 7the due date. A report that is not mailed is timely if it is received on or before the 8due date by the department or at the destination that the department prescribes. 9For purposes of this subsection, “mailed” includes delivery by a delivery service 10designated under section 7502 (f) of the Internal Revenue Code. AB50-ASA2-AA18,32,1611(4) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating 12to confidentiality of income, franchise, and gift tax returns, apply to any 13information obtained from any permittee under this subchapter on a tax return, 14report, schedule, exhibit, or other document or from an audit report relating to any 15of those documents, except that the department shall publish production and sales 16statistics. AB50-ASA2-AA18,32,1917139.975 Administration and enforcement. (1) The department shall 18administer and enforce this subchapter and promulgate rules necessary to 19administer and enforce this subchapter. AB50-ASA2-AA18,32,2120(2) The duly authorized employees of the department have all necessary 21police powers to prevent violations of this subchapter. AB50-ASA2-AA18,33,522(3) Authorized personnel of the department of justice and the department of 23revenue, and any law enforcement officer, within their respective jurisdictions, may
1at all reasonable hours enter the premises of any permittee and examine the books 2and records to determine whether the tax imposed by this subchapter has been fully 3paid and may enter and inspect any premises where marijuana or usable marijuana 4is produced, processed, made, sold, or stored to determine whether the permittee is 5complying with this subchapter. AB50-ASA2-AA18,33,96(4) The department may suspend or revoke the permit of any permittee that 7violates s. 100.30, any provision of this subchapter, or any rule promulgated under 8sub. (1). The department shall revoke the permit of any permittee that violates s. 9100.30 3 or more times within a 5-year period. AB50-ASA2-AA18,33,1710(5) No suit shall be maintained in any court to restrain or delay the collection 11or payment of the tax levied in s. 139.971. The aggrieved taxpayer shall pay the tax 12when due and, if paid under protest, may at any time within 90 days from the date 13of payment sue the state to recover the tax paid. If it is finally determined that any 14part of the tax was wrongfully collected, the secretary of administration shall pay 15the amount wrongfully collected. A separate suit need not be filed for each separate 16payment made by any taxpayer, but a recovery may be had in one suit for as many 17payments as may have been made. AB50-ASA2-AA18,33,2318(6) (a) Any person may be compelled to testify in regard to any violation of this 19subchapter of which the person may have knowledge, even though such testimony 20may tend to incriminate the person, upon being granted immunity from 21prosecution in connection with the testimony, and upon the giving of such 22testimony, the person shall not be prosecuted because of the violation relative to 23which the person has testified. AB50-ASA2-AA18,34,2
1(b) The immunity provided under par. (a) is subject to the restrictions under s. 2972.085. AB50-ASA2-AA18,34,43(7) The provisions on timely filing under s. 71.80 (18) apply to the tax imposed 4under this subchapter.
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