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. AB50-ASA2-AA18,34,105(8) Sections 71.74 (1), (2), (10), (11), and (14), 71.77, 71.91 (1) (a) and (c) and 6(2) to (7), 71.92, and 73.0301 as they apply to the taxes under ch. 71 apply to the 7taxes under this subchapter. Section 71.74 (13) as it applies to the collection of the 8taxes under ch. 71 applies to the collection of the taxes under this subchapter, 9except that the period during which notice of an additional assessment shall be 10given begins on the due date of the report under this subchapter. AB50-ASA2-AA18,34,1411(9) Any building or place of any kind where marijuana or usable marijuana is 12sold, possessed, stored, or manufactured without a lawful permit or in violation of s. 13139.972 or 139.973 is declared a public nuisance and may be closed and abated as 14such. AB50-ASA2-AA18,34,1715(10) At the request of the secretary of revenue, the attorney general may 16represent this state or assist a district attorney in prosecuting any case arising 17under this subchapter. AB50-ASA2-AA18,35,218139.976 Theft of tax moneys. All marijuana tax moneys received by a 19permittee for the sale of marijuana or usable marijuana on which the tax under this 20subchapter has become due and has not been paid are trust funds in the permittee’s 21possession and are the property of this state. Any permittee that fraudulently 22withholds, appropriates, or otherwise uses marijuana tax moneys that are the
1property of this state is guilty of theft under s. 943.20 (1), whether or not the 2permittee has or claims to have an interest in those moneys. AB50-ASA2-AA18,35,93139.977 Seizure and confiscation. (1) All marijuana and usable 4marijuana produced, processed, made, kept, stored, sold, distributed, or 5transported in violation of this subchapter, and all tangible personal property used 6in connection with the marijuana or usable marijuana, is unlawful property and 7subject to seizure by the department or a law enforcement officer. Except as 8provided in sub. (2), all marijuana and usable marijuana seized under this 9subsection shall be destroyed. AB50-ASA2-AA18,35,1510(2) If marijuana or usable marijuana on which the tax has not been paid is 11seized as provided under sub. (1), it may be given to law enforcement officers to use 12in criminal investigations or sold to qualified buyers by the department, without 13notice. If the department finds that the marijuana or usable marijuana may 14deteriorate or become unfit for use in criminal investigations or for sale, or that 15those uses would otherwise be impractical, the department may order it destroyed. AB50-ASA2-AA18,35,2216(3) If marijuana or usable marijuana on which the tax has been paid is seized 17as provided under sub. (1), it shall be returned to the true owner if ownership can be 18ascertained and the owner or the owner’s agent is not involved in the violation 19resulting in the seizure. If the ownership cannot be ascertained or if the owner or 20the owner’s agent was guilty of the violation that resulted in the seizure of the 21marijuana or usable marijuana, it may be sold or otherwise disposed of as provided 22in sub. (2). AB50-ASA2-AA18,36,1823(4) If tangible personal property other than marijuana or usable marijuana is
1seized as provided under sub. (1), the department shall advertise the tangible 2personal property for sale by publication of a class 2 notice under ch. 985. If no 3person claiming a lien on, or ownership of, the property has notified the department 4of the person’s claim within 10 days after last insertion of the notice, the 5department shall sell the property. If a sale is not practical, the department may 6destroy the property. If a person claiming a lien on, or ownership of, the property 7notifies the department within the time prescribed in this subsection, the 8department may apply to the circuit court in the county where the property was 9seized for an order directing disposition of the property or the proceeds from the 10sale of the property. If the court orders the property to be sold, all liens, if any, may 11be transferred from the property to the sale proceeds. Neither the property seized 12nor the proceeds from the sale shall be turned over to any claimant of lien or 13ownership unless the claimant first establishes that the property was not used in 14connection with any violation under this subchapter or that, if so used, it was done 15without the claimant’s knowledge or consent and without the claimant’s knowledge 16of facts that should have given the claimant reason to believe it would be put to such 17use. If no claim of lien or ownership is established as provided under this 18subsection, the property may be ordered destroyed. AB50-ASA2-AA18,36,2319139.978 Interest and penalties. (1) Any person that makes or signs any 20false or fraudulent report under this subchapter or that attempts to evade the tax 21imposed by s. 139.971, or that aids in or abets the evasion or attempted evasion of 22that tax, may be fined not more than $10,000 or imprisoned for not more than 9 23months or both. AB50-ASA2-AA18,37,3
1(2) Any permittee that fails to keep the records required by s. 139.974 (1) and 2(2) shall be fined not less than $100 nor more than $500 or imprisoned not more 3than 6 months or both. AB50-ASA2-AA18,37,84(3) Any person that refuses to permit the examination or inspection 5authorized under s. 139.975 (3) may be fined not more than $500 or imprisoned not 6more than 6 months or both. The department shall immediately suspend or revoke 7the permit of any person that refuses to permit the examination or inspection 8authorized under s. 139.975 (3). AB50-ASA2-AA18,37,119(4) Any person that violates any of the provisions of this subchapter for which 10no other penalty is prescribed shall be fined not less than $100 nor more than 11$1,000 or imprisoned not less than 10 days nor more than 90 days or both. AB50-ASA2-AA18,37,1412(5) Any person that violates any of the rules promulgated in accordance with 13this subchapter shall be fined not less than $100 nor more than $500 or imprisoned 14not more than 6 months or both. AB50-ASA2-AA18,37,1815(6) In addition to the penalties imposed for violating the provisions of this 16subchapter or any of the department’s rules, the department shall revoke the 17permit of any person convicted of such a violation and not issue another permit to 18that person for a period of 2 years following the revocation. AB50-ASA2-AA18,37,2319(7) Unpaid taxes under this subchapter bear interest at the rate of 12 percent 20per year from the due date of the return until paid or deposited with the 21department, and all refunded taxes bear interest at the rate of 3 percent per year 22from the due date of the return to the date on which the refund is certified on the 23refund rolls. AB50-ASA2-AA18,38,2
1(8) All nondelinquent payments of additional amounts owed under this 2subchapter shall be applied in the following order: penalties, interest, tax principal. AB50-ASA2-AA18,38,53(9) Delinquent marijuana taxes bear interest at the rate of 1.5 percent per 4month until paid. The taxes imposed by this subchapter shall become delinquent if 5not paid by any of the following due dates, whichever is applicable: AB50-ASA2-AA18,38,76(a) In the case of a timely filed return, no return filed, or a late return, on or 7before the due date of the return. AB50-ASA2-AA18,38,98(b) In the case of a deficiency determination of taxes, within 2 months after 9the date of demand. AB50-ASA2-AA18,38,1410(10) If due to neglect an incorrect return is filed under this subchapter, the 11entire tax finally determined is subject to a penalty of 25 percent of the tax 12exclusive of interest or other penalty. A person filing an incorrect return has the 13burden of proving that the error or errors were due to good cause and not due to 14neglect. AB50-ASA2-AA18,38,2015139.979 Personal use. An individual who possesses no more than 6 16marijuana plants that have reached the flowering stage at any one time is not 17subject to the tax imposed under s. 139.971. An individual who possesses more 18than 6 marijuana plants that have reached the flowering stage at any one time shall 19apply for the appropriate permit under s. 139.972 and pay the appropriate tax 20imposed under s. 139.971. AB50-ASA2-AA18,39,221139.980 Agreement with tribes. The department may enter into an 22agreement with a federally recognized American Indian tribe or band in this state 23for the administration and enforcement of this subchapter and to provide refunds of
1the tax imposed under s. 139.971 on marijuana sold on tribal land by or to enrolled 2members of the tribe or band residing on the tribal land. AB50-ASA2-AA18,39,74157.06 (11) (hm) Unless otherwise required by federal law, a hospital, 5physician, procurement organization, or other person may not determine the 6ultimate recipient of an anatomical gift based solely upon a positive test for the use 7of marijuana by a potential recipient. AB50-ASA2-AA18,39,109157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in 10this section affects the allocation of organs for transplantation or therapy. AB50-ASA2-AA18,40,612289.33 (3) (d) “Local approval” includes any requirement for a permit, license, 13authorization, approval, variance or exception or any restriction, condition of 14approval or other restriction, regulation, requirement or prohibition imposed by a 15charter ordinance, general ordinance, zoning ordinance, resolution or regulation by 16a town, city, village, county or special purpose district, including without limitation 17because of enumeration any ordinance, resolution or regulation adopted under s. 1891.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), 19(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), 20(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), 21(19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), 22(10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 23(3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and
1(16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 259.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), 3(3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 460.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 566.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of 6ch. 60, or subch. III of ch. 91. AB50-ASA2-AA18,40,98349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 966.0107 (1) (bm). AB50-ASA2-AA18,3210Section 32. 961.01 (14) of the statutes is renumbered 961.70 (2) and 11amended to read: AB50-ASA2-AA18,40,2312961.70 (2) “Marijuana” means all parts of the plants of the genus Cannabis, 13whether growing or not; the seeds thereof; the resin extracted from any part of the 14plant; and every compound, manufacture, salt, derivative, mixture, or preparation 15of the plant, its seeds or resin, including if the tetrahydrocannabinols concentration 16of the plant part, seeds, resin, compound, manufacture, salt, derivative, mixture, or 17preparation is greater than 0.3 percent on a dry weight basis. “Marijuana” does 18include the mature stalks if mixed with other parts of the plant, but does not 19include fiber produced from the stalks, oil or cake made from the seeds of the plant, 20any other compound, manufacture, salt, derivative, mixture, or preparation of the 21mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the 22sterilized seed of the plant which is incapable of germination. “Marijuana” does not 23include hemp, as defined in s. 94.55 (1). AB50-ASA2-AA18,364Section 36. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), 5as renumbered, is amended to read: AB50-ASA2-AA18,41,66961.75 (title) Controlled substances Marijuana therapeutic research.
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