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3Section
2. 15.435 (2) of the statutes is created to read:
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15.435
(2) Medical marijuana regulatory commission. (a)
Creation;
5membership. No later than 30 days after the effective date of this paragraph .... [LRB
6inserts date], there is created a medical marijuana regulatory commission attached
7to the department of revenue under s. 15.03, consisting of the following members:
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1. One member appointed by the governor.
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2. One member appointed by the senate majority leader.
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3. One member appointed by the speaker of the assembly.
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4. One member appointed by the senate minority leader.
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5. One member appointed by the assembly minority leader.
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(b)
Chairperson. The governor shall designate one of the appointees under par.
14(a) to serve as chairperson for a 2-year term. The chairperson is responsible for the
15commission's daily operations and administrative oversight.
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(c)
Assistance. The commission may request of any state agency such
17assistance as may be necessary for the commission to fulfill its duties.
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(d)
Licenses. The commission shall begin issuing licenses under s. 73.17 no
19sooner than 180 days after the creation of the commission.
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(e)
Report. 1. Annually, the commission shall submit a report to the legislature
21under s. 13.172 (2) that provides an overview of the medical marijuana industry in
1this state, specifies the administrative and enforcement actions undertaken by the
2commission, and makes recommendations regarding the operation of the
3commission and the administration of ss. 73.17 and 73.18 and subch. IV of ch. 139.
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2. No later than January 15, 2022, and no later than each January 15
5thereafter, the commission shall submit to the legislature, as provided under s.
613.172 (2), its recommendation for using moneys from the medical marijuana fund
7for law enforcement drug prevention programs, treatment alternative and diversion
8programs, and alcohol and other drug abuse treatment programs.
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9Section
3. 15.437 of the statutes is created to read:
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1015.437 Same; councils. (1) Council on medical marijuana. (a) There is
11created in the department of revenue a council on medical marijuana to provide
12advice to the medical marijuana regulatory commission. The council consists of the
13following members:
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1. One individual who represents the interests of licensees under s. 73.17.
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2. One individual who represents local government.
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3. One individual who represents law enforcement.
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4. One individual who represents medical providers.
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5. One individual who represents providers of financial services.
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6. The secretary of agriculture, trade and consumer protection or the
20secretary's designee.
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7. The secretary of health services or the secretary's designee.
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8. The secretary of revenue or the secretary's designee.
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9. One member appointed by the senate majority leader.
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10. One member appointed by the senate minority leader.
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11. One member appointed by the speaker of the assembly.
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112. One member appointed by the assembly minority leader.
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(b) The governor shall appoint the members under par. (a) 1. to 5. All members
3serve for staggered 3-year terms, as determined by the secretary of revenue.
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6Section
5. 20.566 (9) of the statutes is created to read:
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20.566
(9) Medical marijuana regulatory commission. (q)
General program
8operations and enforcement. From the medical marijuana fund, the amounts in the
9schedule for general program operations, administration, and enforcement of ss.
1073.17 and 73.18 and subch. IV of ch. 139.
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11Section
6. 20.923 (4) (e) 13. of the statutes is created to read:
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20.923
(4) (e) 13. Revenue, department of: medical marijuana regulatory
13commission: members and chairperson.
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14Section
7. 20.923 (6) (hp) of the statutes is created to read:
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20.923
(6) (hp) Revenue, department of: medical marijuana regulatory
16commission: all positions other than the members and chairperson.
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17Section 8
. 25.56 of the statutes is created to read:
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1825.56 Medical marijuana fund. There is established a separate nonlapsible
19trust fund, designated as the medical marijuana fund, consisting of all revenue from
1the fees, taxes, interest, and penalties under ss. 73.17 and 73.18 and subch. IV of ch.
2139.
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3Section
9. Chapter 73 (title) of the statutes is amended to read:
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CHAPTER 73
5
TAX APPEALS COMMISSION
,
6
medical marijuana regulatory
7
commission, AND DEPARTMENT
8
OF REVENUE
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9Section 10
. 73.17 of the statutes is created to read:
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1073.17 Medical marijuana; licensees.
(1) Definitions. In this section:
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(a) “Child care center” has the meaning given in s. 49.136 (1) (ad).
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(b) “Commission” means the medical marijuana regulatory commission.
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(c) “Dispensary” means a person who obtains packaged and labeled medical
14marijuana from a licensed processor and dispenses that marijuana at a permanent
15location to qualifying patients or primary caregivers holding a valid registry
16identification card issued under s. 73.18 (3), regardless of whether the dispensing is
17done in exchange for monetary consideration.
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(d) “Laboratory” means a person who obtains medical marijuana from a
19licensed processor and tests that medical marijuana for tetrahydrocannabinol
20content and the presence of molds, pesticides, heavy metals, and other
21contaminants.
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(e) “Licensee” means a producer, processor, dispensary, transporter, or
23laboratory that holds a valid license under this section.
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(f) “Marijuana" has the meaning given in s. 961.01 (14).
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(g) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).
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1(gm) “Primary caregiver" has the meaning given in s. 73.18 (1) (h).
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(h) “Processor" means a person who obtains marijuana from a licensed
3producer, processes the marijuana into medical marijuana, packages and labels the
4medical marijuana, and transfers or sells the packaged and labeled medical
5marijuana to a licensed dispensary.
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(i) “Producer” means a person who plants, grows, cultivates, and harvests
7marijuana and transfers or sells the marijuana to a licensed processor.
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(im) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
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(j) “School” has the meaning given in s. 118.257 (1) (d).
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(k) “Transporter” means a person who transports marijuana or medical
11marijuana to other licensees.
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12(2) Annual license required. No person may operate in this state as a
13producer, processor, dispensary, transporter, or laboratory without a license issued
14by the commission under this section. A person who engages in more than one of
15these activities shall obtain a separate license for each activity. A person who
16operates more than one dispensary location shall obtain a separate license for each
17location. A person who is an employee of a licensee is not required to obtain a
18separate license. A license issued under this section expires after one year. A person
19is not required to obtain a license under this section if the person handles only
20industrial hemp and holds a valid license under s. 94.55.
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21(3) License criteria. The commission may issue a license to a producer,
22processor, dispensary, transporter, or laboratory if the commission determines that
23all of the following requirements are met:
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(a) Notwithstanding ss. 111.321, 111.322, and 111.335, the applicant, or each
25principal officer or board member of the applicant, has never been convicted of a
1criminal violation of the federal Controlled Substances Act under
21 USC 801 to
971,
2the Uniform Controlled Substances Act under ch. 961, or any controlled substances
3law of another state. The commission shall determine whether this requirement is
4met on the basis of a criminal history search obtained from the records maintained
5by the department of justice for each of these persons. The department of justice
6shall provide information to the commission necessary to determine whether this
7requirement is met.
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(b) The applicant, or each principal officer or board member of the applicant,
9is at least 21 years of age.
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(c) For the 24 months following the first date on which the commission receives
11applications under this section, the applicant, or at least one principal officer or
12board member of the applicant, has resided in this state, in accordance with the
13qualifications set forth in s. 6.10, for at least one year before submitting an
14application to the commission under this subsection.
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(d) 1. If the applicant is a producer or processor, the applicant, or each principal
16officer or board member of the applicant, does not have any financial interest in a
17licensed dispensary or laboratory or an applicant for a dispensary or laboratory
18license.
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2. If the applicant is a laboratory, the applicant, or each principal officer or
20board member of the applicant, does not have any financial interest in a licensed
21producer, processor, or dispensary or an applicant for a producer, processor, or
22dispensary license.
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3. If the applicant is a dispensary, the applicant, or each principal officer or
24board member of the applicant, does not have any financial interest in a licensed
1producer, processor, or laboratory or an applicant for a producer, processor, or
2laboratory license.
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(e) The applicant and each principal officer or board member of the applicant
4have never had a license revoked and not reinstated under this section or been a
5principal officer or board member of an entity that has had a license revoked and not
6reinstated under this section.
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(f) The applicant's facility or the site of the applicant's facility is not prohibited
8by a local ordinance of the county or municipality where the facility would be located.
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(g) The applicant's operation is not or will not be located within 300 feet of the
10premises of a school or child care center.
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(h) The applicant has or will have sufficient security measures in place at its
12operating location.
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(i) The applicant has or will have sufficient record-keeping procedures in place.
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(j) If the applicant is a laboratory, the applicant employs and retains at least
15one employee with an advanced degree in a medical or laboratory science.
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(k) The applicant provides proof of financial responsibility equal to no less than
17$1,000,000 for liability for bodily injury that may result from producing, processing,
18transporting, or dispensing medical marijuana.
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(L) The applicant has paid the fee specified under sub. (4).
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(m) The applicant meets any other conditions for obtaining a license as
21required by the department of revenue by rule.
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22(4) Application and annual renewal fees. (a) The commission shall set, by
23rule, the amount of application, registration, and renewal fees for applying for and
24receiving a license under this section, subject to the limitations under par. (b). The
1amount of the fees under this subsection shall be sufficient to cover the commission's
2costs of administering and enforcing this section.
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(b) 1. For a license under sub. (7) (d) 1. a., the application fee shall be no less
4than $1,000, but no more than $5,000; the registration fee shall be no less than
5$50,000, but no more than $100,000; and the renewal fee shall be no less than
6$50,000, but no more than $150,000.
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2. For a license under sub. (7) (d) 1. b., the application fee shall be no less than
8$10,000, but no more than $15,000; the registration fee shall be no less than
9$100,000, but no more than $150,000; and the renewal fee shall be no less than
10$100,000, but no more than $200,000.
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3. For a license under sub. (7) (d) 1. c., the application fee shall be no less than
12$20,000, but no more than $25,000; the registration fee shall be no less than
13$150,000, but no more than $200,000; and the renewal fee shall be no less than
14$150,000, but no more than $250,000.
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4. For a license under sub. (8), the application fee shall be no less than $1,000,
16but no more than $25,000; the registration fee shall be no less than $50,000, but no
17more than $200,000; and the renewal fee shall be no less than $50,000, but no more
18than $250,000.
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5. For a license under sub. (9), the application fee shall be no less than $2,500,
20but no more than $7,500; the registration fee shall be no less than $6,000, but no more
21than $9,000; and the renewal fee shall be no less than $5,000, but no more than
22$45,000.
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23(5) Employees. A licensee may not employ a person unless all of the following
24requirements are met:
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(a) The person is at least 21 years of age.
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1(b) Notwithstanding ss. 111.321, 111.322, and 111.335, the person has never
2been convicted of a criminal violation of the federal Controlled Substances Act under
321 USC 801 to
971, the Uniform Controlled Substances Act under ch. 961, or any
4controlled substances law of another state, based on a criminal history search
5obtained from the records maintained by the department of justice. The department
6of justice shall provide information to the commission necessary to determine
7whether this requirement is met.
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(c) If the person is employed at a dispensary, the person has completed the
9training required for dispensary employees, which the commission shall establish by
10rule.
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11(6) Location. Except as provided by rules promulgated under this section, no
12licensee may operate within 300 feet of the premises of a school or child care center.
13If a licensee's operation relocates to within 300 feet of the premises of a school or child
14care center, the commission shall immediately revoke the licensee's license. The
15commission shall establish, by rule, whether a licensee may remain in operation or
16must relocate if the premises of a school or child care center locates within 300 feet
17of the licensee's operation.
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18(7) Producers. (a) A licensed producer may plant, grow, cultivate, and harvest
19marijuana; transfer or sell the marijuana to a licensed processor; and engage in any
20related activities that are necessary for the operation, such as possessing and storing
21the marijuana. A licensed producer may transport marijuana from the producer's
22facility only if the producer has a valid transporter license under sub. (11).
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(b) A licensed producer may not plant, grow, cultivate, or harvest marijuana
24for personal, family, or household use.
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(c) A licensed producer may operate only within an enclosed, locked facility.
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1(d) 1. The commission may issue the following licenses to producers:
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a. A Class A license, which allows the producer to annually plant, grow,
3cultivate, or harvest no more than 200 marijuana plants.
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b. A Class B license, which allows the producer to annually plant, grow,
5cultivate, or harvest no more than 500 marijuana plants.
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c. A Class C license, which allows the producer to annually plant, grow,
7cultivate, or harvest an unlimited number of marijuana plants.
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2. The commission may issue no more than 50 Class A licenses, 20 Class B
9licenses, and 5 Class C licenses.