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SB545,16,2019 3. During the preceding 3 years, the person has been committed under s. 51.20
20for being drug dependent.
SB545,16,2521 4. The person chronically and habitually uses alcohol beverages or other
22substances to the extent that his or her normal faculties are impaired. A person is
23presumed to chronically and habitually use alcohol beverages or other substances to
24the extent that his or her normal faculties are impaired if, within the preceding 3
25years, any of the following applies:
SB545,17,2
1a. The person has been committed for involuntary treatment under s. 51.45
2(13).
SB545,17,33 b. The person has been convicted of a violation of s. 941.20 (1) (b).
SB545,17,134 c. In 2 or more cases arising out of separate incidents, a court has found the
5person to have committed a violation of s. 346.63 or a local ordinance in conformity
6with that section; a violation of a law of a federally recognized American Indian tribe
7or band in this state in conformity with s. 346.63; or a violation of the law of another
8jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
9intoxicated, while under the influence of a controlled substance, a controlled
10substance analog, or a combination thereof, with an excess or specified range of
11alcohol concentration, or while under the influence of any drug to a degree that
12renders the person incapable of safely driving, as those or substantially similar
13terms are used in that jurisdiction's laws.
SB545,17,1514 5. The person has income that comes principally from gambling or has been
15convicted of 2 or more gambling offenses.
SB545,17,1616 6. The person has been convicted of crimes relating to prostitution.
SB545,17,1817 7. The person has been convicted of crimes relating to loaning money or
18anything of value to persons holding licenses or permits pursuant to ch. 125.
SB545,17,1919 8. The person is under the age of 21.
SB545,17,2120 9. The person has not been a resident of this state continuously for at least 90
21days prior to the application date.
SB545,18,322 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
23employees may not receive a permit under this section unless the applicant certifies
24to the department that the applicant has entered into a labor peace agreement and
25will abide by the terms of the agreement as a condition of maintaining a valid permit

1under this section. The applicant shall submit to the department a copy of the page
2of the labor peace agreement that contains the signatures of the union representative
3and the applicant.
SB545,18,134 (cn) The department shall use a competitive scoring system to determine which
5applicants are eligible to receive a permit under this section. The department shall
6issue permits to the highest scoring applicants that it determines will best protect
7the environment; provide stable, family-supporting jobs to local residents; ensure
8worker and consumer safety; operate secure facilities; and uphold the laws of the
9jurisdictions in which they operate. The department may deny a permit to an
10applicant with a low score as determined under this paragraph. The department
11may request that the applicant provide any information or documentation that the
12department deems necessary for purposes of making a determination under this
13paragraph.
SB545,18,2014 (d) 1. Before the department issues a new or renewed permit under this section,
15the department shall give notice of the permit application to the governing body of
16the municipality where the permit applicant intends to operate the premises of a
17marijuana producer or marijuana processor. No later than 30 days after the
18department submits the notice, the governing body of the municipality may file with
19the department a written objection to granting or renewing the permit. At the
20municipality's request, the department may extend the period for filing objections.
SB545,19,921 2. A written objection filed under subd. 1. shall provide all the facts on which
22the objection is based. In determining whether to grant or deny a permit for which
23an objection has been filed under this paragraph, the department shall give
24substantial weight to objections from a municipality based on chronic illegal activity
25associated with the premises for which the applicant seeks a permit or the premises

1of any other operation in this state for which the applicant holds or has held a valid
2permit or license, the conduct of the applicant's patrons inside or outside the
3premises of any other operation in this state for which the applicant holds or has held
4a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
5illegal activity" means a pervasive pattern of activity that threatens the public
6health, safety, and welfare of the municipality, including any crime or ordinance
7violation, and that is documented in crime statistics, police reports, emergency
8medical response data, calls for service, field data, or similar law enforcement agency
9records.
SB545,19,1410 (e) After denying a permit, the department shall immediately notify the
11applicant in writing of the denial and the reasons for the denial. After making a
12decision to grant or deny a permit for which a municipality has filed an objection
13under par. (d), the department shall immediately notify the governing body of the
14municipality in writing of its decision and the reasons for the decision.
SB545,19,1615 (f) 1. The department's denial of a permit under this section is subject to judicial
16review under ch. 227.
SB545,19,1817 2. The department's decision to grant a permit under this section regardless of
18an objection filed under par. (d) is subject to judicial review under ch. 227.
SB545,19,2019 (g) The department shall not issue a permit under this section to any person
20who does not hold a valid certificate under s. 73.03 (50).
SB545,20,2 21(3) Fees; term. (a) Each person who applies for a permit under this section
22shall submit with the application a $250 fee. A permit issued under this section is
23valid for one year and may be renewed, except that the department may revoke or
24suspend a permit prior to its expiration. A person is not entitled to a refund of the

1fees paid under this subsection if the person's permit is denied, revoked, or
2suspended.
SB545,20,63 (b) A permittee shall annually pay to the department a fee for as long as the
4person holds a valid permit under this section. The annual fee for a marijuana
5processor permittee is $2,000. The annual fee for a marijuana producer permittee
6is one of the following, unless the department, by rule, establishes a higher amount:
SB545,20,87 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
8marijuana plants, $1,800.
SB545,20,109 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
10not more than 3,600 marijuana plants, $2,900.
SB545,20,1211 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
12not more than 6,000 marijuana plants, $3,600.
SB545,20,1413 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
14not more than 10,200 marijuana plants, $5,100.
SB545,20,1615 5. If the permittee plants, grows, cultivates, or harvests more than 10,200
16marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
SB545,20,19 17(4) Schools. The department may not issue a permit under this section to
18operate as a marijuana producer within 500 feet of the perimeter of the grounds of
19any elementary or secondary school.
SB545,21,2 20(5) Education and awareness campaign. The department shall develop and
21make available training programs for marijuana producers on how to safely and
22efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for
23marijuana processors on how to safely and efficiently produce and handle marijuana
24products and test marijuana for contaminants. The department shall conduct an
25awareness campaign to inform potential marijuana producers and marijuana

1processors of the availability and viability of marijuana as a crop or product in this
2state.
SB545,21,7 3(6) Rules. The department shall promulgate rules necessary to administer and
4enforce this section, including rules relating to the inspection of the plants, facilities,
5and products of permittees; training requirements for employees of permittees; and
6the competitive scoring system for determining which applicants are eligible to
7receive a permit under this section.
SB545,21,11 8(7) Penalties. (a) Any person who violates sub. (2), fails to pay the required
9fee under sub. (3), or violates any of the requirements established by the rules
10promulgated under sub. (6) shall be fined not less than $100 nor more than $500 or
11imprisoned not more than 6 months or both.
SB545,21,1512 (b) In addition to the penalties imposed under par. (a), the department shall
13revoke the permit of any person convicted of any violation described under par. (a)
14and not issue another permit to that person for a period of 2 years following the
15revocation.
SB545,24 16Section 24. 94.57 of the statutes is created to read:
SB545,21,20 1794.57 Testing laboratories. The department shall register entities as
18tetrahydrocannabinols testing laboratories. The laboratories may possess or
19manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
20following services:
SB545,21,22 21(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
22potency and for mold, fungus, pesticides, and other contaminants.
SB545,21,25 23(2) Collect information on research findings and conduct research related to
24the medical use of tetrahydrocannabinols, including research that identifies
25potentially unsafe levels of contaminants.
SB545,22,1
1(3) Provide training on the following:
SB545,22,32 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and
3distribution of marijuana for the medical use of tetrahydrocannabinols.
SB545,22,44 (b) Security and inventory accountability procedures.
SB545,22,55 (c) The most recent research on the use of tetrahydrocannabinols.
SB545,25 6Section 25 . 100.145 of the statutes is created to read:
SB545,22,9 7100.145 Recreational marijuana logotype. The department shall design
8an official logotype appropriate for including on a label affixed to recreational
9marijuana under s. 139.973 (10) (a).
SB545,26 10Section 26 . 108.02 (18r) of the statutes is created to read:
SB545,22,1111 108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).
SB545,27 12Section 27 . 108.04 (5m) of the statutes is created to read:
SB545,22,1713 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
14“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 the
16employer's policy concerning such use, unless termination of the employee because
17of that use is permitted under s. 111.35.
SB545,22,2118 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
19not 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.
SB545,28 22Section 28 . 111.32 (9m) of the statutes is created to read:
SB545,22,2323 111.32 (9m) “Lawful product” includes marijuana.
SB545,29 24Section 29 . 111.32 (11m) of the statutes is created to read:
SB545,23,4
1111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis,
2whether growing or not; the seeds thereof; the resin extracted from any part of the
3plant; and every compound, manufacture, salt, derivative, mixture, or preparation
4of the plant, its seeds or resin, including tetrahydrocannabinols.
SB545,30 5Section 30 . 111.35 (2) (e) of the statutes is amended to read:
SB545,23,86 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
7This paragraph does not apply with respect to violations concerning marijuana or
8tetrahydrocannabinols under 21 USC 841 to 865.
SB545,31 9Section 31 . 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
SB545,23,1610 114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
11order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
12assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
13examination of the person's use of alcohol, tetrahydrocannabinols, controlled
14substances, or controlled substance analogs and development of an airman safety
15plan for the person. The court shall notify the person, the department, and the proper
16federal agency of the assessment order. The assessment order shall:
SB545,32 17Section 32 . 114.09 (2) (bm) 4. of the statutes is amended to read:
SB545,24,318 114.09 (2) (bm) 4. The assessment report shall order compliance with an
19airman safety plan. The report shall inform the person of the fee provisions under
20s. 46.03 (18) (f). The safety plan may include a component that makes the person
21aware of the effect of his or her offense on a victim and a victim's family. The safety
22plan may include treatment for the person's misuse, abuse, or dependence on alcohol,
23tetrahydrocannabinols, controlled substances, or controlled substance analogs. If
24the plan requires inpatient treatment, the treatment shall not exceed 30 days. An
25airman safety plan under this paragraph shall include a termination date consistent

1with the plan that shall not extend beyond one year. The county department under
2s. 51.42 shall assure notification of the department of transportation and the person
3of the person's compliance or noncompliance with assessment and treatment.
SB545,33 4Section 33 . 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
5amended to read:
SB545,24,156 115.35 (1) (a) (intro.) A critical health problems education program is
7established in the department. The program shall be a systematic and integrated
8program designed to provide appropriate learning experiences based on scientific
9knowledge of the human organism as it functions within its environment and
10designed to favorably influence the health, understanding, attitudes and practices
11of the individual child which will enable him or her to adapt to changing health
12problems of our society. The program shall be designed to educate youth with regard
13to critical health problems and shall include, but not be limited to, the following
14topics as the basis for comprehensive education curricula in all elementary and
15secondary schools: controlled
SB545,24,17 161. Controlled substances, as defined in s. 961.01 (4); controlled substance
17analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.
SB545,24,18 182. Mental health; sexually.
SB545,24,20 193. Sexually transmitted diseases, including acquired immunodeficiency
20syndrome; human.
SB545,24,21 214. Human growth and development; and.
SB545,24,22 225. Other related health and safety topics as determined by the department.
SB545,24,25 23(b) Participation in the human growth and development topic of the curricula
24described in par. (a) shall be entirely voluntary. The department may not require a
25school board to use a specific human growth and development curriculum.
SB545,34
1Section 34. Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
2created to read:
SB545,25,33 chapter 139
SB545,25,44 subchapter Iv
SB545,25,55 marijuana tax and regulation
SB545,25,6 6139.97 Definitions. In this subchapter:
SB545,25,7 7(1) “Department" means the department of revenue.
SB545,25,10 8(2) “Lot" means a definite quantity of marijuana or usable marijuana identified
9by a lot number, every portion or package of which is consistent with the factors that
10appear in the labeling.
SB545,25,12 11(3) “Lot number" means a number that specifies the person who holds a valid
12permit under this subchapter and the harvesting or processing date for each lot.
SB545,25,13 13(4) “Marijuana" has the meaning given in s. 961.70 (3).
SB545,25,17 14(5) “Marijuana distributor” means a person in this state who purchases or
15receives usable marijuana from a marijuana processor and who sells or otherwise
16transfers the usable marijuana to a marijuana retailer for the purpose of resale to
17consumers.
SB545,25,21 18(6) “Marijuana processor" means a person in this state who processes
19marijuana into usable marijuana, packages and labels usable marijuana for sale in
20retail outlets, and sells at wholesale or otherwise transfers usable marijuana to
21marijuana distributors.
SB545,25,23 22(7) “Marijuana producer" means a person in this state who produces marijuana
23and sells it at wholesale or otherwise transfers it to marijuana processors.
SB545,25,25 24(8) “Marijuana retailer" means a person in this state that sells usable
25marijuana at a retail outlet.
SB545,26,3
1(9) “Microbusiness” means a marijuana producer that produces marijuana in
2one area that is less than 10,000 square feet and who also operates as any 2 of the
3following:
SB545,26,44 (a) A marijuana processor.
SB545,26,55 (b) A marijuana distributor.
SB545,26,66 (c) A marijuana retailer.
SB545,26,9 7(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
8distributor, marijuana retailer, or microbusiness that is issued a permit under s.
9139.972.
SB545,26,10 10(11) “Retail outlet" means a location for the retail sale of usable marijuana.
SB545,26,11 11(12) “Sales price" has the meaning given in s. 77.51 (15b).
SB545,26,14 12(13) “Usable marijuana" means marijuana that has been processed for human
13consumption and includes dried marijuana flowers, marijuana-infused products,
14and marijuana edibles.
SB545,26,19 15139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
16producer at the rate of 15 percent of the sales price on each wholesale sale or transfer
17in this state of marijuana to a marijuana processor. This paragraph applies to a
18microbusiness that transfers marijuana to a processing operation within the
19microbusiness.
SB545,26,2320 (b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent
21of the sales price on each retail sale in this state of usable marijuana, except that the
22tax does not apply to sales of usable marijuana to an individual who holds a valid tax
23exemption certificate issued under s. 73.17 (4).
SB545,27,2 24(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
25to the department no later than the 15th day of the month following the month in

1which the person's tax liability is incurred and shall include with the payment a
2return on a form prescribed by the department.
SB545,27,7 3(3) For purposes of this section, a marijuana producer may not sell marijuana
4directly to a marijuana distributor or marijuana retailer, and a marijuana retailer
5may purchase usable marijuana for resale only from a marijuana distributor. This
6subsection does not apply to a microbusiness that transfers marijuana or usable
7marijuana to another operation with the microbusiness.
SB545,27,13 8139.972 Permits required. (1) (a) No person may operate in this state as a
9marijuana producer, marijuana processor, marijuana distributor, marijuana
10retailer, or microbusiness without first filing an application for and obtaining the
11proper permit from the department to perform such operations. In addition, no
12person may operate in this state as a marijuana producer or marijuana processor
13without first filing an application for and obtaining the proper permit under s. 94.56.
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