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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.
SB545,27,1614 (b) This section applies to all officers, directors, agents, and stockholders
15holding 5 percent or more of the stock of any corporation applying for a permit under
16this section.
SB545,27,1817 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
18not be granted to any person to whom any of the following applies:
SB545,27,2019 1. The person has been convicted of a violent misdemeanor, as defined in s.
20941.29 (1g) (b), at least 3 times.
SB545,27,2221 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
22(a), unless pardoned.
SB545,27,2423 3. During the preceding 3 years, the person has been committed under s. 51.20
24for being drug dependent.
SB545,28,5
14. The person chronically and habitually uses alcohol beverages or other
2substances to the extent that his or her normal faculties are impaired. A person is
3presumed to chronically and habitually use alcohol beverages or other substances to
4the extent that his or her normal faculties are impaired if, within the preceding 3
5years, any of the following applies:
SB545,28,76 a. The person has been committed for involuntary treatment under s. 51.45
7(13).
SB545,28,88 b. The person has been convicted of a violation of s. 941.20 (1) (b).
SB545,28,189 c. In 2 or more cases arising out of separate incidents, a court has found the
10person to have committed a violation of s. 346.63 or a local ordinance in conformity
11with that section; a violation of a law of a federally recognized American Indian tribe
12or band in this state in conformity with s. 346.63; or a violation of the law of another
13jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
14intoxicated, while under the influence of a controlled substance, a controlled
15substance analog, or a combination thereof, with an excess or specified range of
16alcohol concentration, or while under the influence of any drug to a degree that
17renders the person incapable of safely driving, as those or substantially similar
18terms are used in that jurisdiction's laws.
SB545,28,2019 5. The person has income that comes principally from gambling or has been
20convicted of 2 or more gambling offenses.
SB545,28,2121 6. The person has been convicted of crimes relating to prostitution.
SB545,28,2322 7. The person has been convicted of of crimes relating to loaning money or
23anything of value to persons holding licenses or permits pursuant to ch. 125.
SB545,28,2424 8. The person is under the age of 21.
SB545,29,2
19. The person has not been a resident of this state continuously for at least 90
2days prior to the application date.
SB545,29,103 (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
8a valid 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
10union representative and the applicant.
SB545,29,2211 (cn) The department shall use a competitive scoring system to determine which
12applicants are eligible to receive a permit under this section. The department shall
13issue permits to the highest scoring applicants that it determines will best protect
14the environment; provide stable, family-supporting jobs to local residents; ensure
15worker and consumer safety; operate secure facilities; and uphold the laws of the
16jurisdictions in which they operate. The department shall, using criteria established
17by rule, score an applicant for a permit to operate as a marijuana retailer on the
18applicant's ability to articulate a social equity plan related to the operation of a
19marijuana retail establishment. The department may deny a permit to an applicant
20with a low score as determined under this paragraph. The department may request
21that the applicant provide any information or documentation that the department
22deems necessary for purposes of making a determination under this paragraph.
SB545,30,523 (d) 1. Before the department issues a new or renewed permit under this section,
24the department shall give notice of the permit application to the governing body of
25the municipality where the permit applicant intends to operate the premises of a

1marijuana producer, marijuana processor, marijuana distributor, marijuana
2retailer, or microbusiness. No later than 30 days after the department submits the
3notice, the governing body of the municipality may file with the department a written
4objection to granting or renewing the permit. At the municipality's request, the
5department may extend the period for filing objections.
SB545,30,196 2. A written objection filed under subd. 1. shall provide all the facts on which
7the objection is based. In determining whether to grant or deny a permit for which
8an objection has been filed under this paragraph, the department shall give
9substantial weight to objections from a municipality based on chronic illegal activity
10associated with the premises for which the applicant seeks a permit or the premises
11of any other operation in this state for which the applicant holds or has held a valid
12permit or license, the conduct of the applicant's patrons inside or outside the
13premises of any other operation in this state for which the applicant holds or has held
14a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
15illegal activity" means a pervasive pattern of activity that threatens the public
16health, safety, and welfare of the municipality, including any crime or ordinance
17violation, and that is documented in crime statistics, police reports, emergency
18medical response data, calls for service, field data, or similar law enforcement agency
19records.
SB545,30,2420 (e) After denying a permit, the department shall immediately notify the
21applicant in writing of the denial and the reasons for the denial. After making a
22decision to grant or deny a permit for which a municipality has filed an objection
23under par. (d), the department shall immediately notify the governing body of the
24municipality in writing of its decision and the reasons for the decision.
SB545,31,2
1(f) 1. The department's denial of a permit under this section is subject to judicial
2review under ch. 227.
SB545,31,43 2. The department's decision to grant a permit under this section regardless of
4an objection filed under par. (d) is subject to judicial review under ch. 227.
SB545,31,65 (g) The department shall not issue a permit under this section to any person
6who does not hold a valid certificate under s. 73.03 (50).
SB545,31,13 7(2) Each person who applies for a permit under this section shall submit with
8the application a $250 fee. Each person who is granted a permit under this section
9shall annually pay to the department a $2,000 fee for as long as the person holds a
10valid permit under this section. A permit issued under this section is valid for one
11year and may be renewed, except that the department may revoke or suspend a
12permit prior to its expiration. A person is not entitled to a refund of the fees paid
13under this subsection if the person's permit is denied, revoked, or suspended.
SB545,31,17 14(3) The department may not issue a permit under this section to operate any
15premises which are within 500 feet of the perimeter of the grounds of any elementary
16or secondary school, playground, recreation facility, child care facility, public park,
17public transit facility, or library.
SB545,32,6 18(4) Under this section, a separate permit is required for and issued to each class
19of permittee, and the permit holder may perform only the operations authorized by
20the permit. A permit issued under this section is not transferable from one person
21to another or from one premises to another. A separate permit is required for each
22place in this state where the operations of a marijuana producer, marijuana
23processor, marijuana distributor, marijuana retailer, or microbusiness occur,
24including each retail outlet. No person who has been issued a permit to operate as
25a marijuana retailer, or who has any direct or indirect financial interest in the

1operation of a marijuana retailer, shall be issued a permit to operate as a marijuana
2producer, marijuana processor, or marijuana distributor. A person who has been
3issued a permit to operate as a microbusiness is not required to hold separate permits
4to operate as a marijuana processor, marijuana distributor, or marijuana retailer,
5but shall specify on the person's application for a microbusiness permit the activities
6that the person will be engaged in as a microbusiness.
SB545,32,8 7(5) Each person issued a permit under this section shall post the permit in a
8conspicuous place on the premises to which the permit relates.
SB545,32,10 9139.973 Regulation. (1) (a) No permittee may employ an individual who is
10under the age of 21 to work in the business to which the permit relates.
SB545,32,1311 (b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an
12individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the
13individual.
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