SB377,37,19 (cn) The department shall use a competitive scoring system to determine which applicants are eligible to receive a permit under this section. The department shall issue permits to the highest scoring applicants that it determines will best protect the environment; provide stable, family-supporting jobs to local residents; ensure worker and consumer safety; operate secure facilities; and uphold the laws of the jurisdictions in which they operate. The department may deny a permit to an applicant with a low score, as determined under this paragraph. The department may request that the applicant provide any information or documentation that the department deems necessary for purposes of making a determination under this paragraph.

SB377,38,2 (d) 1. Before the department issues a new or renewed permit under this section, the department shall give notice of the permit application to the governing body of the municipality where the permit applicant intends to operate the premises of a marijuana producer or marijuana processor. No later than 30 days after the department submits the notice, the governing body of the municipality may file with the department a written objection to granting or renewing the permit. At the municipality's request, the department may extend the period for filing objections.

SB377,38,15 2. A written objection filed under subd. 1. shall provide all the facts on which the objection is based. In determining whether to grant or deny a permit for which an objection has been filed under this paragraph, the department shall give substantial weight to objections from a municipality based on chronic illegal activity associated with the premises for which the applicant seeks a permit, the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, the conduct of the applicant's patrons inside or outside the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic illegal activity" means a pervasive pattern of activity that threatens the public health, safety, and welfare of the municipality, including any crime or ordinance violation, and is documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar law enforcement agency records.

SB377,38,20 (e) After denying a permit, the department shall immediately notify the applicant in writing of the denial and the reasons for the denial. After making a decision to grant or deny a permit for which a municipality has filed an objection under par. (d), the department shall immediately notify the governing body of the municipality in writing of its decision and the reasons for the decision.

SB377,38,22 (f) 1. The department's denial of a permit under this section is subject to judicial review under ch. 227.

SB377,38,24 2. The department's decision to grant a permit under this section regardless of an objection filed under par. (d) is subject to judicial review under ch. 227.

SB377,39,2 (g) The department shall not issue a permit under this section to any person who does not hold a valid certificate under s. 73.03 (50).

SB377,39,8 (3) Fees; term. (a) Each person who applies for a permit under this section shall submit with the application a $250 fee. A permit issued under this section is valid for one year and may be renewed, except that the department may revoke or suspend a permit prior to its expiration. A person is not entitled to a refund of the fees paid under this subsection if the person's permit is denied, revoked, or suspended.

SB377,39,12 (b) A permittee shall annually pay to the department a fee for as long as the person holds a valid permit under this section. The annual fee for a marijuana processor permittee is $2,000. The annual fee for a marijuana producer permittee is one of the following, unless the department, by rule, establishes a higher amount:

SB377,39,14 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800 marijuana plants, $1,800.

SB377,39,16 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but not more than 3,600 marijuana plants, $2,900.

SB377,39,18 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but not more than 6,000 marijuana plants, $3,600.

SB377,39,20 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but not more than 10,200 marijuana plants, $5,100.

SB377,39,22 5. If the permittee plants, grows, cultivates, or harvests more than 10,200 marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.

SB377,39,25 (4) Schools. The department may not issue a permit under this section to operate as a marijuana producer within 500 feet of the perimeter of the grounds of any elementary or secondary school.

SB377,40,8 (5) Education and awareness campaign. The department shall develop and make available training programs for marijuana producers on how to safely and efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for marijuana processors on how to safely and efficiently produce and handle marijuana products and test marijuana for contaminants. The department shall conduct an awareness campaign to inform potential marijuana producers and marijuana processors of the availability and viability of marijuana as a crop or product in this state.

SB377,40,11 (6) Rules. The department shall promulgate rules necessary to administer and enforce this section, including rules relating to the inspection of the plants, facilities, and products of permittees and training requirements for employees of permittees.

SB377,40,15 (7) Penalties. (a) Any person who violates the requirements under sub. (2) or (3) or any of the requirements established by the rules promulgated under sub. (6) shall be fined not less than $100 nor more than $500 or imprisoned not more than 6 months or both.

SB377,40,19 (b) In addition to the penalties imposed under par. (a), the department shall revoke the permit of any person convicted of any violation described under par. (a) and not issue another permit to that person for a period of 2 years following the revocation.

SB377,79 Section 79 . 100.145 of the statutes is created to read:

SB377,40,24 100.145 Recreational marijuana logotype. The department shall design an official logotype, appropriate for including on a label affixed to recreational marijuana under s. 139.973 (10) (a). The department shall design the logotype to be distinguishable from any logotype for medical marijuana.

SB377,80 Section 80 . 108.02 (18r) of the statutes is created to read:

SB377,41,1 108.02 (18r) Marijuana. “ Marijuana” has the meaning given in s. 111.32 (11m).

SB377,81 Section 81 . 108.04 (5m) of the statutes is created to read:

SB377,41,7 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5), “misconduct," for purposes of sub. (5), does not include the employee's use of marijuana off the employer's premises during nonworking hours or a violation of the employer's policy concerning such use, unless termination of the employee because of that use is permitted under s. 111.35.

SB377,41,11 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does not include the employee's use of marijuana off the employer's premises during nonworking hours or a violation of the employer's policy concerning such use, unless termination of the employee because of that use is permitted under s. 111.35.

SB377,82 Section 82 . 108.133 (1) (a) of the statutes is renumbered 108.133 (1) (a) 1. and amended to read:

SB377,41,15 108.133 (1) (a) 1. Notwithstanding s. 108.02 (9), “controlled substance" has the meaning given in 21 USC 802, except as provided in subd. 2.

SB377,83 Section 83 . 108.133 (1) (a) 2. of the statutes is created to read: