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(f) “Permittee” means a marijuana producer or marijuana processor who is
15issued a permit under this section.
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16(2) Permit required. (a) No person may operate in this state as a marijuana
17producer or marijuana processor without a permit from the department. A person
18who acts as a marijuana producer and a marijuana processor shall obtain a separate
19permit for each activity. A permit issued under this section is not transferable from
20one person to another or from one premises to another. A separate permit is required
21for each place in this state where the operations of a marijuana producer or
22marijuana processor occur. A person is not required to obtain a permit under this
23section if the person produces or processes only industrial hemp and holds a valid
24license under s. 94.55.
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1(b) This subsection applies to all officers, directors, agents, and stockholders
2holding 5 percent or more of the stock of any corporation applying for a permit under
3this section.
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(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
5not be granted to any person to whom any of the following applies:
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1. The person has been convicted of a violent misdemeanor, as defined in s.
7941.29 (1g) (b), at least 3 times.
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2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
9(a), unless pardoned.
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3. During the preceding 3 years, the person has been committed under s. 51.20
11for being drug dependent.
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4. The person chronically and habitually uses alcohol beverages or other
13substances to the extent that his or her normal faculties are impaired. A person is
14presumed to chronically and habitually use alcohol beverages or other substances to
15the extent that his or her normal faculties are impaired if, within the preceding 3
16years, any of the following applies:
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a. The person has been committed for involuntary treatment under s. 51.45
18(13).
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b. The person has been convicted of a violation of s. 941.20 (1) (b).
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c. In 2 or more cases arising out of separate incidents, a court has found the
21person to have committed a violation of s. 346.63 or a local ordinance in conformity
22with that section; a violation of a law of a federally recognized American Indian tribe
23or band in this state in conformity with s. 346.63; or a violation of the law of another
24jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
25intoxicated, while under the influence of a controlled substance, a controlled
1substance analog, or a combination thereof, with an excess or specified range of
2alcohol concentration, or while under the influence of any drug to a degree that
3renders the person incapable of safely driving, as those or substantially similar
4terms are used in that jurisdiction's laws.
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5. The person has income that comes principally from gambling or has been
6convicted of 2 or more gambling offenses.
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6. The person has been convicted of crimes relating to prostitution.
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7. The person has been convicted of crimes relating to loaning money or
9anything of value to persons holding licenses or permits pursuant to ch. 125.
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8. The person is under the age of 21.
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9. The person has not been a resident of this state continuously for at least 90
12days prior to the application date.
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(cm) An applicant with 20 or more employees may not receive a permit under
14this section unless the applicant certifies to the department that the applicant has
15entered into a labor peace agreement and will abide by the terms of the agreement
16as a condition of maintaining a valid permit under this section. The applicant shall
17submit to the department a copy of the page of the labor peace agreement that
18contains the signatures of the labor organization representative and the applicant.
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(cn) The department shall use a competitive scoring system to determine which
20applicants are eligible to receive a permit under this section. The department shall
21issue permits to the highest scoring applicants that it determines will best protect
22the environment; provide stable, family-supporting jobs to local residents; ensure
23worker and consumer safety; operate secure facilities; and uphold the laws of the
24jurisdictions in which they operate. The department may deny a permit to an
25applicant with a low score as determined under this paragraph. The department
1may request that the applicant provide any information or documentation that the
2department deems necessary for purposes of making a determination under this
3paragraph.
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(d) 1. Before the department issues a new or renewed permit under this section,
5the department shall give notice of the permit application to the governing body of
6the municipality where the permit applicant intends to operate the premises of a
7marijuana producer or marijuana processor. No later than 30 days after the
8department submits the notice, the governing body of the municipality may file with
9the department a written objection to granting or renewing the permit. At the
10municipality's request, the department may extend the period for filing objections.
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2. A written objection filed under subd. 1. shall provide all the facts on which
12the objection is based. In determining whether to grant or deny a permit for which
13an objection has been filed under this paragraph, the department shall give
14substantial weight to objections from a municipality based on chronic illegal activity
15associated with the premises for which the applicant seeks a permit or the premises
16of any other operation in this state for which the applicant holds or has held a valid
17permit or license, the conduct of the applicant's patrons inside or outside the
18premises of any other operation in this state for which the applicant holds or has held
19a valid permit or license, and local zoning ordinances. In this subdivision, “
chronic
20illegal activity" means a pervasive pattern of activity that threatens the public
21health, safety, and welfare of the municipality, including any crime or ordinance
22violation, and that is documented in crime statistics, police reports, emergency
23medical response data, calls for service, field data, or similar law enforcement agency
24records.
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1(e) After denying a permit, the department shall immediately notify the
2applicant in writing of the denial and the reasons for the denial. After making a
3decision to grant or deny a permit for which a municipality has filed an objection
4under par. (d), the department shall immediately notify the governing body of the
5municipality in writing of its decision and the reasons for the decision.
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(f) 1. The department's denial of a permit under this section is subject to judicial
7review under ch. 227.
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2. The department's decision to grant a permit under this section regardless of
9an objection filed under par. (d) is subject to judicial review under ch. 227.
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(g) The department shall not issue a permit under this section to any person
11who does not hold a valid certificate under s. 73.03 (50).
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12(3) Fees; term. (a) Each person who applies for a permit under this section
13shall submit with the application a $250 fee. A permit issued under this section is
14valid for one year and may be renewed, except that the department may revoke or
15suspend a permit prior to its expiration. A person is not entitled to a refund of the
16fees paid under this subsection if the person's permit is denied, revoked, or
17suspended.
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(b) A permittee shall annually pay to the department a fee for as long as the
19person holds a valid permit under this section. The annual fee for a marijuana
20processor permittee is $2,000. The annual fee for a marijuana producer permittee
21is one of the following, unless the department, by rule, establishes a higher amount:
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1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
23marijuana plants, $1,800.
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2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
25not more than 3,600 marijuana plants, $2,900.
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13. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
2not more than 6,000 marijuana plants, $3,600.