SB70-SSA2-SA2,66,9 7(13) “Usable marijuana" means marijuana that has been processed for human
8consumption and includes dried marijuana flowers, marijuana-infused products,
9and marijuana edibles.
SB70-SSA2-SA2,66,14 10139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
11producer at the rate of 15 percent of the sales price on each wholesale sale or transfer
12in this state of marijuana to a marijuana processor. This paragraph applies to a
13microbusiness that transfers marijuana to a processing operation within the
14microbusiness.
SB70-SSA2-SA2,66,1815 (b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent
16of the sales price on each retail sale in this state of usable marijuana, except that the
17tax does not apply to sales of usable marijuana to an individual who holds a valid tax
18exemption certificate issued under s. 73.17 (4).
SB70-SSA2-SA2,66,22 19(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
20to the department no later than the 15th day of the month following the month in
21which the person's tax liability is incurred and shall include with the payment a
22return on a form prescribed by the department.
SB70-SSA2-SA2,67,2 23(3) For purposes of this section, a marijuana producer may not sell marijuana
24directly to a marijuana distributor or marijuana retailer, and a marijuana retailer
25may purchase usable marijuana for resale only from a marijuana distributor. This

1subsection does not apply to a microbusiness that transfers marijuana or usable
2marijuana to another operation with the microbusiness.
SB70-SSA2-SA2,67,8 3139.972 Permits required. (1) (a) No person may operate in this state as a
4marijuana producer, marijuana processor, marijuana distributor, marijuana
5retailer, or microbusiness without first filing an application for and obtaining the
6proper permit from the department to perform such operations. In addition, no
7person may operate in this state as a marijuana producer or marijuana processor
8without first filing an application for and obtaining the proper permit under s. 94.56.
SB70-SSA2-SA2,67,119 (b) This section applies to all officers, directors, agents, and stockholders
10holding 5 percent or more of the stock of any corporation applying for a permit under
11this section.
SB70-SSA2-SA2,67,1312 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
13not be granted to any person to whom any of the following applies:
SB70-SSA2-SA2,67,1514 1. The person has been convicted of a violent misdemeanor, as defined in s.
15941.29 (1g) (b), at least 3 times.
SB70-SSA2-SA2,67,1716 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
17(a), unless pardoned.
SB70-SSA2-SA2,67,1918 3. During the preceding 3 years, the person has been committed under s. 51.20
19for being drug dependent.
SB70-SSA2-SA2,67,2420 4. The person chronically and habitually uses alcohol beverages or other
21substances to the extent that his or her normal faculties are impaired. A person is
22presumed to chronically and habitually use alcohol beverages or other substances to
23the extent that his or her normal faculties are impaired if, within the preceding 3
24years, any of the following applies:
SB70-SSA2-SA2,68,2
1a. The person has been committed for involuntary treatment under s. 51.45
2(13).
SB70-SSA2-SA2,68,33 b. The person has been convicted of a violation of s. 941.20 (1) (b).
SB70-SSA2-SA2,68,134 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.
SB70-SSA2-SA2,68,1514 5. The person has income that comes principally from gambling or has been
15convicted of 2 or more gambling offenses.
SB70-SSA2-SA2,68,1616 6. The person has been convicted of crimes relating to prostitution.
SB70-SSA2-SA2,68,1817 7. The person has been convicted of of crimes relating to loaning money or
18anything of value to persons holding licenses or permits pursuant to ch. 125.
SB70-SSA2-SA2,68,1919 8. The person is under the age of 21.
SB70-SSA2-SA2,68,2120 9. The person has not been a resident of this state continuously for at least 90
21days prior to the application date.
SB70-SSA2-SA2,69,422 (cm) An applicant with 20 or more employees may not receive a permit under
23this section to operate as a marijuana distributor or marijuana retailer unless the
24applicant certifies to the department that the applicant has entered into a labor
25peace agreement, as defined in s. 94.56 (1) (a), and will abide by the terms of the

1agreement as a condition of maintaining a valid permit under this section. The
2applicant shall submit to the department a copy of the page of the labor peace
3agreement that contains the signatures of the labor organization representative and
4the applicant.
SB70-SSA2-SA2,69,165 (cn) The department shall use a competitive scoring system to determine which
6applicants are eligible to receive a permit under this section. The department shall
7issue permits to the highest scoring applicants that it determines will best protect
8the environment; provide stable, family-supporting jobs to local residents; ensure
9worker and consumer safety; operate secure facilities; and uphold the laws of the
10jurisdictions in which they operate. The department shall, using criteria established
11by rule, score an applicant for a permit to operate as a marijuana retailer on the
12applicant's ability to articulate a social equity plan related to the operation of a
13marijuana retail establishment. The department may deny a permit to an applicant
14with a low score as determined under this paragraph. The department may request
15that the applicant provide any information or documentation that the department
16deems necessary for purposes of making a determination under this paragraph.
SB70-SSA2-SA2,69,2417 (d) 1. Before the department issues a new or renewed permit under this section,
18the department shall give notice of the permit application to the governing body of
19the municipality where the permit applicant intends to operate the premises of a
20marijuana producer, marijuana processor, marijuana distributor, marijuana
21retailer, or microbusiness. No later than 30 days after the department submits the
22notice, the governing body of the municipality may file with the department a written
23objection to granting or renewing the permit. At the municipality's request, the
24department may extend the period for filing objections.
SB70-SSA2-SA2,70,14
12. A written objection filed under subd. 1. shall provide all the facts on which
2the objection is based. In determining whether to grant or deny a permit for which
3an objection has been filed under this paragraph, the department shall give
4substantial weight to objections from a municipality based on chronic illegal activity
5associated with the premises for which the applicant seeks a permit or the premises
6of any other operation in this state for which the applicant holds or has held a valid
7permit or license, the conduct of the applicant's patrons inside or outside the
8premises of any other operation in this state for which the applicant holds or has held
9a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
10illegal activity" means a pervasive pattern of activity that threatens the public
11health, safety, and welfare of the municipality, including any crime or ordinance
12violation, and that is documented in crime statistics, police reports, emergency
13medical response data, calls for service, field data, or similar law enforcement agency
14records.
SB70-SSA2-SA2,70,1915 (e) After denying a permit, the department shall immediately notify the
16applicant in writing of the denial and the reasons for the denial. After making a
17decision to grant or deny a permit for which a municipality has filed an objection
18under par. (d), the department shall immediately notify the governing body of the
19municipality in writing of its decision and the reasons for the decision.
SB70-SSA2-SA2,70,2120 (f) 1. The department's denial of a permit under this section is subject to judicial
21review under ch. 227.
SB70-SSA2-SA2,70,2322 2. The department's decision to grant a permit under this section regardless of
23an objection filed under par. (d) is subject to judicial review under ch. 227.
SB70-SSA2-SA2,70,2524 (g) The department shall not issue a permit under this section to any person
25who does not hold a valid certificate under s. 73.03 (50).
SB70-SSA2-SA2,71,7
1(2) Each person who applies for a permit under this section shall submit with
2the application a $250 fee. Each person who is granted a permit under this section
3shall annually pay to the department a $2,000 fee for as long as the person holds a
4valid permit under this section. A permit issued under this section is valid for one
5year and may be renewed, except that the department may revoke or suspend a
6permit prior to its expiration. A person is not entitled to a refund of the fees paid
7under this subsection if the person's permit is denied, revoked, or suspended.