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16(5) “Marijuana distributor” means a person in this state who purchases or
17receives usable marijuana from a marijuana processor and who sells or otherwise
18transfers the usable marijuana to a marijuana retailer for the purpose of resale to
19consumers.
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20(6) “Marijuana processor" means a person in this state who processes
21marijuana into usable marijuana, packages and labels usable marijuana for sale in
22retail outlets, and sells at wholesale or otherwise transfers usable marijuana to
23marijuana distributors.
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24(7) “Marijuana producer" means a person in this state who produces marijuana
25and sells it at wholesale or otherwise transfers it to marijuana processors.
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1(8) “Marijuana retailer" means a person in this state that sells usable
2marijuana at a retail outlet.
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3(9) “Microbusiness” means a marijuana producer that produces marijuana in
4one area that is less than 10,000 square feet and who also operates as any 2 of the
5following:
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(a) A marijuana processor.
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(b) A marijuana distributor.
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(c) A marijuana retailer.
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9(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
10distributor, marijuana retailer, or microbusiness that is issued a permit under s.
11139.972.
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12(11) “Retail outlet" means a location for the retail sale of usable marijuana.
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13(12) “Sales price" has the meaning given in s. 77.51 (15b).
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14(13) “Usable marijuana" means marijuana that has been processed for human
15consumption and includes dried marijuana flowers, marijuana-infused products,
16and marijuana edibles.
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17139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
18producer at the rate of 15 percent of the sales price on each wholesale sale or transfer
19in this state of marijuana to a marijuana processor. This paragraph applies to a
20microbusiness that transfers marijuana to a processing operation within the
21microbusiness.
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(b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent
23of the sales price on each retail sale in this state of usable marijuana, except that the
24tax does not apply to sales of usable marijuana to an individual who holds a valid tax
25exemption certificate issued under s. 73.17 (4).
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1(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
2to the department no later than the 15th day of the month following the month in
3which the person's tax liability is incurred and shall include with the payment a
4return on a form prescribed by the department.
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5(3) For purposes of this section, a marijuana producer may not sell marijuana
6directly to a marijuana distributor or marijuana retailer, and a marijuana retailer
7may purchase usable marijuana for resale only from a marijuana distributor. This
8subsection does not apply to a microbusiness that transfers marijuana or usable
9marijuana to another operation with the microbusiness.
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10139.972 Permits required. (1) (a) No person may operate in this state as a
11marijuana producer, marijuana processor, marijuana distributor, marijuana
12retailer, or microbusiness without first filing an application for and obtaining the
13proper permit from the department to perform such operations. In addition, no
14person may operate in this state as a marijuana producer or marijuana processor
15without first filing an application for and obtaining the proper permit under s. 94.56.
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(b) This section applies to all officers, directors, agents, and stockholders
17holding 5 percent or more of the stock of any corporation applying for a permit under
18this section.
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(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
20not 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.
22941.29 (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)
24(a), unless pardoned.
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13. During the preceding 3 years, the person has been committed under s. 51.20
2for being drug dependent.
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4. The person chronically and habitually uses alcohol beverages or other
4substances to the extent that his or her normal faculties are impaired. A person is
5presumed to chronically and habitually use alcohol beverages or other substances to
6the extent that his or her normal faculties are impaired if, within the preceding 3
7years, any of the following applies:
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a. The person has been committed for involuntary treatment under s. 51.45
9(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
12person to have committed a violation of s. 346.63 or a local ordinance in conformity
13with that section; a violation of a law of a federally recognized American Indian tribe
14or band in this state in conformity with s. 346.63; or a violation of the law of another
15jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
16intoxicated, while under the influence of a controlled substance, a controlled
17substance analog, or a combination thereof, with an excess or specified range of
18alcohol concentration, or while under the influence of any drug to a degree that
19renders the person incapable of safely driving, as those or substantially similar
20terms are used in that jurisdiction's laws.
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5. The person has income that comes principally from gambling or has been
22convicted 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 of crimes relating to loaning money or
25anything of value to persons holding licenses or permits pursuant to ch. 125.