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(L) “Treatment team" has the meaning given in s. 961.01 (20t).
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(m) “Usable cannabis” has the meaning given in s. 961.01 (21f).
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(n) “Written certification" has the meaning given in s. 146.44 (1) (h).
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12(2) License required. No person may operate in this state as a producer,
13processor, or dispensary without a license issued by the department under this
14section. A person who engages in more than one of these activities shall obtain a
15separate license for each activity. A licensee may engage in the licensed activity at
16more than one location without obtaining a separate license. No licensee may
17operate at more than 2 separate locations, regardless of the number of licenses held.
18A person who is an employee of a licensee is not required to obtain a separate license.
19A person is not required to obtain a license under this section if the person handles
20only industrial hemp and holds a valid license under s. 94.55.
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21(3) License criteria. (a) The department may issue a license under this section
22to an applicant only if the applicant has been a resident of this state for at least the
232 years immediately preceding the application.
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(b) The department may not issue a license to, and must revoke a license of, any
25entity to which any of the following applies:
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11. The entity is located within 500 feet of a school, including a charter school.
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2. If the entity is a dispensary, the dispensary distributes to a member of a
3treatment team a number of cannabis plants or an amount of usable cannabis that,
4in the period of distribution, results in the treatment team possessing more than the
5maximum authorized amount.
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3. The dispensary possesses a number of cannabis plants or an amount of
7usable cannabis that exceeds the combined maximum authorized amount for all of
8the treatment teams that use the dispensary by a number or an amount determined
9by the department by rule to be unacceptable.
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4. The applicant, or a principal officer or board member of the applicant, has
11a financial interest in a registered laboratory.
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12(4) Licensing procedure; fees; license term. (a) An application for a license
13under this section shall be in writing on a form provided by the department and
14include the licensing application fee under par. (b) 1.
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(b) 1. A licensing application fee shall be an amount determined by the
16department but not less than $250.
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2. The annual fee for a licensee shall be an amount determined by the
18department but not less than $5,000.
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(c) A license is valid unless revoked. Each license shall be issued only for the
20applicant named in the application and may not be transferred or assigned.
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21(5) Producers. (a) A licensed producer may plant, grow, cultivate, and harvest
22medical cannabis, including planting, growing, cultivating, and harvesting
23outdoors; transfer or sell the medical cannabis to a licensed processor; and engage
24in any related activities that are necessary for the operation, such as possessing,
25storing, and transporting the medical cannabis.
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1(b) A licensed producer may not plant, grow, cultivate, or harvest medical
2cannabis for personal, family, or household use.
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3(6) Processors. (a) A licensed processor may obtain medical cannabis from
4a licensed producer; process the medical cannabis into usable cannabis or individual
5cannabis plants; transfer samples of the usable cannabis or individual cannabis
6plants to a registered laboratory; package and label the usable cannabis or individual
7cannabis plants; transfer or sell the usable cannabis or individual cannabis plants
8to a licensed dispensary; and engage in any related activities that are necessary for
9the operation, such as possessing, storing, and transporting the usable cannabis or
10individual cannabis plants.
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(b) Before distributing medical cannabis to a licensed dispensary, a licensed
12processor shall provide samples of each type of cannabis plant and usable cannabis
13that it processes to a registered laboratory to test for mold, fungus, pesticides, and
14other contaminants and may not distribute medical cannabis that tests positive for
15mold, fungus, pesticides, or other contaminants if the contaminants or the level of
16contaminants is identified by the laboratory as being potentially unsafe to an
17individual's health.
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18(7) Dispensaries. (a) A licensed dispensary may obtain packaged, labelled
19medical cannabis from a licensed processor; dispense the medical cannabis according
20to the provisions of this section; and engage in any related activities that are
21necessary for the operation, such as possessing, storing, and transporting the
22medical cannabis.
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(b) A licensed dispensary may dispense medical cannabis only to a person who
24presents a valid registry identification card issued under s. 146.44.
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1(c) The department shall determine which and how many applicants for a
2dispensary license receive a license on the basis of all of the following:
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1. Convenience to treatment teams and the preferences of treatment teams.
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2. The ability of an applicant to provide to treatment teams a sufficient amount
5of medical cannabis.
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3. The experience the applicant has running a nonprofit organization or a
7business.
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4. The preferences of the governing bodies with jurisdiction over the area in
9which the applicants are located.
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5. The ability of the applicant to keep records confidential and maintain a safe
11and secure facility.
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6. The ability of the applicant to abide by the prohibitions under sub. (3) (b).
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13(8) Laboratories. The department shall register entities as medical cannabis
14testing laboratories. The department may not register a laboratory if any principal
15officer or board member of the entity has any financial interest in a licensee or an
16applicant for a license under this section. A registered laboratory may obtain
17samples of medical cannabis from a licensed processor; test and certify the
18tetrahydrocannabinol content of the medical cannabis and whether the medical
19cannabis contains any contaminants; and engage in any related activities that are
20necessary for the operation, such as possessing, storing, and transporting the
21medical cannabis. Registered laboratories shall perform the following services:
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(a) Testing medical cannabis for potency and for mold, fungus, pesticides, and
23other contaminants.