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11Section
6. 20.923 (4) (e) 13. of the statutes is created to read:
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20.923
(4) (e) 13. Revenue, department of: medical marijuana regulatory
13commission: members and chairperson.
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14Section
7. 20.923 (6) (hp) of the statutes is created to read:
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20.923
(6) (hp) Revenue, department of: medical marijuana regulatory
16commission: all positions other than the members and chairperson.
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17Section 8
. 25.56 of the statutes is created to read:
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1825.56 Medical marijuana fund. There is established a separate nonlapsible
19trust fund, designated as the medical marijuana fund, consisting of all revenue from
1the fees, taxes, interest, and penalties under ss. 73.17 and 73.18 and subch. IV of ch.
2139.
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3Section
9. Chapter 73 (title) of the statutes is amended to read:
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CHAPTER 73
5
TAX APPEALS COMMISSION
,
6
medical marijuana regulatory
7
commission, AND DEPARTMENT
8
OF REVENUE
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9Section 10
. 73.17 of the statutes is created to read:
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1073.17 Medical marijuana; licensees.
(1) Definitions. In this section:
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(a) “Child care center” has the meaning given in s. 49.136 (1) (ad).
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(b) “Commission” means the medical marijuana regulatory commission.
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(c) “Dispensary” means a person who obtains packaged and labeled medical
14marijuana from a licensed processor and dispenses that marijuana at a permanent
15location to qualifying patients or primary caregivers holding a valid registry
16identification card issued under s. 73.18 (3), regardless of whether the dispensing is
17done in exchange for monetary consideration.
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(d) “Laboratory” means a person who obtains medical marijuana from a
19licensed processor and tests that medical marijuana for tetrahydrocannabinol
20content and the presence of molds, pesticides, heavy metals, and other
21contaminants.
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(e) “Licensee” means a producer, processor, dispensary, transporter, or
23laboratory that holds a valid license under this section.
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(f) “Marijuana" has the meaning given in s. 961.01 (14).
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(g) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).
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1(gm) “Primary caregiver" has the meaning given in s. 73.18 (1) (h).
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(h) “Processor" means a person who obtains marijuana from a licensed
3producer, processes the marijuana into medical marijuana, packages and labels the
4medical marijuana, and transfers or sells the packaged and labeled medical
5marijuana to a licensed dispensary.
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(i) “Producer” means a person who plants, grows, cultivates, and harvests
7marijuana and transfers or sells the marijuana to a licensed processor.
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(im) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
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(j) “School” has the meaning given in s. 118.257 (1) (d).
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(k) “Transporter” means a person who transports marijuana or medical
11marijuana to other licensees.
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12(2) Annual license required. No person may operate in this state as a
13producer, processor, dispensary, transporter, or laboratory without a license issued
14by the commission under this section. A person who engages in more than one of
15these activities shall obtain a separate license for each activity. A person who
16operates more than one dispensary location shall obtain a separate license for each
17location. A person who is an employee of a licensee is not required to obtain a
18separate license. A license issued under this section expires after one year. A person
19is not required to obtain a license under this section if the person handles only
20industrial hemp and holds a valid license under s. 94.55.
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21(3) License criteria. The commission may issue a license to a producer,
22processor, dispensary, transporter, or laboratory if the commission determines that
23all of the following requirements are met:
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(a) Notwithstanding ss. 111.321, 111.322, and 111.335, the applicant, or each
25principal officer or board member of the applicant, has never been convicted of a
1criminal violation of the federal Controlled Substances Act under
21 USC 801 to
971,
2the Uniform Controlled Substances Act under ch. 961, or any controlled substances
3law of another state. The commission shall determine whether this requirement is
4met on the basis of a criminal history search obtained from the records maintained
5by the department of justice for each of these persons. The department of justice
6shall provide information to the commission necessary to determine whether this
7requirement is met.
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(b) The applicant, or each principal officer or board member of the applicant,
9is at least 21 years of age.
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(c) For the 24 months following the first date on which the commission receives
11applications under this section, the applicant, or at least one principal officer or
12board member of the applicant, has resided in this state, in accordance with the
13qualifications set forth in s. 6.10, for at least one year before submitting an
14application to the commission under this subsection.
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(d) 1. If the applicant is a producer or processor, the applicant, or each principal
16officer or board member of the applicant, does not have any financial interest in a
17licensed dispensary or laboratory or an applicant for a dispensary or laboratory
18license.