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(f) “Permittee” means a marijuana producer or marijuana processor who is
18issued a permit under this section.
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19(2) Permit required. (a) No person may operate in this state as a marijuana
20producer or marijuana processor without a permit from the department. A person
21who acts as a marijuana producer and a marijuana processor shall obtain a separate
22permit for each activity. A permit issued under this section is not transferable from
23one person to another or from one premises to another. A separate permit is required
24for each place in this state where the operations of a marijuana producer or
25marijuana processor occur. A person is not required to obtain a permit under this
1section if the person produces or processes only industrial hemp and holds a valid
2license under s. 94.55.
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(b) This subsection applies to all officers, directors, agents, and stockholders
4holding 5 percent or more of the stock of any corporation applying for a permit under
5this section.
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(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
7not 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.
9941.29 (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)
11(a), unless pardoned.
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3. During the preceding 3 years, the person has been committed under s. 51.20
13for being drug dependent.
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4. The person chronically and habitually uses alcohol beverages or other
15substances to the extent that his or her normal faculties are impaired. A person is
16presumed to chronically and habitually use alcohol beverages or other substances to
17the extent that his or her normal faculties are impaired if, within the preceding 3
18years, any of the following applies:
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a. The person has been committed for involuntary treatment under s. 51.45
20(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
23person to have committed a violation of s. 346.63 or a local ordinance in conformity
24with that section; a violation of a law of a federally recognized American Indian tribe
25or band in this state in conformity with s. 346.63; or a violation of the law of another
1jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
2intoxicated, while under the influence of a controlled substance, a controlled
3substance analog, or a combination thereof, with an excess or specified range of
4alcohol concentration, or while under the influence of any drug to a degree that
5renders the person incapable of safely driving, as those or substantially similar
6terms are used in that jurisdiction's laws.
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5. The person has income that comes principally from gambling or has been
8convicted 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
11anything 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
14days prior to the application date.
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(cm) An applicant with 20 or more employees may not receive a permit under
16this section unless the applicant certifies to the department that the applicant has
17entered into a labor peace agreement and will abide by the terms of the agreement
18as a condition of maintaining a valid permit under this section. The applicant shall
19submit to the department a copy of the page of the labor peace agreement that
20contains 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
22applicants are eligible to receive a permit under this section. The department shall
23issue permits to the highest scoring applicants that it determines will best protect
24the environment; provide stable, family-supporting jobs to local residents; ensure
25worker and consumer safety; operate secure facilities; and uphold the laws of the
1jurisdictions in which they operate. The department may deny a permit to an
2applicant with a low score as determined under this paragraph. The department
3may request that the applicant provide any information or documentation that the
4department deems necessary for purposes of making a determination under this
5paragraph.
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(d) 1. Before the department issues a new or renewed permit under this section,
7the department shall give notice of the permit application to the governing body of
8the municipality where the permit applicant intends to operate the premises of a
9marijuana producer or marijuana processor. No later than 30 days after the
10department submits the notice, the governing body of the municipality may file with
11the department a written objection to granting or renewing the permit. At the
12municipality'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
14the objection is based. In determining whether to grant or deny a permit for which
15an objection has been filed under this paragraph, the department shall give
16substantial weight to objections from a municipality based on chronic illegal activity
17associated with the premises for which the applicant seeks a permit or the premises
18of any other operation in this state for which the applicant holds or has held a valid
19permit or license, the conduct of the applicant's patrons inside or outside the
20premises of any other operation in this state for which the applicant holds or has held
21a valid permit or license, and local zoning ordinances. In this subdivision, “
chronic
22illegal activity" means a pervasive pattern of activity that threatens the public
23health, safety, and welfare of the municipality, including any crime or ordinance
24violation, and that is documented in crime statistics, police reports, emergency
1medical response data, calls for service, field data, or similar law enforcement agency
2records.
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(e) After denying a permit, the department shall immediately notify the
4applicant in writing of the denial and the reasons for the denial. After making a
5decision to grant or deny a permit for which a municipality has filed an objection
6under par. (d), the department shall immediately notify the governing body of the
7municipality 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
9review under ch. 227.
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2. The department's decision to grant a permit under this section regardless of
11an 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
13who does not hold a valid certificate under s. 73.03 (50).
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14(3) Fees; term. (a) Each person who applies for a permit under this section
15shall submit with the application a $250 fee. A permit issued under this section is
16valid for one year and may be renewed, except that the department may revoke or
17suspend a permit prior to its expiration. A person is not entitled to a refund of the
18fees paid under this subsection if the person's permit is denied, revoked, or
19suspended.
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(b) A permittee shall annually pay to the department a fee for as long as the
21person holds a valid permit under this section. The annual fee for a marijuana
22processor permittee is $2,000. The annual fee for a marijuana producer permittee
23is 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
25marijuana plants, $1,800.
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12. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
2not more than 3,600 marijuana plants, $2,900.
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3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
4not more than 6,000 marijuana plants, $3,600.