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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(h) “Processor" means a person who obtains marijuana from a licensed
2producer, processes the marijuana into medical marijuana, packages and labels the
3medical marijuana, and transfers or sells the packaged and labelled medical
4marijuana to a licensed dispensary.
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(i) “Producer” means a person who plants, grows, cultivates, and harvests
6marijuana and transfers or sells the marijuana to a licensed processor.
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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
9marijuana to other licensees.
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10(2) Annual license required. No person may operate in this state as a
11producer, processor, dispensary, transporter, or laboratory without a license issued
12by the commission under this section. A person who engages in more than one of
13these activities shall obtain a separate license for each activity. A person who
14operates more than one dispensary location shall obtain a separate license for each
15location. A person who is an employee of a licensee is not required to obtain a
16separate license. A license issued under this section expires after one year. A person
17is not required to obtain a license under this section if the person handles only
18industrial hemp and holds a valid license under s. 94.55.
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19(3) License criteria. The commission may issue a license to a producer,
20processor, dispensary, transporter, or laboratory if the commission determines that
21all of the following requirements are met:
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(a) Notwithstanding ss. 111.321, 111.322, and 111.335, the applicant, or each
23principal officer or board member of the applicant, has never been convicted of a
24criminal violation of the federal Controlled Substances Act under
21 USC 801 to
971,
25the Uniform Controlled Substances Act under ch. 961, or any controlled substances
1law of another state. The commission shall determine whether this requirement is
2met on the basis of a criminal history search obtained from the records maintained
3by the department of justice for each of these persons. The department of justice
4shall provide information to the commission necessary to determine whether this
5requirement is met.
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(b) The applicant, or each principal officer or board member of the applicant,
7is at least 21 years of age.
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(c) For the 24 months following the first date on which the commission receives
9applications under this section, the applicant, or at least one principal officer or
10board member of the applicant, has resided in this state, in accordance with the
11qualifications set forth in s. 6.10, for at least one year before submitting an
12application 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
14officer or board member of the applicant, does not have any financial interest in a
15licensed laboratory or an applicant for a laboratory license.
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2. If the applicant is a laboratory, the applicant, or each principal officer or
17board member of the applicant, does not have any financial interest in a licensed
18producer, processor, or dispensary or an applicant for a producer, processor, or
19dispensary license.
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3. If the applicant is a producer or a processor, the applicant, or each principal
21officer or board member of the applicant, does not have any financial interest in a
22licensed dispensary or an applicant for a dispensary license.
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4. If the applicant is a dispensary, the applicant, or each principal officer or
24board member of the applicant, does not have any financial interest in a licensed
1producer, processor, or laboratory, or an applicant for a producer, processor, or
2laboratory license.
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(e) The applicant, and each principal officer or board member of the applicant,
4has never had a license revoked and not reinstated under this section, or been a
5principal officer or board member of an entity that has had a license revoked and not
6reinstated under this section.
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(f) The applicant's facility or the site of the applicant's facility is not prohibited
8by a local ordinance of the county or municipality where the facility would be located.
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(g) The applicant's operation will not be located within 300 feet of the premises
10of a school or child care center.
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(h) The applicant will have sufficient security measures in place at its
12operating location.
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(i) The applicant will have sufficient record-keeping procedures in place.
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(j) If the applicant is a laboratory, the applicant will employ and retain at least
15one employee with an advanced degree in a medical or laboratory science.
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(k) The applicant provides proof of financial responsibility equal to no less than
17$1,000,000 for liability for bodily injury that may result from producing, processing,
18transporting, or dispensing medical marijuana.
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(L) The applicant has paid the fee specified under sub. (4).
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(m) The applicant meets any other conditions for obtaining a license as
21required by the department by rule.
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22(4) Application and annual renewal fees. (a) The commission shall set, by
23rule, the amount of application, registration, and renewal fees for applying for and
24receiving a license under this section, subject to the limitations under par. (b). The
1amount of the fees under this subsection shall be sufficient to cover the commission's
2costs of administering and enforcing this section.
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(b) 1. For a license under sub. (7) (d) 1. a, the application fee shall be no less than
4$1,000, but no more than $5,000; the registration fee shall be no less than $50,000,
5but no more than $100,000; and the renewal fee shall be no less than $50,000, but
6no more than $150,000.
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2. For a license under sub. (7) (d) 1. b., the application fee shall be no less than
8$10,000, but no more than $15,000; the registration fee shall be no less than
9$100,000, but no more than $150,000; and the renewal fee shall be no less than
10$100,000, but no more than $200,000.
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3. For a license under sub. (7) (d) 1. c., the application fee shall be no less than
12$20,000, but no more than $25,000; the registration fee shall be no less than
13$150,000, but no more than $200,000; and the renewal fee shall be no less than
14$150,000, but no more than $250,000.