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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.
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2. If the applicant is a laboratory, the applicant, or each principal officer or
20board member of the applicant, does not have any financial interest in a licensed
21producer, processor, or dispensary or an applicant for a producer, processor, or
22dispensary license.
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3. 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
4have 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 is not or will not be located within 300 feet of the
10premises of a school or child care center.
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(h) The applicant has or will have sufficient security measures in place at its
12operating location.
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(i) The applicant has or will have sufficient record-keeping procedures in place.
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(j) If the applicant is a laboratory, the applicant employs and retains 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 of revenue 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
4than $1,000, but no more than $5,000; the registration fee shall be no less than
5$50,000, but no more than $100,000; and the renewal fee shall be no less than
6$50,000, but no 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.
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4. For a license under sub. (8), the application fee shall be no less than $1,000,
16but no more than $25,000; the registration fee shall be no less than $50,000, but no
17more than $200,000; and the renewal fee shall be no less than $50,000, but no more
18than $250,000.
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5. For a license under sub. (9), the application fee shall be no less than $2,500,
20but no more than $7,500; the registration fee shall be no less than $6,000, but no more
21than $9,000; and the renewal fee shall be no less than $5,000, but no more than
22$45,000.
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23(5) Employees. A licensee may not employ a person unless all of the following
24requirements are met:
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(a) The person is at least 21 years of age.
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1(b) Notwithstanding ss. 111.321, 111.322, and 111.335, the person has never
2been convicted of a criminal violation of the federal Controlled Substances Act under
321 USC 801 to
971, the Uniform Controlled Substances Act under ch. 961, or any
4controlled substances law of another state, based on a criminal history search
5obtained from the records maintained by the department of justice. The department
6of justice shall provide information to the commission necessary to determine
7whether this requirement is met.