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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.
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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.
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(c) If the person is employed at a dispensary, the person has completed the
9training required for dispensary employees, which the commission shall establish by
10rule.
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11(6) Location. Except as provided by rules promulgated under this section, no
12licensee may operate within 300 feet of the premises of a school or child care center.
13If a licensee's operation relocates to within 300 feet of the premises of a school or child
14care center, the commission shall immediately revoke the licensee's license. The
15commission shall establish, by rule, whether a licensee may remain in operation or
16must relocate if the premises of a school or child care center locates within 300 feet
17of the licensee's operation.
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18(7) Producers. (a) A licensed producer may plant, grow, cultivate, and harvest
19marijuana; transfer or sell the marijuana to a licensed processor; and engage in any
20related activities that are necessary for the operation, such as possessing and storing
21the marijuana. A licensed producer may transport marijuana from the producer's
22facility only if the producer has a valid transporters license under sub. (11).