AB440-SSA1,24,9
7(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
8distributor, marijuana retailer, or microbusiness that is issued a permit under s.
9139.972.
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10(11) “Retail outlet" means a location for the retail sale of usable marijuana.
AB440-SSA1,24,11
11(12) “Sales price" has the meaning given in s. 77.51 (15b).
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12(13) “Usable marijuana" means marijuana that has been processed for human
13consumption and includes dried marijuana flowers, marijuana-infused products,
14and marijuana edibles.
AB440-SSA1,24,19
15139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
16producer at the rate of 15 percent of the sales price on each wholesale sale or transfer
17in this state of marijuana to a marijuana processor. This paragraph applies to a
18microbusiness that transfers marijuana to a processing operation within the
19microbusiness.
AB440-SSA1,24,2320
(b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent
21of the sales price on each retail sale in this state of usable marijuana, except that the
22tax does not apply to sales of usable marijuana to an individual who holds a valid tax
23exemption certificate issued under s. 73.17 (4).
AB440-SSA1,25,2
24(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
25to the department no later than the 15th day of the month following the month in
1which the person's tax liability is incurred and shall include with the payment a
2return on a form prescribed by the department.
AB440-SSA1,25,7
3(3) For purposes of this section, a marijuana producer may not sell marijuana
4directly to a marijuana distributor or marijuana retailer, and a marijuana retailer
5may purchase usable marijuana for resale only from a marijuana distributor. This
6subsection does not apply to a microbusiness that transfers marijuana or usable
7marijuana to another operation with the microbusiness.
AB440-SSA1,25,13
8139.972 Permits required. (1) (a) No person may operate in this state as a
9marijuana producer, marijuana processor, marijuana distributor, marijuana
10retailer, or microbusiness without first filing an application for and obtaining the
11proper permit from the department to perform such operations. In addition, no
12person may operate in this state as a marijuana producer or marijuana processor
13without first filing an application for and obtaining the proper permit under s. 94.56.
AB440-SSA1,25,1614
(b) This section applies to all officers, directors, agents, and stockholders
15holding 5 percent or more of the stock of any corporation applying for a permit under
16this section.
AB440-SSA1,25,1817
(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
18not be granted to any person to whom any of the following applies:
AB440-SSA1,25,2019
1. The person has been convicted of a violent misdemeanor, as defined in s.
20941.29 (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)
22(a), unless pardoned.
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3. During the preceding 3 years, the person has been committed under s. 51.20
24for being drug dependent.
AB440-SSA1,26,5
14. The person chronically and habitually uses alcohol beverages or other
2substances to the extent that his or her normal faculties are impaired. A person is
3presumed to chronically and habitually use alcohol beverages or other substances to
4the extent that his or her normal faculties are impaired if, within the preceding 3
5years, any of the following applies:
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a. The person has been committed for involuntary treatment under s. 51.45
7(13).
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b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB440-SSA1,26,189
c. In 2 or more cases arising out of separate incidents, a court has found the
10person to have committed a violation of s. 346.63 or a local ordinance in conformity
11with that section; a violation of a law of a federally recognized American Indian tribe
12or band in this state in conformity with s. 346.63; or a violation of the law of another
13jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
14intoxicated, while under the influence of a controlled substance, a controlled
15substance analog, or a combination thereof, with an excess or specified range of
16alcohol concentration, or while under the influence of any drug to a degree that
17renders the person incapable of safely driving, as those or substantially similar
18terms are used in that jurisdiction's laws.
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5. The person has income that comes principally from gambling or has been
20convicted 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 of crimes relating to loaning money or
23anything 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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19. The person has not been a resident of this state continuously for at least 90
2days prior to the application date.
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(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
4employees may not receive a permit under this section to operate as a marijuana
5distributor or marijuana retailer unless the applicant certifies to the department
6that the applicant has entered into a labor peace agreement, as defined in s. 94.56
7(1) (a), and will abide by the terms of the agreement as a condition of maintaining
8a valid permit under this section. The applicant shall submit to the department a
9copy of the page of the labor peace agreement that contains the signatures of the
10union representative and the applicant.
AB440-SSA1,27,2211
(cn) The department shall use a competitive scoring system to determine which
12applicants are eligible to receive a permit under this section. The department shall
13issue permits to the highest scoring applicants that it determines will best protect
14the environment; provide stable, family-supporting jobs to local residents; ensure
15worker and consumer safety; operate secure facilities; and uphold the laws of the
16jurisdictions in which they operate. The department shall, using criteria established
17by rule, score an applicant for a permit to operate as a marijuana retailer on the
18applicant's ability to articulate a social equity plan related to the operation of a
19marijuana retail establishment. The department may deny a permit to an applicant
20with a low score as determined under this paragraph. The department may request
21that the applicant provide any information or documentation that the department
22deems necessary for purposes of making a determination under this paragraph.
AB440-SSA1,28,523
(d) 1. Before the department issues a new or renewed permit under this section,
24the department shall give notice of the permit application to the governing body of
25the municipality where the permit applicant intends to operate the premises of a
1marijuana producer, marijuana processor, marijuana distributor, marijuana
2retailer, or microbusiness. No later than 30 days after the department submits the
3notice, the governing body of the municipality may file with the department a written
4objection to granting or renewing the permit. At the municipality's request, the
5department 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
7the objection is based. In determining whether to grant or deny a permit for which
8an objection has been filed under this paragraph, the department shall give
9substantial weight to objections from a municipality based on chronic illegal activity
10associated with the premises for which the applicant seeks a permit or the premises
11of any other operation in this state for which the applicant holds or has held a valid
12permit or license, the conduct of the applicant's patrons inside or outside the
13premises of any other operation in this state for which the applicant holds or has held
14a valid permit or license, and local zoning ordinances. In this subdivision, “
chronic
15illegal activity" means a pervasive pattern of activity that threatens the public
16health, safety, and welfare of the municipality, including any crime or ordinance
17violation, and that is documented in crime statistics, police reports, emergency
18medical response data, calls for service, field data, or similar law enforcement agency
19records.
AB440-SSA1,28,2420
(e) After denying a permit, the department shall immediately notify the
21applicant in writing of the denial and the reasons for the denial. After making a
22decision to grant or deny a permit for which a municipality has filed an objection
23under par. (d), the department shall immediately notify the governing body of the
24municipality in writing of its decision and the reasons for the decision.
AB440-SSA1,29,2
1(f) 1. The department's denial of a permit under this section is subject to judicial
2review under ch. 227.