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9(10) (a) A marijuana processor or a microbusiness that operates as a marijuana
10processor shall affix a label to all usable marijuana that the marijuana processor or
11microbusiness sells to marijuana distributors. The label may not be designed to
12appeal to persons under the age of 18. The label shall include all of the following:
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1. The ingredients and the tetrahydrocannabinols concentration in the usable
14marijuana.
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2. The producer's business or trade name.
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3. The licensee or registrant number.
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4. The unique identification number.
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5. The harvest date.
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6. The strain name and product identity.
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7. The net weight.
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8. The activation time.
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9. The name of laboratory performing any test, the test batch number, and the
23test analysis dates.
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10. The logotype for recreational marijuana developed by the department of
25agriculture, trade and consumer protection under s. 100.145.
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111. Warnings about the risks of marijuana use and pregnancy and risks of
2marijuana use by persons under the age of 18.
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(b) No marijuana processor or microbusiness that operates as a marijuana
4processor may make usable marijuana using marijuana grown outside this state.
5The label on each package of usable marijuana may indicate that the usable
6marijuana is made in this state.
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7(11) (a) No permittee may sell marijuana or usable marijuana that contains
8more than 3 parts tetrahydrocannabinols to one part cannabidiol.
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(b) No permittee may sell marijuana or usable marijuana that tests positive
10under sub. (9) (a) for mold, fungus, pesticides, or other contaminants if the
11contaminants, or level of contaminants, are identified by a testing laboratory to be
12potentially unsafe to the consumer.
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13(12) Immediately after beginning employment with a permittee, every
14employee of a permittee shall receive training, approved by the department, on the
15safe handling of marijuana and usable marijuana and on security and inventory
16accountability procedures.
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17(13) The department shall deposit 60 percent of all moneys received under this
18subchapter into the community reinvestment fund.
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19139.974 Records and reports. (1) Every permittee shall keep accurate and
20complete records of the production and sales of marijuana and usable marijuana in
21this state. The records shall be kept on the premises described in the permit and in
22such manner as to ensure permanency and accessibility for inspection at reasonable
23hours by the department's authorized personnel. The department shall prescribe
24reasonable and uniform methods of keeping records and making reports and shall
25provide the necessary forms to permittees.
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1(2) If the department determines that any permittee's records are not kept in
2the prescribed form or are in such condition that the department requires an unusual
3amount of time to determine from the records the amount of the tax due, the
4department shall give notice to the permittee that the permittee is required to revise
5the permittee's records and keep them in the prescribed form. If the permittee fails
6to comply within 30 days, the permittee shall pay the expenses reasonably
7attributable to a proper examination and tax determination at the rate of $30 a day
8for each auditor used to make the examination and determination. The department
9shall send a bill for such expenses, and the permittee shall pay the amount of such
10bill within 10 days.
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11(3) If any permittee fails to file a report when due, the permittee shall be
12required to pay a late filing fee of $10. A report that is mailed is filed on time if it is
13mailed in a properly addressed envelope with postage prepaid, the envelope is
14officially postmarked, or marked or recorded electronically as provided under section
157502 (f) (2) (c) of the Internal Revenue Code, on the date due, and the report is
16actually received by the department or at the destination that the department
17prescribes within 5 days of the due date. A report that is not mailed is timely if it
18is received on or before the due date by the department or at the destination that the
19department prescribes. For purposes of this subsection, “mailed" includes delivery
20by a delivery service designated under section
7502 (f) of the Internal Revenue Code.
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21(4) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating
22to confidentiality of income, franchise, and gift tax returns, apply to any information
23obtained from any permittee under this subchapter on a tax return, report, schedule,
24exhibit, or other document or from an audit report relating to any of those documents,
25except that the department shall publish production and sales statistics.
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1139.975 Administration and enforcement. (1) The department shall
2administer and enforce this subchapter and promulgate rules necessary to
3administer and enforce this subchapter.
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4(2) The duly authorized employees of the department have all necessary police
5powers to prevent violations of this subchapter.
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6(3) Authorized personnel of the department of justice and the department of
7revenue, and any law enforcement officer, within their respective jurisdictions, may
8at all reasonable hours enter the premises of any permittee and examine the books
9and records to determine whether the tax imposed by this subchapter has been fully
10paid and may enter and inspect any premises where marijuana or usable marijuana
11is produced, processed, made, sold, or stored to determine whether the permittee is
12complying with this subchapter.
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13(4) The department may suspend or revoke the permit of any permittee who
14violates s. 100.30, any provision of this subchapter, or any rules promulgated under
15sub. (1). The department shall revoke the permit of any permittee who violates s.
16100.30 3 or more times within a 5-year period.
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17(5) No suit shall be maintained in any court to restrain or delay the collection
18or payment of the tax levied in s. 139.971. The aggrieved taxpayer shall pay the tax
19when due and, if paid under protest, may at any time within 90 days from the date
20of payment sue the state to recover the tax paid. If it is finally determined that any
21part of the tax was wrongfully collected, the secretary of administration shall pay the
22amount wrongfully collected. A separate suit need not be filed for each separate
23payment made by any taxpayer, but a recovery may be had in one suit for as many
24payments as may have been made.
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1(6) (a) Any person may be compelled to testify in regard to any violation of this
2subchapter of which the person may have knowledge, even though such testimony
3may tend to incriminate the person, upon being granted immunity from prosecution
4in connection with the testimony, and upon the giving of such testimony, the person
5shall not be prosecuted because of the violation relative to which the person has
6testified.
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(b) The immunity provided under par. (a) is subject to the restrictions under
8s. 972.085.
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9(7) The provisions on timely filing under s. 71.80 (18) apply to the tax imposed
10under this subchapter.