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12(9) “Microbusiness” means a marijuana producer that produces marijuana in
13one area that is less than 10,000 square feet and who also operates as any 2 of the
14following:
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(a) A marijuana processor.
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(b) A marijuana distributor.
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(c) A marijuana retailer.
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18(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
19distributor, marijuana retailer, or microbusiness that is issued a permit under s.
20139.972.
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21(11) “Retail outlet" means a location for the retail sale of usable marijuana.
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22(12) “Sales price" has the meaning given in s. 77.51 (15b).
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23(13) “Usable marijuana" means marijuana that has been processed for human
24consumption and includes dried marijuana flowers, marijuana-infused products,
25and marijuana edibles.
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1139.971 Marijuana tax.
(1) (a) An excise tax is imposed on a marijuana
2producer at the rate of 15 percent of the sales price on each wholesale sale or transfer
3in this state of marijuana to a marijuana processor. This paragraph applies to a
4microbusiness that transfers marijuana to a processing operation within the
5microbusiness.
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(b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent
7of the sales price on each retail sale in this state of usable marijuana.
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8(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
9to the department no later than the 15th day of the month following the month in
10which the person's tax liability is incurred and shall include with the payment a
11return on a form prescribed by the department.
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12(3) For purposes of this section, a marijuana producer may not sell marijuana
13directly to a marijuana distributor or marijuana retailer, and a marijuana retailer
14may purchase usable marijuana for resale only from a marijuana distributor. This
15subsection does not apply to a microbusiness that transfers marijuana or usable
16marijuana to another operation with the microbusiness.
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17139.972 Permits required. (1) (a) No person may operate in this state as a
18marijuana producer, marijuana processor, marijuana distributor, marijuana
19retailer, or microbusiness without first filing an application for and obtaining the
20proper permit from the department to perform such operations. In addition, no
21person may operate in this state as a marijuana producer or marijuana processor
22without first filing an application for and obtaining the proper permit under s. 94.56.
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(b) This section applies to all officers, directors, agents, and stockholders
24holding 5 percent or more of the stock of any corporation applying for a permit under
25this section.
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1(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
2not be granted to any person to whom any of the following applies:
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1. The person has been convicted of a violent misdemeanor, as defined in s.
4941.29 (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)
6(a), unless pardoned.
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3. During the preceding 3 years, the person has been committed under s. 51.20
8for being drug dependent.
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4. The person chronically and habitually uses alcohol beverages or other
10substances to the extent that his or her normal faculties are impaired. A person is
11presumed to chronically and habitually use alcohol beverages or other substances to
12the extent that his or her normal faculties are impaired if, within the preceding 3
13years, any of the following applies:
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a. The person has been committed for involuntary treatment under s. 51.45
15(13).
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b. The person has been convicted of a violation of s. 941.20 (1) (b).
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c. In 2 or more cases arising out of separate incidents, a court has found the
18person to have committed a violation of s. 346.63 or a local ordinance in conformity
19with that section; a violation of a law of a federally recognized American Indian tribe
20or band in this state in conformity with s. 346.63; or a violation of the law of another
21jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
22intoxicated, while under the influence of a controlled substance, a controlled
23substance analog, or a combination thereof, with an excess or specified range of
24alcohol concentration, or while under the influence of any drug to a degree that
1renders the person incapable of safely driving, as those or substantially similar
2terms are used in that jurisdiction's laws.
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5. The person has income that comes principally from gambling or has been
4convicted of 2 or more gambling offenses.
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6. The person has been guilty of crimes relating to prostitution.
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7. The person has been guilty of crimes relating to loaning money or anything
7of 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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9. The person has not been a resident of this state continuously for at least 90
10days prior to the application date.
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(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
12employees may not receive a permit under this section to operate as a marijuana
13distributor or marijuana retailer unless the applicant certifies to the department
14that the applicant has entered into a labor peace agreement, as defined in s. 94.56
15(1) (a), and will abide by the terms of the agreement as a condition of maintaining
16a valid permit under this section. The applicant shall submit to the department a
17copy of the page of the labor peace agreement that contains the signatures of the
18union representative and the applicant.
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(cn) The department shall use a competitive scoring system to determine which
20applicants are eligible to receive a permit under this section. The department shall
21issue permits to the highest scoring applicants that it determines will best protect
22the environment; provide stable, family-supporting jobs to local residents; ensure
23worker and consumer safety; operate secure facilities; and uphold the laws of the
24jurisdictions in which they operate. The department may deny a permit to an
25applicant with a low score, as determined under this paragraph. The department
1may request that the applicant provide any information or documentation that the
2department deems necessary for purposes of making a determination under this
3paragraph.