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19(8) “Marijuana retailer" means a person in this state that sells usable
20marijuana at a retail outlet.
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21(9) “Microbusiness” means a marijuana producer that produces marijuana in
22one area that is less than 10,000 square feet and who also operates as any 2 of the
23following:
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(a) A marijuana processor.
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(b) A marijuana distributor.
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1(c) A marijuana retailer.
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2(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
3distributor, marijuana retailer, or microbusiness that is issued a permit under s.
4139.972.
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5(11) “Retail outlet" means a location for the retail sale of usable marijuana.
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6(12) “Sales price" has the meaning given in s. 77.51 (15b).
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7(13) “Usable marijuana" means marijuana that has been processed for human
8consumption and includes dried marijuana flowers, marijuana-infused products,
9and marijuana edibles.
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10139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
11producer at the rate of 15 percent of the sales price on each wholesale sale or transfer
12in this state of marijuana to a marijuana processor. This paragraph applies to a
13microbusiness that transfers marijuana to a processing operation within the
14microbusiness.
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(b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent
16of the sales price on each retail sale in this state of usable marijuana, except that the
17tax does not apply to sales of usable marijuana to an individual who holds a valid tax
18exemption certificate issued under s. 73.17 (4).
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19(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
20to the department no later than the 15th day of the month following the month in
21which the person's tax liability is incurred and shall include with the payment a
22return on a form prescribed by the department.
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23(3) For purposes of this section, a marijuana producer may not sell marijuana
24directly to a marijuana distributor or marijuana retailer, and a marijuana retailer
25may purchase usable marijuana for resale only from a marijuana distributor. This
1subsection does not apply to a microbusiness that transfers marijuana or usable
2marijuana to another operation with the microbusiness.
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3139.972 Permits required. (1) (a) No person may operate in this state as a
4marijuana producer, marijuana processor, marijuana distributor, marijuana
5retailer, or microbusiness without first filing an application for and obtaining the
6proper permit from the department to perform such operations. In addition, no
7person may operate in this state as a marijuana producer or marijuana processor
8without 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
10holding 5 percent or more of the stock of any corporation applying for a permit under
11this section.
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(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
13not 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.
15941.29 (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)
17(a), unless pardoned.
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3. During the preceding 3 years, the person has been committed under s. 51.20
19for being drug dependent.
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4. The person chronically and habitually uses alcohol beverages or other
21substances to the extent that his or her normal faculties are impaired. A person is
22presumed to chronically and habitually use alcohol beverages or other substances to
23the extent that his or her normal faculties are impaired if, within the preceding 3
24years, any of the following applies:
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1a. The person has been committed for involuntary treatment under s. 51.45
2(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
5person to have committed a violation of s. 346.63 or a local ordinance in conformity
6with that section; a violation of a law of a federally recognized American Indian tribe
7or band in this state in conformity with s. 346.63; or a violation of the law of another
8jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
9intoxicated, while under the influence of a controlled substance, a controlled
10substance analog, or a combination thereof, with an excess or specified range of
11alcohol concentration, or while under the influence of any drug to a degree that
12renders the person incapable of safely driving, as those or substantially similar
13terms are used in that jurisdiction's laws.
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5. The person has income that comes principally from gambling or has been
15convicted 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
18anything 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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9. The person has not been a resident of this state continuously for at least 90
21days prior to the application date.
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(cm) An applicant with 20 or more employees may not receive a permit under
23this section to operate as a marijuana distributor or marijuana retailer unless the
24applicant certifies to the department that the applicant has entered into a labor
25peace agreement, as defined in s. 94.56 (1) (a), and will abide by the terms of the
1agreement as a condition of maintaining a valid permit under this section. The
2applicant shall submit to the department a copy of the page of the labor peace
3agreement that contains the signatures of the labor organization representative and
4the applicant.