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1Section
5. 20.566 (9) of the statutes is created to read:
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20.566
(9) Medical marijuana regulatory commission. (q)
General program
3operations and enforcement. From the medical marijuana fund, the amounts in the
4schedule for general program operations, administration, and enforcement of ss.
573.17 and 73.18 and subch. IV of ch. 139.
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6Section
6. 20.923 (4) (e) 13. of the statutes is created to read:
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20.923
(4) (e) 13. Revenue, department of: medical marijuana regulatory
8commission: members and chairperson.
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9Section
7. 20.923 (6) (hp) of the statutes is created to read:
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20.923
(6) (hp) Revenue, department of: medical marijuana regulatory
11commission: all positions other than the members and chairperson.
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12Section
8. 25.56 of the statutes is created to read:
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1325.56 Medical marijuana fund. There is established a separate nonlapsible
14trust fund, designated as the medical marijuana fund, consisting of all revenue from
15the fees, taxes, interest, and penalties under ss. 73.17 and 73.18 and subch. IV of ch.
16139.
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17Section
9. Chapter 73 (title) of the statutes is amended to read:
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CHAPTER 73
19
TAX APPEALS COMMISSION
,
20
medical marijuana regulatory
21
commission, AND DEPARTMENT
22
OF REVENUE
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23Section
10. 73.17 of the statutes is created to read:
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2473.17 Medical marijuana; licensees.
(1) Definitions. In this section:
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(a) “Child care center” has the meaning given in s. 49.136 (1) (ad).
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1(b) “Commission” means the medical marijuana regulatory commission.
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(c) “Dispensary” means a person who obtains packaged and labeled medical
3marijuana from a licensed processor and dispenses that marijuana at a permanent
4location to qualifying patients or primary caregivers holding a valid registry
5identification card issued under s. 73.18 (3), regardless of whether the dispensing is
6done in exchange for monetary consideration.
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(d) “Laboratory” means a person who obtains medical marijuana from a
8licensed processor and tests that medical marijuana for tetrahydrocannabinol
9content and the presence of molds, pesticides, heavy metals, and other
10contaminants.
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(e) “Licensee” means a producer, processor, dispensary, transporter, or
12laboratory that holds a valid license under this section.
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(f) “Marijuana" has the meaning given in s. 961.01 (14).
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(g) “Medical marijuana" has the meaning given in s. 73.18 (1) (e).
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(gm) “Primary caregiver" has the meaning given in s. 73.18 (1) (h).
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(h) “Processor" means a person who obtains marijuana from a licensed
17producer, processes the marijuana into medical marijuana, packages and labels the
18medical marijuana, and transfers or sells the packaged and labeled medical
19marijuana to a licensed dispensary.
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(i) “Producer” means a person who plants, grows, cultivates, and harvests
21marijuana and transfers or sells the marijuana to a licensed processor.
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(im) "Qualifying patient" has the meaning given in s. 961.01 (20hm).
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(j) “School” has the meaning given in s. 118.257 (1) (d).
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(k) “Transporter” means a person who transports marijuana or medical
25marijuana to other licensees.
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1(2) Annual license required. No person may operate in this state as a
2producer, processor, dispensary, transporter, or laboratory without a license issued
3by the commission under this section. A person who engages in more than one of
4these activities shall obtain a separate license for each activity. A person who
5operates more than one dispensary location shall obtain a separate license for each
6location. A person who is an employee of a licensee is not required to obtain a
7separate license. A license issued under this section expires after one year. A person
8is not required to obtain a license under this section if the person handles only
9industrial hemp and holds a valid license under s. 94.55.
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10(3) License criteria. The commission may issue a license to a producer,
11processor, dispensary, transporter, or laboratory if the commission determines that
12all of the following requirements are met:
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(a) Notwithstanding ss. 111.321, 111.322, and 111.335, the applicant, or each
14principal officer or board member of the applicant, has never been convicted of a
15criminal violation of the federal Controlled Substances Act under
21 USC 801 to
971,
16the Uniform Controlled Substances Act under ch. 961, or any controlled substances
17law of another state. The commission shall determine whether this requirement is
18met on the basis of a criminal history search obtained from the records maintained
19by the department of justice for each of these persons. The department of justice
20shall provide information to the commission necessary to determine whether this
21requirement is met.
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(b) The applicant, or each principal officer or board member of the applicant,
23is at least 21 years of age.