AB220,75 6Section 75 . 77.52 (13) of the statutes is amended to read:
AB220,33,187 77.52 (13) For the purpose of the proper administration of this section and to
8prevent evasion of the sales tax it shall be presumed that all receipts are subject to
9the tax until the contrary is established. The burden of proving that a sale of tangible
10personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services
11is not a taxable sale at retail is upon the person who makes the sale unless that
12person takes from the purchaser an electronic or a paper certificate, in a manner
13prescribed by the department, to the effect that the property, item, good, or service
14is purchased for resale or is otherwise exempt, except that no certificate is required
15for the sale of tangible personal property, or items, property, or goods under sub. (1)
16(b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10),
17(11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46),
18(51), (52), (66), and (67), and (69).
AB220,76 19Section 76 . 77.53 (10) of the statutes is amended to read:
AB220,34,720 77.53 (10) For the purpose of the proper administration of this section and to
21prevent evasion of the use tax and the duty to collect the use tax, it is presumed that
22tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or
23(d), or taxable services sold by any person for delivery in this state is sold for storage,
24use, or other consumption in this state until the contrary is established. The burden
25of proving the contrary is upon the person who makes the sale unless that person

1takes from the purchaser an electronic or paper certificate, in a manner prescribed
2by the department, to the effect that the property, or items, property, or goods under
3s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise
4exempt from the tax, except that no certificate is required for the sale of tangible
5personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
6services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n),
7(21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (67), and (69).
AB220,77 8Section 77 . 77.54 (69) of the statutes is created to read:
AB220,34,119 77.54 (69) The sales price from the sale of and the storage, use, or other
10consumption of usable marijuana, as defined in s. 139.97 (13), provided by a
11compassion center, as defined in s. 50.80 (1).
AB220,78 12Section 78 . 94.56 of the statutes is created to read:
AB220,34,14 1394.56 Marijuana producers and processors. (1) Definitions. In this
14section:
AB220,34,1715 (a) “Labor peace agreement” means an agreement between a person applying
16for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
17that does all of the following:
AB220,34,2018 1. Prohibits labor organizations and its members from engaging in picketing,
19work stoppages, boycotts, and any other economic interference with persons doing
20business in this state.
AB220,34,2221 2. Prohibits the applicant from disrupting the efforts of the labor organization
22to communicate with and to organize and represent the applicant's employees.
AB220,35,223 3. Provides the labor organization access at reasonable times to areas in which
24the applicant's employees work for the purpose of meeting with employees to discuss

1their right to representation, employment rights under state law, and terms and
2conditions of employment.
AB220,35,33 (b) “Marijuana" has the meaning given in s. 961.70 (3).
AB220,35,44 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
AB220,35,55 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).
AB220,35,66 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
AB220,35,87 (f) “Permittee” means a marijuana producer or marijuana processor who is
8issued a permit under this section.
AB220,35,14 9(2) Permit required. (a) No person may operate in this state as a marijuana
10producer or marijuana processor without a permit from the department. A person
11who acts as a marijuana producer and a marijuana processor shall obtain a separate
12permit for each activity. A person is not required to obtain a permit under this section
13if the person produces or processes only industrial hemp and holds a valid license
14under s. 94.55.
AB220,35,1715 (b) This subsection applies to all officers, directors, agents, and stockholders
16holding 5 percent or more of the stock of any corporation applying for a permit under
17this section.
AB220,35,1918 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
19not be granted to any person to whom any of the following applies:
AB220,35,2120 1. The person has been convicted of a violent misdemeanor, as defined in s.
21941.29 (1g) (b), at least 3 times.
AB220,35,2322 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
23(a), unless pardoned.
AB220,35,2524 3. During the preceding 3 years, the person has been committed under s. 51.20
25for being drug dependent.
AB220,36,5
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:
AB220,36,76 a. The person has been committed for involuntary treatment under s. 51.45
7(13).
AB220,36,88 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB220,36,189 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.
AB220,36,2019 5. The person has income that comes principally from gambling or has been
20convicted of 2 or more gambling offenses.
AB220,36,2121 6. The person has been guilty of crimes relating to prostitution.
AB220,36,2322 7. The person has been guilty of crimes relating to loaning money or anything
23of value to persons holding licenses or permits pursuant to ch. 125.
AB220,36,2424 8. The person is under the age of 21.
AB220,37,2
19. The person has not been a resident of this state continuously for at least 90
2days prior to the application date.
AB220,37,93 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
4employees may not receive a permit under this section unless the applicant certifies
5to the department that the applicant has entered into a labor peace agreement and
6will abide by the terms of the agreement as a condition of maintaining a valid permit
7under this section. The applicant shall submit to the department a copy of the page
8of the labor peace agreement that contains the signatures of the union representative
9and the applicant.
AB220,37,1910 (cn) The department shall use a competitive scoring system to determine which
11applicants are eligible to receive a permit under this section. The department shall
12issue permits to the highest scoring applicants that it determines will best protect
13the environment; provide stable, family-supporting jobs to local residents; ensure
14worker and consumer safety; operate secure facilities; and uphold the laws of the
15jurisdictions in which they operate. The department may deny a permit to an
16applicant with a low score, as determined under this paragraph. The department
17may request that the applicant provide any information or documentation that the
18department deems necessary for purposes of making a determination under this
19paragraph.
AB220,38,220 (d) 1. Before the department issues a new or renewed permit under this section,
21the department shall give notice of the permit application to the governing body of
22the municipality where the permit applicant intends to operate the premises of a
23marijuana producer or marijuana processor. No later than 30 days after the
24department submits the notice, the governing body of the municipality may file with

1the department a written objection to granting or renewing the permit. At the
2municipality's request, the department may extend the period for filing objections.
AB220,38,153 2. A written objection filed under subd. 1. shall provide all the facts on which
4the objection is based. In determining whether to grant or deny a permit for which
5an objection has been filed under this paragraph, the department shall give
6substantial weight to objections from a municipality based on chronic illegal activity
7associated with the premises for which the applicant seeks a permit, the premises
8of any other operation in this state for which the applicant holds or has held a valid
9permit or license, the conduct of the applicant's patrons inside or outside the
10premises of any other operation in this state for which the applicant holds or has held
11a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
12illegal activity" means a pervasive pattern of activity that threatens the public
13health, safety, and welfare of the municipality, including any crime or ordinance
14violation, and is documented in crime statistics, police reports, emergency medical
15response data, calls for service, field data, or similar law enforcement agency records.
AB220,38,2016 (e) After denying a permit, the department shall immediately notify the
17applicant in writing of the denial and the reasons for the denial. After making a
18decision to grant or deny a permit for which a municipality has filed an objection
19under par. (d), the department shall immediately notify the governing body of the
20municipality in writing of its decision and the reasons for the decision.
AB220,38,2221 (f) 1. The department's denial of a permit under this section is subject to judicial
22review under ch. 227.
AB220,38,2423 2. The department's decision to grant a permit under this section regardless of
24an objection filed under par. (d) is subject to judicial review under ch. 227.
AB220,39,2
1(g) The department shall not issue a permit under this section to any person
2who does not hold a valid certificate under s. 73.03 (50).
AB220,39,8 3(3) Fees; term. (a) Each person who applies for a permit under this section
4shall submit with the application a $250 fee. A permit issued under this section is
5valid for one year and may be renewed, except that the department may revoke or
6suspend a permit prior to its expiration. A person is not entitled to a refund of the
7fees paid under this subsection if the person's permit is denied, revoked, or
8suspended.
AB220,39,129 (b) A permittee shall annually pay to the department a fee for as long as the
10person holds a valid permit under this section. The annual fee for a marijuana
11processor permittee is $2,000. The annual fee for a marijuana producer permittee
12is one of the following, unless the department, by rule, establishes a higher amount:
AB220,39,1413 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
14marijuana plants, $1,800.
AB220,39,1615 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
16not more than 3,600 marijuana plants, $2,900.
AB220,39,1817 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
18not more than 6,000 marijuana plants, $3,600.
AB220,39,2019 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
20not more than 10,200 marijuana plants, $5,100.
AB220,39,2221 5. If the permittee plants, grows, cultivates, or harvests more than 10,200
22marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
AB220,39,25 23(4) Schools. The department may not issue a permit under this section to
24operate as a marijuana producer within 500 feet of the perimeter of the grounds of
25any elementary or secondary school.
AB220,40,8
1(5) Education and awareness campaign. The department shall develop and
2make available training programs for marijuana producers on how to safely and
3efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for
4marijuana processors on how to safely and efficiently produce and handle marijuana
5products and test marijuana for contaminants. The department shall conduct an
6awareness campaign to inform potential marijuana producers and marijuana
7processors of the availability and viability of marijuana as a crop or product in this
8state.
AB220,40,11 9(6) Rules. The department shall promulgate rules necessary to administer and
10enforce this section, including rules relating to the inspection of the plants, facilities,
11and products of permittees and training requirements for employees of permittees.
AB220,40,15 12(7) Penalties. (a) Any person who violates the requirements under sub. (2) or
13(3) or any of the requirements established by the rules promulgated under sub. (6)
14shall be fined not less than $100 nor more than $500 or imprisoned not more than
156 months or both.
AB220,40,1916 (b) In addition to the penalties imposed under par. (a), the department shall
17revoke the permit of any person convicted of any violation described under par. (a)
18and not issue another permit to that person for a period of 2 years following the
19revocation.
AB220,79 20Section 79 . 100.145 of the statutes is created to read:
AB220,40,24 21100.145 Recreational marijuana logotype. The department shall design
22an official logotype, appropriate for including on a label affixed to recreational
23marijuana under s. 139.973 (10) (a). The department shall design the logotype to be
24distinguishable from any logotype for medical marijuana.
AB220,80 25Section 80 . 108.02 (18r) of the statutes is created to read:
AB220,41,1
1108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).
AB220,81 2Section 81 . 108.04 (5m) of the statutes is created to read:
AB220,41,73 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
4“misconduct," for purposes of sub. (5), does not include the employee's use of
5marijuana off the employer's premises during nonworking hours or a violation of the
6employer's policy concerning such use, unless termination of the employee because
7of that use is permitted under s. 111.35.
AB220,41,118 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
9not include the employee's use of marijuana off the employer's premises during
10nonworking hours or a violation of the employer's policy concerning such use, unless
11termination of the employee because of that use is permitted under s. 111.35.
AB220,82 12Section 82 . 108.133 (1) (a) of the statutes is renumbered 108.133 (1) (a) 1. and
13amended to read:
AB220,41,1514 108.133 (1) (a) 1. Notwithstanding s. 108.02 (9), “controlled substance" has the
15meaning given in 21 USC 802, except as provided in subd. 2.
AB220,83 16Section 83 . 108.133 (1) (a) 2. of the statutes is created to read:
AB220,41,2017 108.133 (1) (a) 2. “Controlled substance” does not include
18tetrahydrocannabinols, commonly known as “THC," in any form including
19tetrahydrocannabinols contained in marijuana, obtained from marijuana, or
20chemically synthesized.
AB220,84 21Section 84 . 111.32 (9m) of the statutes is created to read:
AB220,41,2222 111.32 (9m) “Lawful product” includes marijuana.
AB220,85 23Section 85 . 111.32 (11m) of the statutes is created to read:
AB220,42,224 111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis,
25whether growing or not; the seeds thereof; the resin extracted from any part of the

1plant; and every compound, manufacture, salt, derivative, mixture, or preparation
2of the plant, its seeds or resin, including tetrahydrocannabinols.
AB220,86 3Section 86 . 111.35 (2) (e) of the statutes is amended to read:
AB220,42,64 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
5This paragraph does not apply with respect to violations concerning marijuana or
6tetrahydrocannabinols under 21 USC 841 to 865.
AB220,87 7Section 87 . 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
AB220,42,148 114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
9order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
10assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
11examination of the person's use of alcohol, tetrahydrocannabinols, controlled
12substances, or controlled substance analogs and development of an airman safety
13plan for the person. The court shall notify the person, the department, and the proper
14federal agency of the assessment order. The assessment order shall:
AB220,88 15Section 88 . 114.09 (2) (bm) 4. of the statutes is amended to read:
AB220,43,216 114.09 (2) (bm) 4. The assessment report shall order compliance with an
17airman safety plan. The report shall inform the person of the fee provisions under
18s. 46.03 (18) (f). The safety plan may include a component that makes the person
19aware of the effect of his or her offense on a victim and a victim's family. The safety
20plan may include treatment for the person's misuse, abuse, or dependence on alcohol,
21tetrahydrocannabinols, controlled substances, or controlled substance analogs. If
22the plan requires inpatient treatment, the treatment shall not exceed 30 days. An
23airman safety plan under this paragraph shall include a termination date consistent
24with the plan that shall not extend beyond one year. The county department under

1s. 51.42 shall assure notification of the department of transportation and the person
2of the person's compliance or noncompliance with assessment and treatment.
AB220,89 3Section 89 . 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
4amended to read:
AB220,43,145 115.35 (1) (a) (intro.) A critical health problems education program is
6established in the department. The program shall be a systematic and integrated
7program designed to provide appropriate learning experiences based on scientific
8knowledge of the human organism as it functions within its environment and
9designed to favorably influence the health, understanding, attitudes and practices
10of the individual child which will enable him or her to adapt to changing health
11problems of our society. The program shall be designed to educate youth with regard
12to critical health problems and shall include, but not be limited to, the following
13topics as the basis for comprehensive education curricula in all elementary and
14secondary schools: controlled
AB220,43,16 151. Controlled substances, as defined in s. 961.01 (4); controlled substance
16analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.
AB220,43,17 172. Mental health; sexually.
AB220,43,19 183. Sexually transmitted diseases, including acquired immunodeficiency
19syndrome; human.
AB220,43,20 204. Human growth and development; and.
AB220,43,21 215. Other related health and safety topics as determined by the department.
AB220,43,24 22(b) Participation in the human growth and development topic of the curricula
23described in par. (a) shall be entirely voluntary. The department may not require a
24school board to use a specific human growth and development curriculum.
AB220,90 25Section 90 . 115.35 (1) (a) 6. of the statutes is created to read:
AB220,44,5
1115.35 (1) (a) 6. Beginning in the 2019-20 school year, the program shall also
2include scientific, evidence-based and grade-level-appropriate information about
3the common uses of marijuana, how marijuana use affects an individual's behavior,
4body, and brain, and the health and behavior risks associated with marijuana use
5and abuse.
AB220,91 6Section 91 . 121.02 (1) (L) 8. of the statutes is created to read:
AB220,44,97 121.02 (1) (L) 8. Beginning in the 2019-20 school year, as part of the health
8curriculum, in one of grades 5 to 8 and in one of grades 9 to 12, provide pupils with
9the instruction about marijuana described in s. 115.35 (1) (a) 6.
AB220,92 10Section 92 . Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
11created to read:
AB220,44,1212 chapter 139
AB220,44,1313 subchapter Iv
AB220,44,1414 marijuana tax and regulation
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