111.35 (2) (e) of the statutes is amended to read:
(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.
114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
(bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall 9
order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an 10
assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for 11
examination of the person's use of alcohol, tetrahydrocannabinols,
substances, or controlled substance analogs and development of an airman safety 13
plan for the person. The court shall notify the person, the department, and the proper 14
federal agency of the assessment order. The assessment order shall:
114.09 (2) (bm) 4. of the statutes is amended to read:
(bm) 4. The assessment report shall order compliance with an 17
airman safety plan. The report shall inform the person of the fee provisions under 18
s. 46.03 (18) (f). The safety plan may include a component that makes the person 19
aware of the effect of his or her offense on a victim and a victim's family. The safety 20
plan may include treatment for the person's misuse, abuse, or dependence on alcohol, 21tetrahydrocannabinols,
controlled substances, or controlled substance analogs. If 22
the plan requires inpatient treatment, the treatment shall not exceed 30 days. An 23
airman safety plan under this paragraph shall include a termination date consistent 24
with the plan that shall not extend beyond one year. The county department under
s. 51.42 shall assure notification of the department of transportation and the person 2
of the person's compliance or noncompliance with assessment and treatment.
115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and 4
amended to read:
(a) (intro.) A critical health problems education program is 6
established in the department. The program shall be a systematic and integrated 7
program designed to provide appropriate learning experiences based on scientific 8
knowledge of the human organism as it functions within its environment and 9
designed to favorably influence the health, understanding, attitudes and practices 10
of the individual child which will enable him or her to adapt to changing health 11
problems of our society. The program shall be designed to educate youth with regard 12
to critical health problems and shall include, but not be limited to, the following 13
topics as the basis for comprehensive education curricula in all elementary and 14
secondary schools: controlled
substances, as defined in s. 961.01 (4); controlled substance 16
analogs, as defined in s. 961.01 (4m); alcohol; and
transmitted diseases, including acquired immunodeficiency 19
growth and development; and.
related health and safety topics as determined by the department
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 24
school board to use a specific human growth and development curriculum.
115.35 (1) (a) 6. of the statutes is created to read:
(a) 6. Beginning in the 2019-20 school year, the program shall also 2
include scientific, evidence-based and grade-level-appropriate information about 3
the common uses of marijuana, how marijuana use affects an individual's behavior, 4
body, and brain, and the health and behavior risks associated with marijuana use 5
121.02 (1) (L) 8. of the statutes is created to read:
(L) 8. Beginning in the 2019-20 school year, as part of the health 8
curriculum, in one of grades 5 to 8 and in one of grades 9 to 12, provide pupils with 9
the instruction about marijuana described in s. 115.35 (1) (a) 6.
Subchapter IV of chapter 139 [precedes 139.97] of the statutes is 11
created to read:
marijuana tax and regulation
In this subchapter:
“Department" means the department of revenue.
“Lot" means a definite quantity of marijuana or usable marijuana identified 18
by a lot number, every portion or package of which is consistent with the factors that 19
appear in the labeling.
“Lot number" means a number that specifies the person who holds a valid 21
permit under this subchapter and the harvesting or processing date for each lot.
“Marijuana" has the meaning given in s. 961.70 (3).
“Marijuana distributor” means a person in this state who purchases or 24
receives usable marijuana from a marijuana processor and who sells or otherwise
transfers the usable marijuana to a marijuana retailer or to a compassion center, as 2
defined in s. 50.80 (1), for the purpose of resale to consumers.
“Marijuana processor" means a person in this state who processes 4
marijuana into usable marijuana, packages and labels usable marijuana for sale in 5
retail outlets or in compassion centers, as defined in s. 50.80 (1), and sells at 6
wholesale or otherwise transfers usable marijuana to marijuana distributors.
“Marijuana producer" means a person in this state who produces marijuana 8
and sells it at wholesale or otherwise transfers it to marijuana processors.
“Marijuana retailer" means a person in this state that sells usable 10
marijuana at a retail outlet, not including a compassion center, as defined in s. 50.80 11
“Microbusiness” means a marijuana producer that produces marijuana in 13
one area that is less than 10,000 square feet and who also operates as any 2 of the 14
(a) A marijuana processor.
(b) A marijuana distributor.
(c) A marijuana retailer.
“Permittee" means a marijuana producer, marijuana processor, marijuana 19
distributor, marijuana retailer, or microbusiness that is issued a permit under s. 20
“Retail outlet" means a location for the retail sale of usable marijuana.
“Sales price" has the meaning given in s. 77.51 (15b).
“Usable marijuana" means marijuana that has been processed for human 24
consumption and includes dried marijuana flowers, marijuana-infused products, 25
and marijuana edibles.
1139.971 Marijuana tax.
(a) An excise tax is imposed on a marijuana 2
producer at the rate of 15 percent of the sales price on each wholesale sale or transfer 3
in this state of marijuana to a marijuana processor. This paragraph applies to a 4
microbusiness that transfers marijuana to a processing operation within the 5
(b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent 7
of the sales price on each retail sale in this state of usable marijuana.
Each person liable for the taxes imposed under sub. (1) shall pay the taxes 9
to the department no later than the 15th day of the month following the month in 10
which the person's tax liability is incurred and shall include with the payment a 11
return on a form prescribed by the department.
For purposes of this section, a marijuana producer may not sell marijuana 13
directly to a marijuana distributor or marijuana retailer, and a marijuana retailer 14
may purchase usable marijuana for resale only from a marijuana distributor. This 15
subsection does not apply to a microbusiness that transfers marijuana or usable 16
marijuana to another operation with the microbusiness.
17139.972 Permits required. (1)
(a) No person may operate in this state as a 18
marijuana producer, marijuana processor, marijuana distributor, marijuana 19
retailer, or microbusiness without first filing an application for and obtaining the 20
proper permit from the department to perform such operations. In addition, no 21
person may operate in this state as a marijuana producer or marijuana processor 22
without first filing an application for and obtaining the proper permit under s. 94.56.
(b) This section applies to all officers, directors, agents, and stockholders 24
holding 5 percent or more of the stock of any corporation applying for a permit under 25
(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may 2
not be granted to any person to whom any of the following applies:
1. The person has been convicted of a violent misdemeanor, as defined in s. 4
941.29 (1g) (b), at least 3 times.
2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g) 6
(a), unless pardoned.
3. During the preceding 3 years, the person has been committed under s. 51.20 8
for being drug dependent.
4. The person chronically and habitually uses alcohol beverages or other 10
substances to the extent that his or her normal faculties are impaired. A person is 11
presumed to chronically and habitually use alcohol beverages or other substances to 12
the extent that his or her normal faculties are impaired if, within the preceding 3 13
years, any of the following applies:
a. The person has been committed for involuntary treatment under s. 51.45 15
b. The person has been convicted of a violation of s. 941.20 (1) (b).
c. In 2 or more cases arising out of separate incidents, a court has found the 18
person to have committed a violation of s. 346.63 or a local ordinance in conformity 19
with that section; a violation of a law of a federally recognized American Indian tribe 20
or band in this state in conformity with s. 346.63; or a violation of the law of another 21
jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while 22
intoxicated, while under the influence of a controlled substance, a controlled 23
substance analog, or a combination thereof, with an excess or specified range of 24
alcohol concentration, or while under the influence of any drug to a degree that
renders the person incapable of safely driving, as those or substantially similar 2
terms are used in that jurisdiction's laws.
5. The person has income that comes principally from gambling or has been 4
convicted of 2 or more gambling offenses.
6. The person has been guilty of crimes relating to prostitution.
7. The person has been guilty of crimes relating to loaning money or anything 7
of value to persons holding licenses or permits pursuant to ch. 125.
8. The person is under the age of 21.
9. The person has not been a resident of this state continuously for at least 90 10
days prior to the application date.
(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more 12
employees may not receive a permit under this section to operate as a marijuana 13
distributor or marijuana retailer unless the applicant certifies to the department 14
that 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 16
a valid permit under this section. The applicant shall submit to the department a 17
copy of the page of the labor peace agreement that contains the signatures of the 18
union representative and the applicant.
(cn) The department shall use a competitive scoring system to determine which 20
applicants are eligible to receive a permit under this section. The department shall 21
issue permits to the highest scoring applicants that it determines will best protect 22
the environment; provide stable, family-supporting jobs to local residents; ensure 23
worker and consumer safety; operate secure facilities; and uphold the laws of the 24
jurisdictions in which they operate. The department may deny a permit to an 25
applicant with a low score, as determined under this paragraph. The department
may request that the applicant provide any information or documentation that the 2
department deems necessary for purposes of making a determination under this 3
(d) 1. Before the department issues a new or renewed permit under this section, 5
the department shall give notice of the permit application to the governing body of 6
the municipality where the permit applicant intends to operate the premises of a 7
marijuana producer, marijuana processor, marijuana distributor, marijuana 8
retailer, or microbusiness. No later than 30 days after the department submits the 9
notice, the governing body of the municipality may file with the department a written 10
objection to granting or renewing the permit. At the municipality's request, the 11
department may extend the period for filing objections.
2. A written objection filed under subd. 1. shall provide all the facts on which 13
the objection is based. In determining whether to grant or deny a permit for which 14
an objection has been filed under this paragraph, the department shall give 15
substantial weight to objections from a municipality based on chronic illegal activity 16
associated with the premises for which the applicant seeks a permit, the premises 17
of any other operation in this state for which the applicant holds or has held a valid 18
permit or license, the conduct of the applicant's patrons inside or outside the 19
premises of any other operation in this state for which the applicant holds or has held 20
a valid permit or license, and local zoning ordinances. In this subdivision, “
illegal activity" means a pervasive pattern of activity that threatens the public 22
health, safety, and welfare of the municipality, including any crime or ordinance 23
violation, and is documented in crime statistics, police reports, emergency medical 24
response data, calls for service, field data, or similar law enforcement agency records.
(e) After denying a permit, the department shall immediately notify the 2
applicant in writing of the denial and the reasons for the denial. After making a 3
decision to grant or deny a permit for which a municipality has filed an objection 4
under par. (d), the department shall immediately notify the governing body of the 5
municipality in writing of its decision and the reasons for the decision.
(f) 1. The department's denial of a permit under this section is subject to judicial 7
review under ch. 227.
2. The department's decision to grant a permit under this section regardless of 9
an objection filed under par. (d) is subject to judicial review under ch. 227.
(g) The department shall not issue a permit under this section to any person 11
who does not hold a valid certificate under s. 73.03 (50).
Each person who applies for a permit under this section shall submit with 13
the application a $250 fee. Each person who is granted a permit under this section 14
shall annually pay to the department a $2,000 fee for as long as the person holds a 15
valid permit under this section. A permit issued under this section is valid for one 16
year and may be renewed, except that the department may revoke or suspend a 17
permit prior to its expiration. A person is not entitled to a refund of the fees paid 18
under this subsection if the person's permit is denied, revoked, or suspended.
The department may not issue a permit under this section to operate any 20
premises which are within 500 feet of the perimeter of the grounds of any elementary 21
or secondary school, playground, recreation facility, child care facility, public park, 22
public transit facility, or library.
Under this section, a separate permit is required for and issued to each class 24
of permittee, and the permit holder may perform only the operations authorized by 25
the permit. A permit issued under this section is not transferable from one person
to another or from one premises to another. A separate permit is required for each 2
place in this state where the operations of a marijuana producer, marijuana 3
processor, marijuana distributor, marijuana retailer, or microbusiness occur, 4
including each retail outlet. No person who has been issued a permit to operate as 5
a marijuana retailer, or who has any direct or indirect financial interest in the 6
operation of a marijuana retailer, shall be issued a permit to operate as a marijuana 7
producer, marijuana processor, or marijuana distributor. A person who has been 8
issued a permit to operate as a microbusiness is not required to hold separate permits 9
to operate as a marijuana processor, marijuana distributor, or marijuana retailer, 10
but shall specify on the person's application for a microbusiness permit the activities 11
that the person will be engaged in as a microbusiness.
Each person issued a permit under this section shall post the permit in a 13
conspicuous place on the premises to which the permit relates.
14139.973 Regulation. (1)
(a) No permittee may employ an individual who is 15
under the age of 21 to work in the business to which the permit relates.
(b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an 17
individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the 18
A retail outlet shall sell no products or services other than usable marijuana 20
or paraphernalia intended for the storage or use of usable marijuana.
No marijuana retailer may allow a person who is under the age of 21 to enter 22
or be on the premises of a retail outlet in violation of s. 961.71 (2m).
The maximum amount of usable marijuana that a retail outlet may sell to 24
an individual consumer in a single transaction may not exceed the permissible 25
amount under s. 961.70 (5).
A marijuana retailer may not collect, retain, or distribute personal 2
information regarding the retailer's customers except that which is necessary to 3
complete a sale of usable marijuana.
No marijuana retailer may display any signage in a window, on a door, or 5
on the outside of the premises of a retail outlet that is visible to the general public 6
from a public right-of-way, other than a single sign that is no larger than 1,600 7
square inches identifying the retail outlet by the permittee's business or trade name.
No marijuana retailer may display usable marijuana in a manner that is 9
visible to the general public from a public right-of-way.
No marijuana retailer or employee of a retail outlet may consume, or allow 11
to be consumed, any usable marijuana on the premises of the retail outlet.
A marijuana retailer may operate a retail outlet only between the hours 13
of 8 a.m. and 8 p.m.
Except as provided under sub. (5), no marijuana producer, marijuana 15
processor, marijuana distributor, marijuana retailer, or microbusiness may place or 16
maintain, or cause to be placed or maintained, an advertisement of usable marijuana 17
in any form or through any medium.
(a) On a schedule determined by the department, every marijuana 19
producer, marijuana processor, or microbusiness shall submit representative 20
samples of the marijuana and usable marijuana produced or processed by the 21
marijuana producer, marijuana processor, or microbusiness to a testing laboratory 22
registered under s. 50.86 for testing marijuana and usable marijuana in order to 23
certify that the marijuana and usable marijuana comply with standards prescribed 24
by the department by rule, including testing for potency and for mold, fungus,
pesticides, and other contaminants. The laboratory testing the sample shall destroy 2
any part of the sample that remains after the testing.
(b) Marijuana producers, marijuana processors, and microbusinesses shall 4
submit the results of the testing provided under par. (a) to the department in the 5
manner prescribed by the department by rule.
(c) If a representative sample tested under par. (a) does not meet the standards 7
prescribed by the department, the department shall take the necessary action to 8
ensure that the entire lot from which the sample was taken is destroyed. The 9
department shall promulgate rules to determine lots and lot numbers for purposes 10
of this subsection and for the reporting of lots and lot numbers to the department.
(a) A marijuana processor or a microbusiness that operates as a marijuana 12
processor shall affix a label to all usable marijuana that the marijuana processor or 13
microbusiness sells to marijuana distributors. The label may not be designed to 14
appeal to persons under the age of 18. The label shall include all of the following:
1. The ingredients and the tetrahydrocannabinols concentration in the usable 16
2. The producer's business or trade name.
3. The licensee or registrant number.
4. The unique identification number.