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:
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
AB220,44,15 15139.97 Definitions. In this subchapter:
AB220,44,16 16(1) “Department" means the department of revenue.
AB220,44,19 17(2) “Lot" means a definite quantity of marijuana or usable marijuana identified
18by a lot number, every portion or package of which is consistent with the factors that
19appear in the labeling.
AB220,44,21 20(3) “Lot number" means a number that specifies the person who holds a valid
21permit under this subchapter and the harvesting or processing date for each lot.
AB220,44,22 22(4) “Marijuana" has the meaning given in s. 961.70 (3).
AB220,45,2 23(5) “Marijuana distributor” means a person in this state who purchases or
24receives usable marijuana from a marijuana processor and who sells or otherwise

1transfers the usable marijuana to a marijuana retailer or to a compassion center, as
2defined in s. 50.80 (1), for the purpose of resale to consumers.
AB220,45,6 3(6) “Marijuana processor" means a person in this state who processes
4marijuana into usable marijuana, packages and labels usable marijuana for sale in
5retail outlets or in compassion centers, as defined in s. 50.80 (1), and sells at
6wholesale or otherwise transfers usable marijuana to marijuana distributors.
AB220,45,8 7(7) “Marijuana producer" means a person in this state who produces marijuana
8and sells it at wholesale or otherwise transfers it to marijuana processors.
AB220,45,11 9(8) “Marijuana retailer" means a person in this state that sells usable
10marijuana at a retail outlet, not including a compassion center, as defined in s. 50.80
AB220,45,14 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
AB220,45,1515 (a) A marijuana processor.
AB220,45,1616 (b) A marijuana distributor.
AB220,45,1717 (c) A marijuana retailer.
AB220,45,20 18(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
19distributor, marijuana retailer, or microbusiness that is issued a permit under s.
AB220,45,21 21(11) “Retail outlet" means a location for the retail sale of usable marijuana.
AB220,45,22 22(12) “Sales price" has the meaning given in s. 77.51 (15b).
AB220,45,25 23(13) “Usable marijuana" means marijuana that has been processed for human
24consumption and includes dried marijuana flowers, marijuana-infused products,
25and marijuana edibles.
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
AB220,46,76 (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.
AB220,46,11 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.
AB220,46,16 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.
AB220,46,22 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.
AB220,46,2523 (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.
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:
AB220,47,43 1. The person has been convicted of a violent misdemeanor, as defined in s.
4941.29 (1g) (b), at least 3 times.
AB220,47,65 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
6(a), unless pardoned.
AB220,47,87 3. During the preceding 3 years, the person has been committed under s. 51.20
8for being drug dependent.
AB220,47,139 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:
AB220,47,1514 a. The person has been committed for involuntary treatment under s. 51.45
AB220,47,1616 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB220,48,217 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.
AB220,48,43 5. The person has income that comes principally from gambling or has been
4convicted of 2 or more gambling offenses.
AB220,48,55 6. The person has been guilty of crimes relating to prostitution.
AB220,48,76 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.
AB220,48,88 8. The person is under the age of 21.
AB220,48,109 9. The person has not been a resident of this state continuously for at least 90
10days prior to the application date.
AB220,48,1811 (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.
AB220,49,319 (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
AB220,49,114 (d) 1. Before the department issues a new or renewed permit under this section,
5the department shall give notice of the permit application to the governing body of
6the municipality where the permit applicant intends to operate the premises of a
7marijuana producer, marijuana processor, marijuana distributor, marijuana
8retailer, or microbusiness. No later than 30 days after the department submits the
9notice, the governing body of the municipality may file with the department a written
10objection to granting or renewing the permit. At the municipality's request, the
11department may extend the period for filing objections.
AB220,49,2412 2. A written objection filed under subd. 1. shall provide all the facts on which
13the objection is based. In determining whether to grant or deny a permit for which
14an objection has been filed under this paragraph, the department shall give
15substantial weight to objections from a municipality based on chronic illegal activity
16associated with the premises for which the applicant seeks a permit, the premises
17of any other operation in this state for which the applicant holds or has held a valid
18permit or license, the conduct of the applicant's patrons inside or outside the
19premises of any other operation in this state for which the applicant holds or has held
20a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
21illegal activity" means a pervasive pattern of activity that threatens the public
22health, safety, and welfare of the municipality, including any crime or ordinance
23violation, and is documented in crime statistics, police reports, emergency medical
24response data, calls for service, field data, or similar law enforcement agency records.
1(e) After denying a permit, the department shall immediately notify the
2applicant in writing of the denial and the reasons for the denial. After making a
3decision to grant or deny a permit for which a municipality has filed an objection
4under par. (d), the department shall immediately notify the governing body of the
5municipality in writing of its decision and the reasons for the decision.
AB220,50,76 (f) 1. The department's denial of a permit under this section is subject to judicial
7review under ch. 227.
AB220,50,98 2. The department's decision to grant a permit under this section regardless of
9an objection filed under par. (d) is subject to judicial review under ch. 227.
AB220,50,1110 (g) The department shall not issue a permit under this section to any person
11who does not hold a valid certificate under s. 73.03 (50).
AB220,50,18 12(2) Each person who applies for a permit under this section shall submit with
13the application a $250 fee. Each person who is granted a permit under this section
14shall annually pay to the department a $2,000 fee for as long as the person holds a
15valid permit under this section. A permit issued under this section is valid for one
16year and may be renewed, except that the department may revoke or suspend a
17permit prior to its expiration. A person is not entitled to a refund of the fees paid
18under this subsection if the person's permit is denied, revoked, or suspended.
AB220,50,22 19(3) The department may not issue a permit under this section to operate any
20premises which are within 500 feet of the perimeter of the grounds of any elementary
21or secondary school, playground, recreation facility, child care facility, public park,
22public transit facility, or library.
AB220,51,11 23(4) Under this section, a separate permit is required for and issued to each class
24of permittee, and the permit holder may perform only the operations authorized by
25the permit. A permit issued under this section is not transferable from one person

1to another or from one premises to another. A separate permit is required for each
2place in this state where the operations of a marijuana producer, marijuana
3processor, marijuana distributor, marijuana retailer, or microbusiness occur,
4including each retail outlet. No person who has been issued a permit to operate as
5a marijuana retailer, or who has any direct or indirect financial interest in the
6operation of a marijuana retailer, shall be issued a permit to operate as a marijuana
7producer, marijuana processor, or marijuana distributor. A person who has been
8issued a permit to operate as a microbusiness is not required to hold separate permits
9to operate as a marijuana processor, marijuana distributor, or marijuana retailer,
10but shall specify on the person's application for a microbusiness permit the activities
11that the person will be engaged in as a microbusiness.
AB220,51,13 12(5) Each person issued a permit under this section shall post the permit in a
13conspicuous place on the premises to which the permit relates.
AB220,51,15 14139.973 Regulation. (1) (a) No permittee may employ an individual who is
15under the age of 21 to work in the business to which the permit relates.
AB220,51,1816 (b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an
17individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the
AB220,51,20 19(2) A retail outlet shall sell no products or services other than usable marijuana
20or paraphernalia intended for the storage or use of usable marijuana.
AB220,51,22 21(3) No marijuana retailer may allow a person who is under the age of 21 to enter
22or be on the premises of a retail outlet in violation of s. 961.71 (2m).
AB220,51,25 23(4) The maximum amount of usable marijuana that a retail outlet may sell to
24an individual consumer in a single transaction may not exceed the permissible
25amount under s. 961.70 (5).
1(4m) A marijuana retailer may not collect, retain, or distribute personal
2information regarding the retailer's customers except that which is necessary to
3complete a sale of usable marijuana.
AB220,52,7 4(5) No marijuana retailer may display any signage in a window, on a door, or
5on the outside of the premises of a retail outlet that is visible to the general public
6from a public right-of-way, other than a single sign that is no larger than 1,600
7square inches identifying the retail outlet by the permittee's business or trade name.
AB220,52,9 8(6) No marijuana retailer may display usable marijuana in a manner that is
9visible to the general public from a public right-of-way.
AB220,52,11 10(7) No marijuana retailer or employee of a retail outlet may consume, or allow
11to be consumed, any usable marijuana on the premises of the retail outlet.
AB220,52,13 12(7m) A marijuana retailer may operate a retail outlet only between the hours
13of 8 a.m. and 8 p.m.
AB220,52,17 14(8) Except as provided under sub. (5), no marijuana producer, marijuana
15processor, marijuana distributor, marijuana retailer, or microbusiness may place or
16maintain, or cause to be placed or maintained, an advertisement of usable marijuana
17in any form or through any medium.
AB220,53,2 18(9) (a) On a schedule determined by the department, every marijuana
19producer, marijuana processor, or microbusiness shall submit representative
20samples of the marijuana and usable marijuana produced or processed by the
21marijuana producer, marijuana processor, or microbusiness to a testing laboratory
22registered under s. 50.86 for testing marijuana and usable marijuana in order to
23certify that the marijuana and usable marijuana comply with standards prescribed
24by the department by rule, including testing for potency and for mold, fungus,

1pesticides, and other contaminants. The laboratory testing the sample shall destroy
2any part of the sample that remains after the testing.
AB220,53,53 (b) Marijuana producers, marijuana processors, and microbusinesses shall
4submit the results of the testing provided under par. (a) to the department in the
5manner prescribed by the department by rule.
AB220,53,106 (c) If a representative sample tested under par. (a) does not meet the standards
7prescribed by the department, the department shall take the necessary action to
8ensure that the entire lot from which the sample was taken is destroyed. The
9department shall promulgate rules to determine lots and lot numbers for purposes
10of this subsection and for the reporting of lots and lot numbers to the department.
AB220,53,14 11(10) (a) A marijuana processor or a microbusiness that operates as a marijuana
12processor shall affix a label to all usable marijuana that the marijuana processor or
13microbusiness sells to marijuana distributors. The label may not be designed to
14appeal to persons under the age of 18. The label shall include all of the following:
AB220,53,1615 1. The ingredients and the tetrahydrocannabinols concentration in the usable
AB220,53,1717 2. The producer's business or trade name.
AB220,53,1818 3. The licensee or registrant number.
AB220,53,1919 4. The unique identification number.
AB220,53,2020 5. The harvest date.
AB220,53,2121 6. The strain name and product identity.
AB220,53,2222 7. The net weight.
AB220,53,2323 8. The activation time.