AB482,26,2121 (b) “Marijuana processor" has the meaning given in s. 139.97 (6).
AB482,26,2222 (c) “Marijuana producer” has the meaning given in s. 139.97 (7).
AB482,26,2323 (d) “Usable marijuana” has the meaning given in s. 139.97 (12).
AB482,26,2524 (e) “Permittee” means a marijuana producer or processor who is issued a permit
25under this section.
AB482,27,9
1(2) Permit required. (a) No person may operate in this state as a marijuana
2producer or marijuana processor without a permit from the department. A person
3who acts as a marijuana producer and a marijuana processor shall obtain a separate
4permit for each activity. Each person who applies for a permit under this section
5shall submit with the application a $250 fee. A permit issued under this section is
6valid for one year and may be renewed, except that the department may revoke or
7suspend a permit prior to its expiration. A person is not entitled to a refund of the
8fees paid under this subsection if the person's permit is denied, revoked, or
9suspended.
AB482,27,1310 (b) A permittee shall annually pay to the department a fee for as long as the
11person holds a valid permit under this section. The annual fee for a marijuana
12processor permittee is $2,000. The annual fee for a marijuana producer permittee
13is one of the following, unless the department, by rule, establishes a higher amount:
AB482,27,1514 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
15marijuana plants, $1,800.
AB482,27,1716 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
17not more than 3,600 marijuana plants, $2,900.
AB482,27,1918 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
19not more than 6,000 marijuana plants, $3,600.
AB482,27,2120 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
21not more than 10,200 marijuana plants, $5,100.
AB482,27,2322 5. If the permittee plants, grows, cultivates, or harvests more than 10,200
23marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
AB482,28,3
1(c) This subsection applies to all officers, directors, agents, and stockholders
2holding 5 percent or more of the stock of any corporation applying for a permit under
3this section.
AB482,28,54 (d) Subject to ss. 111.321, 111.322, and 111.335, no permit under this section
5may be granted to any person to whom any of the following applies:
AB482,28,76 1. The person has been convicted of a violent misdemeanor, as defined in s.
7941.29 (1g) (b), at least 3 times.
AB482,28,98 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
9(a), unless pardoned.
AB482,28,1110 3. During the preceding 3 years, the person has been committed under s. 51.20
11for being drug dependent.
AB482,28,1612 4. The person chronically and habitually uses alcohol beverages or other
13substances to the extent that his or her normal faculties are impaired. A person is
14presumed to chronically and habitually use alcohol beverages or other substances to
15the extent that his or her normal faculties are impaired if, within the preceding 3
16years, any of the following applies:
AB482,28,1817 a. The person has been committed for involuntary treatment under s. 51.45
18(13).
AB482,28,1919 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB482,29,420 c. In 2 or more cases arising out of separate incidents, a court has found the
21person to have committed a violation of s. 346.63 or a local ordinance in conformity
22with that section; a violation of a law of a federally recognized American Indian tribe
23or band in this state in conformity with s. 346.63; or a violation of the law of another
24jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
25intoxicated, while under the influence of a controlled substance, a controlled

1substance analog, or a combination thereof, with an excess or specified range of
2alcohol concentration, or while under the influence of any drug to a degree that
3renders the person incapable of safely driving, as those or substantially similar
4terms are used in that jurisdiction's laws.
AB482,29,65 5. The person has income which comes principally from gambling or has been
6convicted of 2 or more gambling offenses.
AB482,29,77 6. The person has been guilty of crimes relating to prostitution.
AB482,29,98 7. The person has been guilty of crimes relating to loaning money or anything
9of value to persons holding licenses or permits pursuant to ch. 125.
AB482,29,1010 8. The person is under the age of 21.
AB482,29,1211 9. The person has not been a resident of this state continuously for at least 90
12days prior to the application date.
AB482,29,1913 (e) 1. Before the department issues a new or renewed permit under this section,
14the department shall give notice of the permit application to the governing body of
15the municipality where the the permit applicant intends to operate as a marijuana
16producer or marijuana processor. No later than 30 days after the department
17submits the notice, the governing body of the municipality may file with the
18department a written objection to granting or renewing the permit. At the
19municipality's request, the department may extend the period for filing objections.
AB482,30,720 2. A written objection filed under subd. 1. shall provide all the facts on which
21the objection is based. In determining whether to grant or deny a permit for which
22an objection has been filed under this paragraph, the department shall give
23substantial weight to objections from a municipality based on chronic illegal activity
24associated with the premises for which the applicant seeks a permit, the premises
25of any other operation in this state for which the applicant holds or has held a valid

1permit or license, the conduct of the applicant's patrons inside or outside the
2premises of any other operation in this state for which the applicant holds or has held
3a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
4illegal activity" means a pervasive pattern of activity that threatens the public
5health, safety, and welfare of the municipality, including any crime or ordinance
6violation, and is documented in crime statistics, police reports, emergency medical
7response data, calls for service, field data, or similar law enforcement agency records.
AB482,30,128 (f) After denying a permit, the department shall immediately notify the
9applicant in writing of the denial and the reasons for the denial. After making a
10decision to grant or deny a permit for which a municipality has filed an objection
11under par. (e), the department shall immediately notify the governing body of the
12municipality in writing of its decision and the reasons for the decision.
AB482,30,1413 (g) 1. The department's denial of a permit under this section is subject to
14judicial review under ch. 227.
AB482,30,1615 2. The department's decision to grant a permit under this section regardless of
16an objection filed under par. (e) is subject to judicial review under ch. 227.
AB482,30,1817 (h) The department shall not issue a permit under this section to any person
18who does not hold a valid certificate under s. 73.03 (50).
AB482,30,21 19(3) Schools. The department may not issue a permit under this section to
20operate as a marijuana producer within 500 feet of the perimeter of the grounds of
21any elementary or secondary school.
AB482,31,2 22(4) Education. The department shall develop and make available training
23programs for marijuana producers on how to safely and efficiently plant, grow,
24cultivate, harvest, and otherwise handle marijuana, and for marijuana processors

1on how to safely and efficiently produce and handle marijuana products and test
2marijuana for contaminants.
AB482,31,5 3(5) Rules. The department shall promulgate rules necessary to administer and
4enforce this section, including rules relating to the inspection of the plants, facilities,
5and products of permittees.
AB482,31,9 6(6) Penalties. (a) Any person who violates the requirements under sub. (2) or
7(3) or any of the requirements established by the rules promulgated under sub. (5)
8shall be fined not less than $100 nor more than $500 or imprisoned not more than
96 months or both.
AB482,31,1310 (b) In addition to the penalties imposed under par. (a), the department shall
11revoke the permit of any person convicted of any violation described under par. (a)
12and not issue another permit to that person for a period of 2 years following the
13revocation.
AB482,50 14Section 50. 108.02 (18r) of the statutes is created to read:
AB482,31,1515 108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).
AB482,51 16Section 51. 108.04 (5m) of the statutes is created to read:
AB482,31,2117 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
18“misconduct," for purposes of sub. (5), does not include the employee's use of
19marijuana off the employer's premises during nonworking hours or a violation of the
20employer's policy concerning such use, unless termination of the employee because
21of that use is permitted under s. 111.35.
AB482,31,2522 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
23not include the employee's use of marijuana off the employer's premises during
24nonworking hours or a violation of the employer's policy concerning such use, unless
25termination of the employee because of that use is permitted under s. 111.35.
AB482,52
1Section 52. 108.133 (1) (a) of the statutes is renumbered 108.133 (1) (a) 1. and
2amended to read:
AB482,32,43 108.133 (1) (a) 1. Notwithstanding s. 108.02 (9), “controlled substance" has the
4meaning given in 21 USC 802, except as provided in subd. 2.
AB482,53 5Section 53. 108.133 (1) (a) 2. of the statutes is created to read:
AB482,32,96 108.133 (1) (a) 2. “Controlled substance” does not include
7tetrahydrocannabinols, commonly known as “THC," in any form including
8tetrahydrocannabinols contained in marijuana, obtained from marijuana, or
9chemically synthesized.
AB482,54 10Section 54. 111.32 (9m) of the statutes is created to read:
AB482,32,1111 111.32 (9m) “Lawful product” includes marijuana.
AB482,55 12Section 55. 111.32 (11m) of the statutes is created to read:
AB482,32,1613 111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis,
14whether growing or not; the seeds thereof; the resin extracted from any part of the
15plant; and every compound, manufacture, salt, derivative, mixture or preparation of
16the plant, its seeds or resin, including tetrahydrocannabinols.
AB482,56 17Section 56. 111.35 (2) (e) of the statutes is amended to read:
AB482,32,2018 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
19This paragraph does not apply with respect to violations concerning marijuana or
20tetrahydrocannabinols under 21 USC 841 to 865.
AB482,57 21Section 57. 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
22amended to read:
AB482,33,723 115.35 (1) (a) (intro.) A critical health problems education program is
24established in the department. The program shall be a systematic and integrated
25program designed to provide appropriate learning experiences based on scientific

1knowledge of the human organism as it functions within its environment and
2designed to favorably influence the health, understanding, attitudes and practices
3of the individual child which will enable him or her to adapt to changing health
4problems of our society. The program shall be designed to educate youth with regard
5to critical health problems and shall include, but not be limited to, the following
6topics as the basis for comprehensive education curricula in all elementary and
7secondary schools: controlled
AB482,33,9 81. Controlled substances, as defined in s. 961.01 (4); controlled substance
9analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.
AB482,33,10 102. Mental health; sexually .
AB482,33,12 113. Sexually transmitted diseases, including acquired immunodeficiency
12syndrome; human.
AB482,33,13 134. Human growth and development; and.
AB482,33,14 145. Other related health and safety topics as determined by the department.
AB482,33,17 15(b) Participation in the human growth and development topic of the curricula
16described in par. (a) shall be entirely voluntary. The department may not require a
17school board to use a specific human growth and development curriculum.
AB482,58 18Section 58. 115.35 (1) (a) 6. of the statutes is created to read:
AB482,33,2319 115.35 (1) (a) 6. Beginning in the 2018-19 school year, the program shall also
20include scientific, evidence-based and grade-level appropriate information about
21the common uses of marijuana, how marijuana use affects an individual's behavior,
22body, and brain, and the health and behavior risks associated with marijuana use
23and abuse.
AB482,59 24Section 59. 121.02 (1) (L) 7. of the statutes is created to read:
AB482,34,3
1121.02 (1) (L) 7. Beginning in the 2018-19 school year, as part of the health
2curriculum, in one of grades 5 to 8 and in one of grades 9 to 12, provide pupils with
3the instruction about marijuana described in s. 115.35 (1) (a) 6.
AB482,60 4Section 60. Subchapter IV (title) of chapter 139 [precedes 139.97] of the
5statutes is created to read:
AB482,34,66 chapter 139
AB482,34,77 subchapter Iv
AB482,34,88 marijuana tax and regulation
AB482,61 9Section 61. 139.97 of the statutes is created to read:
AB482,34,10 10139.97 Definitions. In this subchapter:
AB482,34,11 11(1) “Department" means the department of revenue.
AB482,34,14 12(2) “Lot" means a definite quantity of marijuana or usable marijuana identified
13by a lot number, every portion or package of which is consistent with the factors that
14appear in the labeling.
AB482,34,16 15(3) “Lot number" means a number that specifies the person who holds a valid
16permit under this subchapter and the harvesting or processing date for each lot.
AB482,34,17 17(4) “Marijuana" has the meaning given in s. 961.70 (3).
AB482,34,20 18(5) “Marijuana distributor” means a person in this state who purchases usable
19marijuana from a marijuana processor and who sells the usable marijuana to a
20marijuana retailer for the purpose of resale to consumers.
AB482,34,23 21(6) “Marijuana processor" means a person in this state who processes
22marijuana into usable marijuana, packages and labels usable marijuana for sale in
23retail outlets, and sells usable marijuana at wholesale to marijuana distributors.
AB482,34,25 24(7) “Marijuana producer" means a person in this state who produces marijuana
25and sells it at wholesale to marijuana processors.
AB482,35,2
1(8) “Marijuana retailer" means a person in this state who sells usable
2marijuana at a retail outlet.
AB482,35,4 3(9) “Permittee" means a marijuana producer, marijuana processor, marijuana
4distributor, or marijuana retailer who is issued a permit under s. 139.972.
AB482,35,5 5(10) “Retail outlet" means a location for the retail sale of usable marijuana.
AB482,35,6 6(11) “Sales price" has the meaning given in s. 77.51 (15b).
AB482,35,9 7(12) “Usable marijuana" means marijuana that has been processed for human
8consumption and includes dried marijuana flowers, marijuana-infused products,
9and marijuana edibles.
AB482,62 10Section 62. 139.971 of the statutes is created to read:
AB482,35,13 11139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
12producer at the rate of 15 percent of the sales price on each wholesale sale in this state
13of marijuana to a marijuana processor.
AB482,35,1514 (b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent
15of the sales price on each retail sale in this state of usable marijuana.
AB482,35,19 16(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
17to the department no later than the 15th day of the month following the month in
18which the person's tax liability is incurred and shall include with the payment a
19return on a form prescribed by the department.
AB482,35,22 20(3) For purposes of this section, a marijuana producer may not sell marijuana
21directly to a marijuana distributor or marijuana retailer and a marijuana retailer
22may purchase usable marijuana for resale only from a marijuana distributor.
AB482,63 23Section 63. 139.972 of the statutes is created to read:
AB482,36,4 24139.972 Permits required. (1) (a) No person may operate in this state as a
25marijuana producer, marijuana processor, marijuana distributor, or marijuana

1retailer without first filing an application for and obtaining the proper permit from
2the department to perform such operations. In addition, no person may operate in
3this state as a marijuana producer or marijuana processor without first filing an
4application for and obtaining the proper permit under s. 94.55.
AB482,36,75 (b) This section applies to all officers, directors, agents, and stockholders
6holding 5 percent or more of the stock of any corporation applying for a permit under
7this section.
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