AB1067,10,23 21(3) License criteria. The commission may issue a license to a producer,
22processor, dispensary, transporter, or laboratory if the commission determines that
23all of the following requirements are met:
AB1067,11,724 (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the applicant, or each
25principal officer or board member of the applicant, has never been convicted of a

1criminal violation of the federal Controlled Substances Act under 21 USC 801 to 971,
2the Uniform Controlled Substances Act under ch. 961, or any controlled substances
3law of another state. The commission shall determine whether this requirement is
4met on the basis of a criminal history search obtained from the records maintained
5by the department of justice for each of these persons. The department of justice
6shall provide information to the commission necessary to determine whether this
7requirement is met.
AB1067,11,98 (b) The applicant, or each principal officer or board member of the applicant,
9is at least 21 years of age.
AB1067,11,1410 (c) For the 24 months following the first date on which the commission receives
11applications under this section, the applicant, or at least one principal officer or
12board member of the applicant, has resided in this state, in accordance with the
13qualifications set forth in s. 6.10, for at least one year before submitting an
14application to the commission under this subsection.
AB1067,11,1815 (d) 1. If the applicant is a producer or processor, the applicant, or each principal
16officer or board member of the applicant, does not have any financial interest in a
17licensed dispensary or laboratory or an applicant for a dispensary or laboratory
18license.
AB1067,11,2219 2. If the applicant is a laboratory, the applicant, or each principal officer or
20board member of the applicant, does not have any financial interest in a licensed
21producer, processor, or dispensary or an applicant for a producer, processor, or
22dispensary license.
AB1067,12,223 3. If the applicant is a dispensary, the applicant, or each principal officer or
24board member of the applicant, does not have any financial interest in a licensed

1producer, processor, or laboratory or an applicant for a producer, processor, or
2laboratory license.
AB1067,12,63 (e) The applicant and each principal officer or board member of the applicant
4have never had a license revoked and not reinstated under this section or been a
5principal officer or board member of an entity that has had a license revoked and not
6reinstated under this section.
AB1067,12,87 (f) The applicant's facility or the site of the applicant's facility is not prohibited
8by a local ordinance of the county or municipality where the facility would be located.
AB1067,12,109 (g) The applicant's operation is not or will not be located within 300 feet of the
10premises of a school or child care center.
AB1067,12,1211 (h) The applicant has or will have sufficient security measures in place at its
12operating location.
AB1067,12,1313 (i) The applicant has or will have sufficient record-keeping procedures in place.
AB1067,12,1514 (j) If the applicant is a laboratory, the applicant employs and retains at least
15one employee with an advanced degree in a medical or laboratory science.
AB1067,12,1816 (k) The applicant provides proof of financial responsibility equal to no less than
17$1,000,000 for liability for bodily injury that may result from producing, processing,
18transporting, or dispensing medical marijuana.
AB1067,12,1919 (L) The applicant has paid the fee specified under sub. (4).
AB1067,12,2120 (m) The applicant meets any other conditions for obtaining a license as
21required by the department of revenue by rule.
AB1067,13,2 22(4) Application and annual renewal fees. (a) The commission shall set, by
23rule, the amount of application, registration, and renewal fees for applying for and
24receiving a license under this section, subject to the limitations under par. (b). The

1amount of the fees under this subsection shall be sufficient to cover the commission's
2costs of administering and enforcing this section.
AB1067,13,63 (b) 1. For a license under sub. (7) (d) 1. a., the application fee shall be no less
4than $1,000, but no more than $5,000; the registration fee shall be no less than
5$50,000, but no more than $100,000; and the renewal fee shall be no less than
6$50,000, but no more than $150,000.
AB1067,13,107 2. For a license under sub. (7) (d) 1. b., the application fee shall be no less than
8$10,000, but no more than $15,000; the registration fee shall be no less than
9$100,000, but no more than $150,000; and the renewal fee shall be no less than
10$100,000, but no more than $200,000.
AB1067,13,1411 3. For a license under sub. (7) (d) 1. c., the application fee shall be no less than
12$20,000, but no more than $25,000; the registration fee shall be no less than
13$150,000, but no more than $200,000; and the renewal fee shall be no less than
14$150,000, but no more than $250,000.
AB1067,13,1815 4. For a license under sub. (8), the application fee shall be no less than $1,000,
16but no more than $25,000; the registration fee shall be no less than $50,000, but no
17more than $200,000; and the renewal fee shall be no less than $50,000, but no more
18than $250,000.
AB1067,13,2219 5. For a license under sub. (9), the application fee shall be no less than $2,500,
20but no more than $7,500; the registration fee shall be no less than $6,000, but no more
21than $9,000; and the renewal fee shall be no less than $5,000, but no more than
22$45,000.
AB1067,13,24 23(5) Employees. A licensee may not employ a person unless all of the following
24requirements are met:
AB1067,13,2525 (a) The person is at least 21 years of age.
AB1067,14,7
1(b) Notwithstanding ss. 111.321, 111.322, and 111.335, the person has never
2been convicted of a criminal violation of the federal Controlled Substances Act under
321 USC 801 to 971, the Uniform Controlled Substances Act under ch. 961, or any
4controlled substances law of another state, based on a criminal history search
5obtained from the records maintained by the department of justice. The department
6of justice shall provide information to the commission necessary to determine
7whether this requirement is met.
AB1067,14,108 (c) If the person is employed at a dispensary, the person has completed the
9training required for dispensary employees, which the commission shall establish by
10rule.
AB1067,14,17 11(6) Location. Except as provided by rules promulgated under this section, no
12licensee may operate within 300 feet of the premises of a school or child care center.
13If a licensee's operation relocates to within 300 feet of the premises of a school or child
14care center, the commission shall immediately revoke the licensee's license. The
15commission shall establish, by rule, whether a licensee may remain in operation or
16must relocate if the premises of a school or child care center locates within 300 feet
17of the licensee's operation.
AB1067,14,22 18(7) Producers. (a) A licensed producer may plant, grow, cultivate, and harvest
19marijuana; transfer or sell the marijuana to a licensed processor; and engage in any
20related activities that are necessary for the operation, such as possessing and storing
21the marijuana. A licensed producer may transport marijuana from the producer's
22facility only if the producer has a valid transporter license under sub. (11).
AB1067,14,2423 (b) A licensed producer may not plant, grow, cultivate, or harvest marijuana
24for personal, family, or household use.
AB1067,14,2525 (c) A licensed producer may operate only within an enclosed, locked facility.
AB1067,15,1
1(d) 1. The commission may issue the following licenses to producers:
AB1067,15,32 a. A Class A license, which allows the producer to annually plant, grow,
3cultivate, or harvest no more than 200 marijuana plants.
AB1067,15,54 b. A Class B license, which allows the producer to annually plant, grow,
5cultivate, or harvest no more than 500 marijuana plants.
AB1067,15,76 c. A Class C license, which allows the producer to annually plant, grow,
7cultivate, or harvest an unlimited number of marijuana plants.
AB1067,15,98 2. The commission may issue no more than 50 Class A licenses, 20 Class B
9licenses, and 5 Class C licenses.
AB1067,15,1310 (e) As part of the application process, the commission shall require an applicant
11to provide the global positioning system coordinates of the single, contiguous
12property identified on the license application and on which the marijuana will be
13planted, grown, cultivated, and harvested.
AB1067,15,20 14(8) Processors. (a) A licensed processor may obtain marijuana in this state
15from a licensed producer, process the marijuana into medical marijuana, transfer
16samples of the medical marijuana to a licensed laboratory by using a licensed
17transporter, package and label the medical marijuana, transfer or sell the medical
18marijuana to a licensed dispensary, and engage in any related activities that are
19necessary for the operation, such as possessing and storing the marijuana or medical
20marijuana.
AB1067,15,2221 (b) Before transferring medical marijuana to a licensed dispensary, a licensed
22processor shall do all of the following:
AB1067,16,323 1. Provide samples of each type of medical marijuana that it processes to a
24licensed laboratory and receive certified test results of those samples showing the
25tetrahydrocannabinol content of the medical marijuana and showing that the

1medical marijuana does not contain unsafe levels of any molds, pesticides, heavy
2metals, or any other contaminant for which the commission requires, by rule, the
3medical marijuana to be tested.
AB1067,16,54 2. Package the medical marijuana in child-resistant packaging. The
5commission may establish, by rule, additional packaging requirements.
AB1067,16,106 3. Attach a label to the packaging that identifies the weight, in ounces, of
7marijuana contained in the package, the tetrahydrocannabinol content of the
8medical marijuana, and any other information required to be included by the
9commission by rule. The commission shall promulgate rules specifying marijuana
10weight equivalencies for different types of medical marijuana.
AB1067,16,1111 (c) A licensed processor may operate only within an enclosed, locked facility.
AB1067,16,16 12(9) Dispensaries. (a) A licensed dispensary may obtain packaged, labeled
13medical marijuana from a licensed processor, dispense the medical marijuana
14according to the provisions of this section, and engage in any related activities that
15are necessary for the operation, such as possessing and storing the medical
16marijuana.
AB1067,16,2017 (b) A licensed dispensary may dispense medical marijuana only to a person who
18presents a valid registry identification card issued under s. 73.18 (3) and a valid
19written hard copy or electronic recommendation under s. 73.18 (2) and only in
20accordance with the recommendation presented.
AB1067,16,2221 (c) Before dispensing medical marijuana, a licensed dispensary shall do all of
22the following:
AB1067,16,2323 1. Verify that the registry identification card presented is valid and unexpired.
AB1067,16,2524 2. Verify that the person receiving the medical marijuana is the person
25identified on the registry identification card.
AB1067,17,6
13. Attach a label to the packaging that identifies the name and address of the
2dispensary, the date on which the medical marijuana is dispensed, the name of the
3practitioner who recommended the use of medical marijuana, the name of the
4qualifying patient, the name of the primary caregiver if the medical marijuana is
5dispensed to a primary caregiver, and any other information required to be included
6by the commission by rule.
AB1067,17,117 (d) No more than 10 licensed dispensaries may operate in a county with a
8population exceeding 500,000; no more than 5 licensed dispensaries may operate in
9a county with a population that is less than 500,000, but at least 100,000; and no
10more than 3 licensed dispensaries my operate in a county with a population less than
11100,000.
AB1067,17,16 12(10) Laboratories. (a) A licensed laboratory may obtain samples of medical
13marijuana from a licensed processor, test and certify the tetrahydrocannabinol
14content of the medical marijuana and whether the medical marijuana contains any
15contaminants, and engage in any related activities that are necessary for the
16operation, such as possessing and storing the medical marijuana.
AB1067,17,1917 (b) If any part of a sample remains after testing and certifying the
18tetrahydrocannabinol content of the sample, the licensed laboratory shall destroy
19the sample or return the sample to the licensed processor.
AB1067,17,2020 (c) A licensed laboratory may operate only within an enclosed, locked facility.
AB1067,18,3 21(11) Transporters. Marijuana or medical marijuana may be transported on
22public roads only by a licensed transporter and only to other licensees. A transporter
23shall designate a crew of at least 2 individuals to transport any shipment of
24marijuana or medical marijuana, and at least one individual shall remain with the
25transportation vehicle at all times. A transporter shall keep accurate and complete

1records, as prescribed by the commission, including route plans and manifests, and
2shall provide such records to the commission at the time and in the manner
3prescribed by the commission and to law enforcement upon request.
AB1067,18,9 4(12) Statewide tracking system. (a) The commission shall establish and
5maintain a statewide tracking system to ensure compliance with this section and s.
673.18 and subch. IV of ch. 139, to track marijuana and medical marijuana from
7cultivation to consumption by qualifying patients, to enable product recalls, and to
8ensure efficient revenue collection. The commission shall use the tracking system
9to do all of the following:
AB1067,18,1110 1. Track inventory throughout the product life of marijuana and medical
11marijuana, including the monitoring of seed-to-sale transfers.
AB1067,18,1412 2. Verify that a registry identification card issued under s. 73.18 (3) is current
13and valid and has not been suspended, revoked, or denied, and record other
14information concerning such cards.
AB1067,18,1615 3. Record the date, time, quantity, and price of each sale or transfer of
16marijuana or medical marijuana to a qualifying patient or primary caregiver.
AB1067,18,1817 4. Ensure that a specific sale or transaction does not exceed permissible
18quantity limits.
AB1067,18,1919 5. Receive and integrate 3rd-party inventory control and tracking systems.
AB1067,18,2120 6. Record any other information, as determined by the commission, that is
21applicable to licensees, qualifying patients, and primary caregivers.
AB1067,18,2422 (b) All persons issued a license under this section shall comply with the
23commission's requirements, as prescribed by the commission by rule, for
24maintaining the statewide tracking system under this subsection.
AB1067,19,4
1(13) Confidentiality. (a) The commission shall ensure that any of the
2following information that is in the commission's possession is confidential and not
3open to public inspection or copying under s. 19.35 (1), except that it shall be made
4available to a law enforcement agency or law enforcement officer:
AB1067,19,65 1. Information relating to the locations of marijuana production and processing
6operations.
AB1067,19,87 2. Personally identifiable information relating to a person who is lawfully
8engaging in activities related to marijuana.
AB1067,19,119 3. Information obtained about an individual as a result of any criminal history
10search performed in relation to authorizing the individual to engage in activities
11related to marijuana.
AB1067,19,1312 4. Any other information about activities related to marijuana that could create
13a security risk if disclosed.
AB1067,19,1714 (b) A licensed dispensary shall ensure that any information that is in the
15dispensary's possession relating to a qualifying patient or primary caregiver is
16confidential, except that it shall be made available to a law enforcement agency or
17law enforcement officer.
AB1067,19,20 18(14) Inspections. The commission may inspect, without prior notice, the
19premises of an applicant or licensee and any records required to be retained by a
20licensee.
AB1067,19,22 21(15) False information on an application. No person may intentionally submit
22false information in any application submitted under this section.
AB1067,20,2 23(16) Penalties and disciplinary actions. (a) A person who violates any
24provision of this section, or an order issued or rule promulgated under this section,
25may be required to forfeit not less than $200 nor more than $5,000 or, for an offense

1committed within 5 years of an offense for which a penalty has been assessed under
2this section, may be required to forfeit not less than $400 nor more than $10,000.
AB1067,20,63 (b) In addition to or in lieu of any other penalty or disciplinary action allowed
4under state law or under rules promulgated by the commission, the commission may,
5for any reason specified by the commission by rule, suspend, with or without prior
6hearing, revoke, refuse to issue, or refuse to renew a license issued under this section.
AB1067,20,10 7(17) Appeal. Any person aggrieved by an order or determination issued by the
8commission under this section or s. 73.18 may appeal the order or determination as
9a contested case under ch. 227 by filing with the commission a request for a hearing
10within 30 days after the date of the order or determination.
AB1067,20,16 11(18) Rules. No later than 90 days after the creation of the commission, as
12provided under s. 15.435 (2) (a), the commission shall promulgate rules necessary to
13administer and enforce this section. When promulgating rules under this
14subsection, the commission shall consider standards and procedures that have been
15found to be best practices relating to the use and regulation of marijuana and medical
16marijuana.
AB1067,20,18 17(19) Medical marijuana fund. The commission shall deposit all fees and
18penalties collected under this section into the medical marijuana fund.
AB1067,11 19Section 11 . 73.18 of the statutes is created to read:
AB1067,20,20 2073.18 Medical marijuana; dispensaries. (1) Definitions. In this section:
AB1067,20,2221 (a) “Applicant” means a person who is applying for a registry identification card
22under sub. (3).
AB1067,20,2423 (b) “Certified advanced practice nurse prescriber" means a nurse who is
24certified under s. 441.16 (2).
AB1067,20,2525 (c) “Commission” means the medical marijuana regulatory commission.
AB1067,21,1
1(d) “Marijuana” has the meaning given in s. 961.01 (14).
AB1067,21,52 (e) “Medical marijuana” means marijuana that has been processed for human
3consumption in the form of a liquid, oil, pill, or tincture or in a form that is applied
4topically and that is used or is intended for use by a qualifying patient to alleviate
5the symptoms of a qualifying medical condition.
AB1067,21,66 (f) “Physician” has the meaning given in s. 448.01 (5).
AB1067,21,77 (g) “Physician assistant” has the meaning given in s. 448.01 (6).
AB1067,21,108 (h) “Primary caregiver” means a person who is at least 21 years of age and who
9has agreed to help a qualifying patient in the qualifying patient's use or acquisition
10of medical marijuana.
AB1067,21,1111 (i) “Qualifying medical condition” means any of the following:
AB1067,21,1212 1. Amyotrophic lateral sclerosis.
AB1067,21,1313 2. Cancer.
AB1067,21,1414 3. Crohn's disease.
AB1067,21,1515 4. Glaucoma.
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