1394.56 Marijuana producers and processors. (1) Definitions.
In this 14
(a) “Labor peace agreement” means an agreement between a person applying 16
for a permit under this section and a labor organization, as defined in s. 5.02 (8m), 17
that does all of the following:
1. Prohibits labor organizations and its members from engaging in picketing, 19
work stoppages, boycotts, and any other economic interference with persons doing 20
business in this state.
2. Prohibits the applicant from disrupting the efforts of the labor organization 22
to communicate with and to organize and represent the applicant's employees.
3. Provides the labor organization access at reasonable times to areas in which 24
the applicant's employees work for the purpose of meeting with employees to discuss
their right to representation, employment rights under state law, and terms and 2
conditions of employment.
(b) “Marijuana" has the meaning given in s. 961.70 (3).
(c) “Marijuana processor" has the meaning given in s. 139.97 (6).
(d) “Marijuana producer” has the meaning given in s. 139.97 (7).
(e) “Usable marijuana” has the meaning given in s. 139.97 (13).
(f) “Permittee” means a marijuana producer or marijuana processor who is 8
issued a permit under this section.
9(2) Permit required.
(a) No person may operate in this state as a marijuana 10
producer or marijuana processor without a permit from the department. A person 11
who acts as a marijuana producer and a marijuana processor shall obtain a separate 12
permit for each activity. A person is not required to obtain a permit under this section 13
if the person produces or processes only industrial hemp and holds a valid license 14
under s. 94.55.
(b) This subsection applies to all officers, directors, agents, and stockholders 16
holding 5 percent or more of the stock of any corporation applying for a permit under 17
(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may 19
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. 21
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) 23
(a), unless pardoned.
3. During the preceding 3 years, the person has been committed under s. 51.20 25
for being drug dependent.
4. The person chronically and habitually uses alcohol beverages or other 2
substances to the extent that his or her normal faculties are impaired. A person is 3
presumed to chronically and habitually use alcohol beverages or other substances to 4
the extent that his or her normal faculties are impaired if, within the preceding 3 5
years, any of the following applies:
a. The person has been committed for involuntary treatment under s. 51.45 7
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 10
person to have committed a violation of s. 346.63 or a local ordinance in conformity 11
with that section; a violation of a law of a federally recognized American Indian tribe 12
or band in this state in conformity with s. 346.63; or a violation of the law of another 13
jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while 14
intoxicated, while under the influence of a controlled substance, a controlled 15
substance analog, or a combination thereof, with an excess or specified range of 16
alcohol concentration, or while under the influence of any drug to a degree that 17
renders the person incapable of safely driving, as those or substantially similar 18
terms are used in that jurisdiction's laws.
5. The person has income that comes principally from gambling or has been 20
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 23
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 2
days prior to the application date.
(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more 4
employees may not receive a permit under this section unless the applicant certifies 5
to the department that the applicant has entered into a labor peace agreement and 6
will abide by the terms of the agreement as a condition of maintaining a valid permit 7
under this section. The applicant shall submit to the department a copy of the page 8
of the labor peace agreement that contains the signatures of the union representative 9
and the applicant.
(cn) The department shall use a competitive scoring system to determine which 11
applicants are eligible to receive a permit under this section. The department shall 12
issue permits to the highest scoring applicants that it determines will best protect 13
the environment; provide stable, family-supporting jobs to local residents; ensure 14
worker and consumer safety; operate secure facilities; and uphold the laws of the 15
jurisdictions in which they operate. The department may deny a permit to an 16
applicant with a low score, as determined under this paragraph. The department 17
may request that the applicant provide any information or documentation that the 18
department deems necessary for purposes of making a determination under this 19
(d) 1. Before the department issues a new or renewed permit under this section, 21
the department shall give notice of the permit application to the governing body of 22
the municipality where the permit applicant intends to operate the premises of a 23
marijuana producer or marijuana processor. No later than 30 days after the 24
department submits the notice, the governing body of the municipality may file with
the department a written objection to granting or renewing the permit. At the 2
municipality's request, the department may extend the period for filing objections.
2. A written objection filed under subd. 1. shall provide all the facts on which 4
the objection is based. In determining whether to grant or deny a permit for which 5
an objection has been filed under this paragraph, the department shall give 6
substantial weight to objections from a municipality based on chronic illegal activity 7
associated with the premises for which the applicant seeks a permit, the premises 8
of any other operation in this state for which the applicant holds or has held a valid 9
permit or license, the conduct of the applicant's patrons inside or outside the 10
premises of any other operation in this state for which the applicant holds or has held 11
a valid permit or license, and local zoning ordinances. In this subdivision, “
illegal activity" means a pervasive pattern of activity that threatens the public 13
health, safety, and welfare of the municipality, including any crime or ordinance 14
violation, and is documented in crime statistics, police reports, emergency medical 15
response data, calls for service, field data, or similar law enforcement agency records.
(e) After denying a permit, the department shall immediately notify the 17
applicant in writing of the denial and the reasons for the denial. After making a 18
decision to grant or deny a permit for which a municipality has filed an objection 19
under par. (d), the department shall immediately notify the governing body of the 20
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 22
review under ch. 227.
2. The department's decision to grant a permit under this section regardless of 24
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 2
who does not hold a valid certificate under s. 73.03 (50).
3(3) Fees; term.
(a) Each person who applies for a permit under this section 4
shall submit with the application a $250 fee. A permit issued under this section is 5
valid for one year and may be renewed, except that the department may revoke or 6
suspend a permit prior to its expiration. A person is not entitled to a refund of the 7
fees paid under this subsection if the person's permit is denied, revoked, or 8
(b) A permittee shall annually pay to the department a fee for as long as the 10
person holds a valid permit under this section. The annual fee for a marijuana 11
processor permittee is $2,000. The annual fee for a marijuana producer permittee 12
is one of the following, unless the department, by rule, establishes a higher amount:
1. If the permittee plants, grows, cultivates, or harvests not more than 1,800 14
marijuana plants, $1,800.
2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but 16
not more than 3,600 marijuana plants, $2,900.
3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but 18
not more than 6,000 marijuana plants, $3,600.
4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but 20
not more than 10,200 marijuana plants, $5,100.
5. If the permittee plants, grows, cultivates, or harvests more than 10,200 22
marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
The department may not issue a permit under this section to 24
operate as a marijuana producer within 500 feet of the perimeter of the grounds of 25
any elementary or secondary school.
1(5) Education and awareness campaign.
The department shall develop and 2
make available training programs for marijuana producers on how to safely and 3
efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for 4
marijuana processors on how to safely and efficiently produce and handle marijuana 5
products and test marijuana for contaminants. The department shall conduct an 6
awareness campaign to inform potential marijuana producers and marijuana 7
processors of the availability and viability of marijuana as a crop or product in this 8
The department shall promulgate rules necessary to administer and 10
enforce this section, including rules relating to the inspection of the plants, facilities, 11
and products of permittees and training requirements for employees of permittees.
(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) 14
shall be fined not less than $100 nor more than $500 or imprisoned not more than 15
6 months or both.
(b) In addition to the penalties imposed under par. (a), the department shall 17
revoke the permit of any person convicted of any violation described under par. (a) 18
and not issue another permit to that person for a period of 2 years following the 19
100.145 of the statutes is created to read:
21100.145 Recreational marijuana logotype.
The department shall design 22
an official logotype, appropriate for including on a label affixed to recreational 23
marijuana under s. 139.973 (10) (a). The department shall design the logotype to be 24
distinguishable from any logotype for medical marijuana.
108.02 (18r) of the statutes is created to read:
108.02 (18r) Marijuana.
Marijuana” has the meaning given in s. 111.32 (11m).
108.04 (5m) of the statutes is created to read:
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 5
marijuana off the employer's premises during nonworking hours or a violation of the 6
employer's policy concerning such use, unless termination of the employee because 7
of that use is permitted under s. 111.35.
(b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does 9
not include the employee's use of marijuana off the employer's premises during 10
nonworking hours or a violation of the employer's policy concerning such use, unless 11
termination of the employee because of that use is permitted under s. 111.35.
108.133 (1) (a) of the statutes is renumbered 108.133 (1) (a) 1. and 13
amended to read:
(a) 1. Notwithstanding s. 108.02 (9), “controlled substance" has the 15
meaning given in 21 USC 802, except as provided in subd. 2
108.133 (1) (a) 2. of the statutes is created to read:
(a) 2. “Controlled substance” does not include 18
tetrahydrocannabinols, commonly known as “THC," in any form including 19
tetrahydrocannabinols contained in marijuana, obtained from marijuana, or 20
111.32 (9m) of the statutes is created to read:
“Lawful product” includes marijuana.
111.32 (11m) of the statutes is created to read:
“Marijuana” means all parts of the plants of the genus Cannabis, 25
whether growing or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or preparation 2
of the plant, its seeds or resin, including tetrahydrocannabinols.
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.