AB506,15,7 5(2) Application. A person who is claiming to be a qualifying patient may apply
6for a registry identification card by submitting to the department a signed
7application form containing or accompanied by all of the following:
AB506,15,88 (a) His or her name, address, and date of birth.
AB506,15,99 (b) A written certification.
AB506,15,1110 (c) The name, address, and telephone number of the person's current physician,
11as listed in the written certification.
AB506,15,1312 (d) If the person has not attained the age of 18 years, a signature of a parent
13or guardian of the person.
AB506,15,18 14(3) Processing the application. The department shall verify the information
15contained in or accompanying an application submitted under sub. (2) and shall
16approve or deny the application within 30 days after receiving it. The department
17may deny an application submitted under sub. (2) only if the required information
18has not been provided or if false information has been provided.
AB506,16,2 19(4) Issuing a registry identification card and tax exemption certificate. The
20department shall issue to the applicant a registry identification card and tax
21exemption certificate within 5 days after approving an application under sub. (3).
22Unless voided under sub. (5) (b) or revoked under rules issued by the department
23under sub. (7), a registry identification card and tax exemption certificate shall
24expire 4 years from the date of issuance. A tax exemption certificate shall contain

1the information determined by the department. A registry identification card shall
2contain all of the following:
AB506,16,33 (a) The name, address, and date of birth of the registrant.
AB506,16,44 (b) The date of issuance and expiration date of the registry identification card.
AB506,16,55 (c) A photograph of the registrant.
AB506,16,66 (d) Other information the department may require by rule.
AB506,16,11 7(5) Additional information to be provided by registrant. (a) A registrant
8shall notify the department of any change in the registrant's name and address. A
9registrant who is a qualifying patient shall notify the department of any change in
10his or her physician or of any significant improvement in his or her health as it
11relates to his or her debilitating medical condition or treatment.
AB506,16,1412 (b) If a registrant fails to notify the department within 10 days after any change
13for which notification is required under par. (a), his or her registry identification card
14and tax exemption certificate is void.
AB506,16,15 15(6) Records. (a) The department shall maintain a list of all registrants.
AB506,16,1816 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
17may not disclose information from an application submitted or a registry
18identification card issued under this section.
AB506,16,2219 (c) The department may disclose to state or local law enforcement agencies
20information from an application submitted by, or from a registry identification card
21issued to, a specific person under this section for the purpose of verifying that the
22person possesses a valid registry identification card.
AB506,17,223 (d) No state or local agency may access the list maintained under par. (a) or
24information gathered from the list maintained under par. (a) or inquire about a
25person's status as an applicant or registrant under this section for the purpose of

1approving or disapproving a person from purchasing, owning, possessing, or
2carrying a firearm.
AB506,17,3 3(7) Rules. The department shall promulgate rules to implement this section.
AB506,22 4Section 22 . 77.54 (71) of the statutes is created to read:
AB506,17,75 77.54 (71) The sales price from the sale of and the storage, use, or other
6consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an
7individual who holds a valid certificate issued under s. 73.17 (4).
AB506,23 8Section 23. 94.55 (2t) of the statutes is repealed.
AB506,24 9Section 24 . 94.56 of the statutes is created to read:
AB506,17,11 1094.56 Marijuana producers and processors. (1) Definitions. In this
11section:
AB506,17,1412 (a) “Labor peace agreement” means an agreement between a person applying
13for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
14that does all of the following:
AB506,17,1715 1. Prohibits labor organizations and its members from engaging in picketing,
16work stoppages, boycotts, and any other economic interference with persons doing
17business in this state.
AB506,17,1918 2. Prohibits the applicant from disrupting the efforts of the labor organization
19to communicate with and to organize and represent the applicant's employees.
AB506,17,2320 3. Provides the labor organization access at reasonable times to areas in which
21the applicant's employees work for the purpose of meeting with employees to discuss
22their right to representation, employment rights under state law, and terms and
23conditions of employment.
AB506,17,2424 (b) “Marijuana" has the meaning given in s. 961.70 (2).
AB506,17,2525 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).
AB506,18,1
1(d) “Marijuana producer” has the meaning given in s. 139.97 (7).
AB506,18,22 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).
AB506,18,43 (f) “Permittee” means a marijuana producer or marijuana processor who is
4issued a permit under this section.
AB506,18,13 5(2) Permit required. (a) No person may operate in this state as a marijuana
6producer or marijuana processor without a permit from the department. A person
7who acts as a marijuana producer and a marijuana processor shall obtain a separate
8permit for each activity. A permit issued under this section is not transferable from
9one person to another or from one premises to another. A separate permit is required
10for each place in this state where the operations of a marijuana producer or
11marijuana processor occur. A person is not required to obtain a permit under this
12section if the person produces or processes only industrial hemp and holds a valid
13license under s. 94.55.
AB506,18,1614 (b) This subsection applies to all officers, directors, agents, and stockholders
15holding 5 percent or more of the stock of any corporation applying for a permit under
16this section.
AB506,18,1817 (c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
18not be granted to any person to whom any of the following applies:
AB506,18,2019 1. The person has been convicted of a violent misdemeanor, as defined in s.
20941.29 (1g) (b), at least 3 times.
AB506,18,2221 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
22(a), unless pardoned.
AB506,18,2423 3. During the preceding 3 years, the person has been committed under s. 51.20
24for being drug dependent.
AB506,19,5
14. The person chronically and habitually uses alcohol beverages or other
2substances to the extent that his or her normal faculties are impaired. A person is
3presumed to chronically and habitually use alcohol beverages or other substances to
4the extent that his or her normal faculties are impaired if, within the preceding 3
5years, any of the following applies:
AB506,19,76 a. The person has been committed for involuntary treatment under s. 51.45
7(13).
AB506,19,88 b. The person has been convicted of a violation of s. 941.20 (1) (b).
AB506,19,189 c. In 2 or more cases arising out of separate incidents, a court has found the
10person to have committed a violation of s. 346.63 or a local ordinance in conformity
11with that section; a violation of a law of a federally recognized American Indian tribe
12or band in this state in conformity with s. 346.63; or a violation of the law of another
13jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
14intoxicated, while under the influence of a controlled substance, a controlled
15substance analog, or a combination thereof, with an excess or specified range of
16alcohol concentration, or while under the influence of any drug to a degree that
17renders the person incapable of safely driving, as those or substantially similar
18terms are used in that jurisdiction's laws.
AB506,19,2019 5. The person has income that comes principally from gambling or has been
20convicted of 2 or more gambling offenses.
AB506,19,2121 6. The person has been convicted of crimes relating to prostitution.
AB506,19,2322 7. The person has been convicted of crimes relating to loaning money or
23anything of value to persons holding licenses or permits pursuant to ch. 125.
AB506,19,2424 8. The person is under the age of 21.
AB506,20,2
19. The person has not been a resident of this state continuously for at least 90
2days prior to the application date.
AB506,20,93 (cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
4employees may not receive a permit under this section unless the applicant certifies
5to the department that the applicant has entered into a labor peace agreement and
6will abide by the terms of the agreement as a condition of maintaining a valid permit
7under this section. The applicant shall submit to the department a copy of the page
8of the labor peace agreement that contains the signatures of the labor organization
9representative and the applicant.
AB506,20,1910 (cn) The department shall use a competitive scoring system to determine which
11applicants are eligible to receive a permit under this section. The department shall
12issue permits to the highest scoring applicants that it determines will best protect
13the environment; provide stable, family-supporting jobs to local residents; ensure
14worker and consumer safety; operate secure facilities; and uphold the laws of the
15jurisdictions in which they operate. The department may deny a permit to an
16applicant with a low score as determined under this paragraph. The department
17may request that the applicant provide any information or documentation that the
18department deems necessary for purposes of making a determination under this
19paragraph.
AB506,21,220 (d) 1. Before the department issues a new or renewed permit under this section,
21the department shall give notice of the permit application to the governing body of
22the municipality where the permit applicant intends to operate the premises of a
23marijuana producer or marijuana processor. No later than 30 days after the
24department submits the notice, the governing body of the municipality may file with

1the department a written objection to granting or renewing the permit. At the
2municipality's request, the department may extend the period for filing objections.
AB506,21,163 2. A written objection filed under subd. 1. shall provide all the facts on which
4the objection is based. In determining whether to grant or deny a permit for which
5an objection has been filed under this paragraph, the department shall give
6substantial weight to objections from a municipality based on chronic illegal activity
7associated with the premises for which the applicant seeks a permit or the premises
8of any other operation in this state for which the applicant holds or has held a valid
9permit or license, the conduct of the applicant's patrons inside or outside the
10premises of any other operation in this state for which the applicant holds or has held
11a valid permit or license, and local zoning ordinances. In this subdivision, “ chronic
12illegal activity" means a pervasive pattern of activity that threatens the public
13health, safety, and welfare of the municipality, including any crime or ordinance
14violation, and that is documented in crime statistics, police reports, emergency
15medical response data, calls for service, field data, or similar law enforcement agency
16records.
AB506,21,2117 (e) After denying a permit, the department shall immediately notify the
18applicant in writing of the denial and the reasons for the denial. After making a
19decision to grant or deny a permit for which a municipality has filed an objection
20under par. (d), the department shall immediately notify the governing body of the
21municipality in writing of its decision and the reasons for the decision.
AB506,21,2322 (f) 1. The department's denial of a permit under this section is subject to judicial
23review under ch. 227.
AB506,21,2524 2. The department's decision to grant a permit under this section regardless of
25an objection filed under par. (d) is subject to judicial review under ch. 227.
AB506,22,2
1(g) The department shall not issue a permit under this section to any person
2who does not hold a valid certificate under s. 73.03 (50).
AB506,22,8 3(3) Fees; term. (a) Each person who applies for a permit under this section
4shall submit with the application a $250 fee. A permit issued under this section is
5valid for one year and may be renewed, except that the department may revoke or
6suspend a permit prior to its expiration. A person is not entitled to a refund of the
7fees paid under this subsection if the person's permit is denied, revoked, or
8suspended.
AB506,22,129 (b) A permittee shall annually pay to the department a fee for as long as the
10person holds a valid permit under this section. The annual fee for a marijuana
11processor permittee is $2,000. The annual fee for a marijuana producer permittee
12is one of the following, unless the department, by rule, establishes a higher amount:
AB506,22,1413 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
14marijuana plants, $1,800.
AB506,22,1615 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
16not more than 3,600 marijuana plants, $2,900.
AB506,22,1817 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
18not more than 6,000 marijuana plants, $3,600.
AB506,22,2019 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
20not more than 10,200 marijuana plants, $5,100.
AB506,22,2221 5. If the permittee plants, grows, cultivates, or harvests more than 10,200
22marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
AB506,23,2 23(4) Schools. The department may not issue a permit under this section to
24operate any premises that are within 500 feet of the perimeter of the grounds of any

1elementary or secondary school, playground, recreation facility, child care facility,
2public park, public transit facility, or library.
AB506,23,10 3(5) Education and awareness campaign. The department shall develop and
4make available training programs for marijuana producers on how to safely and
5efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for
6marijuana processors on how to safely and efficiently produce and handle marijuana
7products and test marijuana for contaminants. The department shall conduct an
8awareness campaign to inform potential marijuana producers and marijuana
9processors of the availability and viability of marijuana as a crop or product in this
10state.
AB506,23,15 11(6) Rules. The department shall promulgate rules necessary to administer and
12enforce this section, including rules relating to the inspection of the plants, facilities,
13and products of permittees; training requirements for employees of permittees; and
14the competitive scoring system for determining which applicants are eligible to
15receive a permit under this section.
AB506,23,20 16(7) Penalties. (a) Unless another penalty is prescribed for the violation, any
17person who violates sub. (2), fails to pay the required fee under sub. (3), or violates
18any of the requirements established by the rules promulgated under sub. (6) shall
19be fined not less than $100 nor more than $500 or imprisoned not more than 6 months
20or both.
AB506,24,221 (b) In addition to the penalties imposed under par. (a), the department shall
22revoke the permit of any person convicted of any violation described under par. (a)
23and not issue another permit to that person for a period of 2 years following the
24revocation. The department may suspend or revoke the permit of any permittee who
25violates s. 100.30, any provision of this section, or any rules promulgated under sub.

1(6). The department shall revoke the permit of any permittee who violates s. 100.30
23 or more times within a 5-year period.
AB506,25 3Section 25. 94.57 of the statutes is created to read:
AB506,24,7 494.57 Testing laboratories. The department shall register entities as
5tetrahydrocannabinols testing laboratories. The laboratories may possess or
6manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
7following services:
AB506,24,9 8(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
9potency and for mold, fungus, pesticides, and other contaminants.
AB506,24,12 10(2) Collect information on research findings and conduct research related to
11the medical use of tetrahydrocannabinols, including research that identifies
12potentially unsafe levels of contaminants.
AB506,24,13 13(3) Provide training on the following:
AB506,24,1514 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and
15distribution of marijuana for the medical use of tetrahydrocannabinols.
AB506,24,1616 (b) Security and inventory accountability procedures.
AB506,24,1717 (c) The most recent research on the use of tetrahydrocannabinols.
AB506,26 18Section 26 . 100.145 of the statutes is created to read:
AB506,24,21 19100.145 Recreational marijuana logotype. The department shall design
20an official logotype appropriate for including on a label affixed to recreational
21marijuana under s. 139.973 (10) (a).
AB506,27 22Section 27 . 108.02 (18r) of the statutes is created to read:
AB506,24,2323 108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).
AB506,28 24Section 28 . 108.04 (5m) of the statutes is created to read:
AB506,25,5
1108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5),
2“misconduct," for purposes of sub. (5), does not include the employee's use of
3marijuana off the employer's premises during nonworking hours or a violation of the
4employer's policy concerning such use, unless termination of the employee because
5of that use is permitted under s. 111.35.
AB506,25,96 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
7not include the employee's use of marijuana off the employer's premises during
8nonworking hours or a violation of the employer's policy concerning such use, unless
9termination of the employee because of that use is permitted under s. 111.35.
AB506,29 10Section 29 . 111.32 (9m) of the statutes is created to read:
AB506,25,1111 111.32 (9m) “Lawful product” includes marijuana.
AB506,30 12Section 30 . 111.32 (11m) of the statutes is created to read:
AB506,25,1613 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
16of the plant, its seeds or resin, including tetrahydrocannabinols.
AB506,31 17Section 31 . 111.35 (2) (e) of the statutes is amended to read:
AB506,25,2018 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.
AB506,32 21Section 32 . 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
Loading...
Loading...