AB810: Bill Text

AB810,12,13 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or in an action under par. (b) 1g. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB810,35 Section 35. 30.684 (4) of the statutes is amended to read:

AB810,12,24 30.684 (4) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under sub. (1), (2) or (3) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated boating law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations or tetrahydrocannabinols concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

AB810,36 Section 36. 30.80 (6) (d) of the statutes is amended to read:

AB810,13,9 30.80 (6) (d) Alcohol, controlled substances or controlled substance analogs, tetrahydrocannabinols; examination. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB810,37 Section 37. 59.54 (25) of the statutes is amended to read:

AB810,13,19 59.54 (25) Possession Regulation of marijuana. The board may enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this subsection that is consistent with s. 961.71 or 961.72. Any ordinance enacted under this subsection applies in every municipality within the county.

AB810,38 Section 38. 66.0107 (1) (bm) of the statutes is amended to read:

AB810,14,2 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this paragraph that is consistent with s. 961.71 or 961.72.

AB810,39 Section 39. 85.53 (1) (d) of the statutes is amended to read:

AB810,14,6 85.53 (1) (d) "Operating while intoxicated" means a violation of s. 346.63 (1) or, (2m), or (2p) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6), 940.09 (1) or 940.25.

AB810,40 Section 40. 139.87 (7) of the statutes is amended to read:

AB810,14,10 139.87 (7) "Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t) in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana or chemically synthesized.

AB810,41 Section 41. Subchapter V (title) of chapter 139 [precedes 139.97] of the statutes is created to read:

AB810,14,13 chapter 139

AB810,14,14 subchapter v

AB810,14,15 marijuana tax and regulation

AB810,42 Section 42. 139.97 of the statutes is created to read:

AB810,14,17 139.97 Definitions. In this subchapter:

AB810,14,18 (1) "Department" means the department of revenue.

AB810,14,21 (2) "Lot" means a definite quantity of marijuana, useable marijuana, or marijuana-infused product identified by a lot number, every portion or package of which is consistent with the factors that appear in the labeling.

AB810,14,23 (3) "Lot number" means a number that specifies the person who holds a valid license under this subchapter and the harvesting or processing date for each lot.

AB810,14,24 (4) "Marijuana" has the meaning given in s. 961.70 (3).

AB810,15,4 (5) "Marijuana processor" means a person who processes marijuana into useable marijuana or marijuana-infused products, packages and labels useable marijuana or marijuana-infused products for sale in retail outlets, or sells useable marijuana or marijuana-infused products at wholesale to marijuana retailers.

AB810,15,6 (6) "Marijuana producer" means a person who produces marijuana and sells it at wholesale to marijuana processors or other marijuana producers.

AB810,15,9 (7) "Marijuana-infused product" means a product intended for human consumption that contains marijuana or marijuana extracts, not including useable marijuana.

AB810,15,11 (8) "Marijuana retailer" means a person who sells useable marijuana or marijuana-infused products at a retail outlet.

AB810,15,13 (9) "Permittee" means a marijuana producer, marijuana processor, or marijuana retailer who is issued a permit under s. 139.972.

AB810,15,15 (10) "Retail outlet" means a location for the retail sale of useable marijuana or marijuana-infused products.

AB810,15,16 (11) "Sales price" has the meaning given in s. 77.51 (15b).

AB810,15,18 (12) "Useable marijuana" means dried marijuana flowers, not including dried marijuana flowers that are part of any marijuana-infused product.

AB810,43 Section 43. 139.971 of the statutes is created to read:

AB810,15,22 139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana producer at the rate of 25 percent of the sales price on each wholesale sale in this state of marijuana to a marijuana processor or to another marijuana producer.

AB810,15,25 (b) An excise tax is imposed on a marijuana processor at the rate of 25 percent of the sales price on each wholesale sale in this state of useable marijuana or marijuana-infused product to a marijuana retailer.

AB810,16,3 (c) An excise tax is imposed on a marijuana retailer at the rate of 25 percent of the sales price on each retail sale in this state of useable marijuana or marijuana-infused product.

AB810,16,8 (2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes to the department no later than the 15th day of the month following the month in which the person's tax liability is incurred and shall include with the payment a return on a form prescribed by the department. The department shall deposit all taxes collected under this section into the marijuana fund.

AB810,44 Section 44. 139.972 of the statutes is created to read:

AB810,16,13 139.972 Permits required. (1) (a) No person may operate in this state as a marijuana producer, marijuana processor, or marijuana retailer without first filing an application for and obtaining the proper permit from the department to perform such operations.

AB810,16,16 (b) This section applies to all officers, directors, agents, and stockholders holding 5 percent or more of the stock of any corporation applying for a permit under this section.

AB810,16,18 (c) Subject to ss. 111.321, 111.322, and 111.335, no permit under this section may be granted to any person to whom any of the following applies:

AB810,16,20 1. The person has been convicted of a misdemeanor, not involving chs. 340 to 349, at least 3 times.

AB810,16,21 2. The person has been convicted of a felony, unless pardoned.

AB810,16,23 3. The person is addicted to the use of a controlled substance or controlled substance analog under ch. 961.

AB810,16,25 4. The person has income which comes principally from gambling or has been convicted of 2 or more gambling offenses.

AB810,17,1 5. The person has been guilty of crimes relating to prostitution.

AB810,17,3 6. The person has been guilty of crimes relating to loaning money or anything of value to persons holding licenses or permits pursuant to ch. 125.

AB810,17,4 7. The person is under the age of 21.

AB810,17,6 8. The person has not been a resident of this state continuously for at least 90 days prior to the application date.

AB810,17,14 (d) 1. Before the department issues a new or renewed permit under this section, the department shall give notice of the permit application to the governing body of the municipality where the the permit applicant intends to operate a retail outlet or other premises of a marijuana producer, marijuana processor, or marijuana retailer. No later than 30 days after the 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 municipality's request, the department may extend the period for filing objections.

AB810,18,2 2. A written objection filed under subd. 1. shall provide all the facts on which the objection is based. In determining whether to grant or deny a permit for which an objection has been filed under this paragraph, the department shall give substantial weight to objections from a municipality based on chronic illegal activity associated with the premises for which the applicant seeks a permit, the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, or the conduct of the applicant's patrons inside or outside the premises of any other operation in this state for which the applicant holds or has held a valid permit or license. In this subdivision, "chronic illegal activity" means a pervasive pattern of activity that threatens the public health, safety, and welfare of the municipality, including any crime or ordinance violation, and is documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar law enforcement agency records.

AB810,18,7 (e) After denying a permit, the department shall immediately notify the applicant in writing of the denial and the reasons for the denial. After making a decision to grant or deny a permit for which a municipality has filed an objection under par. (d), the department shall immediately notify the governing body of the municipality in writing of its decision and the reasons for the decision.

AB810,18,9 (f) 1. The department's denial of a permit under this section is subject to judicial review under ch. 227.

AB810,18,11 2. The department's decision to grant a permit under this section regardless of an objection filed under par. (d) is subject to judicial review under ch. 227.

AB810,18,13 (g) The department shall not issue a permit under this section to any person who does not hold a valid certificate under s. 73.03 (50).

AB810,18,22 (2) Each person who applies for a permit under this section shall submit with the application a $250 fee. Each person who is granted a permit under this section shall annually pay to the department a $1,000 fee for as long as the person holds a valid permit under this section. A permit issued under this section is valid for one year and may be renewed, except that the department may revoke or suspend a permit prior to it's expiration. A person is not entitled to a refund of the fees paid under this subsection if the person's permit is denied, revoked, or suspended. The department shall deposit the fees collected under this subsection into the marijuana fund.

AB810,19,2 (3) The department may not issue a permit under this section to operate any premises which are within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation facility, child care facility, public park, public transit facility, or library.

AB810,19,11 (4) Under this section, a separate permit is required for and issued to each class of permittee and the permit holder shall perform only the operations authorized by the permit. A permit issued under this section is not transferrable from one person to another or from one premises to another. A separate permit is required for each place in this state where the operations of a marijuana producer, marijuana processor, or marijuana retailer occur, including each retail outlet. No person who has been issued a permit to operate as a marijuana retailer, or who has any direct or indirect financial interest in the operation of a marijuana retailer, shall be issued a permit to operate as a marijuana producer or marijuana processor.

AB810,19,13 (5) Each person issued a permit under this section shall post the permit in a conspicuous place on the premises to which the permit relates.

AB810,45 Section 45. 139.973 of the statutes is created to read:

AB810,19,17 139.973 Regulation. (1) No person who is issued a permit under s. 139.972 may employ a person who is under the age of 21 to work in the business to which the permit relates.

AB810,19,20 (2) A retail outlet shall sell no products or services other than useable marijuana, marijuana-infused products, or paraphernalia intended for the storage or use of useable marijuana or marijuana-infused products.

AB810,19,22 (3) No marijuana retailer may allow a person who is under the age of 21 to enter or remain on the premises of a retail outlet.

AB810,19,25 (4) The maximum amount of useable marijuana or marijuana-infused product that a retail outlet may sell to an individual consumer in a single transaction may not exceed the permissible amount under s. 961.70 (3g).

AB810,20,4 (5) No marijuana retailer may display any signage in a window, on a door, or on the outside of the premises of a retail outlet that is visible to the general public from a public right-of-way, other than a single sign that is no larger than 1,600 square inches identifying the retail outlet by the permittee's business or trade name.

AB810,20,7 (6) No marijuana retailer may display useable marijuana or marijuana-infused products in a manner that is visible to the general public from a public right-of-way.

AB810,20,10 (7) No marijuana retailer or employee of a retail outlet may consume, or allow to be consumed, any useable marijuana or marijuana-infused product on the premises of the retail outlet.

AB810,20,14 (8) No marijuana producer, marijuana processor, or marijuana retailer may place or maintain, or cause to be placed or maintained, an advertisement of useable marijuana or a marijuana-infused product in any form or through any medium in any of the following locations:

AB810,20,17 (a) Within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation facility, child care facility, public park, public transit facility, or library.

AB810,20,18 (b) On or in a public transit vehicle or public transit shelter.

AB810,20,19 (c) On or in a publicly owned or publicly operated property.

AB810,21,4 (9) (a) On a schedule determined by the department, every marijuana producer and marijuana processor shall submit representative samples of the marijuana, useable marijuana, or marijuana-infused products produced or processed by the marijuana producer or marijuana processor to an independent 3rd-party testing laboratory that satisfies the accreditation criteria, prescribed by the department by rule, for inspecting and testing marijuana, useable marijuana, and marijuana-infused products in order to certify that the marijuana, useable marijuana, and marijuana-infused products comply with standards prescribed by the department by rule. The laboratory testing the sample shall destroy any part of the sample that remains after the testing.

AB810,21,7 (b) Marijuana producers and marijuana processors shall submit the results of the testing provided under par. (a) to the department in the manner prescribed by the department by rule.

AB810,21,13 (c) If a representative sample inspected and tested under par. (a) does not meet the standards prescribed by the department, the department shall take the necessary action to ensure that the entire lot from which the sample was taken is destroyed. The department shall promulgate rules to determine lots and lot numbers for purposes of this subsection and for the reporting of lots and lot numbers to the department.

AB810,46 Section 46. 139.974 of the statutes is created to read:

AB810,21,22 139.974 Records and reports. (1) Every person issued a permit under s. 139.972 shall keep accurate and complete records of the production and sales of marijuana, useable marijuana, and marijuana-infused products in this state. The records shall be kept on the premises described in the permit and in such manner as to ensure permanency and accessibility for inspection at reasonable hours by the department's authorized personnel. The department shall prescribe reasonable and uniform methods of keeping records and making reports and shall provide the necessary forms to permittees.

AB810,22,7 (2) If the department determines that any permittee's records are not kept in the prescribed form or are in such condition that the department requires an unusual amount of time to determine from the records the amount of the tax due, the department shall give notice to the permittee that the permittee is required to revise the permittee's records and keep them in the prescribed form. If the permittee fails to comply within 30 days, the permittee shall pay the expenses reasonably attributable to a proper examination and tax determination at the rate of $30 a day for each auditor used to make the examination and determination. The department shall send a bill for such expenses and the permittee shall pay the amount of such bill within 10 days.

AB810,22,17 (3) If any permittee fails to file a report when due, the permittee shall be required to pay a late filing fee of $10. A report that is mailed is filed on time if it is mailed in a properly addressed envelope with postage prepaid, the envelope is officially postmarked, or marked or recorded electronically as provided under section 7502 (f) (2) (c) of the Internal Revenue Code, on the date due, and the report is actually received by the department or at the destination that the department prescribes within 5 days of the due date. A report that is not mailed is timely if it is received on or before the due date by the department or at the destination that the department prescribes. For purposes of this subsection, "mailed" includes delivery by a delivery service designated under section 7502 (f) of the Internal Revenue Code.

AB810,22,22 (4) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating to confidentiality of income, franchise, and gift tax returns, apply to any information obtained from any permittee under this subchapter on a tax return, report, schedule, exhibit, or other document or from an audit report relating to any of those documents, except that the department of revenue shall publish production and sales statistics.

AB810,47 Section 47. 139.975 of the statutes is created to read:

AB810,23,3 139.975 Administration and enforcement. (1) The department shall administer and enforce this subchapter and promulgate rules necessary to administer and enforce this subchapter.

AB810,23,5 (2) The duly authorized employees of the department have all necessary police powers to prevent violations of this subchapter.

AB810,23,12 (3) Authorized personnel of the department of justice and the department of revenue, and any law enforcement officer, within their respective jurisdictions, may at all reasonable hours enter the premises of any permittee and examine the books and records to determine whether the tax imposed by this subchapter has been fully paid and may enter and inspect any premises where marijuana, useable marijuana, or marijuana-infused products are produced, processed, made, sold, or stored to determine whether the permittee is complying with this subchapter.

AB810,23,16 (4) The department may suspend or revoke the permit of any permittee who violates s. 100.30, any provision of this subchapter, or any rules promulgated under sub. (1). The department shall revoke the permit of any permittee who violates s. 100.30 3 or more times within a 5-year period.

AB810,23,24 (5) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied in s. 139.971. The aggrieved taxpayer shall pay the tax when due and, if paid under protest, may at any time within 90 days from the date of payment sue the state to recover the tax paid. If it is finally determined that any part of the tax was wrongfully collected, the secretary of administration shall pay the amount wrongfully collected out of the marijuana fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made.

AB810,24,6 (6) (a) Any person may be compelled to testify in regard to any violation of this subchapter of which the person may have knowledge, even though such testimony may tend to incriminate the person, upon being granted immunity from prosecution in connection with the testimony, and upon the giving of such testimony, the person shall not be prosecuted because of the violation relative to which the person has testified.

AB810,24,8 (b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085.

AB810,24,10 (7) The provisions on timely filing under s. 71.80 (18) apply to the tax imposed under this subchapter.

AB810,24,16 (8) Sections 71.74 (1), (2), (10), (11) and (14), 71.77, 71.91 (1) (a) and (c) and (2) to (7), 71.92, and 73.0301 as they apply to the taxes under ch. 71 apply to the taxes under this subchapter. Section 71.74 (13) as it applies to the collection of the taxes under ch. 71 applies to the collection of the taxes under this subchapter, except that the period during which notice of an additional assessment shall be given begins on the due date of the report under this subchapter.

AB810,24,20 (9) Any building or place of any kind where marijuana, useable marijuana, or a marijuana-infused product is sold, possessed, stored, or manufactured without a lawful permit or in violation of s. 139.972 or 139.973 is declared a public nuisance and may be closed and abated as such.