AB810,44 9Section 44. 139.972 of the statutes is created to read:
AB810,16,13 10139.972 Permits required. (1) (a) No person may operate in this state as a
11marijuana producer, marijuana processor, or marijuana retailer without first filing
12an application for and obtaining the proper permit from the department to perform
13such operations.
AB810,16,1614 (b) This section 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.
AB810,16,1817 (c) Subject to ss. 111.321, 111.322, and 111.335, no permit under this section
18may be granted to any person to whom any of the following applies:
AB810,16,2019 1. The person has been convicted of a misdemeanor, not involving chs. 340 to
20349, at least 3 times.
AB810,16,2121 2. The person has been convicted of a felony, unless pardoned.
AB810,16,2322 3. The person is addicted to the use of a controlled substance or controlled
23substance analog under ch. 961.
AB810,16,2524 4. The person has income which comes principally from gambling or has been
25convicted of 2 or more gambling offenses.
AB810,17,1
15. The person has been guilty of crimes relating to prostitution.
AB810,17,32 6. The person has been guilty of crimes relating to loaning money or anything
3of value to persons holding licenses or permits pursuant to ch. 125.
AB810,17,44 7. The person is under the age of 21.
AB810,17,65 8. The person has not been a resident of this state continuously for at least 90
6days prior to the application date.
AB810,17,147 (d) 1. Before the department issues a new or renewed permit under this section,
8the department shall give notice of the permit application to the governing body of
9the municipality where the the permit applicant intends to operate a retail outlet or
10other premises of a marijuana producer, marijuana processor, or marijuana retailer.
11No later than 30 days after the department submits the notice, the governing body
12of the municipality may file with the department a written objection to granting or
13renewing the permit. At the municipality's request, the department may extend the
14period for filing objections.
AB810,18,215 2. A written objection filed under subd. 1. shall provide all the facts on which
16the objection is based. In determining whether to grant or deny a permit for which
17an objection has been filed under this paragraph, the department shall give
18substantial weight to objections from a municipality based on chronic illegal activity
19associated with the premises for which the applicant seeks a permit, the premises
20of any other operation in this state for which the applicant holds or has held a valid
21permit or license, or the conduct of the applicant's patrons inside or outside the
22premises of any other operation in this state for which the applicant holds or has held
23a valid permit or license. In this subdivision, "chronic illegal activity" means a
24pervasive pattern of activity that threatens the public health, safety, and welfare of
25the municipality, including any crime or ordinance violation, and is documented in

1crime statistics, police reports, emergency medical response data, calls for service,
2field data, or similar law enforcement agency records.
AB810,18,73 (e) After denying a permit, the department shall immediately notify the
4applicant in writing of the denial and the reasons for the denial. After making a
5decision to grant or deny a permit for which a municipality has filed an objection
6under par. (d), the department shall immediately notify the governing body of the
7municipality in writing of its decision and the reasons for the decision.
AB810,18,98 (f) 1. The department's denial of a permit under this section is subject to judicial
9review under ch. 227.
AB810,18,1110 2. The department's decision to grant a permit under this section regardless of
11an objection filed under par. (d) is subject to judicial review under ch. 227.
AB810,18,1312 (g) The department shall not issue a permit under this section to any person
13who does not hold a valid certificate under s. 73.03 (50).
AB810,18,22 14(2) Each person who applies for a permit under this section shall submit with
15the application a $250 fee. Each person who is granted a permit under this section
16shall annually pay to the department a $1,000 fee for as long as the person holds a
17valid permit under this section. A permit issued under this section is valid for one
18year and may be renewed, except that the department may revoke or suspend a
19permit prior to it's expiration. A person is not entitled to a refund of the fees paid
20under this subsection if the person's permit is denied, revoked, or suspended. The
21department shall deposit the fees collected under this subsection into the marijuana
22fund.
AB810,19,2 23(3) The department may not issue a permit under this section to operate any
24premises which are within 1,000 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.
AB810,19,11 3(4) Under this section, a separate permit is required for and issued to each class
4of permittee and the permit holder shall perform only the operations authorized by
5the permit. A permit issued under this section is not transferrable from one person
6to another or from one premises to another. A separate permit is required for each
7place in this state where the operations of a marijuana producer, marijuana
8processor, or marijuana retailer occur, including each retail outlet. No person who
9has been issued a permit to operate as a marijuana retailer, or who has any direct
10or indirect financial interest in the operation of a marijuana retailer, shall be issued
11a permit to operate as a marijuana producer or marijuana processor.
AB810,19,13 12(5) Each person issued a permit under this section shall post the permit in a
13conspicuous place on the premises to which the permit relates.
AB810,45 14Section 45. 139.973 of the statutes is created to read:
AB810,19,17 15139.973 Regulation. (1) No person who is issued a permit under s. 139.972
16may employ a person who is under the age of 21 to work in the business to which the
17permit relates.
AB810,19,20 18(2) A retail outlet shall sell no products or services other than useable
19marijuana, marijuana-infused products, or paraphernalia intended for the storage
20or use of useable marijuana or marijuana-infused products.
AB810,19,22 21(3) No marijuana retailer may allow a person who is under the age of 21 to enter
22or remain on the premises of a retail outlet.
AB810,19,25 23(4) The maximum amount of useable marijuana or marijuana-infused product
24that a retail outlet may sell to an individual consumer in a single transaction may
25not exceed the permissible amount under s. 961.70 (3g).
AB810,20,4
1(5) No marijuana retailer may display any signage in a window, on a door, or
2on the outside of the premises of a retail outlet that is visible to the general public
3from a public right-of-way, other than a single sign that is no larger than 1,600
4square inches identifying the retail outlet by the permittee's business or trade name.
AB810,20,7 5(6) No marijuana retailer may display useable marijuana or
6marijuana-infused products in a manner that is visible to the general public from
7a public right-of-way.
AB810,20,10 8(7) No marijuana retailer or employee of a retail outlet may consume, or allow
9to be consumed, any useable marijuana or marijuana-infused product on the
10premises of the retail outlet.
AB810,20,14 11(8) No marijuana producer, marijuana processor, or marijuana retailer may
12place or maintain, or cause to be placed or maintained, an advertisement of useable
13marijuana or a marijuana-infused product in any form or through any medium in
14any of the following locations:
AB810,20,1715 (a) Within 1,000 feet of the perimeter of the grounds of any elementary or
16secondary school, playground, recreation facility, child care facility, public park,
17public transit facility, or library.
AB810,20,1818 (b) On or in a public transit vehicle or public transit shelter.
AB810,20,1919 (c) On or in a publicly owned or publicly operated property.
AB810,21,4 20(9) (a) On a schedule determined by the department, every marijuana producer
21and marijuana processor shall submit representative samples of the marijuana,
22useable marijuana, or marijuana-infused products produced or processed by the
23marijuana producer or marijuana processor to an independent 3rd-party testing
24laboratory that satisfies the accreditation criteria, prescribed by the department by
25rule, for inspecting and testing marijuana, useable marijuana, and

1marijuana-infused products in order to certify that the marijuana, useable
2marijuana, and marijuana-infused products comply with standards prescribed by
3the department by rule. The laboratory testing the sample shall destroy any part of
4the sample that remains after the testing.
AB810,21,75 (b) Marijuana producers and marijuana processors shall submit the results of
6the testing provided under par. (a) to the department in the manner prescribed by
7the department by rule.
AB810,21,138 (c) If a representative sample inspected and tested under par. (a) does not meet
9the standards prescribed by the department, the department shall take the
10necessary action to ensure that the entire lot from which the sample was taken is
11destroyed. The department shall promulgate rules to determine lots and lot
12numbers for purposes of this subsection and for the reporting of lots and lot numbers
13to the department.
AB810,46 14Section 46. 139.974 of the statutes is created to read:
AB810,21,22 15139.974 Records and reports. (1) Every person issued a permit under s.
16139.972 shall keep accurate and complete records of the production and sales of
17marijuana, useable marijuana, and marijuana-infused products in this state. The
18records shall be kept on the premises described in the permit and in such manner as
19to ensure permanency and accessibility for inspection at reasonable hours by the
20department's authorized personnel. The department shall prescribe reasonable and
21uniform methods of keeping records and making reports and shall provide the
22necessary forms to permittees.
AB810,22,7 23(2) If the department determines that any permittee's records are not kept in
24the prescribed form or are in such condition that the department requires an unusual
25amount of time to determine from the records the amount of the tax due, the

1department shall give notice to the permittee that the permittee is required to revise
2the permittee's records and keep them in the prescribed form. If the permittee fails
3to comply within 30 days, the permittee shall pay the expenses reasonably
4attributable to a proper examination and tax determination at the rate of $30 a day
5for each auditor used to make the examination and determination. The department
6shall send a bill for such expenses and the permittee shall pay the amount of such
7bill within 10 days.
AB810,22,17 8(3) If any permittee fails to file a report when due, the permittee shall be
9required to pay a late filing fee of $10. A report that is mailed is filed on time if it is
10mailed in a properly addressed envelope with postage prepaid, the envelope is
11officially postmarked, or marked or recorded electronically as provided under section
127502 (f) (2) (c) of the Internal Revenue Code, on the date due, and the report is
13actually received by the department or at the destination that the department
14prescribes within 5 days of the due date. A report that is not mailed is timely if it
15is received on or before the due date by the department or at the destination that the
16department prescribes. For purposes of this subsection, "mailed" includes delivery
17by a delivery service designated under section 7502 (f) of the Internal Revenue Code.
AB810,22,22 18(4) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating
19to confidentiality of income, franchise, and gift tax returns, apply to any information
20obtained from any permittee under this subchapter on a tax return, report, schedule,
21exhibit, or other document or from an audit report relating to any of those documents,
22except that the department of revenue shall publish production and sales statistics.
AB810,47 23Section 47. 139.975 of the statutes is created to read:
AB810,23,3
1139.975 Administration and enforcement. (1) The department shall
2administer and enforce this subchapter and promulgate rules necessary to
3administer and enforce this subchapter.
AB810,23,5 4(2) The duly authorized employees of the department have all necessary police
5powers to prevent violations of this subchapter.
AB810,23,12 6(3) Authorized personnel of the department of justice and the department of
7revenue, and any law enforcement officer, within their respective jurisdictions, may
8at all reasonable hours enter the premises of any permittee and examine the books
9and records to determine whether the tax imposed by this subchapter has been fully
10paid and may enter and inspect any premises where marijuana, useable marijuana,
11or marijuana-infused products are produced, processed, made, sold, or stored to
12determine whether the permittee is complying with this subchapter.
AB810,23,16 13(4) The department may suspend or revoke the permit of any permittee who
14violates s. 100.30, any provision of this subchapter, or any rules promulgated under
15sub. (1). The department shall revoke the permit of any permittee who violates s.
16100.30 3 or more times within a 5-year period.
AB810,23,24 17(5) No suit shall be maintained in any court to restrain or delay the collection
18or payment of the tax levied in s. 139.971. The aggrieved taxpayer shall pay the tax
19when due and, if paid under protest, may at any time within 90 days from the date
20of payment sue the state to recover the tax paid. If it is finally determined that any
21part of the tax was wrongfully collected, the secretary of administration shall pay the
22amount wrongfully collected out of the marijuana fund. A separate suit need not be
23filed for each separate payment made by any taxpayer, but a recovery may be had
24in one suit for as many payments as may have been made.
AB810,24,6
1(6) (a) Any person may be compelled to testify in regard to any violation of this
2subchapter of which the person may have knowledge, even though such testimony
3may tend to incriminate the person, upon being granted immunity from prosecution
4in connection with the testimony, and upon the giving of such testimony, the person
5shall not be prosecuted because of the violation relative to which the person has
6testified.
AB810,24,87 (b) The immunity provided under par. (a) is subject to the restrictions under
8s. 972.085.
AB810,24,10 9(7) The provisions on timely filing under s. 71.80 (18) apply to the tax imposed
10under this subchapter.
AB810,24,16 11(8) Sections 71.74 (1), (2), (10), (11) and (14), 71.77, 71.91 (1) (a) and (c) and (2)
12to (7), 71.92, and 73.0301 as they apply to the taxes under ch. 71 apply to the taxes
13under this subchapter. Section 71.74 (13) as it applies to the collection of the taxes
14under ch. 71 applies to the collection of the taxes under this subchapter, except that
15the period during which notice of an additional assessment shall be given begins on
16the due date of the report under this subchapter.
AB810,24,20 17(9) Any building or place of any kind where marijuana, useable marijuana, or
18a marijuana-infused product is sold, possessed, stored, or manufactured without a
19lawful permit or in violation of s. 139.972 or 139.973 is declared a public nuisance
20and may be closed and abated as such.
AB810,24,23 21(10) At the request of the secretary of revenue, the attorney general may
22represent this state or assist a district attorney in prosecuting any case arising under
23this subchapter.
AB810,48 24Section 48. 139.976 of the statutes is created to read:
AB810,25,8
1139.976 Theft of tax moneys. All marijuana tax moneys received by a
2permittee for the sale of marijuana, useable marijuana, and marijuana-infused
3products on which the tax under this subchapter has become due and has not been
4paid are trust funds in the permittee's possession and are the property of this state.
5Any permittee who fraudulently withholds, appropriates, or otherwise uses
6marijuana tax moneys that are the property of this state is guilty of theft under s.
7943.20 (1), whether or not the permittee has or claims to have an interest in those
8moneys.
AB810,49 9Section 49. 139.977 of the statutes is created to read:
AB810,25,17 10139.977 Seizure and confiscation. (1) All marijuana, useable marijuana,
11and marijuana-infused products produced, processed, made, kept, stored, sold,
12distributed, or transported in violation of this subchapter, and all tangible personal
13property used in connection with the marijuana, useable marijuana, or
14marijuana-infused products, is unlawful property and subject to seizure by the
15department or a law enforcement officer. Except as provided in sub. (2), all
16marijuana, useable marijuana, and marijuana-infused products seized under this
17subsection shall be destroyed.
AB810,26,2 18(2) If marijuana, useable marijuana, or marijuana-infused products on which
19the tax has not been paid are seized as provided under sub. (1), they may be given
20to law enforcement officers to use in criminal investigations or sold to qualified
21buyers by the department, without notice. If the marijuana, useable marijuana, or
22marijuana-infused products are sold, after deducting the costs of selling and storing
23the property, the department shall pay the sale proceeds into the marijuana fund.
24If the department finds that the marijuana, useable marijuana, or
25marijuana-infused products may deteriorate or become unfit for use in criminal

1investigations or for sale, or that those uses would otherwise be impractical, the
2department may order them destroyed.
AB810,26,9 3(3) If marijuana, useable marijuana, or marijuana-infused products on which
4the tax has been paid are seized as provided under sub. (1) they shall be returned to
5the true owner if ownership can be ascertained and the owner or the owner's agent
6is not involved in the violation resulting in the seizure. If the ownership cannot be
7ascertained or if the owner or the owner's agent was guilty of the violation that
8resulted in the seizure of the marijuana, useable marijuana, or marijuana-infused
9products, they may be sold or otherwise disposed of as provided in sub. (2).
AB810,27,5 10(4) If tangible personal property other than marijuana, useable marijuana, and
11marijuana-infused products is seized as provided under sub. (1), the department
12shall advertise the tangible personal property for sale by publication of a class 2
13notice under ch. 985. If no person claiming a lien on, or ownership of, the property
14has notified the department of the person's claim within 10 days after last insertion
15of the notice, the department shall sell the property. If a sale is not practical the
16department may destroy the property. If a person claiming a lien on, or ownership
17of, the property notifies the department within the time prescribed in this
18subsection, the department may apply to the circuit court in the county where the
19property was seized for an order directing disposition of the property or the proceeds
20from the sale of the property. If the court orders the property to be sold, all liens, if
21any, may be transferred from the property to the sale proceeds. Neither the property
22seized nor the proceeds from the sale shall be turned over to any claimant of lien or
23ownership unless the claimant first establishes that the property was not used in
24connection with any violation under this subchapter or that, if so used, it was done
25without the claimant's knowledge or consent and without the claimant's knowledge

1of facts that should have given the claimant reason to believe it would be put to such
2use. If no claim of lien or ownership is established as provided under this subsection
3the property may be ordered destroyed. In case of a sale, the net proceeds after
4deducting costs, expenses, and established claims shall be paid into the marijuana
5fund.
AB810,50 6Section 50. 139.978 of the statutes is created to read:
AB810,27,11 7139.978 Interest and penalties. (1) Any person who makes or signs any
8false or fraudulent report under this subchapter or who attempts to evade the tax
9imposed by s. 139.971, or who aids in or abets the evasion or attempted evasion of
10that tax, may be fined not more than $10,000 or imprisoned for not more than 9
11months or both.
AB810,27,14 12(2) Any permittee who fails to keep the records required by s. 139.974 (1) and
13(2) shall be fined not less than $100 nor more than $500 or imprisoned not more than
146 months or both.
AB810,27,19 15(3) Any person who refuses to permit the examination or inspection authorized
16under s. 139.975 (3) may be fined not more than $500 or imprisoned not more than
176 months or both. The department shall immediately suspend or revoke the permit
18of any person who refuses to permit the examination or inspection authorized under
19s. 139.975 (3).
AB810,27,22 20(4) Any person who violates any of the provisions of this subchapter for which
21no other penalty is prescribed shall be fined not less than $100 nor more than $1,000
22or imprisoned not less than 10 days nor more than 90 days or both.
AB810,27,25 23(5) Any person who violates any of the rules promulgated in accordance with
24this subchapter shall be fined not less than $100 nor more than $500 or be
25imprisoned not more than 6 months or both.
AB810,28,4
1(6) In addition to the penalties imposed for violating the provisions of this
2subchapter or any of the department's rules, the department shall automatically
3revoke the permit of any person convicted of such a violation and not issue another
4permit to that person for a period of 2 years following the revocation.
AB810,28,8 5(7) Unpaid taxes bear interest at the rate of 12 percent per year from the due
6date of the return until paid or deposited with the department, and all refunded taxes
7bear interest at the rate of 3 percent per year from the due date of the return to the
8date on which the refund is certified on the refund rolls.
AB810,28,10 9(8) All nondelinquent payments of additional amounts owed shall be applied
10in the following order: penalties, interest, tax principal.
AB810,28,13 11(9) Delinquent marijuana taxes bear interest at the rate of 1.5 percent per
12month until paid. The taxes imposed by this subchapter shall become delinquent if
13not paid:
AB810,28,1514 (a) In the case of a timely filed return, no return filed or a late return, on or
15before the due date of the return.
AB810,28,1716 (b) In the case of a deficiency determination of taxes, within 2 months after the
17date of demand.
AB810,28,21 18(10) If due to neglect an incorrect return is filed, the entire tax finally
19determined is subject to a penalty of 25 percent of the tax exclusive of interest or
20other penalty. A person filing an incorrect return has the burden of proving that the
21error or errors were due to good cause and not due to neglect.
AB810,51 22Section 51. 340.01 (50m) (a) of the statutes is amended to read:
AB810,28,2423 340.01 (50m) (a) A controlled substance included in schedule I under ch. 961
24other than a tetrahydrocannabinol.
AB810,52 25Section 52. 340.01 (50m) (e) of the statutes is repealed.
AB810,53
1Section 53. 340.01 (66m) of the statutes is created to read:
AB810,29,32 340.01 (66m) "Tetrahydrocannabinols concentration" has the meaning given
3in s. 23.33 (1) (k).
AB810,54 4Section 54. 343.10 (5) (a) 1. of the statutes is amended to read:
AB810,29,165 343.10 (5) (a) 1. In addition to any restrictions appearing on the former
6operator's license of the applicant, the occupational license shall contain definite
7restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60,
8type of occupation and areas or routes of travel which are permitted under the
9license. The occupational license may permit travel to and from church during
10specified hours if the travel does not exceed the restrictions as to hours of the day and
11hours per week in this subdivision. The occupational license may permit travel
12necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305
13if the travel does not exceed the restrictions as to hours of the day and hours per week
14in this subdivision. The occupational license may contain restrictions on the use of
15alcohol, of tetracannabinols, and of controlled substances and controlled substance
16analogs in violation of s. 961.41.
AB810,55 17Section 55. 343.10 (5) (a) 2. of the statutes is amended to read:
AB810,29,2218 343.10 (5) (a) 2. If the applicant has 2 or more convictions, suspensions or
19revocations, as counted under s. 343.307 (1), the occupational license shall prohibit
20the applicant from driving or operating a motor vehicle while he or she has an alcohol
21concentration of more than 0.0 or a tetrahydrocannabinols concentration of more
22than 0.0
.
AB810,56 23Section 56. 343.12 (7) (a) 11. of the statutes is amended to read:
AB810,30,3
1343.12 (7) (a) 11. Operating a motor vehicle while under the legal drinking age
2with a prohibited alcohol concentration under s. 346.63 (2m) or while under the legal
3age with a prohibited tetrahydrocannabinols concentration under s. 346.63 (2p)
.
AB810,57 4Section 57. 343.16 (2) (b) of the statutes is amended to read:
AB810,31,35 343.16 (2) (b) Specific requirements. The standards developed by the
6department under par. (c) shall provide that the examination for persons making
7their first application for an operator's license shall include a test of the applicant's
8eyesight, ability to read and understand highway signs regulating, warning and
9directing traffic, knowledge of the traffic laws, including ss. 346.072 and 346.26,
10understanding of fuel-efficient driving habits and the relative costs and availability
11of other modes of transportation, knowledge of the need for anatomical gifts and the
12ability to make an anatomical gift through the use of a donor card issued under s.
13343.175 (2), and an actual demonstration of ability to exercise ordinary and
14reasonable control in the operation of a motor vehicle. The test of knowledge of the
15traffic laws shall include questions on the provisions of ss. 343.30 (1q), 343.303 to
16343.31 and 346.63 to 346.655, relating to the operation of a motor vehicle and the
17consumption of alcohol beverages and tetrahydrocannabinols. The test of knowledge
18may also include questions on the social, medical and economic effects of alcohol and
19other drug abuse. The examination of applicants for authorization to operate `Class
20M' vehicles shall test an applicant's knowledge of Type 1 motorcycle safety, including
21proper eye protection to be worn during hours of darkness. The department may
22require persons changing their residence to this state from another jurisdiction and
23persons applying for a reinstated license after termination of a revocation period to
24take all or parts of the examination required of persons making their first application
25for an operator's license. Any applicant who is required to give an actual

1demonstration of ability to exercise ordinary and reasonable control in the operation
2of a motor vehicle shall furnish a representative vehicle in safe operating condition
3for use in testing ability.
AB810,58 4Section 58. 343.16 (5) (a) of the statutes is amended to read:
AB810,32,35 343.16 (5) (a) The secretary may require any applicant for a license or any
6licensed operator to submit to a special examination by such persons or agencies as
7the secretary may direct to determine incompetency, physical or mental disability,
8disease, or any other condition that might prevent such applicant or licensed person
9from exercising reasonable and ordinary control over a motor vehicle. If the
10department requires the applicant to submit to an examination, the applicant shall
11pay for the examination. If the department receives an application for a renewal or
12duplicate license after voluntary surrender under s. 343.265 or receives a report from
13a physician, physician assistant, as defined in s. 448.01 (6), advanced practice nurse
14prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), or if the
15department has a report of 2 or more arrests within a one-year period for any
16combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity with
17s. 346.63 (1) or (5) or a law of a federally recognized American Indian tribe or band
18in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or
19s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
20vehicle, the department shall determine, by interview or otherwise, whether the
21operator should submit to an examination under this section. The examination may
22consist of an assessment. If the examination indicates that education or treatment
23for a disability, disease, or condition concerning the use of alcohol, a controlled
24substance or a controlled substance analog, or tetrahydrocannabinols is appropriate,
25the department may order a driver safety plan in accordance with s. 343.30 (1q). If

1there is noncompliance with assessment or the driver safety plan, the department
2shall revoke the person's operating privilege in the manner specified in s. 343.30 (1q)
3(d).
Loading...
Loading...