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12(1) “Department" means the department of revenue.
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13(2) “Lot" means a definite quantity of marijuana or usable marijuana identified
14by a lot number, every portion or package of which is consistent with the factors that
15appear in the labeling.
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16(3) “Lot number" means a number that specifies the person who holds a valid
17permit under this subchapter and the harvesting or processing date for each lot.
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18(4) “Marijuana" has the meaning given in s. 961.70 (2).
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19(5) “Marijuana distributor” means a person in this state who purchases or
20receives usable marijuana from a marijuana processor and who sells or otherwise
21transfers the usable marijuana to a marijuana retailer for the purpose of resale to
22consumers.
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23(6) “Marijuana processor" means a person in this state who processes
24marijuana into usable marijuana, packages and labels usable marijuana for sale in
1retail outlets, and sells at wholesale or otherwise transfers usable marijuana to
2marijuana distributors.
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3(7) “Marijuana producer" means a person in this state who produces marijuana
4and sells it at wholesale or otherwise transfers it to marijuana processors.
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5(8) “Marijuana retailer" means a person in this state that sells usable
6marijuana at a retail outlet.
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7(9) “Microbusiness” means a marijuana producer that produces marijuana in
8one area that is less than 10,000 square feet and who also operates as any 2 of the
9following:
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(a) A marijuana processor.
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(b) A marijuana distributor.
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(c) A marijuana retailer.
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13(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
14distributor, marijuana retailer, or microbusiness that is issued a permit under s.
15139.972.
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16(11) “Retail outlet" means a location for the retail sale of usable marijuana.
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17(12) “Sales price" has the meaning given in s. 77.51 (15b).
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18(13) “Usable marijuana" means marijuana that has been processed for human
19consumption and includes dried marijuana flowers, marijuana-infused products,
20and marijuana edibles.
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21139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
22producer at the rate of 15 percent of the sales price on each wholesale sale or transfer
23in this state of marijuana to a marijuana processor. This paragraph applies to a
24microbusiness that transfers marijuana to a processing operation within the
25microbusiness.
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1(b) An excise tax is imposed on a marijuana retailer at the rate of 10 percent
2of the sales price on each retail sale in this state of usable marijuana, except that the
3tax does not apply to sales of usable marijuana to an individual who holds a valid tax
4exemption certificate issued under s. 73.17 (4).
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5(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
6to the department no later than the 15th day of the month following the month in
7which the person's tax liability is incurred and shall include with the payment a
8return on a form prescribed by the department.
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9(3) For purposes of this section, a marijuana producer may not sell marijuana
10directly to a marijuana distributor or marijuana retailer, and a marijuana retailer
11may purchase usable marijuana for resale only from a marijuana distributor. This
12subsection does not apply to a microbusiness that transfers marijuana or usable
13marijuana to another operation with the microbusiness.
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14139.972 Permits required. (1) (a) No person may operate in this state as a
15marijuana producer, marijuana processor, marijuana distributor, marijuana
16retailer, or microbusiness without first filing an application for and obtaining the
17proper permit from the department to perform such operations. In addition, no
18person may operate in this state as a marijuana producer or marijuana processor
19without first filing an application for and obtaining the proper permit under s. 94.56.
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(b) This section applies to all officers, directors, agents, and stockholders
21holding 5 percent or more of the stock of any corporation applying for a permit under
22this section.
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(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
24not be granted to any person to whom any of the following applies:
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11. The person has been convicted of a violent misdemeanor, as defined in s.
2941.29 (1g) (b), at least 3 times.
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2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
4(a), unless pardoned.
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3. During the preceding 3 years, the person has been committed under s. 51.20
6for being drug dependent.
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4. The person chronically and habitually uses alcohol beverages or other
8substances to the extent that his or her normal faculties are impaired. A person is
9presumed to chronically and habitually use alcohol beverages or other substances to
10the extent that his or her normal faculties are impaired if, within the preceding 3
11years, any of the following applies:
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a. The person has been committed for involuntary treatment under s. 51.45
13(13).
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b. The person has been convicted of a violation of s. 941.20 (1) (b).