Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB486 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-4470/1
2	2	CMH/JK/MCP/JPC:cjs
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 486
5	5	October 9, 2023 - Introduced by Senators A GARD, L. JOHNSON, CARPENTER,
6	6	HESSELBEIN, LARSON, PFAFF, ROYS, SMITH, SPREITZER and TAYLOR, cosponsored
7	7	by Representatives MADISON, SHELTON, OHNSTAD, J. ANDERSON, C. ANDERSON,
8	8	BALDEH, BARE, CLANCY, CONLEY, CONSIDINE, DRAKE, EMERSON, GOYKE,
9	9	HAYWOOD, HONG, JACOBSON, JOERS, MOORE OMOKUNDE, MYERS, NEUBAUER,
10	10	ORTIZ-VELEZ, PALMERI, RATCLIFF, SINICKI, SNODGRASS and STUBBS. Referred to
11	11	Committee on Judiciary and Public Safety.
12	12	AN ACT to repeal 94.55 (2t), 961.11 (4g), 961.14 (4) (t), 961.32 (2m), 961.38 (1n),
13	13	961.41 (1) (h), 961.41 (1m) (h), 961.41 (1q), 961.41 (3g) (e), 961.571 (1) (a) 7.,
14	14	961.571 (1) (a) 11. e., 961.571 (1) (a) 11. k. and L. and 967.055 (1m) (b) 5.; to
15	15	renumber and amend 115.35 (1), 961.01 (14) and 961.34; to amend 20.115
16	16	(7) (gc), 49.148 (4) (a), 49.79 (1) (b), 59.54 (25) (title), 59.54 (25) (a) (intro.),
17	17	66.0107 (1) (bm), 111.35 (2) (e), 114.09 (2) (bm) 1. (intro.), 114.09 (2) (bm) 4.,
18	18	157.06 (11) (i), 175.35 (2g) (c) 4. a., 289.33 (3) (d), 349.02 (2) (b) 4., 961.41 (1r),
19	19	961.41 (1x), 961.41 (3g) (c), 961.41 (3g) (d), 961.41 (3g) (em), 961.47 (1), 961.48
20	20	(3), 961.48 (5), 961.49 (1m) (intro.), 961.571 (1) (a) 11. (intro.), 971.365 (1) (a),
21	21	971.365 (1) (b), 971.365 (1) (c) and 971.365 (2); and to create 16.282, 20.115 (7)
22	22	(ge), 20.192 (1) (t), 20.255 (2) (r), 20.395 (5) (db), 20.435 (1) (s), 20.437 (3) (r),
23	23	20.505 (1) (t), 20.566 (1) (bn), 20.835 (2) (eq), 25.316, 48.47 (20), 66.04185, 73.17,
24	24	77.54 (71), 94.56, 94.57, 100.145, 108.02 (18r), 108.04 (5m), 111.32 (9m), 111.32
25	25	(11m), subchapter IV of chapter 139 [precedes 139.97], 157.06 (11) (hm), 175.35
26	26	1
27	27	2
28	28	3
29	29	4
30	30	5
31	31	6
32	32	7
33	33	8
34	34	9
35	35	10
36	36	11
37	37	12
38	38	13
39	39	14 - 2 -2023 - 2024 Legislature LRB-4470/1
40	40	CMH/JK/MCP/JPC:cjs
41	41	SENATE BILL 486
42	42	(2g) (b) 3., 238.139, 250.22 and subchapter VIII of chapter 961 [precedes 961.70]
43	43	of the statutes; relating to: legalizing the possession of marijuana; medical
44	44	marijuana; regulating the production, processing, and sale of marijuana;
45	45	expunging or redesignating past convictions for marijuana-related crimes;
46	46	equity grants; making an appropriation; and providing a penalty.
47	47	Analysis by the Legislative Reference Bureau
48	48	MARIJUANA LEGALIZA TION AND REGULA TION
49	49	Under this bill, a person who is at least 21 years old may legally possess
50	50	marijuana for recreational purposes. A person of any age may possess marijuana for
51	51	medical purposes. Under the bill, a person may produce, process, or sell marijuana
52	52	if the person has a permit. This bill creates an excise tax for the privilege of
53	53	producing, processing, distributing, or selling marijuana in this state, and 60 percent
54	54	of the revenue collected from the tax is deposited into a segregated fund called the
55	55	“community reinvestment fund.” Under the bill, a person who may possess medical
56	56	marijuana is not subject to sales or excise taxes on the purchase or use of the
57	57	marijuana. The bill does not affect federal law, which generally prohibits persons
58	58	from manufacturing, delivering, or possessing marijuana and applies to both
59	59	intrastate and interstate violations.
60	60	Legalizing the possession of marijuana
61	61	Current law prohibits a person from manufacturing, distributing, or delivering
62	62	marijuana; possessing marijuana with the intent to manufacture, distribute, or
63	63	deliver it; possessing or attempting to possess marijuana; using drug paraphernalia;
64	64	or possessing drug paraphernalia with the intent to produce, distribute, or use a
65	65	controlled substance. The bill changes state law to allow a person who is at least 21
66	66	to possess not more than five ounces of marijuana. The bill also allows a qualifying
67	67	patient to possess marijuana for medical purposes. Under the bill, a qualifying
68	68	patient is an individual of any age who has been diagnosed by a physician as having
69	69	or undergoing a debilitating medical condition or treatment. The bill also eliminates
70	70	the prohibition on possessing or using drug paraphernalia that relates to marijuana
71	71	consumption.
72	72	Under the bill, a person who is at least 21 who possesses more than five ounces
73	73	of marijuana is subject to a penalty, which varies depending on the amount of
74	74	overage. Under the bill, if the overage is not more than one ounce, the person is
75	75	subject to a forfeiture of not more than $100; if the overage is more than one ounce
76	76	but not more than 16 ounces, the person is guilty of a misdemeanor and subject to
77	77	a fine of not more than $500; and if the overage is more than 16 ounces, the person
78	78	is guilty of a misdemeanor and subject to a fine of not more than $1,000 or a sentence
79	79	of imprisonment for not more than 90 days or both. In the last described case, the
80	80	person is guilty of a Class I felony if the person also takes action to hide the amount
81	81	1
82	82	2
83	83	3
84	84	4
85	85	5 - 3 -2023 - 2024 Legislature
86	86	LRB-4470/1
87	87	CMH/JK/MCP/JPC:cjs
88	88	SENATE BILL 486
89	89	of marijuana he or she has and has in place a security system to alert him or her to
90	90	the presence of law enforcement or a method to intimidate, or a system that could
91	91	injure or kill, a person approaching the area containing the marijuana.
92	92	Under the bill, a person who is under 21 who possesses marijuana is subject to
93	93	a penalty, which varies depending on the amount possessed. If the violation involves
94	94	not more than one-quarter of an ounce, the person is subject to a forfeiture of not
95	95	more than $50; if the violation involves more than one-quarter of an ounce but not
96	96	more than five ounces, the person is subject to a forfeiture of not more than $100; and
97	97	if the violation involves more than five ounces, the person is subject to a forfeiture
98	98	of not more than $200.
99	99	Regulating the production, processing, and selling marijuana
100	100	Under the bill, with certain exceptions, no person may sell or distribute, or
101	101	possess with the intent to sell or distribute, marijuana unless the person has a permit
102	102	from the Department of Revenue. The penalties for violating the prohibition vary
103	103	depending on the recipient, the age of the violator, and the amount of marijuana
104	104	involved.
105	105	If a person who is at least 21 violates the prohibition on selling, or possessing
106	106	with the intent to sell, marijuana, the person is guilty of a misdemeanor and subject
107	107	to a fine of not more than $500 if the violation involves not more than one ounce of
108	108	marijuana, the person is guilty of a misdemeanor and subject to a fine of not more
109	109	than $1,000 if the violation involves more than one ounce but not more than 10
110	110	ounces, the person is guilty of a misdemeanor and subject to a fine of not more than
111	111	$5,000 if the violation involves more than 10 ounces but not more than 15 ounces, and
112	112	the person is guilty of a Class I felony if the violation involves more than 15 ounces.
113	113	If a person who is at least 21 violates the prohibition on selling, or possessing with
114	114	the intent to sell, marijuana and the recipient is under 21 and at least three years
115	115	younger than the person, then the person is guilty of a misdemeanor and subject to
116	116	fine of not more than $1,000 or imprisonment for up to 90 days or both if the violation
117	117	involves not more than five ounces and is guilty of a Class H felony if the violation
118	118	involves more than five ounces. If a person who is under 21 violates the prohibition
119	119	on selling, or possessing with the intent to sell, marijuana, the person is subject to
120	120	a forfeiture of not more than $100 if the violation involves not more than five ounces,
121	121	guilty of a misdemeanor and subject to a fine of not more than $500 if the violation
122	122	involves more than five ounces but not more than 20 ounces, and guilty of a
123	123	misdemeanor and subject to a fine of not more than $1,000 or imprisonment for not
124	124	more than 90 days or both if the violation involves more than 20 ounces. The
125	125	prohibition on sales does not apply to a sale of not more than one-quarter of an ounce
126	126	to a person who is at least 21 if the compensation the seller receives for the sale is
127	127	less than or equal to the amount the seller paid for the marijuana.
128	128	If a person who is at least 21 violates the prohibition on distributing, or
129	129	possessing with the intent to distribute, marijuana, the person is subject to a
130	130	forfeiture of not more than $250 if the violation involves not more than five ounces
131	131	of marijuana, and the person is guilty of a misdemeanor and subject to a fine of not
132	132	more than $500 if the violation involves more than five ounces. If a person who is
133	133	at least 21 violates the prohibition on distributing, or possessing with the intent to - 4 -2023 - 2024 Legislature LRB-4470/1
134	134	CMH/JK/MCP/JPC:cjs
135	135	SENATE BILL 486
136	136	distribute, marijuana and the recipient is under 21 and at least three years younger
137	137	than the person, then the person is guilty of a misdemeanor and subject to a fine of
138	138	not more than $1,000 or imprisonment for up to 90 days or both if the violation
139	139	involves not more than five ounces and is guilty of a Class H felony if the violation
140	140	involves more than five ounces. If a person who is under 21 violates the prohibition
141	141	on distributing, or possessing with the intent to distribute, marijuana, the person is
142	142	subject to a forfeiture of not more than $100 if the violation involves not more than
143	143	five ounces, guilty of a misdemeanor and subject to a fine of not more than $500 if
144	144	the violation involves more than five ounces but not more than 20 ounces, and guilty
145	145	of a misdemeanor and subject to a fine of not more than $1,000 or imprisonment for
146	146	not more than 90 days or both if the violation involves more than 20 ounces. The
147	147	prohibition on distribution does not apply if the distribution involves not more than
148	148	one-quarter of an ounce and is to a person who is at least 21 or if the distribution
149	149	involves less than five ounces and is made to a person who cohabitates with the
150	150	distributor.
151	151	The bill requires a person to obtain separate permits from DOR to produce,
152	152	process, distribute, or sell marijuana or to sell marijuana for on-premises
153	153	consumption (marijuana lounge), and requires marijuana producers and processors
154	154	to obtain additional permits from the Department of Agriculture, Trade and
155	155	Consumer Protection. The requirements for obtaining these permits differ based on
156	156	whether the permit is issued by DOR or DATCP but, in general, a person may not
157	157	obtain such a permit if he or she is not a state resident, is under the age of 21, or has
158	158	been convicted of certain crimes or committed certain offenses. In addition, a person
159	159	may not operate under a DOR or DATCP permit within 500 feet of a school,
160	160	playground, recreation facility, child care facility, public park, public transit facility,
161	161	or library, and a person may not operate a marijuana lounge unless the municipality
162	162	or county in which the marijuana lounge is located has enacted an ordinance
163	163	authorizing such operation. A person who holds a permit from DOR must also
164	164	comply with certain operational requirements.
165	165	Under the bill, a permit applicant with 20 or more employees may not receive
166	166	a permit from DATCP or DOR unless the applicant certifies that the applicant has
167	167	entered into a labor peace agreement with a labor organization. The labor peace
168	168	agreement prohibits the labor organization and its members from engaging in any
169	169	economic interference with persons doing business in this state, prohibits the
170	170	applicant from disrupting the efforts of the labor organization to communicate with
171	171	and to organize and represent the applicant's employees, and provides the labor
172	172	organization access to areas in which the employees work to discuss employment
173	173	rights and the terms and conditions of employment. Current law prohibits the state
174	174	and any local unit of government from requiring a labor peace agreement as a
175	175	condition for any regulatory approval. The permit requirements under the bill are
176	176	not subject to that prohibition.
177	177	The bill also requires DATCP and DOR to use a competitive scoring system to
178	178	determine which applicants are eligible to receive permits. Each department must
179	179	issue permits to the highest scoring applicants that it determines will best protect
180	180	the environment; provide stable, family-supporting jobs to local residents; ensure - 5 -2023 - 2024 Legislature
181	181	LRB-4470/1
182	182	CMH/JK/MCP/JPC:cjs
183	183	SENATE BILL 486
184	184	worker and consumer safety; operate secure facilities; and uphold the laws of the
185	185	jurisdictions in which they operate. Each department may deny a permit to an
186	186	applicant with a low score.
187	187	The bill prohibits a DOR permittee from selling, distributing, or transferring
188	188	marijuana to a minor and from allowing a minor to be on premises for which a permit
189	189	is issued. If a permittee violates one of those prohibitions, the permittee may be
190	190	subject to a civil forfeiture of not more than $500 and the permit may be suspended
191	191	for up to 90 days.
192	192	Under the bill, a minor, except a minor who is a qualifying patient, who does
193	193	any of the following is subject to a forfeiture of not more than $250: procures or
194	194	attempts to procure marijuana from a permittee; falsely represents his or her age or
195	195	falsely represents that he or she is a qualifying patient to receive marijuana from a
196	196	permittee; or knowingly enters any premises for which a permit has been issued
197	197	without being accompanied by his or her parent, guardian, or spouse who is at least
198	198	21 years of age.
199	199	Under the bill, an individual may cultivate as many as six marijuana plants.
200	200	Only a person who has a permit from DATCP may produce or process more
201	201	marijuana plants. A person without a permit who possesses more than six but not
202	202	more than 12 marijuana plants that have reached the flowering stage is subject to
203	203	a forfeiture not to exceed twice the permitting fee ($250 under the bill). If the person
204	204	possesses more than 12 plants that have reached the flowering stage, the person is
205	205	guilty of a misdemeanor and subject to a fine not to exceed $1,000 or imprisonment
206	206	not to exceed 90 days or both. The person is guilty of a Class I felony if the person
207	207	also takes action to hide the number of plants he or she has and the person also has
208	208	in place a security system to alert him or her to the presence of law enforcement or
209	209	a method to intimidate, or a system that could injure or kill, a person approaching
210	210	the area containing the plants.
211	211	The bill requires DOR to create and maintain a medical marijuana registry
212	212	program whereby a person who is a qualifying patient may obtain a registry
213	213	identification card and purchase marijuana from a retail establishment without
214	214	having to pay the sales or excise taxes imposed on that sale. A “qualifying patient”
215	215	is a person who has been diagnosed by a physician as having a debilitating medical
216	216	condition such as cancer, glaucoma, AIDS, or another specified condition or is
217	217	undergoing a debilitating medical treatment.
218	218	Previous convictions relating to marijuana
219	219	The bill requires the director of state courts to review records of acts that have
220	220	been decriminalized under the bill. If a record is for a conviction for an act that the
221	221	bill decriminalizes or lessens the penalty for, the sentencing court must be notified.
222	222	If the act was a misdemeanor, the court must dismiss the conviction and expunge the
223	223	record or, if applicable, redesignate it to a lesser crime. If the act was a felony, the
224	224	court must determine if it is in the public interest to dismiss the conviction and
225	225	expunge the record or, if applicable, redesignate it to a lesser crime. The presumption
226	226	is that such actions are in the public interest unless there is clear and convincing
227	227	evidence that the actions would create a risk to public safety. If the felony is
228	228	expunged or redesignated to a misdemeanor or civil forfeiture, the sentencing court - 6 -2023 - 2024 Legislature LRB-4470/1
229	229	CMH/JK/MCP/JPC:cjs
230	230	SENATE BILL 486
231	231	must determine if there is good cause to restore the person's right to possess a
232	232	firearm. Finally, if the record is for an arrest or a charge for an act that the bill
233	233	decriminalizes or lessens the penalty for, the director of state courts must expunge
234	234	such records.
235	235	Registration for THC testing labs
236	236	The bill requires DATCP to register entities as tetrahydrocannabinols
237	237	(THC)-testing laboratories. The laboratories must test marijuana for contaminants;
238	238	research findings on the use of medical marijuana; and provide training on safe and
239	239	efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana,
240	240	security and inventory accountability, and research on medical marijuana.
241	241	Discrimination based on marijuana use
242	242	Under the fair employment law, no employer or other person may engage in any
243	243	act of employment discrimination against any individual on the basis of the
244	244	individual's use or nonuse of lawful products off the employer's premises during
245	245	nonworking hours, subject to certain exceptions, one of which is if the use impairs
246	246	the individual's ability to undertake adequately the job-related responsibilities of
247	247	that individual's employment. The bill specifically defines marijuana as a lawful
248	248	product for purposes of the fair employment law, such that no person may engage in
249	249	any act of employment discrimination against an individual because of the
250	250	individual's use of marijuana off the employer's premises during nonworking hours,
251	251	subject to those exceptions.
252	252	Under current law, an individual may be disqualified from receiving
253	253	unemployment insurance benefits if he or she is terminated because of misconduct
254	254	or substantial fault. The bill specifically provides that an employee's use of
255	255	marijuana off the employer's premises during nonworking hours does not constitute
256	256	misconduct or substantial fault unless termination for that use is permitted under
257	257	one of the exceptions under the fair employment law.
258	258	Unless federal law requires otherwise, the bill prohibits a hospital, physician,
259	259	organ procurement organization, or other person from determining the ultimate
260	260	recipient of an anatomical gift on the sole basis of a positive test for the use of
261	261	marijuana by a potential recipient.
262	262	Drug screening and testing
263	263	The bill exempts THC, including marijuana, from drug testing for certain
264	264	public assistance programs. Currently, a participant in a community service job or
265	265	transitional placement under the Wisconsin Works program (W2) or a recipient of
266	266	the FoodShare program, also known as the food stamp program, who is convicted of
267	267	possession, use, or distribution of a controlled substance must submit to a test for
268	268	controlled substances as a condition of continued eligibility. The Department of
269	269	Health Services is currently required to request a waiver of federal Medicaid law to
270	270	require drug screening and testing as a condition of eligibility for the childless adult
271	271	demonstration project in the Medical Assistance program. Current law also requires
272	272	DHS to promulgate rules to develop and implement a drug screening, testing, and
273	273	treatment policy for able-bodied adults without dependents in the FoodShare
274	274	employment and training program. The bill exempts THC from all of those
275	275	drug-testing requirements and programs. In addition, because THC is not a - 7 -2023 - 2024 Legislature
276	276	LRB-4470/1
277	277	CMH/JK/MCP/JPC:cjs
278	278	SENATE BILL 486
279	279	controlled substance under state law under the bill, the requirement under current
280	280	law that the Department of Children and Families promulgate rules to create a
281	281	controlled substance abuse screening and testing requirement for applicants for the
282	282	work experience program for noncustodial parents under W2 and the Transform
283	283	Milwaukee Jobs and Transitional Jobs programs does not include THC.
284	284	Under current law, the Department of Workforce Development must establish
285	285	a program to test claimants who apply for unemployment insurance benefits for the
286	286	presence of controlled substances, as defined under federal law. If a claimant tests
287	287	positive for a controlled substance, the claimant may be denied UI benefits, subject
288	288	to certain exceptions and limitations. The bill excludes THC for purposes of this
289	289	testing requirement. As such, under the bill, an individual who tests positive for
290	290	THC may not be denied UI benefits.
291	291	Equity grants and program for law enforcement training
292	292	The bill provides for a number of grants to be paid from the revenue generated
293	293	from the excise tax on marijuana that is deposited into the community reinvestment
294	294	fund. For example, the bill requires the Department of Administration to provide
295	295	grants to public, private, and nonprofit entities in this state that promote diversity
296	296	and advance equity and inclusion, including promoting the inclusion of women and
297	297	racial and ethnic minorities in the production and sale of marijuana. In addition, the
298	298	bill directs DHS to award grants to community organizations to implement
299	299	community health worker care models. The bill also directs DHS to award grants
300	300	to community organizations and local or tribal health departments to hire health
301	301	equity strategists and to implement health equity action plans in small geographic
302	302	areas.
303	303	The bill appropriates $125,000 in fiscal year 2023-24 and $250,000 in fiscal
304	304	year 2024-25 for the Department of Transportation's Drug Evaluation and
305	305	Classification Program. The program provides training for law enforcement officers
306	306	and others in the recognition of drug influence and impairment.
307	307	Because this bill creates a new crime or revises a penalty for an existing crime,
308	308	the Joint Review Committee on Criminal Penalties may be requested to prepare a
309	309	report.
310	310	Because this bill relates to an exemption from state or local taxes, it may be
311	311	referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
312	312	as an appendix to the bill.
313	313	For further information see the state and local fiscal estimate, which will be
314	314	printed as an appendix to this bill.
315	315	The people of the state of Wisconsin, represented in senate and assembly, do
316	316	enact as follows:
317	317	SECTION 1. 16.282 of the statutes is created to read:1 - 8 -2023 - 2024 Legislature LRB-4470/1
318	318	CMH/JK/MCP/JPC:cjs
319	319	SECTION 1 SENATE BILL 486
320	320	16.282 Equity grants. The department shall develop and administer a grants
321	321	program to provide grants to public, private, and nonprofit entities in this state that
322	322	promote diversity and advance equity and inclusion, including promoting the
323	323	inclusion of women and racial and ethnic minorities in the production and sale of
324	324	marijuana.
325	325	SECTION 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
326	326	the following amounts for the purposes indicated:
327	327	2023-24 2024-25
328	328	20.192 Wisconsin Economic Development
329	329	Corporation
330	330	(1) PROMOTION OF ECONOMIC DEVELOPMENT
331	331	(t)Underserved community grants SEG A -0- 5,000,000
332	332	20.255 Public instruction, department of
333	333	(2) AIDS FOR LOCAL EDUCATIONAL PROGRAMMING
334	334	(r)Sparsity aid; community
335	335	reinvestment fund supplement SEG A -0- 34,852,800
336	336	20.395 Transportation, department of
337	337	(5) MOTOR VEHICLE SERVICES AND ENFORCEMENT
338	338	(db)Drug evaluation and classifica
339	339	tion program GPR A 125,000 250,000
340	340	20.435 Health services, department of
341	341	(1) PUBLIC HEALTH SERVICES PLANNING, REGULATION,
342	342	AND DELIVERY
343	343	1
344	344	2
345	345	3
346	346	4
347	347	5
348	348	6
349	349	7
350	350	8
351	351	9
352	352	10
353	353	11
354	354	12
355	355	13
356	356	14
357	357	15
358	358	16
359	359	17
360	360	18
361	361	19
362	362	20
363	363	21
364	364	22 - 9 -2023 - 2024 Legislature
365	365	LRB-4470/1
366	366	CMH/JK/MCP/JPC:cjs
367	367	SECTION 2
368	368	SENATE BILL 486
369	369	(s) Health equity grants SEG A -0- 20,000,000
370	370	20.437 Children and families, department of
371	371	(3) GENERAL ADMINISTRATION
372	372	(r) Diversity, equity, and inclusion
373	373	grants; community reinvestment
374	374	fund supplement SEG A -0- 5,000,000
375	375	20.505 Administration, department of
376	376	(1) SUPERVISION AND MANAGEMENT
377	377	(t)Equity grants; community rein
378	378	vestment fund SEG A -0- 5,000,000
379	379	20.566 Revenue, department of
380	380	(1) COLLECTION OF TAXES
381	381	(bn)Administration and enforcement
382	382	of marijuana tax and regulationGPR A 3,236,600 2,010,100
383	383	SECTION 3. 20.115 (7) (gc) of the statutes is amended to read:
384	384	20.115 (7) (gc) Industrial hemp and marijuana. All moneys received under s.
385	385	94.55 for regulation of activities relating to industrial hemp under s. 94.55 and to
386	386	marijuana under s. 94.56.
387	387	SECTION 4. 20.115 (7) (ge) of the statutes is created to read:
388	388	20.115 (7) (ge) Marijuana producers and processors; official logotype. All
389	389	moneys received under s. 94.56 for regulation of activities relating to marijuana
390	390	under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for
391	391	the creation of a logotype under s. 100.145.
392	392	1
393	393	2
394	394	3
395	395	4
396	396	5
397	397	6
398	398	7
399	399	8
400	400	9
401	401	10
402	402	11
403	403	12
404	404	13
405	405	14
406	406	15
407	407	16
408	408	17
409	409	18
410	410	19
411	411	20
412	412	21
413	413	22
414	414	23 - 10 -2023 - 2024 Legislature LRB-4470/1
415	415	CMH/JK/MCP/JPC:cjs
416	416	SECTION 5 SENATE BILL 486
417	417	SECTION 5. 20.192 (1) (t) of the statutes is created to read:
418	418	20.192 (1) (t) Underserved community grants. From the community
419	419	reinvestment fund, the amounts in the schedule for the purpose of providing
420	420	underserved community grants under s. 238.139.
421	421	SECTION 6. 20.255 (2) (r) of the statutes is created to read:
422	422	20.255 (2) (r) Sparsity aid; community reinvestment fund supplement. From
423	423	the community reinvestment fund, the amounts in the schedule for sparsity aid to
424	424	school districts under s. 115.436.
425	425	SECTION 7. 20.395 (5) (db) of the statutes is created to read:
426	426	20.395 (5) (db) Drug evaluation and classification program. From the general
427	427	fund, the amounts in the schedule for the drug evaluation and classification
428	428	program.
429	429	SECTION 8. 20.435 (1) (s) of the statutes is created to read:
430	430	20.435 (1) (s) Health equity grants. From the community reinvestment fund,
431	431	the amounts in the schedule for health equity grants under s. 250.22.
432	432	SECTION 9. 20.437 (3) (r) of the statutes is created to read:
433	433	20.437 (3) (r) Diversity, equity, and inclusion grants; community reinvestment
434	434	fund supplement. From the community reinvestment fund, the amounts in the
435	435	schedule for diversity, equity, and inclusion grants under s. 48.47 (20).
436	436	SECTION 10. 20.505 (1) (t) of the statutes is created to read:
437	437	20.505 (1) (t) Equity grants; community reinvestment fund. From the
438	438	community reinvestment fund, the amounts in the schedule for the purpose of
439	439	providing grants to promote diversity and advance equity and inclusion under s.
440	440	16.282.
441	441	SECTION 11. 20.566 (1) (bn) of the statutes is created to read:
442	442	1
443	443	2
444	444	3
445	445	4
446	446	5
447	447	6
448	448	7
449	449	8
450	450	9
451	451	10
452	452	11
453	453	12
454	454	13
455	455	14
456	456	15
457	457	16
458	458	17
459	459	18
460	460	19
461	461	20
462	462	21
463	463	22
464	464	23
465	465	24
466	466	25 - 11 -2023 - 2024 Legislature
467	467	LRB-4470/1
468	468	CMH/JK/MCP/JPC:cjs
469	469	SECTION 11
470	470	SENATE BILL 486
471	471	20.566 (1) (bn) Administration and enforcement of marijuana tax and
472	472	regulation. The amounts in the schedule for the purposes of administering the
473	473	marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
474	474	enforcing the taxing and regulation of marijuana producers, marijuana processors,
475	475	marijuana retailers, and operators of marijuana lounges under subch. IV of ch. 139.
476	476	SECTION 12. 20.835 (2) (eq) of the statutes is created to read:
477	477	20.835 (2) (eq) Marijuana tax refunds. A sum sufficient to pay refunds under
478	478	subchapter IV of chapter 139.
479	479	SECTION 13. 25.316 of the statutes is created to read:
480	480	25.316 Community reinvestment fund. There is established a separate
481	481	nonlapsible trust fund, designated the community reinvestment fund consisting of
482	482	60 percent of all moneys received under subch. IV of ch. 139, including interest and
483	483	penalties.
484	484	SECTION 14. 48.47 (20) of the statutes is created to read:
485	485	48.47 (20) DIVERSITY, EQUITY, AND INCLUSION GRANTS. From the appropriation
486	486	account under s. 20.437 (3) (r), award grants to public, private, or nonprofit entities
487	487	that promote diversity and advance equity and inclusion.
488	488	SECTION 15. 49.148 (4) (a) of the statutes is amended to read:
489	489	49.148 (4) (a) A Wisconsin works Works agency shall require a participant in
490	490	a community service job or transitional placement who, after August 22, 1996, was
491	491	convicted in any state or federal court of a felony that had as an element possession,
492	492	use or distribution of a controlled substance to submit to a test for use of a controlled
493	493	substance as a condition of continued eligibility. If the test results are positive, the
494	494	Wisconsin works Works agency shall decrease the presanction benefit amount for
495	495	that participant by not more than 15 percent for not fewer than 12 months, or for the
496	496	1
497	497	2
498	498	3
499	499	4
500	500	5
501	501	6
502	502	7
503	503	8
504	504	9
505	505	10
506	506	11
507	507	12
508	508	13
509	509	14
510	510	15
511	511	16
512	512	17
513	513	18
514	514	19
515	515	20
516	516	21
517	517	22
518	518	23
519	519	24
520	520	25 - 12 -2023 - 2024 Legislature LRB-4470/1
521	521	CMH/JK/MCP/JPC:cjs
522	522	SECTION 15 SENATE BILL 486
523	523	remainder of the participant's period of participation in a community service job or
524	524	transitional placement, if less than 12 months. If, at the end of 12 months, the
525	525	individual is still a participant in a community service job or transitional placement
526	526	and submits to another test for use of a controlled substance and if the results of the
527	527	test are negative, the Wisconsin works Works agency shall discontinue the reduction
528	528	under this paragraph. In this subsection, “controlled substance” does not include
529	529	tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in
530	530	marijuana, obtained from marijuana, or chemically synthesized.
531	531	SECTION 16. 49.79 (1) (b) of the statutes is amended to read:
532	532	49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6),
533	533	except that “controlled substance” does not include tetrahydrocannabinols in any
534	534	form, including tetrahydrocannabinols contained in marijuana, obtained from
535	535	marijuana, or chemically synthesized.
536	536	SECTION 17. 59.54 (25) (title) of the statutes is amended to read:
537	537	59.54 (25) (title) POSSESSION REGULATION OF MARIJUANA.
538	538	SECTION 18. 59.54 (25) (a) (intro.) of the statutes is amended to read:
539	539	59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
540	540	the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
541	541	s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
542	542	is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding
543	543	an allegation of possession of more than 25 grams of marijuana, or possession of any
544	544	amount of marijuana following a conviction in this state for possession of marijuana
545	545	alleging a violation of s. 961.72 (2) (a) 3. b. or (c) 3., the subject of the complaint may
546	546	not be prosecuted under this subsection for the same action that is the subject of the
547	547	complaint unless all of the following occur:
548	548	1
549	549	2
550	550	3
551	551	4
552	552	5
553	553	6
554	554	7
555	555	8
556	556	9
557	557	10
558	558	11
559	559	12
560	560	13
561	561	14
562	562	15
563	563	16
564	564	17
565	565	18
566	566	19
567	567	20
568	568	21
569	569	22
570	570	23
571	571	24
572	572	25 - 13 -2023 - 2024 Legislature
573	573	LRB-4470/1
574	574	CMH/JK/MCP/JPC:cjs
575	575	SECTION 19
576	576	SENATE BILL 486
577	577	SECTION 19. 66.0107 (1) (bm) of the statutes is amended to read:
578	578	66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of
579	579	marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
580	580	(intro.), and provide a forfeiture for a violation of the ordinance that is consistent
581	581	with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation
582	582	of possession of more than 25 grams of marijuana, or possession of any amount of
583	583	marijuana following a conviction in this state for possession of marijuana alleging
584	584	a violation of s. 961.72 (2) (a) 3. b. or (c) 3., the subject of the complaint may not be
585	585	prosecuted under this paragraph for the same action that is the subject of the
586	586	complaint unless the charges are dismissed or the district attorney declines to
587	587	prosecute the case.
588	588	SECTION 20. 66.04185 of the statutes is created to read:
589	589	66.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
590	590	county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
591	591	by an individual who has no more than 6 marijuana plants at one time for his or her
592	592	personal use.
593	593	SECTION 21. 73.17 of the statutes is created to read:
594	594	73.17 Medical marijuana registry program. (1) DEFINITIONS. In this
595	595	section:
596	596	(a) “Debilitating medical condition or treatment” means any of the following:
597	597	1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
598	598	the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
599	599	inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
600	600	hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
601	601	1
602	602	2
603	603	3
604	604	4
605	605	5
606	606	6
607	607	7
608	608	8
609	609	9
610	610	10
611	611	11
612	612	12
613	613	13
614	614	14
615	615	15
616	616	16
617	617	17
618	618	18
619	619	19
620	620	20
621	621	21
622	622	22
623	623	23
624	624	24 - 14 -2023 - 2024 Legislature LRB-4470/1
625	625	CMH/JK/MCP/JPC:cjs
626	626	SECTION 21 SENATE BILL 486
627	627	patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
628	628	treatment of these conditions.
629	629	2. A chronic or debilitating disease or medical condition or the treatment of
630	630	such a disease or condition that causes cachexia, severe pain, severe nausea,
631	631	seizures, including those characteristic of epilepsy, or severe and persistent muscle
632	632	spasms, including those characteristic of multiple sclerosis.
633	633	(b) “Department” means the department of revenue.
634	634	(c) “Physician” means a person licensed under s. 448.04 (1) (a).
635	635	(d) “Qualifying patient” means a person who has been diagnosed by a physician
636	636	as having or undergoing a debilitating medical condition or treatment.
637	637	(e) “Tax exemption certificate” means a certificate to claim the exemption under
638	638	s. 77.54 (71).
639	639	(f) “Usable marijuana" has the meaning given in s. 139.97 (13).
640	640	(g) “Written certification” means means a statement made by a person's
641	641	physician if all of the following apply:
642	642	1. The statement indicates that, in the physician's professional opinion, the
643	643	person has or is undergoing a debilitating medical condition or treatment and the
644	644	potential benefits of the person's use of usable marijuana would likely outweigh the
645	645	health risks for the person.
646	646	2. The statement indicates that the opinion described in subd. 1. was formed
647	647	after a full assessment of the person's medical history and current medical condition
648	648	that was conducted no more than 6 months prior to making the statement and that
649	649	was made in the course of a bona fide physician-patient relationship.
650	650	3. The statement is signed by the physician or is contained in the person's
651	651	medical records.
652	652	1
653	653	2
654	654	3
655	655	4
656	656	5
657	657	6
658	658	7
659	659	8
660	660	9
661	661	10
662	662	11
663	663	12
664	664	13
665	665	14
666	666	15
667	667	16
668	668	17
669	669	18
670	670	19
671	671	20
672	672	21
673	673	22
674	674	23
675	675	24
676	676	25 - 15 -2023 - 2024 Legislature
677	677	LRB-4470/1
678	678	CMH/JK/MCP/JPC:cjs
679	679	SECTION 21
680	680	SENATE BILL 486
681	681	4. The statement contains an expiration date that is no more than 48 months
682	682	after issuance and the statement has not expired.
683	683	5. If the person has not attained the age of 18 years, the statement is signed
684	684	by the person's parent or guardian.
685	685	(2) APPLICATION. A person who is claiming to be a qualifying patient may apply
686	686	for a registry identification card by submitting to the department a signed
687	687	application form containing or accompanied by all of the following:
688	688	(a) His or her name, address, and date of birth.
689	689	(b) A written certification.
690	690	(c) The name, address, and telephone number of the person's current physician,
691	691	as listed in the written certification.
692	692	(d) If the person has not attained the age of 18 years, a signature of a parent
693	693	or guardian of the person.
694	694	(3) PROCESSING THE APPLICATION. The department shall verify the information
695	695	contained in or accompanying an application submitted under sub. (2) and shall
696	696	approve or deny the application within 30 days after receiving it. The department
697	697	may deny an application submitted under sub. (2) only if the required information
698	698	has not been provided or if false information has been provided.
699	699	(4) ISSUING A REGISTRY IDENTIFICATION CARD AND TAX EXEMPTION CERTIFICATE. The
700	700	department shall issue to the applicant a registry identification card and tax
701	701	exemption certificate within 5 days after approving an application under sub. (3).
702	702	Unless voided under sub. (5) (b) or revoked under rules issued by the department
703	703	under sub. (7), a registry identification card and tax exemption certificate shall
704	704	expire 4 years from the date of issuance. A tax exemption certificate shall contain
705	705	1
706	706	2
707	707	3
708	708	4
709	709	5
710	710	6
711	711	7
712	712	8
713	713	9
714	714	10
715	715	11
716	716	12
717	717	13
718	718	14
719	719	15
720	720	16
721	721	17
722	722	18
723	723	19
724	724	20
725	725	21
726	726	22
727	727	23
728	728	24 - 16 -2023 - 2024 Legislature LRB-4470/1
729	729	CMH/JK/MCP/JPC:cjs
730	730	SECTION 21 SENATE BILL 486
731	731	the information determined by the department. A registry identification card shall
732	732	contain all of the following:
733	733	(a) The name, address, and date of birth of the registrant.
734	734	(b) The date of issuance and expiration date of the registry identification card.
735	735	(c) A photograph of the registrant.
736	736	(d) Other information the department may require by rule.
737	737	(5) ADDITIONAL INFORMATION TO BE PROVIDED BY REGISTRANT. (a) A registrant
738	738	shall notify the department of any change in the registrant's name and address. A
739	739	registrant who is a qualifying patient shall notify the department of any change in
740	740	his or her physician or of any significant improvement in his or her health as it
741	741	relates to his or her debilitating medical condition or treatment.
742	742	(b) If a registrant fails to notify the department within 10 days after any change
743	743	for which notification is required under par. (a), his or her registry identification card
744	744	and tax exemption certificate is void.
745	745	(6) RECORDS. (a) The department shall maintain a list of all registrants.
746	746	(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
747	747	may not disclose information from an application submitted or a registry
748	748	identification card issued under this section.
749	749	(c) The department may disclose to state or local law enforcement agencies
750	750	information from an application submitted by, or from a registry identification card
751	751	issued to, a specific person under this section for the purpose of verifying that the
752	752	person possesses a valid registry identification card.
753	753	(d) No state or local agency may access the list maintained under par. (a) or
754	754	information gathered from the list maintained under par. (a) or inquire about a
755	755	person's status as an applicant or registrant under this section for the purpose of
756	756	1
757	757	2
758	758	3
759	759	4
760	760	5
761	761	6
762	762	7
763	763	8
764	764	9
765	765	10
766	766	11
767	767	12
768	768	13
769	769	14
770	770	15
771	771	16
772	772	17
773	773	18
774	774	19
775	775	20
776	776	21
777	777	22
778	778	23
779	779	24
780	780	25 - 17 -2023 - 2024 Legislature
781	781	LRB-4470/1
782	782	CMH/JK/MCP/JPC:cjs
783	783	SECTION 21
784	784	SENATE BILL 486
785	785	approving or disapproving a person from purchasing, owning, possessing, or
786	786	carrying a firearm.
787	787	(7) RULES. The department shall promulgate rules to implement this section.
788	788	SECTION 22. 77.54 (71) of the statutes is created to read:
789	789	77.54 (71) The sales price from the sale of and the storage, use, or other
790	790	consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an
791	791	individual who holds a valid certificate issued under s. 73.17 (4).
792	792	SECTION 23. 94.55 (2t) of the statutes is repealed.
793	793	SECTION 24. 94.56 of the statutes is created to read:
794	794	94.56 Marijuana producers and processors. (1) DEFINITIONS. In this
795	795	section:
796	796	(a) “Labor peace agreement” means an agreement between a person applying
797	797	for a permit under this section and a labor organization, as defined in s. 5.02 (8m),
798	798	that does all of the following:
799	799	1. Prohibits labor organizations and its members from engaging in picketing,
800	800	work stoppages, boycotts, and any other economic interference with persons doing
801	801	business in this state.
802	802	2. Prohibits the applicant from disrupting the efforts of the labor organization
803	803	to communicate with and to organize and represent the applicant's employees.
804	804	3. Provides the labor organization access at reasonable times to areas in which
805	805	the applicant's employees work for the purpose of meeting with employees to discuss
806	806	their right to representation, employment rights under state law, and terms and
807	807	conditions of employment.
808	808	(b) “Marijuana" has the meaning given in s. 961.70 (2).
809	809	(c) “Marijuana processor" has the meaning given in s. 139.97 (6).
810	810	1
811	811	2
812	812	3
813	813	4
814	814	5
815	815	6
816	816	7
817	817	8
818	818	9
819	819	10
820	820	11
821	821	12
822	822	13
823	823	14
824	824	15
825	825	16
826	826	17
827	827	18
828	828	19
829	829	20
830	830	21
831	831	22
832	832	23
833	833	24
834	834	25 - 18 -2023 - 2024 Legislature LRB-4470/1
835	835	CMH/JK/MCP/JPC:cjs
836	836	SECTION 24 SENATE BILL 486
837	837	(d) “Marijuana producer” has the meaning given in s. 139.97 (7).
838	838	(e) “Usable marijuana” has the meaning given in s. 139.97 (13).
839	839	(f) “Permittee” means a marijuana producer or marijuana processor who is
840	840	issued a permit under this section.
841	841	(2) PERMIT REQUIRED. (a) No person may operate in this state as a marijuana
842	842	producer or marijuana processor without a permit from the department. A person
843	843	who acts as a marijuana producer and a marijuana processor shall obtain a separate
844	844	permit for each activity. A permit issued under this section is not transferable from
845	845	one person to another or from one premises to another. A separate permit is required
846	846	for each place in this state where the operations of a marijuana producer or
847	847	marijuana processor occur. A person is not required to obtain a permit under this
848	848	section if the person produces or processes only industrial hemp and holds a valid
849	849	license under s. 94.55.
850	850	(b) This subsection applies to all officers, directors, agents, and stockholders
851	851	holding 5 percent or more of the stock of any corporation applying for a permit under
852	852	this section.
853	853	(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
854	854	not be granted to any person to whom any of the following applies:
855	855	1. The person has been convicted of a violent misdemeanor, as defined in s.
856	856	941.29 (1g) (b), at least 3 times.
857	857	2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
858	858	(a), unless pardoned.
859	859	3. During the preceding 3 years, the person has been committed under s. 51.20
860	860	for being drug dependent.
861	861	1
862	862	2
863	863	3
864	864	4
865	865	5
866	866	6
867	867	7
868	868	8
869	869	9
870	870	10
871	871	11
872	872	12
873	873	13
874	874	14
875	875	15
876	876	16
877	877	17
878	878	18
879	879	19
880	880	20
881	881	21
882	882	22
883	883	23
884	884	24 - 19 -2023 - 2024 Legislature
885	885	LRB-4470/1
886	886	CMH/JK/MCP/JPC:cjs
887	887	SECTION 24
888	888	SENATE BILL 486
889	889	4. The person chronically and habitually uses alcohol beverages or other
890	890	substances to the extent that his or her normal faculties are impaired. A person is
891	891	presumed to chronically and habitually use alcohol beverages or other substances to
892	892	the extent that his or her normal faculties are impaired if, within the preceding 3
893	893	years, any of the following applies:
894	894	a. The person has been committed for involuntary treatment under s. 51.45
895	895	(13).
896	896	b. The person has been convicted of a violation of s. 941.20 (1) (b).
897	897	c. In 2 or more cases arising out of separate incidents, a court has found the
898	898	person to have committed a violation of s. 346.63 or a local ordinance in conformity
899	899	with that section; a violation of a law of a federally recognized American Indian tribe
900	900	or band in this state in conformity with s. 346.63; or a violation of the law of another
901	901	jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
902	902	intoxicated, while under the influence of a controlled substance, a controlled
903	903	substance analog, or a combination thereof, with an excess or specified range of
904	904	alcohol concentration, or while under the influence of any drug to a degree that
905	905	renders the person incapable of safely driving, as those or substantially similar
906	906	terms are used in that jurisdiction's laws.
907	907	5. The person has income that comes principally from gambling or has been
908	908	convicted of 2 or more gambling offenses.
909	909	6. The person has been convicted of crimes relating to prostitution.
910	910	7. The person has been convicted of crimes relating to loaning money or
911	911	anything of value to persons holding licenses or permits pursuant to ch. 125.
912	912	8. The person is under the age of 21.
913	913	1
914	914	2
915	915	3
916	916	4
917	917	5
918	918	6
919	919	7
920	920	8
921	921	9
922	922	10
923	923	11
924	924	12
925	925	13
926	926	14
927	927	15
928	928	16
929	929	17
930	930	18
931	931	19
932	932	20
933	933	21
934	934	22
935	935	23
936	936	24 - 20 -2023 - 2024 Legislature LRB-4470/1
937	937	CMH/JK/MCP/JPC:cjs
938	938	SECTION 24 SENATE BILL 486
939	939	9. The person has not been a resident of this state continuously for at least 90
940	940	days prior to the application date.
941	941	(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
942	942	employees may not receive a permit under this section unless the applicant certifies
943	943	to the department that the applicant has entered into a labor peace agreement and
944	944	will abide by the terms of the agreement as a condition of maintaining a valid permit
945	945	under this section. The applicant shall submit to the department a copy of the page
946	946	of the labor peace agreement that contains the signatures of the labor organization
947	947	representative and the applicant.
948	948	(cn) The department shall use a competitive scoring system to determine which
949	949	applicants are eligible to receive a permit under this section. The department shall
950	950	issue permits to the highest scoring applicants that it determines will best protect
951	951	the environment; provide stable, family-supporting jobs to local residents; ensure
952	952	worker and consumer safety; operate secure facilities; and uphold the laws of the
953	953	jurisdictions in which they operate. The department may deny a permit to an
954	954	applicant with a low score as determined under this paragraph. The department
955	955	may request that the applicant provide any information or documentation that the
956	956	department deems necessary for purposes of making a determination under this
957	957	paragraph.
958	958	(d) 1. Before the department issues a new or renewed permit under this section,
959	959	the department shall give notice of the permit application to the governing body of
960	960	the municipality where the permit applicant intends to operate the premises of a
961	961	marijuana producer or marijuana processor. No later than 30 days after the
962	962	department submits the notice, the governing body of the municipality may file with
963	963	1
964	964	2
965	965	3
966	966	4
967	967	5
968	968	6
969	969	7
970	970	8
971	971	9
972	972	10
973	973	11
974	974	12
975	975	13
976	976	14
977	977	15
978	978	16
979	979	17
980	980	18
981	981	19
982	982	20
983	983	21
984	984	22
985	985	23
986	986	24 - 21 -2023 - 2024 Legislature
987	987	LRB-4470/1
988	988	CMH/JK/MCP/JPC:cjs
989	989	SECTION 24
990	990	SENATE BILL 486
991	991	the department a written objection to granting or renewing the permit. At the
992	992	municipality's request, the department may extend the period for filing objections.
993	993	2. A written objection filed under subd. 1. shall provide all the facts on which
994	994	the objection is based. In determining whether to grant or deny a permit for which
995	995	an objection has been filed under this paragraph, the department shall give
996	996	substantial weight to objections from a municipality based on chronic illegal activity
997	997	associated with the premises for which the applicant seeks a permit or the premises
998	998	of any other operation in this state for which the applicant holds or has held a valid
999	999	permit or license, the conduct of the applicant's patrons inside or outside the
1000	1000	premises of any other operation in this state for which the applicant holds or has held
1001	1001	a valid permit or license, and local zoning ordinances. In this subdivision, “chronic
1002	1002	illegal activity" means a pervasive pattern of activity that threatens the public
1003	1003	health, safety, and welfare of the municipality, including any crime or ordinance
1004	1004	violation, and that is documented in crime statistics, police reports, emergency
1005	1005	medical response data, calls for service, field data, or similar law enforcement agency
1006	1006	records.
1007	1007	(e) After denying a permit, the department shall immediately notify the
1008	1008	applicant in writing of the denial and the reasons for the denial. After making a
1009	1009	decision to grant or deny a permit for which a municipality has filed an objection
1010	1010	under par. (d), the department shall immediately notify the governing body of the
1011	1011	municipality in writing of its decision and the reasons for the decision.
1012	1012	(f) 1. The department's denial of a permit under this section is subject to judicial
1013	1013	review under ch. 227.
1014	1014	2. The department's decision to grant a permit under this section regardless of
1015	1015	an objection filed under par. (d) is subject to judicial review under ch. 227.
1016	1016	1
1017	1017	2
1018	1018	3
1019	1019	4
1020	1020	5
1021	1021	6
1022	1022	7
1023	1023	8
1024	1024	9
1025	1025	10
1026	1026	11
1027	1027	12
1028	1028	13
1029	1029	14
1030	1030	15
1031	1031	16
1032	1032	17
1033	1033	18
1034	1034	19
1035	1035	20
1036	1036	21
1037	1037	22
1038	1038	23
1039	1039	24
1040	1040	25 - 22 -2023 - 2024 Legislature LRB-4470/1
1041	1041	CMH/JK/MCP/JPC:cjs
1042	1042	SECTION 24 SENATE BILL 486
1043	1043	(g) The department shall not issue a permit under this section to any person
1044	1044	who does not hold a valid certificate under s. 73.03 (50).
1045	1045	(3) FEES; TERM. (a) Each person who applies for a permit under this section
1046	1046	shall submit with the application a $250 fee. A permit issued under this section is
1047	1047	valid for one year and may be renewed, except that the department may revoke or
1048	1048	suspend a permit prior to its expiration. A person is not entitled to a refund of the
1049	1049	fees paid under this subsection if the person's permit is denied, revoked, or
1050	1050	suspended.
1051	1051	(b) A permittee shall annually pay to the department a fee for as long as the
1052	1052	person holds a valid permit under this section. The annual fee for a marijuana
1053	1053	processor permittee is $2,000. The annual fee for a marijuana producer permittee
1054	1054	is one of the following, unless the department, by rule, establishes a higher amount:
1055	1055	1. If the permittee plants, grows, cultivates, or harvests not more than 1,800
1056	1056	marijuana plants, $1,800.
1057	1057	2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but
1058	1058	not more than 3,600 marijuana plants, $2,900.
1059	1059	3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but
1060	1060	not more than 6,000 marijuana plants, $3,600.
1061	1061	4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but
1062	1062	not more than 10,200 marijuana plants, $5,100.
1063	1063	5. If the permittee plants, grows, cultivates, or harvests more than 10,200
1064	1064	marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.
1065	1065	(4) SCHOOLS. The department may not issue a permit under this section to
1066	1066	operate any premises that are within 500 feet of the perimeter of the grounds of any
1067	1067	1
1068	1068	2
1069	1069	3
1070	1070	4
1071	1071	5
1072	1072	6
1073	1073	7
1074	1074	8
1075	1075	9
1076	1076	10
1077	1077	11
1078	1078	12
1079	1079	13
1080	1080	14
1081	1081	15
1082	1082	16
1083	1083	17
1084	1084	18
1085	1085	19
1086	1086	20
1087	1087	21
1088	1088	22
1089	1089	23
1090	1090	24 - 23 -2023 - 2024 Legislature
1091	1091	LRB-4470/1
1092	1092	CMH/JK/MCP/JPC:cjs
1093	1093	SECTION 24
1094	1094	SENATE BILL 486
1095	1095	elementary or secondary school, playground, recreation facility, child care facility,
1096	1096	public park, public transit facility, or library.
1097	1097	(5) EDUCATION AND AWARENESS CAMPAIGN. The department shall develop and
1098	1098	make available training programs for marijuana producers on how to safely and
1099	1099	efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for
1100	1100	marijuana processors on how to safely and efficiently produce and handle marijuana
1101	1101	products and test marijuana for contaminants. The department shall conduct an
1102	1102	awareness campaign to inform potential marijuana producers and marijuana
1103	1103	processors of the availability and viability of marijuana as a crop or product in this
1104	1104	state.
1105	1105	(6) RULES. The department shall promulgate rules necessary to administer and
1106	1106	enforce this section, including rules relating to the inspection of the plants, facilities,
1107	1107	and products of permittees; training requirements for employees of permittees; and
1108	1108	the competitive scoring system for determining which applicants are eligible to
1109	1109	receive a permit under this section.
1110	1110	(7) PENALTIES. (a) Unless another penalty is prescribed for the violation, any
1111	1111	person who violates sub. (2), fails to pay the required fee under sub. (3), or violates
1112	1112	any of the requirements established by the rules promulgated under sub. (6) shall
1113	1113	be fined not less than $100 nor more than $500 or imprisoned not more than 6 months
1114	1114	or both.
1115	1115	(b) In addition to the penalties imposed under par. (a), the department shall
1116	1116	revoke the permit of any person convicted of any violation described under par. (a)
1117	1117	and not issue another permit to that person for a period of 2 years following the
1118	1118	revocation. The department may suspend or revoke the permit of any permittee who
1119	1119	violates s. 100.30, any provision of this section, or any rules promulgated under sub.
1120	1120	1
1121	1121	2
1122	1122	3
1123	1123	4
1124	1124	5
1125	1125	6
1126	1126	7
1127	1127	8
1128	1128	9
1129	1129	10
1130	1130	11
1131	1131	12
1132	1132	13
1133	1133	14
1134	1134	15
1135	1135	16
1136	1136	17
1137	1137	18
1138	1138	19
1139	1139	20
1140	1140	21
1141	1141	22
1142	1142	23
1143	1143	24
1144	1144	25 - 24 -2023 - 2024 Legislature LRB-4470/1
1145	1145	CMH/JK/MCP/JPC:cjs
1146	1146	SECTION 24 SENATE BILL 486
1147	1147	(6). The department shall revoke the permit of any permittee who violates s. 100.30
1148	1148	3 or more times within a 5-year period.
1149	1149	SECTION 25. 94.57 of the statutes is created to read:
1150	1150	94.57 Testing laboratories. The department shall register entities as
1151	1151	tetrahydrocannabinols testing laboratories. The laboratories may possess or
1152	1152	manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the
1153	1153	following services:
1154	1154	(1) Test marijuana produced for the medical use of tetrahydrocannabinols for
1155	1155	potency and for mold, fungus, pesticides, and other contaminants.
1156	1156	(2) Collect information on research findings and conduct research related to
1157	1157	the medical use of tetrahydrocannabinols, including research that identifies
1158	1158	potentially unsafe levels of contaminants.
1159	1159	(3) Provide training on the following:
1160	1160	(a) The safe and efficient cultivation, harvesting, packaging, labeling, and
1161	1161	distribution of marijuana for the medical use of tetrahydrocannabinols.
1162	1162	(b) Security and inventory accountability procedures.
1163	1163	(c) The most recent research on the use of tetrahydrocannabinols.
1164	1164	SECTION 26. 100.145 of the statutes is created to read:
1165	1165	100.145 Recreational marijuana logotype. The department shall design
1166	1166	an official logotype appropriate for including on a label affixed to recreational
1167	1167	marijuana under s. 139.973 (10) (a).
1168	1168	SECTION 27. 108.02 (18r) of the statutes is created to read:
1169	1169	108.02 (18r) MARIJUANA. “Marijuana” has the meaning given in s. 111.32 (11m).
1170	1170	SECTION 28. 108.04 (5m) of the statutes is created to read:
1171	1171	1
1172	1172	2
1173	1173	3
1174	1174	4
1175	1175	5
1176	1176	6
1177	1177	7
1178	1178	8
1179	1179	9
1180	1180	10
1181	1181	11
1182	1182	12
1183	1183	13
1184	1184	14
1185	1185	15
1186	1186	16
1187	1187	17
1188	1188	18
1189	1189	19
1190	1190	20
1191	1191	21
1192	1192	22
1193	1193	23
1194	1194	24 - 25 -2023 - 2024 Legislature
1195	1195	LRB-4470/1
1196	1196	CMH/JK/MCP/JPC:cjs
1197	1197	SECTION 28
1198	1198	SENATE BILL 486
1199	1199	108.04 (5m) DISCHARGE FOR USE OF MARIJUANA. (a) Notwithstanding sub. (5),
1200	1200	“misconduct," for purposes of sub. (5), does not include the employee's use of
1201	1201	marijuana off the employer's premises during nonworking hours or a violation of the
1202	1202	employer's policy concerning such use, unless termination of the employee because
1203	1203	of that use is permitted under s. 111.35.
1204	1204	(b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
1205	1205	not include the employee's use of marijuana off the employer's premises during
1206	1206	nonworking hours or a violation of the employer's policy concerning such use, unless
1207	1207	termination of the employee because of that use is permitted under s. 111.35.
1208	1208	SECTION 29. 111.32 (9m) of the statutes is created to read:
1209	1209	111.32 (9m) “Lawful product” includes marijuana.
1210	1210	SECTION 30. 111.32 (11m) of the statutes is created to read:
1211	1211	111.32 (11m) “Marijuana” means all parts of the plants of the genus Cannabis,
1212	1212	whether growing or not; the seeds thereof; the resin extracted from any part of the
1213	1213	plant; and every compound, manufacture, salt, derivative, mixture, or preparation
1214	1214	of the plant, its seeds or resin, including tetrahydrocannabinols.
1215	1215	SECTION 31. 111.35 (2) (e) of the statutes is amended to read:
1216	1216	111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
1217	1217	This paragraph does not apply with respect to violations concerning marijuana or
1218	1218	tetrahydrocannabinols under 21 USC 841 to 865.
1219	1219	SECTION 32. 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:
1220	1220	114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
1221	1221	order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
1222	1222	assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
1223	1223	examination of the person's use of alcohol, tetrahydrocannabinols, controlled
1224	1224	1
1225	1225	2
1226	1226	3
1227	1227	4
1228	1228	5
1229	1229	6
1230	1230	7
1231	1231	8
1232	1232	9
1233	1233	10
1234	1234	11
1235	1235	12
1236	1236	13
1237	1237	14
1238	1238	15
1239	1239	16
1240	1240	17
1241	1241	18
1242	1242	19
1243	1243	20
1244	1244	21
1245	1245	22
1246	1246	23
1247	1247	24
1248	1248	25 - 26 -2023 - 2024 Legislature LRB-4470/1
1249	1249	CMH/JK/MCP/JPC:cjs
1250	1250	SECTION 32 SENATE BILL 486
1251	1251	substances, or controlled substance analogs and development of an airman safety
1252	1252	plan for the person. The court shall notify the person, the department, and the proper
1253	1253	federal agency of the assessment order. The assessment order shall:
1254	1254	SECTION 33. 114.09 (2) (bm) 4. of the statutes is amended to read:
1255	1255	114.09 (2) (bm) 4. The assessment report shall order compliance with an
1256	1256	airman safety plan. The report shall inform the person of the fee provisions under
1257	1257	s. 46.03 (18) (f). The safety plan may include a component that makes the person
1258	1258	aware of the effect of his or her offense on a victim and a victim's family. The safety
1259	1259	plan may include treatment for the person's misuse, abuse, or dependence on alcohol,
1260	1260	tetrahydrocannabinols, controlled substances, or controlled substance analogs. If
1261	1261	the plan requires inpatient treatment, the treatment shall not exceed 30 days. An
1262	1262	airman safety plan under this paragraph shall include a termination date consistent
1263	1263	with the plan that shall not extend beyond one year. The county department under
1264	1264	s. 51.42 shall assure notification of the department of transportation and the person
1265	1265	of the person's compliance or noncompliance with assessment and treatment.
1266	1266	SECTION 34. 115.35 (1) of the statutes is renumbered 115.35 (1) (a) (intro.) and
1267	1267	amended to read:
1268	1268	115.35 (1) (a) (intro.) A critical health problems education program is
1269	1269	established in the department. The program shall be a systematic and integrated
1270	1270	program designed to provide appropriate learning experiences based on scientific
1271	1271	knowledge of the human organism as it functions within its environment and
1272	1272	designed to favorably influence the health, understanding, attitudes and practices
1273	1273	of the individual child which will enable him or her to adapt to changing health
1274	1274	problems of our society. The program shall be designed to educate youth with regard
1275	1275	to critical health problems and shall include, but not be limited to, the following
1276	1276	1
1277	1277	2
1278	1278	3
1279	1279	4
1280	1280	5
1281	1281	6
1282	1282	7
1283	1283	8
1284	1284	9
1285	1285	10
1286	1286	11
1287	1287	12
1288	1288	13
1289	1289	14
1290	1290	15
1291	1291	16
1292	1292	17
1293	1293	18
1294	1294	19
1295	1295	20
1296	1296	21
1297	1297	22
1298	1298	23
1299	1299	24
1300	1300	25 - 27 -2023 - 2024 Legislature
1301	1301	LRB-4470/1
1302	1302	CMH/JK/MCP/JPC:cjs
1303	1303	SECTION 34
1304	1304	SENATE BILL 486
1305	1305	topics as the basis for comprehensive education curricula in all elementary and
1306	1306	secondary schools: controlled
1307	1307	1. Controlled substances, as defined in s. 961.01 (4); controlled substance
1308	1308	analogs, as defined in s. 961.01 (4m); alcohol; and tobacco; mental.
1309	1309	2. Mental health; sexually.
1310	1310	3. Sexually transmitted diseases, including acquired immunodeficiency
1311	1311	syndrome; human.
1312	1312	4. Human growth and development; and.
1313	1313	5. Other related health and safety topics as determined by the department.
1314	1314	(b) Participation in the human growth and development topic of the curricula
1315	1315	described in par. (a) shall be entirely voluntary. The department may not require a
1316	1316	school board to use a specific human growth and development curriculum.
1317	1317	SECTION 35. Subchapter IV of chapter 139 [precedes 139.97] of the statutes is
1318	1318	created to read:
1319	1319	CHAPTER 139
1320	1320	SUBCHAPTER IV
1321	1321	MARIJUANA TAX AND REGULA TION
1322	1322	139.97 Definitions. In this subchapter:
1323	1323	(1) “Department" means the department of revenue.
1324	1324	(2) “Lot" means a definite quantity of marijuana or usable marijuana identified
1325	1325	by a lot number, every portion or package of which is consistent with the factors that
1326	1326	appear in the labeling.
1327	1327	(3) “Lot number" means a number that specifies the person who holds a valid
1328	1328	permit under this subchapter and the harvesting or processing date for each lot.
1329	1329	(4) “Marijuana" has the meaning given in s. 961.70 (2).
1330	1330	1
1331	1331	2
1332	1332	3
1333	1333	4
1334	1334	5
1335	1335	6
1336	1336	7
1337	1337	8
1338	1338	9
1339	1339	10
1340	1340	11
1341	1341	12
1342	1342	13
1343	1343	14
1344	1344	15
1345	1345	16
1346	1346	17
1347	1347	18
1348	1348	19
1349	1349	20
1350	1350	21
1351	1351	22
1352	1352	23
1353	1353	24
1354	1354	25 - 28 -2023 - 2024 Legislature LRB-4470/1
1355	1355	CMH/JK/MCP/JPC:cjs
1356	1356	SECTION 35 SENATE BILL 486
1357	1357	(5) “Marijuana distributor” means a person in this state who purchases or
1358	1358	receives usable marijuana from a marijuana processor and who sells or otherwise
1359	1359	transfers the usable marijuana to a marijuana retailer or operator of a marijuana
1360	1360	lounge for the purpose of resale to consumers.
1361	1361	(5m) “Marijuana lounge” means a location for the retail sale of usable
1362	1362	marijuana for consumption on the premises.
1363	1363	(6) “Marijuana processor" means a person in this state who processes
1364	1364	marijuana into usable marijuana, packages and labels usable marijuana for sale in
1365	1365	retail outlets, and sells at wholesale or otherwise transfers usable marijuana to
1366	1366	marijuana distributors.
1367	1367	(7) “Marijuana producer" means a person in this state who produces marijuana
1368	1368	and sells it at wholesale or otherwise transfers it to marijuana processors.
1369	1369	(8) “Marijuana retailer" means a person in this state that sells usable
1370	1370	marijuana at a retail outlet other than a marijuana lounge.
1371	1371	(9) “Microbusiness” means a marijuana producer that produces marijuana in
1372	1372	one area that is less than 10,000 square feet and who also operates as any 2 of the
1373	1373	following:
1374	1374	(a) A marijuana processor.
1375	1375	(b) A marijuana distributor.
1376	1376	(c) A marijuana retailer.
1377	1377	(10) “Permittee" means a marijuana producer, marijuana processor, marijuana
1378	1378	distributor, marijuana retailer, microbusiness, or operator of a marijuana lounge
1379	1379	that is issued a permit under s. 139.972.
1380	1380	(11) “Retail outlet" means a location for the retail sale of usable marijuana.
1381	1381	(12) “Sales price" has the meaning given in s. 77.51 (15b).
1382	1382	1
1383	1383	2
1384	1384	3
1385	1385	4
1386	1386	5
1387	1387	6
1388	1388	7
1389	1389	8
1390	1390	9
1391	1391	10
1392	1392	11
1393	1393	12
1394	1394	13
1395	1395	14
1396	1396	15
1397	1397	16
1398	1398	17
1399	1399	18
1400	1400	19
1401	1401	20
1402	1402	21
1403	1403	22
1404	1404	23
1405	1405	24
1406	1406	25 - 29 -2023 - 2024 Legislature
1407	1407	LRB-4470/1
1408	1408	CMH/JK/MCP/JPC:cjs
1409	1409	SECTION 35
1410	1410	SENATE BILL 486
1411	1411	(13) “Usable marijuana" means marijuana that has been processed for human
1412	1412	consumption and includes dried marijuana flowers, marijuana-infused products,
1413	1413	and marijuana edibles.
1414	1414	139.971 Marijuana tax. (1) (a) An excise tax is imposed on a marijuana
1415	1415	producer at the rate of 15 percent of the sales price on each wholesale sale or transfer
1416	1416	in this state of marijuana to a marijuana processor. This paragraph applies to a
1417	1417	microbusiness that transfers marijuana to a processing operation within the
1418	1418	microbusiness.
1419	1419	(b) An excise tax is imposed on a marijuana retailer or operator of a marijuana
1420	1420	lounge at the rate of 10 percent of the sales price on each retail sale in this state of
1421	1421	usable marijuana, except that the tax does not apply to sales of usable marijuana to
1422	1422	an individual who holds a valid tax exemption certificate issued under s. 73.17 (4).
1423	1423	(2) Each person liable for the taxes imposed under sub. (1) shall pay the taxes
1424	1424	to the department no later than the 15th day of the month following the month in
1425	1425	which the person's tax liability is incurred and shall include with the payment a
1426	1426	return on a form prescribed by the department.
1427	1427	(3) For purposes of this section, a marijuana producer may not sell marijuana
1428	1428	directly to a marijuana distributor, marijuana retailer, or operator of a marijuana
1429	1429	lounge, and a marijuana retailer or operator of a marijuana lounge may purchase
1430	1430	usable marijuana for resale only from a marijuana distributor. This subsection does
1431	1431	not apply to a microbusiness that transfers marijuana or usable marijuana to
1432	1432	another operation with the microbusiness.
1433	1433	139.972 Permits required. (1) (a) No person may operate in this state as a
1434	1434	marijuana producer, marijuana processor, marijuana distributor, marijuana
1435	1435	retailer, microbusiness, or operator of a marijuana lounge without first filing an
1436	1436	1
1437	1437	2
1438	1438	3
1439	1439	4
1440	1440	5
1441	1441	6
1442	1442	7
1443	1443	8
1444	1444	9
1445	1445	10
1446	1446	11
1447	1447	12
1448	1448	13
1449	1449	14
1450	1450	15
1451	1451	16
1452	1452	17
1453	1453	18
1454	1454	19
1455	1455	20
1456	1456	21
1457	1457	22
1458	1458	23
1459	1459	24
1460	1460	25 - 30 -2023 - 2024 Legislature LRB-4470/1
1461	1461	CMH/JK/MCP/JPC:cjs
1462	1462	SECTION 35 SENATE BILL 486
1463	1463	application for and obtaining the proper permit from the department to perform such
1464	1464	operations. In addition, no person may operate in this state as a marijuana producer
1465	1465	or marijuana processor without first filing an application for and obtaining the
1466	1466	proper permit under s. 94.56.
1467	1467	(b) This section applies to all officers, directors, agents, and stockholders
1468	1468	holding 5 percent or more of the stock of any corporation applying for a permit under
1469	1469	this section.
1470	1470	(c) Subject to ss. 111.321, 111.322, and 111.335, a permit under this section may
1471	1471	not be granted to any person to whom any of the following applies:
1472	1472	1. The person has been convicted of a violent misdemeanor, as defined in s.
1473	1473	941.29 (1g) (b), at least 3 times.
1474	1474	2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
1475	1475	(a), unless pardoned.
1476	1476	3. During the preceding 3 years, the person has been committed under s. 51.20
1477	1477	for being drug dependent.
1478	1478	4. The person chronically and habitually uses alcohol beverages or other
1479	1479	substances to the extent that his or her normal faculties are impaired. A person is
1480	1480	presumed to chronically and habitually use alcohol beverages or other substances to
1481	1481	the extent that his or her normal faculties are impaired if, within the preceding 3
1482	1482	years, any of the following applies:
1483	1483	a. The person has been committed for involuntary treatment under s. 51.45
1484	1484	(13).
1485	1485	b. The person has been convicted of a violation of s. 941.20 (1) (b).
1486	1486	c. In 2 or more cases arising out of separate incidents, a court has found the
1487	1487	person to have committed a violation of s. 346.63 or a local ordinance in conformity
1488	1488	1
1489	1489	2
1490	1490	3
1491	1491	4
1492	1492	5
1493	1493	6
1494	1494	7
1495	1495	8
1496	1496	9
1497	1497	10
1498	1498	11
1499	1499	12
1500	1500	13
1501	1501	14
1502	1502	15
1503	1503	16
1504	1504	17
1505	1505	18
1506	1506	19
1507	1507	20
1508	1508	21
1509	1509	22
1510	1510	23
1511	1511	24
1512	1512	25 - 31 -2023 - 2024 Legislature
1513	1513	LRB-4470/1
1514	1514	CMH/JK/MCP/JPC:cjs
1515	1515	SECTION 35
1516	1516	SENATE BILL 486
1517	1517	with that section; a violation of a law of a federally recognized American Indian tribe
1518	1518	or band in this state in conformity with s. 346.63; or a violation of the law of another
1519	1519	jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
1520	1520	intoxicated, while under the influence of a controlled substance, a controlled
1521	1521	substance analog, or a combination thereof, with an excess or specified range of
1522	1522	alcohol concentration, or while under the influence of any drug to a degree that
1523	1523	renders the person incapable of safely driving, as those or substantially similar
1524	1524	terms are used in that jurisdiction's laws.
1525	1525	5. The person has income that comes principally from gambling or has been
1526	1526	convicted of 2 or more gambling offenses.
1527	1527	6. The person has been convicted of crimes relating to prostitution.
1528	1528	7. The person has been convicted of of crimes relating to loaning money or
1529	1529	anything of value to persons holding licenses or permits pursuant to ch. 125.
1530	1530	8. The person is under the age of 21.
1531	1531	9. The person has not been a resident of this state continuously for at least 90
1532	1532	days prior to the application date.
1533	1533	(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
1534	1534	employees may not receive a permit under this section to operate as a marijuana
1535	1535	distributor or marijuana retailer unless the applicant certifies to the department
1536	1536	that the applicant has entered into a labor peace agreement, as defined in s. 94.56
1537	1537	(1) (a), and will abide by the terms of the agreement as a condition of maintaining
1538	1538	a valid permit under this section. The applicant shall submit to the department a
1539	1539	copy of the page of the labor peace agreement that contains the signatures of the
1540	1540	labor organization representative and the applicant.
1541	1541	1
1542	1542	2
1543	1543	3
1544	1544	4
1545	1545	5
1546	1546	6
1547	1547	7
1548	1548	8
1549	1549	9
1550	1550	10
1551	1551	11
1552	1552	12
1553	1553	13
1554	1554	14
1555	1555	15
1556	1556	16
1557	1557	17
1558	1558	18
1559	1559	19
1560	1560	20
1561	1561	21
1562	1562	22
1563	1563	23
1564	1564	24 - 32 -2023 - 2024 Legislature LRB-4470/1
1565	1565	CMH/JK/MCP/JPC:cjs
1566	1566	SECTION 35 SENATE BILL 486
1567	1567	(cn) The department shall use a competitive scoring system to determine which
1568	1568	applicants are eligible to receive a permit under this section. The department shall
1569	1569	issue permits to the highest scoring applicants that it determines will best protect
1570	1570	the environment; provide stable, family-supporting jobs to local residents; ensure
1571	1571	worker and consumer safety; operate secure facilities; and uphold the laws of the
1572	1572	jurisdictions in which they operate. The department shall, using criteria established
1573	1573	by rule, score an applicant for a permit to operate as a marijuana retailer or as an
1574	1574	operator of a marijuana lounge on the applicant's ability to articulate a social equity
1575	1575	plan related to the operation of a marijuana retail establishment. The department
1576	1576	may deny a permit to an applicant with a low score as determined under this
1577	1577	paragraph. The department may request that the applicant provide any information
1578	1578	or documentation that the department deems necessary for purposes of making a
1579	1579	determination under this paragraph.
1580	1580	(cs) A permit under this section for an operator of a marijuana lounge may
1581	1581	authorize the operation of a marijuana lounge only in a municipality or county that
1582	1582	has enacted an ordinance authorizing the establishment of marijuana lounges in the
1583	1583	municipality or county.
1584	1584	(ct) No marijuana retailer or operator of a marijuana lounge may hold a permit
1585	1585	or license to sell alcohol, tobacco products, or cigarettes on the premises of the retail
1586	1586	operation or lounge.
1587	1587	(d) 1. Before the department issues a new or renewed permit under this section,
1588	1588	the department shall give notice of the permit application to the governing body of
1589	1589	the municipality where the permit applicant intends to operate the premises of a
1590	1590	marijuana producer, marijuana processor, marijuana distributor, marijuana
1591	1591	retailer, microbusiness, or marijuana lounge. No later than 30 days after the
1592	1592	1
1593	1593	2
1594	1594	3
1595	1595	4
1596	1596	5
1597	1597	6
1598	1598	7
1599	1599	8
1600	1600	9
1601	1601	10
1602	1602	11
1603	1603	12
1604	1604	13
1605	1605	14
1606	1606	15
1607	1607	16
1608	1608	17
1609	1609	18
1610	1610	19
1611	1611	20
1612	1612	21
1613	1613	22
1614	1614	23
1615	1615	24
1616	1616	25 - 33 -2023 - 2024 Legislature
1617	1617	LRB-4470/1
1618	1618	CMH/JK/MCP/JPC:cjs
1619	1619	SECTION 35
1620	1620	SENATE BILL 486
1621	1621	department submits the notice, the governing body of the municipality may file with
1622	1622	the department a written objection to granting or renewing the permit. At the
1623	1623	municipality's request, the department may extend the period for filing objections.
1624	1624	2. A written objection filed under subd. 1. shall provide all the facts on which
1625	1625	the objection is based. In determining whether to grant or deny a permit for which
1626	1626	an objection has been filed under this paragraph, the department shall give
1627	1627	substantial weight to objections from a municipality based on chronic illegal activity
1628	1628	associated with the premises for which the applicant seeks a permit or the premises
1629	1629	of any other operation in this state for which the applicant holds or has held a valid
1630	1630	permit or license, the conduct of the applicant's patrons inside or outside the
1631	1631	premises of any other operation in this state for which the applicant holds or has held
1632	1632	a valid permit or license, and local zoning ordinances. In this subdivision, “chronic
1633	1633	illegal activity" means a pervasive pattern of activity that threatens the public
1634	1634	health, safety, and welfare of the municipality, including any crime or ordinance
1635	1635	violation, and that is documented in crime statistics, police reports, emergency
1636	1636	medical response data, calls for service, field data, or similar law enforcement agency
1637	1637	records.
1638	1638	(e) After denying a permit, the department shall immediately notify the
1639	1639	applicant in writing of the denial and the reasons for the denial. After making a
1640	1640	decision to grant or deny a permit for which a municipality has filed an objection
1641	1641	under par. (d), the department shall immediately notify the governing body of the
1642	1642	municipality in writing of its decision and the reasons for the decision.
1643	1643	(f) 1. The department's denial of a permit under this section is subject to judicial
1644	1644	review under ch. 227.
1645	1645	1
1646	1646	2
1647	1647	3
1648	1648	4
1649	1649	5
1650	1650	6
1651	1651	7
1652	1652	8
1653	1653	9
1654	1654	10
1655	1655	11
1656	1656	12
1657	1657	13
1658	1658	14
1659	1659	15
1660	1660	16
1661	1661	17
1662	1662	18
1663	1663	19
1664	1664	20
1665	1665	21
1666	1666	22
1667	1667	23
1668	1668	24 - 34 -2023 - 2024 Legislature LRB-4470/1
1669	1669	CMH/JK/MCP/JPC:cjs
1670	1670	SECTION 35 SENATE BILL 486
1671	1671	2. The department's decision to grant a permit under this section regardless of
1672	1672	an objection filed under par. (d) is subject to judicial review under ch. 227.
1673	1673	(g) The department shall not issue a permit under this section to any person
1674	1674	who does not hold a valid certificate under s. 73.03 (50).
1675	1675	(2) Each person who applies for a permit under this section shall submit with
1676	1676	the application a $250 fee. Each person who is granted a permit under this section
1677	1677	shall annually pay to the department a $2,000 fee for as long as the person holds a
1678	1678	valid permit under this section. A permit issued under this section is valid for one
1679	1679	year and may be renewed, except that the department may revoke or suspend a
1680	1680	permit prior to its expiration. A person is not entitled to a refund of the fees paid
1681	1681	under this subsection if the person's permit is denied, revoked, or suspended.
1682	1682	(3) The department may not issue a permit under this section to operate any
1683	1683	premises which are within 500 feet of the perimeter of the grounds of any elementary
1684	1684	or secondary school, playground, recreation facility, child care facility, public park,
1685	1685	public transit facility, or library.
1686	1686	(4) Under this section, a separate permit is required for and issued to each class
1687	1687	of permittee, and the permit holder may perform only the operations authorized by
1688	1688	the permit. A permit issued under this section is not transferable from one person
1689	1689	to another or from one premises to another. A separate permit is required for each
1690	1690	place in this state where the operations of a marijuana producer, marijuana
1691	1691	processor, marijuana distributor, marijuana retailer, operator of a marijuana lounge,
1692	1692	or microbusiness occur, including each retail outlet. No person who has been issued
1693	1693	a permit to operate as a marijuana retailer or operator of a marijuana lounge, or who
1694	1694	has any direct or indirect financial interest in the operation of a marijuana retailer
1695	1695	or operator of a marijuana lounge, shall be issued a permit to operate as a marijuana
1696	1696	1
1697	1697	2
1698	1698	3
1699	1699	4
1700	1700	5
1701	1701	6
1702	1702	7
1703	1703	8
1704	1704	9
1705	1705	10
1706	1706	11
1707	1707	12
1708	1708	13
1709	1709	14
1710	1710	15
1711	1711	16
1712	1712	17
1713	1713	18
1714	1714	19
1715	1715	20
1716	1716	21
1717	1717	22
1718	1718	23
1719	1719	24
1720	1720	25 - 35 -2023 - 2024 Legislature
1721	1721	LRB-4470/1
1722	1722	CMH/JK/MCP/JPC:cjs
1723	1723	SECTION 35
1724	1724	SENATE BILL 486
1725	1725	producer, marijuana processor, or marijuana distributor. A person who has been
1726	1726	issued a permit to operate as a microbusiness is not required to hold separate permits
1727	1727	to operate as a marijuana processor, marijuana distributor, or marijuana retailer,
1728	1728	but shall specify on the person's application for a microbusiness permit the activities
1729	1729	that the person will be engaged in as a microbusiness.
1730	1730	(5) Each person issued a permit under this section shall post the permit in a
1731	1731	conspicuous place on the premises to which the permit relates.
1732	1732	139.973 Regulation. (1) (a) No permittee may employ an individual who is
1733	1733	under the age of 21 to work in the business to which the permit relates.
1734	1734	(b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an
1735	1735	individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the
1736	1736	individual.
1737	1737	(2) A retail outlet other than a marijuana lounge shall sell no products or
1738	1738	services other than usable marijuana or paraphernalia intended for the storage or
1739	1739	use of usable marijuana.
1740	1740	(3) No marijuana retailer or operator of a marijuana lounge may allow a person
1741	1741	who is under the age of 21 to enter or be on the premises of a retail outlet in violation
1742	1742	of s. 961.71 (2m), unless that person is a qualifying patient, as defined in s. 73.17 (1)
1743	1743	(d).
1744	1744	(4) The maximum amount of usable marijuana that a retail outlet may sell to
1745	1745	an individual consumer in a single transaction may not exceed a permissible amount,
1746	1746	as defined in s. 961.70 (3).
1747	1747	(4m) A marijuana retailer or operator of a marijuana lounge may not collect,
1748	1748	retain, or distribute personal information regarding the retailer's or operator's
1749	1749	customers except that which is necessary to complete a sale of usable marijuana.
1750	1750	1
1751	1751	2
1752	1752	3
1753	1753	4
1754	1754	5
1755	1755	6
1756	1756	7
1757	1757	8
1758	1758	9
1759	1759	10
1760	1760	11
1761	1761	12
1762	1762	13
1763	1763	14
1764	1764	15
1765	1765	16
1766	1766	17
1767	1767	18
1768	1768	19
1769	1769	20
1770	1770	21
1771	1771	22
1772	1772	23
1773	1773	24
1774	1774	25 - 36 -2023 - 2024 Legislature LRB-4470/1
1775	1775	CMH/JK/MCP/JPC:cjs
1776	1776	SECTION 35 SENATE BILL 486
1777	1777	(5) No marijuana retailer may display any signage in a window, on a door, or
1778	1778	on the outside of the premises of a retail outlet that is visible to the general public
1779	1779	from a public right-of-way, other than a single sign that is no larger than 1,600
1780	1780	square inches identifying the retail outlet by the permittee's business or trade name.
1781	1781	(6) No marijuana retailer or operator of a marijuana lounge may display usable
1782	1782	marijuana in a manner that is visible to the general public from a public
1783	1783	right-of-way.
1784	1784	(7) No marijuana retailer or employee of a retail outlet may consume, or allow
1785	1785	to be consumed, any usable marijuana on the premises of the retail outlet.
1786	1786	(7m) A marijuana retailer or operator of a marijuana lounge may operate a
1787	1787	retail outlet only between the hours of 8 a.m. and 8 p.m.
1788	1788	(8) Except as provided under sub. (5), no marijuana producer, marijuana
1789	1789	processor, marijuana distributor, marijuana retailer, operator of a marijuana lounge,
1790	1790	or microbusiness may place or maintain, or cause to be placed or maintained, an
1791	1791	advertisement of usable marijuana in any form or through any medium.
1792	1792	(9) (a) On a schedule determined by the department, every marijuana
1793	1793	producer, marijuana processor, or microbusiness shall submit representative
1794	1794	samples of the marijuana and usable marijuana produced or processed by the
1795	1795	marijuana producer, marijuana processor, or microbusiness to a testing laboratory
1796	1796	registered under s. 94.57 for testing marijuana and usable marijuana in order to
1797	1797	certify that the marijuana and usable marijuana comply with standards prescribed
1798	1798	by the department by rule, including testing for potency and for mold, fungus,
1799	1799	pesticides, and other contaminants. The laboratory testing the sample shall destroy
1800	1800	any part of the sample that remains after the testing.
1801	1801	1
1802	1802	2
1803	1803	3
1804	1804	4
1805	1805	5
1806	1806	6
1807	1807	7
1808	1808	8
1809	1809	9
1810	1810	10
1811	1811	11
1812	1812	12
1813	1813	13
1814	1814	14
1815	1815	15
1816	1816	16
1817	1817	17
1818	1818	18
1819	1819	19
1820	1820	20
1821	1821	21
1822	1822	22
1823	1823	23
1824	1824	24 - 37 -2023 - 2024 Legislature
1825	1825	LRB-4470/1
1826	1826	CMH/JK/MCP/JPC:cjs
1827	1827	SECTION 35
1828	1828	SENATE BILL 486
1829	1829	(b) Marijuana producers, marijuana processors, and microbusinesses shall
1830	1830	submit the results of the testing provided under par. (a) to the department in the
1831	1831	manner prescribed by the department by rule.
1832	1832	(c) If a representative sample tested under par. (a) does not meet the standards
1833	1833	prescribed by the department, the department shall take the necessary action to
1834	1834	ensure that the entire lot from which the sample was taken is destroyed. The
1835	1835	department shall promulgate rules to determine lots and lot numbers for purposes
1836	1836	of this subsection and for the reporting of lots and lot numbers to the department.
1837	1837	(10) (a) A marijuana processor or a microbusiness that operates as a marijuana
1838	1838	processor shall affix a label to all usable marijuana that the marijuana processor or
1839	1839	microbusiness sells to marijuana distributors. The label may not be designed to
1840	1840	appeal to persons under the age of 18. The label shall include all of the following:
1841	1841	1. The ingredients and the tetrahydrocannabinols concentration in the usable
1842	1842	marijuana.
1843	1843	2. The producer's business or trade name.
1844	1844	3. The producer's permit number.
1845	1845	4. The harvest batch number of the marijuana.
1846	1846	5. The harvest date.
1847	1847	6. The strain name and product identity.
1848	1848	7. The net weight.
1849	1849	8. The activation time.
1850	1850	9. The name of laboratory performing any test, the test batch number, and the
1851	1851	test analysis dates.
1852	1852	10. The logotype for recreational marijuana developed by the department of
1853	1853	agriculture, trade and consumer protection under s. 100.145.
1854	1854	1
1855	1855	2
1856	1856	3
1857	1857	4
1858	1858	5
1859	1859	6
1860	1860	7
1861	1861	8
1862	1862	9
1863	1863	10
1864	1864	11
1865	1865	12
1866	1866	13
1867	1867	14
1868	1868	15
1869	1869	16
1870	1870	17
1871	1871	18
1872	1872	19
1873	1873	20
1874	1874	21
1875	1875	22
1876	1876	23
1877	1877	24
1878	1878	25 - 38 -2023 - 2024 Legislature LRB-4470/1
1879	1879	CMH/JK/MCP/JPC:cjs
1880	1880	SECTION 35 SENATE BILL 486
1881	1881	11. Warnings about the risks of marijuana use and pregnancy and risks of
1882	1882	marijuana use by persons under the age of 18.
1883	1883	(b) No marijuana processor or microbusiness that operates as a marijuana
1884	1884	processor may make usable marijuana using marijuana grown outside this state.
1885	1885	The label on each package of usable marijuana may indicate that the usable
1886	1886	marijuana is made in this state.
1887	1887	(11) (a) No permittee may sell marijuana or usable marijuana that contains
1888	1888	more than 3 parts tetrahydrocannabinols to one part cannabidiol.
1889	1889	(b) No permittee may sell marijuana or usable marijuana that tests positive
1890	1890	under sub. (9) (a) for mold, fungus, pesticides, or other contaminants if the
1891	1891	contaminants, or level of contaminants, are identified by a testing laboratory to be
1892	1892	potentially unsafe to the consumer.
1893	1893	(12) Immediately after beginning employment with a permittee, every
1894	1894	employee of a permittee shall receive training, approved by the department, on the
1895	1895	safe handling of marijuana and usable marijuana and on security and inventory
1896	1896	accountability procedures.
1897	1897	(13) The department shall deposit 60 percent of all moneys received under this
1898	1898	subchapter into the community reinvestment fund.
1899	1899	139.974 Records and reports. (1) Every permittee shall keep accurate and
1900	1900	complete records of the production and sales of marijuana and usable marijuana in
1901	1901	this state. The records shall be kept on the premises described in the permit and in
1902	1902	such manner as to ensure permanency and accessibility for inspection at reasonable
1903	1903	hours by the department's authorized personnel. The department shall prescribe
1904	1904	reasonable and uniform methods of keeping records and making reports and shall
1905	1905	provide the necessary forms to permittees.
1906	1906	1
1907	1907	2
1908	1908	3
1909	1909	4
1910	1910	5
1911	1911	6
1912	1912	7
1913	1913	8
1914	1914	9
1915	1915	10
1916	1916	11
1917	1917	12
1918	1918	13
1919	1919	14
1920	1920	15
1921	1921	16
1922	1922	17
1923	1923	18
1924	1924	19
1925	1925	20
1926	1926	21
1927	1927	22
1928	1928	23
1929	1929	24
1930	1930	25 - 39 -2023 - 2024 Legislature
1931	1931	LRB-4470/1
1932	1932	CMH/JK/MCP/JPC:cjs
1933	1933	SECTION 35
1934	1934	SENATE BILL 486
1935	1935	(2) If the department determines that any permittee's records are not kept in
1936	1936	the prescribed form or are in such condition that the department requires an unusual
1937	1937	amount of time to determine from the records the amount of the tax due, the
1938	1938	department shall give notice to the permittee that the permittee is required to revise
1939	1939	the permittee's records and keep them in the prescribed form. If the permittee fails
1940	1940	to comply within 30 days, the permittee shall pay the expenses reasonably
1941	1941	attributable to a proper examination and tax determination at the rate of $30 a day
1942	1942	for each auditor used to make the examination and determination. The department
1943	1943	shall send a bill for such expenses, and the permittee shall pay the amount of such
1944	1944	bill within 10 days.
1945	1945	(3) If any permittee fails to file a report when due, the permittee shall be
1946	1946	required to pay a late filing fee of $10. A report that is mailed is filed on time if it is
1947	1947	mailed in a properly addressed envelope with postage prepaid, the envelope is
1948	1948	officially postmarked, or marked or recorded electronically as provided under section
1949	1949	7502 (f) (2) (c) of the Internal Revenue Code, on the date due, and the report is
1950	1950	actually received by the department or at the destination that the department
1951	1951	prescribes within 5 days of the due date. A report that is not mailed is timely if it
1952	1952	is received on or before the due date by the department or at the destination that the
1953	1953	department prescribes. For purposes of this subsection, “mailed" includes delivery
1954	1954	by a delivery service designated under section 7502 (f) of the Internal Revenue Code.
1955	1955	(4) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating
1956	1956	to confidentiality of income, franchise, and gift tax returns, apply to any information
1957	1957	obtained from any permittee under this subchapter on a tax return, report, schedule,
1958	1958	exhibit, or other document or from an audit report relating to any of those documents,
1959	1959	except that the department shall publish production and sales statistics.
1960	1960	1
1961	1961	2
1962	1962	3
1963	1963	4
1964	1964	5
1965	1965	6
1966	1966	7
1967	1967	8
1968	1968	9
1969	1969	10
1970	1970	11
1971	1971	12
1972	1972	13
1973	1973	14
1974	1974	15
1975	1975	16
1976	1976	17
1977	1977	18
1978	1978	19
1979	1979	20
1980	1980	21
1981	1981	22
1982	1982	23
1983	1983	24
1984	1984	25 - 40 -2023 - 2024 Legislature LRB-4470/1
1985	1985	CMH/JK/MCP/JPC:cjs
1986	1986	SECTION 35 SENATE BILL 486
1987	1987	139.975 Administration and enforcement. (1) The department shall
1988	1988	administer and enforce this subchapter and promulgate rules necessary to
1989	1989	administer and enforce this subchapter.
1990	1990	(2) The duly authorized employees of the department have all necessary police
1991	1991	powers to prevent violations of this subchapter.
1992	1992	(3) Authorized personnel of the department of justice and the department of
1993	1993	revenue, and any law enforcement officer, within their respective jurisdictions, may
1994	1994	at all reasonable hours enter the premises of any permittee and examine the books
1995	1995	and records to determine whether the tax imposed by this subchapter has been fully
1996	1996	paid and may enter and inspect any premises where marijuana or usable marijuana
1997	1997	is produced, processed, made, sold, or stored to determine whether the permittee is
1998	1998	complying with this subchapter.
1999	1999	(4) The department may suspend or revoke the permit of any permittee who
2000	2000	violates s. 100.30, any provision of this subchapter, or any rules promulgated under
2001	2001	sub. (1). The department shall revoke the permit of any permittee who violates s.
2002	2002	100.30 3 or more times within a 5-year period.
2003	2003	(5) No suit shall be maintained in any court to restrain or delay the collection
2004	2004	or payment of the tax levied in s. 139.971. The aggrieved taxpayer shall pay the tax
2005	2005	when due and, if paid under protest, may at any time within 90 days from the date
2006	2006	of payment sue the state to recover the tax paid. If it is finally determined that any
2007	2007	part of the tax was wrongfully collected, the secretary of administration shall pay the
2008	2008	amount wrongfully collected. A separate suit need not be filed for each separate
2009	2009	payment made by any taxpayer, but a recovery may be had in one suit for as many
2010	2010	payments as may have been made.
2011	2011	1
2012	2012	2
2013	2013	3
2014	2014	4
2015	2015	5
2016	2016	6
2017	2017	7
2018	2018	8
2019	2019	9
2020	2020	10
2021	2021	11
2022	2022	12
2023	2023	13
2024	2024	14
2025	2025	15
2026	2026	16
2027	2027	17
2028	2028	18
2029	2029	19
2030	2030	20
2031	2031	21
2032	2032	22
2033	2033	23
2034	2034	24 - 41 -2023 - 2024 Legislature
2035	2035	LRB-4470/1
2036	2036	CMH/JK/MCP/JPC:cjs
2037	2037	SECTION 35
2038	2038	SENATE BILL 486
2039	2039	(6) (a) Any person may be compelled to testify in regard to any violation of this
2040	2040	subchapter of which the person may have knowledge, even though such testimony
2041	2041	may tend to incriminate the person, upon being granted immunity from prosecution
2042	2042	in connection with the testimony, and upon the giving of such testimony, the person
2043	2043	shall not be prosecuted because of the violation relative to which the person has
2044	2044	testified.
2045	2045	(b) The immunity provided under par. (a) is subject to the restrictions under
2046	2046	s. 972.085.
2047	2047	(7) The provisions on timely filing under s. 71.80 (18) apply to the tax imposed
2048	2048	under this subchapter.
2049	2049	(8) Sections 71.74 (1), (2), (10), (11), and (14), 71.77, 71.91 (1) (a) and (c) and
2050	2050	(2) to (7), 71.92, and 73.0301 as they apply to the taxes under ch. 71 apply to the taxes
2051	2051	under this subchapter. Section 71.74 (13) as it applies to the collection of the taxes
2052	2052	under ch. 71 applies to the collection of the taxes under this subchapter, except that
2053	2053	the period during which notice of an additional assessment shall be given begins on
2054	2054	the due date of the report under this subchapter.
2055	2055	(9) Any building or place of any kind where marijuana or usable marijuana is
2056	2056	sold, possessed, stored, or manufactured without a lawful permit or in violation of
2057	2057	s. 139.972 or 139.973 is declared a public nuisance and may be closed and abated as
2058	2058	such.
2059	2059	(10) At the request of the secretary of revenue, the attorney general may
2060	2060	represent this state or assist a district attorney in prosecuting any case arising under
2061	2061	this subchapter.
2062	2062	139.976 Theft of tax moneys. All marijuana tax moneys received by a
2063	2063	permittee for the sale of marijuana or usable marijuana on which the tax under this
2064	2064	1
2065	2065	2
2066	2066	3
2067	2067	4
2068	2068	5
2069	2069	6
2070	2070	7
2071	2071	8
2072	2072	9
2073	2073	10
2074	2074	11
2075	2075	12
2076	2076	13
2077	2077	14
2078	2078	15
2079	2079	16
2080	2080	17
2081	2081	18
2082	2082	19
2083	2083	20
2084	2084	21
2085	2085	22
2086	2086	23
2087	2087	24
2088	2088	25 - 42 -2023 - 2024 Legislature LRB-4470/1
2089	2089	CMH/JK/MCP/JPC:cjs
2090	2090	SECTION 35 SENATE BILL 486
2091	2091	subchapter has become due and has not been paid are trust funds in the permittee's
2092	2092	possession and are the property of this state. Any permittee who fraudulently
2093	2093	withholds, appropriates, or otherwise uses marijuana tax moneys that are the
2094	2094	property of this state is guilty of theft under s. 943.20 (1), whether or not the
2095	2095	permittee has or claims to have an interest in those moneys.
2096	2096	139.977 Seizure and confiscation. (1) All marijuana and usable marijuana
2097	2097	produced, processed, made, kept, stored, sold, distributed, or transported in violation
2098	2098	of this subchapter, and all tangible personal property used in connection with the
2099	2099	marijuana or usable marijuana, is unlawful property and subject to seizure by the
2100	2100	department or a law enforcement officer. Except as provided in sub. (2), all
2101	2101	marijuana and usable marijuana seized under this subsection shall be destroyed.
2102	2102	(2) If marijuana or usable marijuana on which the tax has not been paid is
2103	2103	seized as provided under sub. (1), it may be given to law enforcement officers to use
2104	2104	in criminal investigations or sold to qualified buyers by the department, without
2105	2105	notice. If the department finds that the marijuana or usable marijuana may
2106	2106	deteriorate or become unfit for use in criminal investigations or for sale, or that those
2107	2107	uses would otherwise be impractical, the department may order it destroyed.
2108	2108	(3) If marijuana or usable marijuana on which the tax has been paid is seized
2109	2109	as provided under sub. (1), it shall be returned to the true owner if ownership can be
2110	2110	ascertained and the owner or the owner's agent is not involved in the violation
2111	2111	resulting in the seizure. If the ownership cannot be ascertained or if the owner or
2112	2112	the owner's agent was guilty of the violation that resulted in the seizure of the
2113	2113	marijuana or usable marijuana, it may be sold or otherwise disposed of as provided
2114	2114	in sub. (2).
2115	2115	1
2116	2116	2
2117	2117	3
2118	2118	4
2119	2119	5
2120	2120	6
2121	2121	7
2122	2122	8
2123	2123	9
2124	2124	10
2125	2125	11
2126	2126	12
2127	2127	13
2128	2128	14
2129	2129	15
2130	2130	16
2131	2131	17
2132	2132	18
2133	2133	19
2134	2134	20
2135	2135	21
2136	2136	22
2137	2137	23
2138	2138	24 - 43 -2023 - 2024 Legislature
2139	2139	LRB-4470/1
2140	2140	CMH/JK/MCP/JPC:cjs
2141	2141	SECTION 35
2142	2142	SENATE BILL 486
2143	2143	(4) If tangible personal property other than marijuana or usable marijuana is
2144	2144	seized as provided under sub. (1), the department shall advertise the tangible
2145	2145	personal property for sale by publication of a class 2 notice under ch. 985. If no person
2146	2146	claiming a lien on, or ownership of, the property has notified the department of the
2147	2147	person's claim within 10 days after last insertion of the notice, the department shall
2148	2148	sell the property. If a sale is not practical the department may destroy the property.
2149	2149	If a person claiming a lien on, or ownership of, the property notifies the department
2150	2150	within the time prescribed in this subsection, the department may apply to the
2151	2151	circuit court in the county where the property was seized for an order directing
2152	2152	disposition of the property or the proceeds from the sale of the property. If the court
2153	2153	orders the property to be sold, all liens, if any, may be transferred from the property
2154	2154	to the sale proceeds. Neither the property seized nor the proceeds from the sale shall
2155	2155	be turned over to any claimant of lien or ownership unless the claimant first
2156	2156	establishes that the property was not used in connection with any violation under
2157	2157	this subchapter or that, if so used, it was done without the claimant's knowledge or
2158	2158	consent and without the claimant's knowledge of facts that should have given the
2159	2159	claimant reason to believe it would be put to such use. If no claim of lien or ownership
2160	2160	is established as provided under this subsection the property may be ordered
2161	2161	destroyed.
2162	2162	139.978 Interest and penalties. (1) Any person who makes or signs any
2163	2163	false or fraudulent report under this subchapter or who attempts to evade the tax
2164	2164	imposed by s. 139.971, or who aids in or abets the evasion or attempted evasion of
2165	2165	that tax, may be fined not more than $10,000 or imprisoned for not more than 9
2166	2166	months or both.
2167	2167	1
2168	2168	2
2169	2169	3
2170	2170	4
2171	2171	5
2172	2172	6
2173	2173	7
2174	2174	8
2175	2175	9
2176	2176	10
2177	2177	11
2178	2178	12
2179	2179	13
2180	2180	14
2181	2181	15
2182	2182	16
2183	2183	17
2184	2184	18
2185	2185	19
2186	2186	20
2187	2187	21
2188	2188	22
2189	2189	23
2190	2190	24 - 44 -2023 - 2024 Legislature LRB-4470/1
2191	2191	CMH/JK/MCP/JPC:cjs
2192	2192	SECTION 35 SENATE BILL 486
2193	2193	(2) Any permittee who fails to keep the records required by s. 139.974 (1) and
2194	2194	(2) shall be fined not less than $100 nor more than $500 or imprisoned not more than
2195	2195	6 months or both.
2196	2196	(3) Any person who refuses to permit the examination or inspection authorized
2197	2197	under s. 139.975 (3) may be fined not more than $500 or imprisoned not more than
2198	2198	6 months or both. The department shall immediately suspend or revoke the permit
2199	2199	of any person who refuses to permit the examination or inspection authorized under
2200	2200	s. 139.975 (3).
2201	2201	(4) Any person who violates any of the provisions of this subchapter for which
2202	2202	no other penalty is prescribed shall be fined not less than $100 nor more than $1,000
2203	2203	or imprisoned not less than 10 days nor more than 90 days or both.
2204	2204	(5) Any person who violates any of the rules promulgated in accordance with
2205	2205	this subchapter shall be fined not less than $100 nor more than $500 or imprisoned
2206	2206	not more than 6 months or both.
2207	2207	(6) In addition to the penalties imposed for violating the provisions of this
2208	2208	subchapter or any of the department's rules, the department shall revoke the permit
2209	2209	of any person convicted of such a violation and not issue another permit to that
2210	2210	person for a period of 2 years following the revocation.
2211	2211	(7) Unpaid taxes bear interest at the rate of 12 percent per year from the due
2212	2212	date of the return until paid or deposited with the department, and all refunded taxes
2213	2213	bear interest at the rate of 3 percent per year from the due date of the return to the
2214	2214	date on which the refund is certified on the refund rolls.
2215	2215	(8) All nondelinquent payments of additional amounts owed shall be applied
2216	2216	in the following order: penalties, interest, tax principal.
2217	2217	1
2218	2218	2
2219	2219	3
2220	2220	4
2221	2221	5
2222	2222	6
2223	2223	7
2224	2224	8
2225	2225	9
2226	2226	10
2227	2227	11
2228	2228	12
2229	2229	13
2230	2230	14
2231	2231	15
2232	2232	16
2233	2233	17
2234	2234	18
2235	2235	19
2236	2236	20
2237	2237	21
2238	2238	22
2239	2239	23
2240	2240	24 - 45 -2023 - 2024 Legislature
2241	2241	LRB-4470/1
2242	2242	CMH/JK/MCP/JPC:cjs
2243	2243	SECTION 35
2244	2244	SENATE BILL 486
2245	2245	(9) Delinquent marijuana taxes bear interest at the rate of 1.5 percent per
2246	2246	month until paid. The taxes imposed by this subchapter shall become delinquent if
2247	2247	not paid:
2248	2248	(a) In the case of a timely filed return, no return filed or a late return, on or
2249	2249	before the due date of the return.
2250	2250	(b) In the case of a deficiency determination of taxes, within 2 months after the
2251	2251	date of demand.
2252	2252	(10) If due to neglect an incorrect return is filed, the entire tax finally
2253	2253	determined is subject to a penalty of 25 percent of the tax exclusive of interest or
2254	2254	other penalty. A person filing an incorrect return has the burden of proving that the
2255	2255	error or errors were due to good cause and not due to neglect.
2256	2256	139.979 Personal use. An individual who possesses no more than 6
2257	2257	marijuana plants that have reached the flowering stage at any one time is not subject
2258	2258	to the tax imposed under s. 139.971. An individual who possesses more than 6
2259	2259	marijuana plants that have reached the flowering stage at any one time shall apply
2260	2260	for the appropriate permit under s. 139.972 and pay the appropriate tax imposed
2261	2261	under s. 139.971.
2262	2262	139.980 Agreement with tribes. The department may enter into an
2263	2263	agreement with a federally recognized American Indian tribe in this state for the
2264	2264	administration and enforcement of this subchapter and to provide refunds of the tax
2265	2265	imposed under s. 139.971 on marijuana sold on tribal land by or to enrolled members
2266	2266	of the tribe residing on the tribal land.
2267	2267	SECTION 36. 157.06 (11) (hm) of the statutes is created to read:
2268	2268	157.06 (11) (hm) Unless otherwise required by federal law, a hospital,
2269	2269	physician, procurement organization, or other person may not determine the
2270	2270	1
2271	2271	2
2272	2272	3
2273	2273	4
2274	2274	5
2275	2275	6
2276	2276	7
2277	2277	8
2278	2278	9
2279	2279	10
2280	2280	11
2281	2281	12
2282	2282	13
2283	2283	14
2284	2284	15
2285	2285	16
2286	2286	17
2287	2287	18
2288	2288	19
2289	2289	20
2290	2290	21
2291	2291	22
2292	2292	23
2293	2293	24
2294	2294	25 - 46 -2023 - 2024 Legislature LRB-4470/1
2295	2295	CMH/JK/MCP/JPC:cjs
2296	2296	SECTION 36 SENATE BILL 486
2297	2297	ultimate recipient of an anatomical gift based solely upon a positive test for the use
2298	2298	of marijuana by a potential recipient.
2299	2299	SECTION 37. 157.06 (11) (i) of the statutes is amended to read:
2300	2300	157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in
2301	2301	this section affects the allocation of organs for transplantation or therapy.
2302	2302	SECTION 38. 175.35 (2g) (b) 3. of the statutes is created to read:
2303	2303	175.35 (2g) (b) 3. Any form that inquires about the applicant's use of controlled
2304	2304	substances shall specifically authorize a qualifying patient, as defined in s. 73.17 (1)
2305	2305	(d), to refrain from reporting the use of marijuana under s. 73.17 and shall
2306	2306	specifically authorize a person 21 years of age or older to refrain from reporting the
2307	2307	use of marijuana.
2308	2308	SECTION 39. 175.35 (2g) (c) 4. a. of the statutes is amended to read:
2309	2309	175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from
2310	2310	possessing a firearm under s. 941.29, the department shall provide the firearms
2311	2311	dealer with a unique nonapproval number. The department may not disclose to the
2312	2312	firearms dealer the reason the transferee is prohibited from possessing a firearm
2313	2313	under s. 941.29. No person may be denied the right to be transferred a firearm under
2314	2314	this section solely on the basis that the person is a qualifying patient, as defined in
2315	2315	s. 73.17 (1) (d), or, if the person is at least 21 years old, solely on the basis that the
2316	2316	person uses marijuana.
2317	2317	SECTION 40. 238.139 of the statutes is created to read:
2318	2318	238.139 Financial assistance for underserved communities. The
2319	2319	corporation shall expend $5,000,000 annually to provide grants, loans, and other
2320	2320	assistance to underserved communities in this state, including members of minority
2321	2321	groups, woman-owned businesses, and individuals and businesses in rural areas.
2322	2322	1
2323	2323	2
2324	2324	3
2325	2325	4
2326	2326	5
2327	2327	6
2328	2328	7
2329	2329	8
2330	2330	9
2331	2331	10
2332	2332	11
2333	2333	12
2334	2334	13
2335	2335	14
2336	2336	15
2337	2337	16
2338	2338	17
2339	2339	18
2340	2340	19
2341	2341	20
2342	2342	21
2343	2343	22
2344	2344	23
2345	2345	24
2346	2346	25 - 47 -2023 - 2024 Legislature
2347	2347	LRB-4470/1
2348	2348	CMH/JK/MCP/JPC:cjs
2349	2349	SECTION 41
2350	2350	SENATE BILL 486
2351	2351	SECTION 41. 250.22 of the statutes is created to read:
2352	2352	250.22 Health equity grants. (1) From the appropriation under s. 20.435
2353	2353	(1) (s), the department shall award grants to community organizations to implement
2354	2354	community health worker care models.
2355	2355	(2) From the appropriation under s. 20.435 (1) (s), the department shall award
2356	2356	grants to community organizations and local or tribal health departments to hire
2357	2357	health equity strategists and to implement health equity action plans.
2358	2358	SECTION 42. 289.33 (3) (d) of the statutes is amended to read:
2359	2359	289.33 (3) (d) “Local approval" includes any requirement for a permit, license,
2360	2360	authorization, approval, variance or exception or any restriction, condition of
2361	2361	approval or other restriction, regulation, requirement or prohibition imposed by a
2362	2362	charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
2363	2363	a town, city, village, county or special purpose district, including without limitation
2364	2364	because of enumeration any ordinance, resolution or regulation adopted under s.
2365	2365	91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
2366	2366	(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
2367	2367	(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
2368	2368	(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
2369	2369	(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
2370	2370	(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
2371	2371	59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
2372	2372	(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
2373	2373	and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
2374	2374	61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
2375	2375	1
2376	2376	2
2377	2377	3
2378	2378	4
2379	2379	5
2380	2380	6
2381	2381	7
2382	2382	8
2383	2383	9
2384	2384	10
2385	2385	11
2386	2386	12
2387	2387	13
2388	2388	14
2389	2389	15
2390	2390	16
2391	2391	17
2392	2392	18
2393	2393	19
2394	2394	20
2395	2395	21
2396	2396	22
2397	2397	23
2398	2398	24 - 48 -2023 - 2024 Legislature LRB-4470/1
2399	2399	CMH/JK/MCP/JPC:cjs
2400	2400	SECTION 42 SENATE BILL 486
2401	2401	87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
2402	2402	of ch. 91.
2403	2403	SECTION 43. 349.02 (2) (b) 4. of the statutes is amended to read:
2404	2404	349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
2405	2405	66.0107 (1) (bm).
2406	2406	SECTION 44. 961.01 (14) of the statutes is renumbered 961.70 (2) and amended
2407	2407	to read:
2408	2408	961.70 (2) “Marijuana" means all parts of the plants of the genus Cannabis,
2409	2409	whether growing or not; the seeds thereof; the resin extracted from any part of the
2410	2410	plant; and every compound, manufacture, salt, derivative, mixture, or preparation
2411	2411	of the plant, its seeds or resin, including if the tetrahydrocannabinols concentration
2412	2412	of the plant part, seeds, resin, compound, manufacture, salt, derivative, mixture, or
2413	2413	preparation is greater than 0.3 percent on a dry weight basis. “Marijuana" does
2414	2414	include the mature stalks if mixed with other parts of the plant, but does not include
2415	2415	fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
2416	2416	compound, manufacture, salt, derivative, mixture, or preparation of the mature
2417	2417	stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed
2418	2418	of the plant which is incapable of germination. “Marijuana” does not include hemp,
2419	2419	as defined in s. 94.55 (1).
2420	2420	SECTION 45. 961.11 (4g) of the statutes is repealed.
2421	2421	SECTION 46. 961.14 (4) (t) of the statutes is repealed.
2422	2422	SECTION 47. 961.32 (2m) of the statutes is repealed.
2423	2423	SECTION 48. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as
2424	2424	renumbered, is amended to read:
2425	2425	961.75 (title) Controlled substances Marijuana therapeutic research.
2426	2426	1
2427	2427	2
2428	2428	3
2429	2429	4
2430	2430	5
2431	2431	6
2432	2432	7
2433	2433	8
2434	2434	9
2435	2435	10
2436	2436	11
2437	2437	12
2438	2438	13
2439	2439	14
2440	2440	15
2441	2441	16
2442	2442	17
2443	2443	18
2444	2444	19
2445	2445	20
2446	2446	21
2447	2447	22
2448	2448	23
2449	2449	24
2450	2450	25 - 49 -2023 - 2024 Legislature
2451	2451	LRB-4470/1
2452	2452	CMH/JK/MCP/JPC:cjs
2453	2453	SECTION 49
2454	2454	SENATE BILL 486
2455	2455	SECTION 49. 961.38 (1n) of the statutes is repealed.
2456	2456	SECTION 50. 961.41 (1) (h) of the statutes is repealed.
2457	2457	SECTION 51. 961.41 (1m) (h) of the statutes is repealed.
2458	2458	SECTION 52. 961.41 (1q) of the statutes is repealed.
2459	2459	SECTION 53. 961.41 (1r) of the statutes is amended to read:
2460	2460	961.41 (1r) DETERMINING WEIGHT OF SUBSTANCE. In determining amounts under
2461	2461	s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight
2462	2462	of cocaine, cocaine base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic
2463	2463	acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
2464	2464	tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any
2465	2465	controlled substance analog of any of these substances together with any compound,
2466	2466	mixture, diluent, plant material or other substance mixed or combined with the
2467	2467	controlled substance or controlled substance analog. In addition, in determining
2468	2468	amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols
2469	2469	means anything included under s. 961.14 (4) (t) and includes the weight of any
2470	2470	marijuana.
2471	2471	SECTION 54. 961.41 (1x) of the statutes is amended to read:
2472	2472	961.41 (1x) CONSPIRACY. Any person who conspires, as specified in s. 939.31,
2473	2473	to commit a crime under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g) is subject to the
2474	2474	applicable penalties under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g).
2475	2475	SECTION 55. 961.41 (3g) (c) of the statutes is amended to read:
2476	2476	961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to
2477	2477	possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
2478	2478	base, the person shall be fined not more than $5,000 and may be imprisoned for not
2479	2479	more than one year in the county jail upon a first conviction and is guilty of a Class
2480	2480	1
2481	2481	2
2482	2482	3
2483	2483	4
2484	2484	5
2485	2485	6
2486	2486	7
2487	2487	8
2488	2488	9
2489	2489	10
2490	2490	11
2491	2491	12
2492	2492	13
2493	2493	14
2494	2494	15
2495	2495	16
2496	2496	17
2497	2497	18
2498	2498	19
2499	2499	20
2500	2500	21
2501	2501	22
2502	2502	23
2503	2503	24
2504	2504	25 - 50 -2023 - 2024 Legislature LRB-4470/1
2505	2505	CMH/JK/MCP/JPC:cjs
2506	2506	SECTION 55 SENATE BILL 486
2507	2507	I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
2508	2508	is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
2509	2509	offense, the offender has at any time been convicted of any felony or misdemeanor
2510	2510	under this chapter or under any statute of the United States or of any state relating
2511	2511	to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
2512	2512	or depressant, stimulant, or hallucinogenic drugs.
2513	2513	SECTION 56. 961.41 (3g) (d) of the statutes is amended to read:
2514	2514	961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
2515	2515	possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
2516	2516	amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
2517	2517	N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
2518	2518	(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
2519	2519	lysergic acid diethylamide, phencyclidine, amphetamine,
2520	2520	3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
2521	2521	N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
2522	2522	(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
2523	2523	$5,000 or imprisoned for not more than one year in the county jail or both upon a first
2524	2524	conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
2525	2525	purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
2526	2526	prior to the offender's conviction of the offense, the offender has at any time been
2527	2527	convicted of any felony or misdemeanor under this chapter or under any statute of
2528	2528	the United States or of any state relating to controlled substances, controlled
2529	2529	substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
2530	2530	hallucinogenic drugs.
2531	2531	SECTION 57. 961.41 (3g) (e) of the statutes is repealed.
2532	2532	1
2533	2533	2
2534	2534	3
2535	2535	4
2536	2536	5
2537	2537	6
2538	2538	7
2539	2539	8
2540	2540	9
2541	2541	10
2542	2542	11
2543	2543	12
2544	2544	13
2545	2545	14
2546	2546	15
2547	2547	16
2548	2548	17
2549	2549	18
2550	2550	19
2551	2551	20
2552	2552	21
2553	2553	22
2554	2554	23
2555	2555	24
2556	2556	25 - 51 -2023 - 2024 Legislature
2557	2557	LRB-4470/1
2558	2558	CMH/JK/MCP/JPC:cjs
2559	2559	SECTION 58
2560	2560	SENATE BILL 486
2561	2561	SECTION 58. 961.41 (3g) (em) of the statutes is amended to read:
2562	2562	961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to
2563	2563	possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
2564	2564	analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
2565	2565	not more than $1,000 or imprisoned for not more than 6 months or both upon a first
2566	2566	conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
2567	2567	purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
2568	2568	prior to the offender's conviction of the offense, the offender has at any time been
2569	2569	convicted of any felony or misdemeanor under this chapter or under any statute of
2570	2570	the United States or of any state relating to controlled substances, controlled
2571	2571	substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or
2572	2572	hallucinogenic drugs.
2573	2573	SECTION 59. 961.47 (1) of the statutes is amended to read:
2574	2574	961.47 (1) Whenever any person who has not previously been convicted of any
2575	2575	offense under this chapter, or of any offense under any statute of the United States
2576	2576	or of any state or of any county ordinance relating to controlled substances or
2577	2577	controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant,
2578	2578	or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
2579	2579	possession of a controlled substance or controlled substance analog under s. 961.41
2580	2580	(3g) (b), the court, without entering a judgment of guilt and with the consent of the
2581	2581	accused, may defer further proceedings and place him or her on probation upon terms
2582	2582	and conditions. Upon violation of a term or condition, the court may enter an
2583	2583	adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
2584	2584	terms and conditions, the court shall discharge the person and dismiss the
2585	2585	proceedings against him or her. Discharge and dismissal under this section shall be
2586	2586	1
2587	2587	2
2588	2588	3
2589	2589	4
2590	2590	5
2591	2591	6
2592	2592	7
2593	2593	8
2594	2594	9
2595	2595	10
2596	2596	11
2597	2597	12
2598	2598	13
2599	2599	14
2600	2600	15
2601	2601	16
2602	2602	17
2603	2603	18
2604	2604	19
2605	2605	20
2606	2606	21
2607	2607	22
2608	2608	23
2609	2609	24
2610	2610	25 - 52 -2023 - 2024 Legislature LRB-4470/1
2611	2611	CMH/JK/MCP/JPC:cjs
2612	2612	SECTION 59 SENATE BILL 486
2613	2613	without adjudication of guilt and is not a conviction for purposes of disqualifications
2614	2614	or disabilities imposed by law upon conviction of a crime, including the additional
2615	2615	penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
2616	2616	only one discharge and dismissal under this section with respect to any person.
2617	2617	SECTION 60. 961.48 (3) of the statutes is amended to read:
2618	2618	961.48 (3) For purposes of this section, a felony offense under this chapter is
2619	2619	considered a 2nd or subsequent offense if, prior to the offender's conviction of the
2620	2620	offense, the offender has at any time been convicted of any felony or misdemeanor
2621	2621	offense under this chapter or under any statute of the United States or of any state
2622	2622	relating to controlled substances or controlled substance analogs, narcotic drugs,
2623	2623	marijuana or depressant, stimulant, or hallucinogenic drugs.
2624	2624	SECTION 61. 961.48 (5) of the statutes is amended to read:
2625	2625	961.48 (5) This section does not apply if the person is presently charged with
2626	2626	a felony under s. 961.41 (3g) (c), (d), (e), or (g).
2627	2627	SECTION 62. 961.49 (1m) (intro.) of the statutes is amended to read:
2628	2628	961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f),
2629	2629	or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e),
2630	2630	(f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine
2631	2631	base, fentanyl, a fentanyl analog, heroin, phencyclidine, lysergic acid diethylamide,
2632	2632	psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any
2633	2633	form of tetrahydrocannabinols or a controlled substance analog of any of these
2634	2634	substances and the delivery, distribution or possession takes place under any of the
2635	2635	following circumstances, the maximum term of imprisonment prescribed by law for
2636	2636	that crime may be increased by 5 years:
2637	2637	SECTION 63. 961.571 (1) (a) 7. of the statutes is repealed.
2638	2638	1
2639	2639	2
2640	2640	3
2641	2641	4
2642	2642	5
2643	2643	6
2644	2644	7
2645	2645	8
2646	2646	9
2647	2647	10
2648	2648	11
2649	2649	12
2650	2650	13
2651	2651	14
2652	2652	15
2653	2653	16
2654	2654	17
2655	2655	18
2656	2656	19
2657	2657	20
2658	2658	21
2659	2659	22
2660	2660	23
2661	2661	24
2662	2662	25 - 53 -2023 - 2024 Legislature
2663	2663	LRB-4470/1
2664	2664	CMH/JK/MCP/JPC:cjs
2665	2665	SECTION 64
2666	2666	SENATE BILL 486
2667	2667	SECTION 64. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:
2668	2668	961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended
2669	2669	for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish
2670	2670	or hashish oil into the human body, such as:
2671	2671	SECTION 65. 961.571 (1) (a) 11. e. of the statutes is repealed.
2672	2672	SECTION 66. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.
2673	2673	SECTION 67. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes
2674	2674	is created to read:
2675	2675	CHAPTER 961
2676	2676	SUBCHAPTER VIII
2677	2677	REGULATION OF MARIJUANA
2678	2678	961.70 Definitions. In this subchapter:
2679	2679	(1k) “Extreme measure to avoid detection” means any of the following:
2680	2680	(a) A system that aims to alert a person if law enforcement approaches an area
2681	2681	that contains marijuana plants if the system exceeds a security system that would
2682	2682	be used by a reasonable person in the person's region.
2683	2683	(b) A method of intimidating individuals who approach an area that contains
2684	2684	marijuana plants if the method exceeds a method that would be used by a reasonable
2685	2685	person in the person's region.
2686	2686	(c) A system that is designed so that an individual approaching the area that
2687	2687	contains marijuana plants may be injured or killed by the system.
2688	2688	(1m) “Legal age" means 21 years of age.
2689	2689	(2) “Negligible amount” means an amount that does not exceed one-quarter
2690	2690	ounce of usable marijuana.
2691	2691	1
2692	2692	2
2693	2693	3
2694	2694	4
2695	2695	5
2696	2696	6
2697	2697	7
2698	2698	8
2699	2699	9
2700	2700	10
2701	2701	11
2702	2702	12
2703	2703	13
2704	2704	14
2705	2705	15
2706	2706	16
2707	2707	17
2708	2708	18
2709	2709	19
2710	2710	20
2711	2711	21
2712	2712	22
2713	2713	23
2714	2714	24 - 54 -2023 - 2024 Legislature LRB-4470/1
2715	2715	CMH/JK/MCP/JPC:cjs
2716	2716	SECTION 67 SENATE BILL 486
2717	2717	(3) “Permissible amount" means an amount that does not exceed 5 ounces of
2718	2718	usable marijuana.
2719	2719	(4) “Permittee" has the meaning given under s. 139.97 (10).
2720	2720	(4g) “Qualifying patient” has the meaning given in s. 73.17 (1) (d).
2721	2721	(5) “Retail outlet" has the meaning given in s. 139.97 (11).
2722	2722	(6) “Tetrahydrocannabinols concentration" means the percent of
2723	2723	tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or
2724	2724	per volume or weight of marijuana product, or the combined percent of
2725	2725	tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant
2726	2726	Cannabis regardless of moisture content.
2727	2727	(7) “Underage person" means a person who has not attained the legal age.
2728	2728	(8) “Usable marijuana" has the meaning given in s. 139.97 (13).
2729	2729	961.71 Underage persons prohibitions involving permittees;
2730	2730	penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any
2731	2731	underage person unless that underage person is a qualifying patient.
2732	2732	2. No permittee may directly or indirectly permit an underage person to violate
2733	2733	sub. (2m).
2734	2734	(b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not
2735	2735	more than $500 and to a suspension of the permittee's permit for an amount of time
2736	2736	not to exceed 90 days.
2737	2737	(c) In determining whether a permittee has violated par. (a) 2., all relevant
2738	2738	circumstances surrounding the presence of the underage person may be considered.
2739	2739	In determining whether a permittee has violated par. (a) 1., all relevant
2740	2740	circumstances surrounding the selling, distributing, or delivering of marijuana may
2741	2741	1
2742	2742	2
2743	2743	3
2744	2744	4
2745	2745	5
2746	2746	6
2747	2747	7
2748	2748	8
2749	2749	9
2750	2750	10
2751	2751	11
2752	2752	12
2753	2753	13
2754	2754	14
2755	2755	15
2756	2756	16
2757	2757	17
2758	2758	18
2759	2759	19
2760	2760	20
2761	2761	21
2762	2762	22
2763	2763	23
2764	2764	24 - 55 -2023 - 2024 Legislature
2765	2765	LRB-4470/1
2766	2766	CMH/JK/MCP/JPC:cjs
2767	2767	SECTION 67
2768	2768	SENATE BILL 486
2769	2769	be considered. In addition, proof of all of the following facts by the permittee is a
2770	2770	defense to any prosecution for a violation under par. (a):
2771	2771	1. That the underage person falsely represented that he or she had attained the
2772	2772	legal age or that he or she was a qualifying patient.
2773	2773	2. If the underage person was falsely representing that he or she had attained
2774	2774	the legal age, that the appearance of the underage person was such that an ordinary
2775	2775	and prudent person would believe that the underage person had attained the legal
2776	2776	age.
2777	2777	3. That the permittee acted in good faith and, if the underage person falsely
2778	2778	represented his or her age, in reliance on the representation and appearance of the
2779	2779	underage person in the belief that the underage person had attained the legal age.
2780	2780	4. That the underage person supported the representation under subd. 1. with
2781	2781	documentation that he or she had attained the legal age or documentation that he
2782	2782	or she was a qualifying patient.
2783	2783	(2) Any underage person who does any of the following is subject to a forfeiture
2784	2784	of not more than $250:
2785	2785	(a) Procures or attempts to procure marijuana from a permittee. This
2786	2786	paragraph does not apply to a qualifying patient who has attained the age of 18 years
2787	2787	or to a qualifying patient who has not attained the age of 18 years who is accompanied
2788	2788	by his or her parent or guardian.
2789	2789	(b) Falsely represents his or her age for the purpose of procuring marijuana
2790	2790	from a permittee.
2791	2791	(c) Falsely represents that he or she is a qualifying patient for the purpose of
2792	2792	procuring marijuana from a permittee.
2793	2793	(d) Violates sub. (2m).
2794	2794	1
2795	2795	2
2796	2796	3
2797	2797	4
2798	2798	5
2799	2799	6
2800	2800	7
2801	2801	8
2802	2802	9
2803	2803	10
2804	2804	11
2805	2805	12
2806	2806	13
2807	2807	14
2808	2808	15
2809	2809	16
2810	2810	17
2811	2811	18
2812	2812	19
2813	2813	20
2814	2814	21
2815	2815	22
2816	2816	23
2817	2817	24
2818	2818	25 - 56 -2023 - 2024 Legislature LRB-4470/1
2819	2819	CMH/JK/MCP/JPC:cjs
2820	2820	SECTION 67 SENATE BILL 486
2821	2821	(2m) An underage person not accompanied by his or her parent, guardian, or
2822	2822	spouse who has attained the legal age may not enter, knowingly attempt to enter, or
2823	2823	be on the premises of a retail outlet. This subsection does not apply to a qualifying
2824	2824	patient who has attained the age of 18 years.
2825	2825	(3) An individual who has attained the legal age and who knowingly does any
2826	2826	of the following may be subject to a forfeiture that does not exceed $1,000:
2827	2827	(a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises
2828	2828	owned by the individual or under the individual's control.
2829	2829	(b) Encourages or contributes to a violation of sub. (2) (a).
2830	2830	961.72 Restrictions; penalties. (1) PROHIBITION ON SALES. (a) General
2831	2831	prohibition. No person may sell marijuana or possess marijuana with the intent to
2832	2832	sell the marijuana.
2833	2833	(b) Penalty for sales by adult. An individual who has attained the legal age who
2834	2834	violates par. (a) is guilty of the following:
2835	2835	1. Except as provided in subd. 2., one of the following:
2836	2836	a. If the violation involves not more than one ounce of usable marijuana, a
2837	2837	misdemeanor punishable by a fine of not more than $500.
2838	2838	b. If the violation involves more than one ounce of usable marijuana but not
2839	2839	more than 10 ounces of usable marijuana, a misdemeanor punishable by a fine of not
2840	2840	more than $1,000.
2841	2841	c. If the violation involves more than 10 ounces of usable marijuana but not
2842	2842	more than 15 ounces of usable marijuana, a misdemeanor punishable by a fine of not
2843	2843	more than $5,000.
2844	2844	d. If the violation involves more than 15 ounces of usable marijuana, a Class
2845	2845	I felony.
2846	2846	1
2847	2847	2
2848	2848	3
2849	2849	4
2850	2850	5
2851	2851	6
2852	2852	7
2853	2853	8
2854	2854	9
2855	2855	10
2856	2856	11
2857	2857	12
2858	2858	13
2859	2859	14
2860	2860	15
2861	2861	16
2862	2862	17
2863	2863	18
2864	2864	19
2865	2865	20
2866	2866	21
2867	2867	22
2868	2868	23
2869	2869	24
2870	2870	25 - 57 -2023 - 2024 Legislature
2871	2871	LRB-4470/1
2872	2872	CMH/JK/MCP/JPC:cjs
2873	2873	SECTION 67
2874	2874	SENATE BILL 486
2875	2875	2. If the individual to whom the marijuana is, or is intended to be, sold, is an
2876	2876	underage person and the seller is at least 3 years older than the underage person,
2877	2877	one of the following:
2878	2878	a. If the violation involves not more than the permissible amount, a
2879	2879	misdemeanor punishable by a fine of not more than $1,000 or imprisonment for up
2880	2880	to 90 days or both.
2881	2881	b. If the violation involves more than the permissible amount, a Class H felony.
2882	2882	(c) Penalty for sales by underage person. An underage person who violates par.
2883	2883	(a) is one of the following:
2884	2884	1. If the violation involves not more than the permissible amount, subject to a
2885	2885	forfeiture of not more than $100.
2886	2886	2. If the violation involves more than the permissible amount but not more than
2887	2887	20 ounces, guilty of a misdemeanor punishable by a fine of not more than $500.
2888	2888	3. If the violation involves more than 20 ounces, guilty of a misdemeanor
2889	2889	punishable by a fine of not more than $1,000 or imprisonment for not more than 90
2890	2890	days or both.
2891	2891	(d) Exceptions. Paragraph (a) does not apply to any of the following:
2892	2892	1. A permittee.
2893	2893	2. A sale of a negligible amount that was obtained in compliance with this
2894	2894	subchapter to an individual who has attained the legal age if the seller receives
2895	2895	compensation for the sale that is less than or equal to the amount that the seller paid
2896	2896	for the negligible amount.
2897	2897	(1m) PROHIBITION ON DISTRIBUTION. (a) General prohibition. No person may
2898	2898	distribute or deliver, or possess with the intent to distribute or deliver, marijuana.
2899	2899	1
2900	2900	2
2901	2901	3
2902	2902	4
2903	2903	5
2904	2904	6
2905	2905	7
2906	2906	8
2907	2907	9
2908	2908	10
2909	2909	11
2910	2910	12
2911	2911	13
2912	2912	14
2913	2913	15
2914	2914	16
2915	2915	17
2916	2916	18
2917	2917	19
2918	2918	20
2919	2919	21
2920	2920	22
2921	2921	23
2922	2922	24 - 58 -2023 - 2024 Legislature LRB-4470/1
2923	2923	CMH/JK/MCP/JPC:cjs
2924	2924	SECTION 67 SENATE BILL 486
2925	2925	(b) Penalty for distribution by adult. An individual who has attained the legal
2926	2926	age who violates par. (a) is one of the following:
2927	2927	1. Except as provided in subd. 2., one of the following:
2928	2928	a. If the violation involves not more than the permissible amount, subject to a
2929	2929	forfeiture of not more than $250.
2930	2930	b. If the violation involves more than the permissible amount, guilty of a
2931	2931	misdemeanor punishable by a fine of not more than $500.
2932	2932	2. If the individual to whom the marijuana is, or is intended to be, distributed
2933	2933	or delivered is an underage person and the distributor or deliverer is at least 3 years
2934	2934	older than the underage person, guilty of the following:
2935	2935	a. If the violation involves not more than the permissible amount, a
2936	2936	misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not
2937	2937	more than 90 days or both.
2938	2938	b. If the violation involves more than the permissible amount, a Class H felony.
2939	2939	(c) Penalty for distribution by underage person. An underage person who
2940	2940	violates par. (a) is one of the following:
2941	2941	1. If the violation involves not more than the permissible amount, subject to a
2942	2942	forfeiture of not more than $100.
2943	2943	2. If the violation involves more than the permissible amount but not more than
2944	2944	20 ounces, guilty of a misdemeanor punishable by a fine of not more than $500.
2945	2945	3. If the violation involves more than 20 ounces, guilty of a misdemeanor
2946	2946	punishable by a fine of $1,000 or imprisonment for not more than 90 days or both.
2947	2947	(d) Exceptions. Paragraph (a) does not apply to any of the following:
2948	2948	1. A permittee.
2949	2949	1
2950	2950	2
2951	2951	3
2952	2952	4
2953	2953	5
2954	2954	6
2955	2955	7
2956	2956	8
2957	2957	9
2958	2958	10
2959	2959	11
2960	2960	12
2961	2961	13
2962	2962	14
2963	2963	15
2964	2964	16
2965	2965	17
2966	2966	18
2967	2967	19
2968	2968	20
2969	2969	21
2970	2970	22
2971	2971	23
2972	2972	24 - 59 -2023 - 2024 Legislature
2973	2973	LRB-4470/1
2974	2974	CMH/JK/MCP/JPC:cjs
2975	2975	SECTION 67
2976	2976	SENATE BILL 486
2977	2977	2. A distribution or delivery of a negligible amount that was obtained in
2978	2978	compliance with this subchapter to an individual who has attained the legal age.
2979	2979	3. A distribution or delivery of a permissible amount that was obtained in
2980	2980	compliance with this subchapter to an individual who cohabitates with the
2981	2981	distributor or deliverer.
2982	2982	(2) POSSESSION. (a) A person who has attained the legal age who is not a
2983	2983	permittee and who possesses an amount of marijuana that exceeds the permissible
2984	2984	amount is one of the following:
2985	2985	1. If the overage is not more than one ounce, subject to a forfeiture of not more
2986	2986	than $100.
2987	2987	2. If the overage is more than one ounce but not more than 16 ounces, guilty
2988	2988	of a misdemeanor punishable by a fine of not more than $500.
2989	2989	3. If the overage is more than 16 ounces, one of the following:
2990	2990	a. Except as provided in subd. 3. b., guilty of a misdemeanor punishable by a
2991	2991	fine of not more than $1,000 or imprisonment for not more than 90 days or both.
2992	2992	b. Guilty of a Class I felony if the person has taken action to hide how much
2993	2993	marijuana the person possesses and has in place an extreme measure to avoid
2994	2994	detection.
2995	2995	(b) Except if the underage person is a qualifying patient, an underage person
2996	2996	who possesses marijuana is subject to the following forfeitures:
2997	2997	1. If the amount possessed is a negligible amount, not more than $50.
2998	2998	2. If the amount possessed is more than a negligible amount but not more than
2999	2999	a permissible amount, not more than $100.
3000	3000	3. If the amount possessed is more than a permissible amount, not more than
3001	3001	$200.
3002	3002	1
3003	3003	2
3004	3004	3
3005	3005	4
3006	3006	5
3007	3007	6
3008	3008	7
3009	3009	8
3010	3010	9
3011	3011	10
3012	3012	11
3013	3013	12
3014	3014	13
3015	3015	14
3016	3016	15
3017	3017	16
3018	3018	17
3019	3019	18
3020	3020	19
3021	3021	20
3022	3022	21
3023	3023	22
3024	3024	23
3025	3025	24
3026	3026	25 - 60 -2023 - 2024 Legislature LRB-4470/1
3027	3027	CMH/JK/MCP/JPC:cjs
3028	3028	SECTION 67 SENATE BILL 486
3029	3029	(c) A person who is not a permittee that possesses more than 6 marijuana plants
3030	3030	that have reached the flowering stage at one time must apply for a permit under s.
3031	3031	139.972 and is one of the following:
3032	3032	1. Except as provided in subds. 2. and 3., subject to a forfeiture that is not more
3033	3033	than twice the permitting fee under s. 139.972.
3034	3034	2. Except as provided in subd. 3., guilty of a misdemeanor punishable by a fine
3035	3035	not to exceed $1,000 or imprisonment not to exceed 90 days or both, if the number
3036	3036	of marijuana plants that have reached the flowering stage is more than 12.
3037	3037	3. Guilty of a Class I felony if the number of marijuana plants that have reached
3038	3038	the flowering stage is more than 12, if the individual has taken action to hide the
3039	3039	number of marijuana plants that have reached the flowering stage and if the person
3040	3040	has in place an extreme measure to avoid detection.
3041	3041	(d) Whoever uses or displays marijuana in a public space other than a
3042	3042	marijuana lounge, as defined in s. 139.97 (5m), that is operated by a permittee is
3043	3043	subject to a forfeiture in an amount that does not exceed the following:
3044	3044	1. If the use or display occurs in a county or a municipality with an ordinance
3045	3045	prohibiting using or displaying marijuana in a public space, the forfeiture amount
3046	3046	specified in the ordinance. If more than one ordinance applies, the lower amount
3047	3047	shall be used.
3048	3048	2. If the use or display occurs in a county or municipality without an ordinance
3049	3049	prohibiting using or displaying marijuana in a public space, $100.
3050	3050	(3) REMOTE SALES. Any person who sells or attempts to sell marijuana via mail,
3051	3051	telephone, or Internet is subject to a fine not to exceed $10,000 or imprisonment not
3052	3052	to exceed 9 months, or both.
3053	3053	SECTION 68. 967.055 (1m) (b) 5. of the statutes is repealed.
3054	3054	1
3055	3055	2
3056	3056	3
3057	3057	4
3058	3058	5
3059	3059	6
3060	3060	7
3061	3061	8
3062	3062	9
3063	3063	10
3064	3064	11
3065	3065	12
3066	3066	13
3067	3067	14
3068	3068	15
3069	3069	16
3070	3070	17
3071	3071	18
3072	3072	19
3073	3073	20
3074	3074	21
3075	3075	22
3076	3076	23
3077	3077	24
3078	3078	25 - 61 -2023 - 2024 Legislature
3079	3079	LRB-4470/1
3080	3080	CMH/JK/MCP/JPC:cjs
3081	3081	SECTION 69
3082	3082	SENATE BILL 486
3083	3083	SECTION 69. 971.365 (1) (a) of the statutes is amended to read:
3084	3084	971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
3085	3085	(cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations
3086	3086	may be prosecuted as a single crime if the violations were pursuant to a single intent
3087	3087	and design.
3088	3088	SECTION 70. 971.365 (1) (b) of the statutes is amended to read:
3089	3089	971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
3090	3090	(1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all
3091	3091	violations may be prosecuted as a single crime if the violations were pursuant to a
3092	3092	single intent and design.
3093	3093	SECTION 71. 971.365 (1) (c) of the statutes is amended to read:
3094	3094	971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
3095	3095	(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than
3096	3096	one violation, all violations may be prosecuted as a single crime if the violations were
3097	3097	pursuant to a single intent and design.
3098	3098	SECTION 72. 971.365 (2) of the statutes is amended to read:
3099	3099	971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
3100	3100	prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
3101	3101	(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
3102	3102	or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g),
3103	3103	or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial
3104	3104	on the original charge.
3105	3105	SECTION 9107.0Nonstatutory provisions; Circuit Courts.
3106	3106	(1) SPECIAL DISPOSITION FOR MARIJUANA-RELATED CRIMES.
3107	3107	1
3108	3108	2
3109	3109	3
3110	3110	4
3111	3111	5
3112	3112	6
3113	3113	7
3114	3114	8
3115	3115	9
3116	3116	10
3117	3117	11
3118	3118	12
3119	3119	13
3120	3120	14
3121	3121	15
3122	3122	16
3123	3123	17
3124	3124	18
3125	3125	19
3126	3126	20
3127	3127	21
3128	3128	22
3129	3129	23
3130	3130	24 - 62 -2023 - 2024 Legislature LRB-4470/1
3131	3131	CMH/JK/MCP/JPC:cjs
3132	3132	SECTION 9107 SENATE BILL 486
3133	3133	(a) Definitions. In this subsection, “marijuana-related crime” means a crime
3134	3134	under s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., s. 961.41 (3g) (e),
3135	3135	2021 stats., s. 961.573, 2021 stats., s. 961.574, 2021 stats., or s. 961.575, 2021 stats.
3136	3136	(b) Identification of records. As soon as practically possible after the effective
3137	3137	date of this paragraph, the director of state courts shall identify records created
3138	3138	before the effective date of this paragraph of the following:
3139	3139	1. Persons serving a sentence or on probation if the sentence or probation was
3140	3140	imposed for the commission of a marijuana-related crime and one of the following
3141	3141	applies:
3142	3142	a. The person would not have been guilty of a crime had the commission
3143	3143	occurred on or after the effective date of this subd. 1. a.
3144	3144	b. The person would have been guilty of a lesser crime had the commission
3145	3145	occurred on or after the effective date of this subd. 1. b.
3146	3146	2. Persons who have completed their sentence or period of probation if the
3147	3147	sentence or period of probation was imposed for the commission of a
3148	3148	marijuana-related crime and one of the following applies:
3149	3149	a. The person would not have been guilty of a crime had the commission
3150	3150	occurred on or after the effective date of this subd. 2. a.
3151	3151	b. The person would have been guilty of a lesser crime had the commission
3152	3152	occurred on or after the effective date of this subd. 2. b.
3153	3153	3. Persons who were charged with the commission of a marijuana-related
3154	3154	crime if one of the following applies:
3155	3155	a. The person would not have been charged with the crime had the commission
3156	3156	occurred on or after the effective date of this subd. 3. a.
3157	3157	1
3158	3158	2
3159	3159	3
3160	3160	4
3161	3161	5
3162	3162	6
3163	3163	7
3164	3164	8
3165	3165	9
3166	3166	10
3167	3167	11
3168	3168	12
3169	3169	13
3170	3170	14
3171	3171	15
3172	3172	16
3173	3173	17
3174	3174	18
3175	3175	19
3176	3176	20
3177	3177	21
3178	3178	22
3179	3179	23
3180	3180	24 - 63 -2023 - 2024 Legislature
3181	3181	LRB-4470/1
3182	3182	CMH/JK/MCP/JPC:cjs
3183	3183	SECTION 9107
3184	3184	SENATE BILL 486
3185	3185	b. The person would have been charged with a lesser crime had the commission
3186	3186	occurred on or after the effective date of this subd. 3. b.
3187	3187	c. The person was found not guilty of the charge.
3188	3188	4. Persons who were arrested for the commission of a marijuana-related crime
3189	3189	if one of the following applies:
3190	3190	a. The person would not have been arrested had the commission occurred on
3191	3191	or after the effective date of this subd. 4. a.
3192	3192	b. The person was not charged with the crime.
3193	3193	(c) Expungement or redesignations.
3194	3194	1. a. If the record involves a marijuana-related crime that is a misdemeanor
3195	3195	and the person is serving a sentence or on probation, the sentencing court shall be
3196	3196	notified. If par. (b) 1. a. applies, the sentencing court shall dismiss the conviction and
3197	3197	expunge the record. If par. (b) 1. b. applies, the sentencing court shall resentence the
3198	3198	person or adjust the probation and change the record to reflect the lesser crime.
3199	3199	b. If the record involves a marijuana-related crime that is a misdemeanor and
3200	3200	the person has completed the sentence or period of probation for the
3201	3201	marijuana-related crime, the sentencing court shall be notified. If par. (b) 2. a.
3202	3202	applies, the sentencing court shall expunge the record. If par. (b) 2. b. applies, the
3203	3203	sentencing court shall redesignate the crime to a lesser crime and change the record
3204	3204	to reflect the lesser crime.
3205	3205	2. a. If the record involves a marijuana-related crime that is a felony and the
3206	3206	person is serving a sentence or on probation, the sentencing court shall be notified.
3207	3207	The sentencing court shall schedule a hearing. If par. (b) 1. a. applies, the sentencing
3208	3208	court shall determine if it is in the public interest to dismiss the conviction and
3209	3209	expunge the record. If par. (b) 1. b. applies, the sentencing court shall determine if
3210	3210	1
3211	3211	2
3212	3212	3
3213	3213	4
3214	3214	5
3215	3215	6
3216	3216	7
3217	3217	8
3218	3218	9
3219	3219	10
3220	3220	11
3221	3221	12
3222	3222	13
3223	3223	14
3224	3224	15
3225	3225	16
3226	3226	17
3227	3227	18
3228	3228	19
3229	3229	20
3230	3230	21
3231	3231	22
3232	3232	23
3233	3233	24
3234	3234	25 - 64 -2023 - 2024 Legislature LRB-4470/1
3235	3235	CMH/JK/MCP/JPC:cjs
3236	3236	SECTION 9107 SENATE BILL 486
3237	3237	it is in the public interest to resentence the person or adjust the probation and change
3238	3238	the record to reflect the lesser crime. Such actions are presumed to be in the public
3239	3239	interest unless there is clear and convincing evidence that the actions would create
3240	3240	a risk to public safety. If the sentencing court determines it is in the public interest
3241	3241	to take such actions, the sentencing court shall do so.
3242	3242	b. If the record involves a marijuana-related crime that is a felony and the
3243	3243	person has completed the sentence or period of probation, the sentencing court shall
3244	3244	be notified. The sentencing court shall schedule a hearing. If par. (b) 2. a. applies,
3245	3245	the sentencing court shall determine if it is in the public interest to expunge the
3246	3246	record. If par. (b) 2. b. applies, the sentencing court shall determine if it is in the
3247	3247	public interest to redesignate the crime to a lesser crime and change the record to
3248	3248	reflect the lesser crime. Such actions are presumed to be in the public interest unless
3249	3249	there is clear and convincing evidence that the actions would create a risk to public
3250	3250	safety. If the sentencing court determines it is in the public interest to take such
3251	3251	actions, the sentencing court shall do so.
3252	3252	c. In making determinations under subd. 2. a. and b., the court shall consider
3253	3253	the nature and severity of the marijuana-related crime, including whether the
3254	3254	commission of the marijuana-related crime involved a weapon or infliction of or
3255	3255	intent to inflict bodily harm; the potential that the dismissal, expungement, or
3256	3256	redesignation would increase the risk to other individuals or the public; any
3257	3257	aggravating or mitigating circumstances, including the person's level or
3258	3258	participation and the context and circumstances of the marijuana-related crime;
3259	3259	statements from victims and law enforcement; and any other factors the court finds
3260	3260	relevant.
3261	3261	1
3262	3262	2
3263	3263	3
3264	3264	4
3265	3265	5
3266	3266	6
3267	3267	7
3268	3268	8
3269	3269	9
3270	3270	10
3271	3271	11
3272	3272	12
3273	3273	13
3274	3274	14
3275	3275	15
3276	3276	16
3277	3277	17
3278	3278	18
3279	3279	19
3280	3280	20
3281	3281	21
3282	3282	22
3283	3283	23
3284	3284	24 - 65 -2023 - 2024 Legislature
3285	3285	LRB-4470/1
3286	3286	CMH/JK/MCP/JPC:cjs
3287	3287	SECTION 9107
3288	3288	SENATE BILL 486
3289	3289	d. If the record involves a marijuana-related crime that is a felony, the felony
3290	3290	is expunged or redesignated to a misdemeanor or civil forfeiture under this
3291	3291	subdivision, and the person is not otherwise prohibited from possessing a firearm
3292	3292	under s. 941.29 or federal law, the sentencing court shall determine if there is good
3293	3293	cause to restore the person's right to possess a firearm. If the sentencing court finds
3294	3294	good cause, the sentencing court shall notify the department of justice, and the
3295	3295	conviction that is redesignated or expunged is not a conviction for purposes of s.
3296	3296	941.29 or 18 USC 921.
3297	3297	3. If the record involves an arrest for or charge of a marijuana-related crime
3298	3298	and par. (b) 3. or 4. applies, the director of state courts shall expunge such arrests or
3299	3299	charges.
3300	3300	SECTION 9128.0Nonstatutory provisions; Legislature.
3301	3301	(1) JOINT LEGISLATIVE COUNCIL STUDY. The joint legislative council shall study
3302	3302	the implementation of the marijuana tax and regulation provided under subch. IV
3303	3303	of ch. 139 and identify uses for the revenues generated by the tax. The joint
3304	3304	legislative council shall report its findings, conclusions, and recommendations to the
3305	3305	joint committee on finance no later than 2 years after the effective date of this
3306	3306	subsection.
3307	3307	(END)
3308	3308	1
3309	3309	2
3310	3310	3
3311	3311	4
3312	3312	5
3313	3313	6
3314	3314	7
3315	3315	8
3316	3316	9
3317	3317	10
3318	3318	11
3319	3319	12
3320	3320	13
3321	3321	14
3322	3322	15
3323	3323	16
3324	3324	17
3325	3325	18
3326	3326	19