2017 - 2018 LEGISLATURE
March 20, 2017 - Introduced by Representatives Anderson, Sargent, Sinicki,
Billings, Subeck, Hesselbein, Ohnstad, Berceau, Crowley, Pope, Doyle, C.
Taylor and Zepnick, cosponsored by Senators C. Larson, Wirch, Vinehout
and Hansen. Referred to Committee on State Affairs.
1An Act to repeal
961.34 (2) (b);
subchapter XIV of chapter 440 2
[precedes 440.99] and 961.32; to renumber and amend
961.34 (2) (a); to
450.03 (1) (e), 961.14 (4) (t), 961.38 (1n) and 961.52 (2) (a) 1. and 2.; and 4to create
440.08 (2) (a) 20r., subchapter XIV of chapter 440 [precedes 440.989], 5
450.07 (2m), 450.071 (1m) and 961.32 (2m) of the statutes; relating to:
6production and possession of cannabidiol for treatment of a medical condition
7and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill establishes a licensure program administered by the Department of
Safety and Professional Services for producers of cannabidiol. Under the bill, a
person may possess tetrahydrocannabinols to produce CBD oil, and may produce
CBD oil and deliver it, only if the person is licensed by DSPS and only if the CBD oil
is produced in a form without a psychoactive effect for the treatment of a medical
The bill also makes certain changes to the requirements for possessing CBD oil
and dispensing it to patients. Current law designates THC as a schedule I controlled
substance and defines THC to exclude CBD oil in a form without a psychoactive effect
that is dispensed by a pharmacy or physician approved by the Controlled Substances
Board to treat a seizure disorder or that is possessed by a person with documentation
from a physician that the CBD oil is to treat a seizure disorder. Under the bill, THC
does not include CBD oil in a form without a psychoactive effect without regard to
who dispenses it or possesses it. The bill also specifies that any person may possess
CBD oil to treat a medical condition and that any pharmacy or physician may
dispense CBD oil to treat a medical condition.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
440.08 (2) (a) 20r. of the statutes is created to read:
(a) 20r. Cannabidiol producer: June 1 of each odd-numbered year.
Subchapter XIV of chapter 440 [precedes 440.989] of the statutes 4
is created to read:
In this subchapter, “licensed producer" means a 9
cannabidiol producer licensed under s. 440.9892.
10440.9891 License required.
No person may engage in the production of 11
cannabidiol in this state unless the person is a licensed producer.
A person need not be a licensed producer to engage in an activity that is 13
within the scope of another valid state or federal license, permit, registration, or 14
15440.9892 Licensure; renewal. (1)
The department shall grant a license to 16
engage in the production of cannabidiol to a person who does all of the following:
(a) Submits an application for licensure on a form provided by the department.
(b) Pays the fee specified in s. 440.05 (1).
(c) Satisfies all other requirements established by the department by rule.
The renewal date for a license granted under sub. (1) is specified in s. 440.08 3
(2) (a). A renewal application shall be submitted to the department on a form 4
provided by the department and shall include the renewal fee determined by the 5
department under s. 440.03 (9) (a).
6440.9893 Production and delivery.
A licensed producer may produce 7
cannabidiol and may deliver cannabidiol to any other person if all of the following 8
conditions are satisfied:
The cannabidiol is in a form without a psychoactive effect.
The cannabidiol is for the treatment of a medical condition.
11440.9894 Disciplinary proceedings and actions. (1)
Subject to the rules 12
promulgated under s. 440.03 (1), the department may conduct investigations and 13
hold hearings to determine whether a violation of this subchapter or a rule 14
promulgated under this subchapter or a violation of another law that substantially 15
relates to the production of cannabidiol has occurred.
Subject to the rules promulgated under s. 440.03 (1), the department may 17
reprimand a licensed producer or deny, limit, suspend, or revoke a license granted 18
under s. 440.9892 if the department finds that an applicant for licensure or a licensed 19
producer has done any of the following:
(a) Intentionally made a material misstatement in an application for a license 21
or license renewal.
(b) Advertised in a manner that is false or misleading.
(c) Obtained or attempted to obtain compensation through fraud or deceit.
(d) Violated this subchapter or a rule promulgated under this subchapter or 2
violated another law that substantially relates to the production or delivery of 3
In addition to or in lieu of a reprimand or other action under sub. (2), the 5
department may assess against a licensed provider, for the violations enumerated 6
under sub. (2), a forfeiture of not more than $1,000 for each separate offense.
Any person who violates this subchapter or any rule 8
promulgated under this subchapter may be fined not more than $1,000 or imprisoned 9
for not more than 90 days or both.
Subchapter XIV of chapter 440 [precedes 440.99] of the statutes is 11
renumbered subchapter XV of chapter 440 [precedes 440.99].
450.03 (1) (e) of the statutes is amended to read:
(e) Any person lawfully practicing within the scope of a license, 14
permit, registration, certificate, or certification granted to provide home medical 15
oxygen under s. 450.076, to produce cannabidiol under subch. XIV of ch. 440,
practice professional or practical nursing or nurse-midwifery under ch. 441, to 17
practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery 18
under ch. 448, to practice optometry under ch. 449,
or to practice veterinary medicine 19
under ch. 89, or as otherwise provided by statute.
450.07 (2m) of the statutes is created to read:
No license under this section is required for a cannabidiol producer 22
licensed under s. 440.9892 acting within the scope of that license.
450.071 (1m) of the statutes is created to read:
The board shall exempt a cannabidiol producer licensed under 25
s. 440.9892 from the licensing and other requirements under this section.
961.14 (4) (t) of the statutes is amended to read:
(t) Tetrahydrocannabinols, commonly known as “THC", in any form 3
including tetrahydrocannabinols contained in marijuana, obtained from marijuana, 4
or chemically synthesized, except that tetrahydrocannabinols do not include 5
cannabidiol in a form without a psychoactive effect that is dispensed or documented
6as provided in s. 961.38 (1n)
961.32 of the statutes is renumbered 961.32 (1m).
961.32 (2m) of the statutes is created to read:
A cannabidiol producer licensed under s. 440.9892 may possess 10
tetrahydrocannabinols if the possession is only for the purpose of producing 11
cannabidiol in a form without a psychoactive effect for the treatment of a medical 12
condition. Any person may possess cannabidiol in a form without a psychoactive 13
effect if the possession is for the treatment of a medical condition.
961.34 (2) (a) of the statutes is renumbered 961.34 (2) and 15
amended to read:
Upon the request of any physician, the controlled substances board 17
shall aid the physician in applying for and processing an investigational drug permit 18
under 21 USC 355
(i) for cannabidiol as treatment for a seizure disorder. If the
19federal food and drug administration issues an investigational drug permit, the
20controlled substances board shall approve which pharmacies and physicians may
21dispense cannabidiol to patients medical condition