2015 - 2016 LEGISLATURE
March 3, 2016 - Introduced by Senator C. Larson, cosponsored by Representatives
Kahl, Brostoff, Sinicki, Goyke, Berceau, Johnson and Wachs. Referred to
Committee on Judiciary and Public Safety.
1An Act to repeal
961.34 (2) (b); to renumber
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 seizure disorder
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 seizure
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 seizure disorder and that any pharmacy or physician may dispense
CBD oil to treat a seizure disorder.
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. (1)
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.
The department shall grant a license to engage in the production of 17
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 4
(2) (a). A renewal application shall be submitted to the department on a form 5
provided by the department and shall include the renewal fee determined by the 6
department under s. 440.03 (9) (a).
7440.9893 Production and delivery.
A licensed producer may produce 8
cannabidiol and may deliver cannabidiol to any other person if all of the following 9
conditions are satisfied:
The cannabidiol is in a form without a psychoactive effect.
The cannabidiol is for the treatment of a seizure disorder.
12440.9894 Disciplinary proceedings and actions. (1)
Subject to the rules 13
promulgated under s. 440.03 (1), the department may conduct investigations and 14
hold hearings to determine whether a violation of this subchapter or a rule 15
promulgated under this subchapter or a violation of another law that substantially 16
relates to the production of cannabidiol has occurred.
Subject to the rules promulgated under s. 440.03 (1), the department may 18
reprimand a licensed producer or deny, limit, suspend, or revoke a license granted 19
under s. 440.9892 if the department finds that an applicant for licensure or a licensed 20
producer has done any of the following:
(a) Intentionally made a material misstatement in an application for a license 22
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].
(e) Any person lawfully practicing within the scope of a license, 15
permit, registration, certificate, or certification granted to provide home medical 16
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 18
practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery 19
under ch. 448, to practice optometry under ch. 449,
or to practice veterinary medicine 20
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 23
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 2
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 5
including tetrahydrocannabinols contained in marijuana, obtained from marijuana, 6
or chemically synthesized, except that tetrahydrocannabinols do not include 7
cannabidiol in a form without a psychoactive effect that is dispensed or documented
8as 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 12
tetrahydrocannabinols if the possession is only for the purpose of producing 13
cannabidiol in a form without a psychoactive effect for the treatment of a seizure 14
disorder. Any person may possess cannabidiol in a form without a psychoactive effect 15
if the possession is for the treatment of a seizure disorder.
961.34 (2) (a) of the statutes is renumbered 961.34 (2) and 17
amended to read: