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2017 - 2018 LEGISLATURE
February 22, 2017 - Offered by Representative C. Taylor.
AB49-ASA1,1,7 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],
5450.07 (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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB49-ASA1,1 8Section 1 . 440.08 (2) (a) 20r. of the statutes is created to read:
AB49-ASA1,1,99 440.08 (2) (a) 20r. Cannabidiol producer: June 1 of each odd-numbered year.
AB49-ASA1,2 10Section 2 . Subchapter XIV of chapter 440 [precedes 440.989] of the statutes
11is created to read:
1chapter 440
AB49-ASA1,2,32 subchapter XIv
3 cannabidiol producers
AB49-ASA1,2,5 4440.989 Definition. In this subchapter, “licensed producer" means a
5cannabidiol producer licensed under s. 440.9892.
AB49-ASA1,2,7 6440.9891 License required. (1) No person may engage in the production of
7cannabidiol in this state unless the person is a licensed producer.
AB49-ASA1,2,10 8(2) A person need not be a licensed producer to engage in an activity that is
9within the scope of another valid state or federal license, permit, registration, or
AB49-ASA1,2,12 11440.9892 Licensure; renewal. (1) The department shall grant a license to
12engage in the production of cannabidiol to a person who does all of the following:
AB49-ASA1,2,1313 (a) Submits an application for licensure on a form provided by the department.
AB49-ASA1,2,1414 (b) Pays the fee specified in s. 440.05 (1).
AB49-ASA1,2,1515 (c) Satisfies all other requirements established by the department by rule.
AB49-ASA1,2,19 16(2) The renewal date for a license granted under sub. (1) is specified in s. 440.08
17(2) (a). A renewal application shall be submitted to the department on a form
18provided by the department and shall include the renewal fee determined by the
19department under s. 440.03 (9) (a).
AB49-ASA1,2,22 20440.9893 Production and delivery. A licensed producer may produce
21cannabidiol and may deliver cannabidiol to any other person if all of the following
22conditions are satisfied:
AB49-ASA1,2,23 23(1) The cannabidiol is in a form without a psychoactive effect.
AB49-ASA1,2,24 24(2) The cannabidiol is for the treatment of a medical condition.
1440.9894 Disciplinary proceedings and actions. (1) Subject to the rules
2promulgated under s. 440.03 (1), the department may conduct investigations and
3hold hearings to determine whether a violation of this subchapter or a rule
4promulgated under this subchapter or a violation of another law that substantially
5relates to the production of cannabidiol has occurred.
AB49-ASA1,3,9 6(2) Subject to the rules promulgated under s. 440.03 (1), the department may
7reprimand a licensed producer or deny, limit, suspend, or revoke a license granted
8under s. 440.9892 if the department finds that an applicant for licensure or a licensed
9producer has done any of the following:
AB49-ASA1,3,1110 (a) Intentionally made a material misstatement in an application for a license
11or license renewal.
AB49-ASA1,3,1212 (b) Advertised in a manner that is false or misleading.
AB49-ASA1,3,1313 (c) Obtained or attempted to obtain compensation through fraud or deceit.
AB49-ASA1,3,1614 (d) Violated this subchapter or a rule promulgated under this subchapter or
15violated another law that substantially relates to the production or delivery of
AB49-ASA1,3,19 17(3) In addition to or in lieu of a reprimand or other action under sub. (2), the
18department may assess against a licensed provider, for the violations enumerated
19under sub. (2), a forfeiture of not more than $1,000 for each separate offense.
AB49-ASA1,3,22 20440.9895 Penalties. Any person who violates this subchapter or any rule
21promulgated under this subchapter may be fined not more than $1,000 or imprisoned
22for not more than 90 days or both.
AB49-ASA1,3 23Section 3. Subchapter XIV of chapter 440 [precedes 440.99] of the statutes is
24renumbered subchapter XV of chapter 440 [precedes 440.99].
AB49-ASA1,4 25Section 4 . 450.03 (1) (e) of the statutes is amended to read:
1450.03 (1) (e) Any person lawfully practicing within the scope of a license,
2permit, registration, certificate, or certification granted to provide home medical
3oxygen under s. 450.076, to produce cannabidiol under subch. XIV of ch. 440, to
4practice professional or practical nursing or nurse-midwifery under ch. 441, to
5practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery
6under ch. 448, to practice optometry under ch. 449, or to practice veterinary medicine
7under ch. 89, or as otherwise provided by statute.
AB49-ASA1,5 8Section 5. 450.07 (2m) of the statutes is created to read:
AB49-ASA1,4,109 450.07 (2m) No license under this section is required for a cannabidiol producer
10licensed under s. 440.9892 acting within the scope of that license.
AB49-ASA1,6 11Section 6. 450.071 (1m) of the statutes is created to read:
AB49-ASA1,4,1312 450.071 (1m) The board shall exempt a cannabidiol producer licensed under
13s. 440.9892 from the licensing and other requirements under this section.
AB49-ASA1,7 14Section 7 . 961.14 (4) (t) of the statutes is amended to read:
AB49-ASA1,4,1915 961.14 (4) (t) Tetrahydrocannabinols, commonly known as “THC", in any form
16including tetrahydrocannabinols contained in marijuana, obtained from marijuana,
17or chemically synthesized, except that tetrahydrocannabinols do not include
18cannabidiol in a form without a psychoactive effect that is dispensed or documented
19as provided in s. 961.38 (1n)
AB49-ASA1,8 20Section 8 . 961.32 of the statutes is renumbered 961.32 (1m).
AB49-ASA1,9 21Section 9 . 961.32 (2m) of the statutes is created to read:
AB49-ASA1,5,222 961.32 (2m) A cannabidiol producer licensed under s. 440.9892 may possess
23tetrahydrocannabinols if the possession is only for the purpose of producing
24cannabidiol in a form without a psychoactive effect for the treatment of a medical

1condition. Any person may possess cannabidiol in a form without a psychoactive
2effect if the possession is for the treatment of a medical condition.
AB49-ASA1,10 3Section 10 . 961.34 (2) (a) of the statutes is renumbered 961.34 (2) and
4amended to read:
AB49-ASA1,5,105 961.34 (2) Upon the request of any physician, the controlled substances board
6shall aid the physician in applying for and processing an investigational drug permit
7under 21 USC 355 (i) for cannabidiol as treatment for a seizure disorder. If the
8federal food and drug administration issues an investigational drug permit, the
9controlled substances board shall approve which pharmacies and physicians may
10dispense cannabidiol to patients
medical condition.
AB49-ASA1,11 11Section 11 . 961.34 (2) (b) of the statutes is repealed.
AB49-ASA1,12 12Section 12 . 961.38 (1n) of the statutes is amended to read:
AB49-ASA1,5,1813 961.38 (1n) A pharmacy or physician approved under s. 961.34 (2) (a) or (b) may
14dispense cannabidiol in a form without a psychoactive effect as a treatment for a
15seizure disorder medical condition or any physician may provide an individual with
16a hard copy of a letter or other official documentation stating that the individual
17possesses cannabidiol to treat a seizure disorder medical condition if the cannabidiol
18is in a form without a psychoactive effect.
AB49-ASA1,13 19Section 13 . 961.52 (2) (a) 1. and 2. of the statutes are amended to read:
AB49-ASA1,5,2220 961.52 (2) (a) 1. Places where persons authorized under s. 961.32 (1m) to
21possess controlled substances in this state are required by federal law to keep
22records; and
AB49-ASA1,6,223 2. Places including factories, warehouses, establishments and conveyances in
24which persons authorized under s. 961.32 (1m) to possess controlled substances in

1this state are permitted by federal law to hold, manufacture, compound, process, sell,
2deliver or otherwise dispose of any controlled substance.