2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 49
February 22, 2017 - Offered by Representative C. Taylor.
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.
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 11
is created to read:
In this subchapter, “licensed producer" means a 5
cannabidiol producer licensed under s. 440.9892.
6440.9891 License required.
No person may engage in the production of 7
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 9
within the scope of another valid state or federal license, permit, registration, or 10
11440.9892 Licensure; renewal. (1)
The department shall grant a license to 12
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 17
(2) (a). A renewal application shall be submitted to the department on a form 18
provided by the department and shall include the renewal fee determined by the 19
department under s. 440.03 (9) (a).
20440.9893 Production and delivery.
A licensed producer may produce 21
cannabidiol and may deliver cannabidiol to any other person if all of the following 22
conditions are satisfied:
The cannabidiol is in a form without a psychoactive effect.
The cannabidiol is for the treatment of a medical condition.
1440.9894 Disciplinary proceedings and actions. (1)
Subject to the rules 2
promulgated under s. 440.03 (1), the department may conduct investigations and 3
hold hearings to determine whether a violation of this subchapter or a rule 4
promulgated under this subchapter or a violation of another law that substantially 5
relates to the production of cannabidiol has occurred.
Subject to the rules promulgated under s. 440.03 (1), the department may 7
reprimand a licensed producer or deny, limit, suspend, or revoke a license granted 8
under s. 440.9892 if the department finds that an applicant for licensure or a licensed 9
producer has done any of the following:
(a) Intentionally made a material misstatement in an application for a license 11
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 15
violated another law that substantially relates to the production or delivery of 16
In addition to or in lieu of a reprimand or other action under sub. (2), the 18
department may assess against a licensed provider, for the violations enumerated 19
under sub. (2), a forfeiture of not more than $1,000 for each separate offense.
Any person who violates this subchapter or any rule 21
promulgated under this subchapter may be fined not more than $1,000 or imprisoned 22
for not more than 90 days or both.
Subchapter XIV of chapter 440 [precedes 440.99] of the statutes is 24
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, 2
permit, registration, certificate, or certification granted to provide home medical 3
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 5
practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery 6
under ch. 448, to practice optometry under ch. 449,
or to practice veterinary medicine 7
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 10
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 13
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 16
including tetrahydrocannabinols contained in marijuana, obtained from marijuana, 17
or chemically synthesized, except that tetrahydrocannabinols do not include 18
cannabidiol in a form without a psychoactive effect that is dispensed or documented
19as 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 23
tetrahydrocannabinols if the possession is only for the purpose of producing 24
cannabidiol in a form without a psychoactive effect for the treatment of a medical
condition. Any person may possess cannabidiol in a form without a psychoactive 2
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 4
amended to read:
Upon the request of any physician, the controlled substances board 6
shall aid the physician in applying for and processing an investigational drug permit 7
under 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
961.34 (2) (b) of the statutes is repealed.
961.38 (1n) of the statutes is amended to read:
A pharmacy or physician approved under s. 961.34 (2) (a) or (b)
dispense 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 16
a hard copy of a letter or other official documentation stating that the individual 17
possesses cannabidiol to treat a seizure disorder
if the cannabidiol 18
is in a form without a psychoactive effect.
961.52 (2) (a) 1. and 2. of the statutes are amended to read:
(a) 1. Places where persons authorized under s. 961.32 (1m)
possess controlled substances in this state are required by federal law to keep 22
2. Places including factories, warehouses, establishments and conveyances in 24
which persons authorized under s. 961.32 (1m)
to possess controlled substances in
this state are permitted by federal law to hold, manufacture, compound, process, sell, 2
deliver or otherwise dispose of any controlled substance.