2019 Wisconsin Act 68

1. A reasonable date by which the hemp producer is required to correct the negligent violation.

2. A requirement that the hemp producer periodically report to the department on the compliance of the hemp producer with the department's plan for a period of not less than the following 2 years.

(c) A hemp producer who negligently violates this section or rules promulgated under this section 3 times in any 5-year period is ineligible to produce hemp for a period of 5 years beginning on the date of the 3rd violation.

68,30 Section 30 . 94.55 (2m) of the statutes is created to read:

94.55 (2m) Greater violations. If the department determines that a hemp producer has violated this section or rules promulgated under this section with a culpable mental state greater than negligence, the department shall immediately report the hemp producer to the U.S. attorney general and the department of justice.

68,31 Section 31 . 94.55 (2p) of the statutes is created to read:

94.55 (2p) Felony convictions. The department, with the assistance of the department of justice, shall, if required for federal authorization of this state's hemp program, conduct a background investigation of any person who applies to the department to produce hemp in this state, which shall include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. No person may produce hemp in this state for 10 years following any felony conviction relating to a controlled substance under state or federal law unless the person held a valid license, registration, or other authorization to produce hemp under a pilot program of any state authorized by section 7606 of the federal agricultural act of 2014 on December 20, 2018, and the felony conviction occurred prior to that date.

68,32 Section 32 . 94.55 (2r) of the statutes is created to read:

94.55 (2r) False statement. Any person who materially falsifies any information contained in an application to participate in the hemp program established under this section is ineligible to participate in the program.

68,33 Section 33 . 94.55 (2t) of the statutes is created to read:

94.55 (2t) Access to cannabidiol products. Nothing in this section or rules promulgated under this section shall be construed as limiting a person's access to cannabidiol products under s. 961.32 (2m) (b).

68,34 Section 34 . 94.55 (3) of the statutes, as affected by 2019 Wisconsin Act .... (this act), is repealed.

68,35 Section 35 . 94.55 (3) (c) of the statutes is repealed.

68,36 Section 36 . 94.55 (3m) of the statutes is created to read:

94.55 (3m) Truth in labeling. (a) No person may do any of the following:

1. Mislabel hemp or a hemp product.

2. Knowingly make an inaccurate claim about the content, delta-9-tetrahydrocannabinol concentration, quality, or origin of hemp or a hemp product in the course of transferring or selling the hemp or hemp product.

3. Knowingly sell at retail mislabelled hemp or hemp products.

(b) The department shall investigate violations of par. (a). The department, or any district attorney or the department of justice upon the request of the department, may on behalf of the state do any of the following:

1. Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of par. (a).

2. Bring an action in any court of competent jurisdiction for the recovery of a civil forfeiture against any person who violates par. (a) in an amount not more than $1,000 for each violation.

(c) In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of par. (a) may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, and for equitable relief as determined by the court.

68,37 Section 37 . 94.55 (3r) of the statutes is created to read:

94.55 (3r) Private cause of action for grower contracts. Any contract to purchase hemp from a hemp grower in this state shall provide that payment will be made to the grower within 7 days of taking possession of the hemp, unless the grower voluntarily and knowingly agrees to a different method of payment. In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of this subsection may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, notwithstanding s. 814.04 (1), and for equitable relief as determined by the court.

68,38 Section 38 . 94.55 (3w) of the statutes is created to read:

94.55 (3w) Emergency rules. When promulgating rules under this section, the department may, as necessary, use the procedure under s. 227.24 to promulgate emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), initial emergency rules and subsequent emergency rules promulgated under this subsection remain in effect until the date on which permanent rules take effect. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

68,39 Section 39 . 94.67 (2) of the statutes is amended to read:

94.67 (2) “Agricultural commodity" means any plant or part of a plant, animal, or animal product produced by a person primarily for sale, consumption, propagation, or other use by humans or animals. “Agricultural commodity” includes industrial hemp.

68,40 Section 40 . 94.67 (15c) of the statutes is created to read:

94.67 (15c) “Hemp” has the meaning given in s. 94.55 (1).

68,41 Section 41 . 94.67 (15r) of the statutes is repealed.

68,42 Section 42 . 97.02 of the statutes is amended to read:

97.02 Standards; adulterated food. For the purposes of this chapter, a food is adulterated if it is adulterated within the meaning of 21 USC 342, except that the department may not consider a food to be adulterated solely because it contains industrial hemp, as defined in s. 94.67 (15r) (15c), or an industrial a hemp product.

68,43 Section 43 . 182.001 (3) of the statutes is amended to read:

182.001 (3) Prohibited activities. Those farming operations prohibited under this section are the production of dairy products not including the processing of such dairy products; the production of cattle, hogs and sheep; and the production of wheat, field corn, barley, oats, rye, hay, pasture, soybeans, millet and, sorghum, and hemp.

68,44m Section 44m. 340.01 (50m) (e) of the statutes is amended to read:

340.01 (50m) (e) Delta-9-tetrahydrocannabinol , excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.

68,47m Section 47m. 343.305 (8) (b) 4m. a. of the statutes is amended to read:

343.305 (8) (b) 4m. a. A blood test administered in accordance with this section indicated that the person had a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or a concentration of one or more nanograms of delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, per milliliter of the person's blood but did not have a detectable amount of any other restricted controlled substance in his or her blood.

68,51 Section 51 . 348.27 (18) (a) 1. f. of the statutes is amended to read:

348.27 (18) (a) 1. f. Industrial hemp Hemp, as defined in s. 94.67 (15r) (15c).

68,52m Section 52m. 350.01 (10v) (e) of the statutes is amended to read:

350.01 (10v) (e) Delta-9-tetrahydrocannabinol , excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.

68,54g Section 54g. 446.01 (2) (a) of the statutes is amended to read:

446.01 (2) (a) To examine into the fact, condition, or cause of departure from complete health and proper condition of the human; to treat without the use of drugs as defined in s. 450.01 (10), other than hemp, as defined under s. 94.55 (1), or surgery; to counsel; to advise for the same for the restoration and preservation of health or to undertake, offer, advertise, announce or hold out in any manner to do any of the aforementioned acts, for compensation, direct or indirect or in expectation thereof; and

68,54n Section 54n. 450.03 (1) (k) of the statutes is created to read:

450.03 (1) (k) A person who sells, gives away, or barters hemp, as defined in s. 94.55 (1), or takes any of the actions described in s. 450.01 (16) (a) to (k) in relation to hemp.

68,54r Section 54r. 450.07 (1) of the statutes is amended to read:

450.07 (1) No Except as provided under sub. (1m), no person may engage in manufacturing in this state unless the person obtains a manufacturer's license from the board. For the issuance of a license under this subsection, the applicant shall pay the initial credential fee determined by the department under s. 440.03 (9) (a).

68,54w Section 54w. 450.07 (1m) of the statutes is created to read:

450.07 (1m) A license is not required under this section for a person to engage in manufacturing of hemp, as defined in s. 94.55 (1).

68,55g Section 55g. 885.235 (1) (d) 5. of the statutes is amended to read:

885.235 (1) (d) 5. Delta-9-tetrahydrocannabinol , excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.

68,55r Section 55r. 885.235 (5) of the statutes is created to read:

885.235 (5) Notwithstanding sub. (4), in any action or proceeding for a violation of s. 23.33 (4c) (a) 2m. or (b) 2m., 23.335 (12) (a) 2m. or (b) 2m., 30.681 (1) (b) 1m. or (2) (b) 1m., 346.63 (1) (am) or (2) (a) 3., 350.101 (1) (bm) or (2) (bm), 940.09 (1) (am) or (cm) or (1g) (am) or (cm), 940.25 (1) (am) or (cm), or 941.20 (1) (bm), the only form of chemical analysis of a sample of human biological material that is admissible as evidence bearing on the question of whether or not the person had delta-9-tetrahydrocannabinol at a concentration of one or more nanograms per milliliter of the person's blood is a chemical analysis of a sample of the person's blood.

68,56m Section 56m. 939.22 (33) (e) of the statutes is amended to read:

939.22 (33) (e) Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.

68,60 Section 60 . 961.01 (3r) of the statutes is created to read:

961.01 (3r) “Cannabidiol product” means a derivative or extract of the plant Cannabis sativa L. that contains cannabidiol and a delta-9-tetrahydrocannabinol concentration at a level without a psychoactive effect.

68,61 Section 61 . 961.01 (14) of the statutes is amended to read:

961.01 (14) “Marijuana" means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana" does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. “Marijuana” does not include hemp, as defined in s. 94.55 (1).

68,61m Section 61m. 961.11 (4g) of the statutes is amended to read:

961.11 (4g) Notwithstanding sub. (4), if cannabidiol or nabiximols is rescheduled or deleted as a controlled substance under federal law, the controlled substances board shall similarly treat cannabidiol or nabiximols under this chapter as soon as practically possible but no later than 30 days from the date of publication in the federal register of a final order rescheduling or deleting cannabidiol or nabiximols or from the date of issuance of an order of temporary scheduling under 21 USC 811 (h). The board shall promulgate, without making the determinations or findings required by subs. (1), (1m), (1r), and (2) or s. 961.13, 961.15, 961.17, 961.19, or 961.21, a final rule, for which notice of proposed rule making is omitted, rescheduling or deleting cannabidiol or nabiximols.

68,62 Section 62 . 961.14 (4) (t) 1. of the statutes is amended to read:

961.14 (4) (t) 1. Cannabidiol in a form without a psychoactive effect Tetrahydrocannabinols contained in a cannabidiol product that is dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).

68,63 Section 63 . 961.14 (4) (t) 3. of the statutes is created to read:

961.14 (4) (t) 3. Tetrahydrocannabinols contained in hemp, as defined in s. 94.55 (1).

68,64 Section 64 . 961.32 (2m) (b) of the statutes is amended to read:

961.32 (2m) (b) An individual may possess a cannabidiol in a form without a psychoactive effect product if the individual has certification stating that the individual possesses a cannabidiol product to treat a medical condition, if the certification has an issue date that is no more than one year prior to the possession, and if any expiration date provided by the physician in the certification has not passed. A certification is not required to possess hemp, as defined in s. 94.55 (1), or a prescription drug product that has been approved by the U.S. food and drug administration.

68,65 Section 65 . 961.32 (3) (a) 1. and 2. of the statutes are amended to read:

961.32 (3) (a) 1. “Hemp” “Cannabis” means the plant Cannabis sativa, or L. and any part of the that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not.

2. “Industrial hemp" “Hemp” has the meaning given in s. 94.55 (1).

68,66 Section 66 . 961.32 (3) (b) (intro.) of the statutes is amended to read:

961.32 (3) (b) (intro.) A person who is acting in accordance with not otherwise violating s. 94.55 or rules promulgated by the department of agriculture, trade and consumer protection under s. 94.55 (2) (b) may not be prosecuted for a criminal offense under this chapter, or under any municipal an ordinance that prohibits conduct that is the same as that prohibited under this chapter enacted under s. 59.54 (25) or 66.0107 (1) (bm), for any of the following:

68,67 Section 67 . 961.32 (3) (b) 1. of the statutes is amended to read:

961.32 (3) (b) 1. Planting, growing, cultivating, harvesting, producing, processing, or transporting hemp cannabis that contains a delta-9-tetrahydrocannabinol concentration of the crop of not more than 0.7 percent above the permissible limit for industrial hemp on a dry weight basis or that is grown from industrial hemp seed certified under s. 94.55 (2) (c) or approved for growing by the department of agriculture, trade and consumer protection under s. 94.55 (2) (f).

68,68 Section 68 . 961.32 (3) (b) 2. of the statutes is repealed.

68,69 Section 69 . 961.32 (3) (b) 3. of the statutes is amended to read:

961.32 (3) (b) 3. Selling, transferring, importing, exporting, processing, transporting, harvesting, or taking possession of hemp cannabis that has been certified under s. 94.55 (2) (c) tested and certified, by a laboratory authorized the department of agriculture, trade and consumer protection or a person approved by the department of agriculture, trade and consumer protection to test the delta-9-tetrahydrocannabinol concentration in hemp under s. 94.55 (2) (b) 4g., as meeting the permissible delta-9-tetrahydrocannabinol concentration limit for industrial hemp if the person has no reason to believe that the test certification is incorrect.

68,70 Section 70 . 961.32 (3) (b) 4. of the statutes is amended to read:

961.32 (3) (b) 4. Possessing hemp with cannabis that contains a delta-9-tetrahydrocannabinol concentration of not more than 0.7 percent above the permissible level limit for industrial hemp if the hemp was certified under s. 94.55 (2) (c) at the time the possessor took possession as meeting the permissible concentration limit for industrial hemp and the possessor had no reason to believe at that time that the certification was incorrect on a dry weight basis if the possessor reconditions or processes the cannabis to a delta-9-tetrahydrocannabinol concentration at or below the permissible limit for hemp with the approval of the department of agriculture, trade and consumer protection of those actions.

68,71 Section 71 . 961.32 (3) (b) 4m. of the statutes is created to read:

961.32 (3) (b) 4m. Temporarily possessing cannabis during the normal course of processing hemp if the possessor reconditions or processes the cannabis to a delta-9-tetrahydrocannabinol concentration at or below the permissible limit for hemp within a reasonable amount of time.

68,72 Section 72 . 961.32 (3) (b) 4r. of the statutes is created to read:

961.32 (3) (b) 4r. Possessing cannabis purchased or obtained at retail that contains a delta-9-tetrahydrocannabinol concentration of not more than 0.7 percent above the permissible limit for hemp if the possessor has no reason to believe that the cannabis contains a delta-9-tetrahydrocannabinol concentration above the permissible limit for hemp.

68,73 Section 73 . 961.32 (3) (b) 5. of the statutes is amended to read:

961.32 (3) (b) 5. Taking samples of hemp cannabis, transporting samples to a testing facility, or testing samples for their delta-9-tetrahydrocannabinol concentration or for the presence of other substances.

68,74 Section 74 . 961.32 (3) (c) of the statutes is amended to read:

961.32 (3) (c) A person who plants, grows, cultivates, harvests, samples, tests, processes, transports, transfers, takes possession of, sells, imports, or exports industrial hemp in violation of violates s. 94.55 or a rule promulgated under s. 94.55 (2) (b) may not be prosecuted under s. 94.55 or this chapter unless the person is referred to the district attorney for the county in which the violation occurred or to the department of justice by the department of agriculture, trade and consumer protection, and may not be prosecuted under a municipal an ordinance that prohibits the same conduct as is prohibited under this chapter enacted under s. 59.54 (25) or 66.0107 (1) (bm), unless the person is referred to the local law enforcement prosecuting authority by the department of agriculture, trade and consumer protection.