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AB206,15,2311 94.55 (3w) Emergency rules. When promulgating rules under this section, the
12department may, as necessary, use the procedure under s. 227.24 to promulgate
13emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating
14emergency rules under this subsection, the department is not required to provide
15evidence that promulgating a rule under this subsection as an emergency rule is
16necessary for the preservation of the public peace, health, safety, or welfare and is
17not required to provide a finding of emergency for a rule promulgated under this
18subsection. Notwithstanding s. 227.24 (1) (c) and (2), initial emergency rules and
19subsequent emergency rules promulgated under this subsection remain in effect
20until the date on which permanent rules take effect. Notwithstanding s. 227.24 (1)
21(e) 1d. and 1g., for emergency rules promulgated under this subsection, the
22department is not required to prepare a statement of scope of the rules or to submit
23the proposed rules in final draft form to the governor for approval.
AB206,39 24Section 39 . 94.67 (2) of the statutes is amended to read:
AB206,16,4
194.67 (2) “Agricultural commodity" means any plant or part of a plant, animal,
2or animal product produced by a person primarily for sale, consumption,
3propagation, or other use by humans or animals. “Agricultural commodity” includes
4industrial hemp.
AB206,40 5Section 40 . 94.67 (15c) of the statutes is created to read:
AB206,16,66 94.67 (15c) “Hemp” has the meaning given in s. 94.55 (1).
AB206,41 7Section 41 . 94.67 (15r) of the statutes is repealed.
AB206,42 8Section 42 . 97.02 of the statutes is amended to read:
AB206,16,12 997.02 Standards; adulterated food. For the purposes of this chapter, a food
10is adulterated if it is adulterated within the meaning of 21 USC 342, except that the
11department may not consider a food to be adulterated solely because it contains
12industrial hemp, as defined in s. 94.67 (15r) (15c), or an industrial a hemp product.
AB206,43 13Section 43 . 182.001 (3) of the statutes is amended to read:
AB206,16,1714 182.001 (3) Prohibited activities. Those farming operations prohibited under
15this section are the production of dairy products not including the processing of such
16dairy products; the production of cattle, hogs and sheep; and the production of wheat,
17field corn, barley, oats, rye, hay, pasture, soybeans, millet and, sorghum, and hemp.
AB206,44 18Section 44 . 340.01 (50m) (e) of the statutes is repealed.
AB206,45 19Section 45 . 343.305 (8) (b) 2. g. of the statutes is amended to read:
AB206,16,2220 343.305 (8) (b) 2. g. Whether the person had a valid prescription for
21methamphetamine or one of its metabolic precursors or gamma-hydroxybutyric acid
22or delta-9-tetrahydrocannabinol in a case in which subd. 4m. a. and b. apply.
AB206,46 23Section 46 . 343.305 (8) (b) 4m. (intro.) of the statutes is amended to read:
AB206,17,224 343.305 (8) (b) 4m. (intro.) If, at the time the offense allegedly occurred, all of
25the following apply, the hearing officer shall determine whether the person had a

1valid prescription for methamphetamine or one of its metabolic precursors, or
2gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol:
AB206,47 3Section 47 . 343.305 (8) (b) 4m. a. of the statutes is amended to read:
AB206,17,74 343.305 (8) (b) 4m. a. A blood test administered in accordance with this section
5indicated that the person had a detectable amount of methamphetamine , or
6gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol but did not have a
7detectable amount of any other restricted controlled substance in his or her blood.
AB206,48 8Section 48 . 343.305 (8) (b) 5. c. of the statutes is amended to read:
AB206,17,119 343.305 (8) (b) 5. c. In a case in which subd. 4m. a. and b. apply, the person had
10a valid prescription for methamphetamine or one of its metabolic precursors, or
11gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
AB206,49 12Section 49 . 346.63 (1) (d) of the statutes is amended to read:
AB206,17,1913 346.63 (1) (d) In an action under par. (am) that is based on the defendant
14allegedly having a detectable amount of methamphetamine, or
15gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
16the defendant has a defense if he or she proves by a preponderance of the evidence
17that at the time of the incident or occurrence he or she had a valid prescription for
18methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
19acid, or delta-9-tetrahydrocannabinol.
AB206,50 20Section 50 . 346.63 (2) (b) 2. of the statutes is amended to read:
AB206,18,221 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant
22allegedly having a detectable amount of methamphetamine, or
23gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
24the defendant has a defense if he or she proves by a preponderance of the evidence
25that at the time of the incident or occurrence he or she had a valid prescription for

1methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
2acid, or delta-9-tetrahydrocannabinol.
AB206,51 3Section 51 . 348.27 (18) (a) 1. f. of the statutes is amended to read:
AB206,18,44 348.27 (18) (a) 1. f. Industrial hemp Hemp, as defined in s. 94.67 (15r) (15c).
AB206,52 5Section 52 . 350.01 (10v) (e) of the statutes is repealed.
AB206,53 6Section 53 . 350.101 (1) (e) of the statutes is amended to read:
AB206,18,137 350.101 (1) (e) Defenses. In an action under par. (bm) that is based on the
8defendant allegedly having a detectable amount of methamphetamine , or
9gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
10the defendant has a defense if he or she proves by a preponderance of the evidence
11that at the time of the incident or occurrence he or she had a valid prescription for
12methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
13acid, or delta-9-tetrahydrocannabinol.
AB206,54 14Section 54 . 350.101 (2) (d) 2. of the statutes is amended to read:
AB206,18,2115 350.101 (2) (d) 2. In an action under par. (bm) that is based on the defendant
16allegedly having a detectable amount of methamphetamine, or
17gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
18the defendant has a defense if he or she proves by a preponderance of the evidence
19that at the time of the incident or occurrence he or she had a valid prescription for
20methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
21acid, or delta-9-tetrahydrocannabinol.
AB206,55 22Section 55 . 885.235 (1) (d) 5. of the statutes is repealed.
AB206,56 23Section 56 . 939.22 (33) (e) of the statutes is repealed.
AB206,57 24Section 57 . 940.09 (2) (b) of the statutes is amended to read:
AB206,19,8
1940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that
2is based on the defendant allegedly having a detectable amount of
3methamphetamine or gamma-hydroxybutyric acid or
4delta-9-tetrahydrocannabinol
in his or her blood, the defendant has a defense if he
5or she proves by a preponderance of the evidence that at the time of the incident or
6occurrence he or she had a valid prescription for methamphetamine or one of its
7metabolic precursors or gamma-hydroxybutyric acid or
8delta-9-tetrahydrocannabinol
.
AB206,58 9Section 58 . 940.25 (2) (b) of the statutes is amended to read:
AB206,19,1610 940.25 (2) (b) In any action under this section that is based on the defendant
11allegedly having a detectable amount of methamphetamine, or
12gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
13the defendant has a defense if he or she proves by a preponderance of the evidence
14that at the time of the incident or occurrence he or she had a valid prescription for
15methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
16acid, or delta-9-tetrahydrocannabinol.
AB206,59 17Section 59 . 941.20 (1) (bm) of the statutes is amended to read:
AB206,20,218 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a
19detectable amount of a restricted controlled substance in his or her blood. A
20defendant has a defense to any action under this paragraph that is based on the
21defendant allegedly having a detectable amount of methamphetamine , or
22gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
23if he or she proves by a preponderance of the evidence that at the time of the incident
24or occurrence he or she had a valid prescription for methamphetamine or one of its

1metabolic precursors, or gamma-hydroxybutyric acid, or
2delta-9-tetrahydrocannabinol
.
AB206,60 3Section 60 . 961.01 (3r) of the statutes is created to read:
AB206,20,64 961.01 (3r) “Cannabidiol product” means a derivative or extract of the plant
5C
annabis sativa L. that contains cannabidiol and a delta-9-tetrahydrocannabinol
6concentration at a level without a psychoactive effect.
AB206,61 7Section 61 . 961.01 (14) of the statutes is amended to read:
AB206,20,178 961.01 (14) “Marijuana" means all parts of the plants of the genus Cannabis,
9whether growing or not; the seeds thereof; the resin extracted from any part of the
10plant; and every compound, manufacture, salt, derivative, mixture or preparation of
11the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana" does
12include the mature stalks if mixed with other parts of the plant, but does not include
13fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
14compound, manufacture, salt, derivative, mixture or preparation of the mature
15stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed
16of the plant which is incapable of germination. “Marijuana” does not include hemp,
17as defined in s. 94.55 (1).
AB206,62 18Section 62 . 961.14 (4) (t) 1. of the statutes is amended to read:
AB206,20,2119 961.14 (4) (t) 1. Cannabidiol in a form without a psychoactive effect
20Tetrahydrocannabinols contained in a cannabidiol product that is dispensed as
21provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).
AB206,63 22Section 63 . 961.14 (4) (t) 3. of the statutes is created to read:
AB206,20,2423 961.14 (4) (t) 3. Tetrahydrocannabinols contained in hemp, as defined in s.
2494.55 (1).
AB206,64 25Section 64 . 961.32 (2m) (b) of the statutes is amended to read:
AB206,21,8
1961.32 (2m) (b) An individual may possess a cannabidiol in a form without a
2psychoactive effect
product if the individual has certification stating that the
3individual possesses a cannabidiol product to treat a medical condition, if the
4certification has an issue date that is no more than one year prior to the possession,
5and if any expiration date provided by the physician in the certification has not
6passed. A certification is not required to possess hemp, as defined in s. 94.55 (1), or
7a prescription drug product that has been approved by the U.S. food and drug
8administration.
AB206,65 9Section 65 . 961.32 (3) (a) 1. and 2. of the statutes are amended to read:
AB206,21,1210 961.32 (3) (a) 1. “Hemp” “Cannabis” means the plant Cannabis sativa, or L. and
11any part of the that plant , including the seeds thereof and all derivatives, extracts,
12cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not
.
AB206,21,1313 2. “Industrial hemp" “Hemp” has the meaning given in s. 94.55 (1).
AB206,66 14Section 66 . 961.32 (3) (b) (intro.) of the statutes is amended to read:
AB206,21,2015 961.32 (3) (b) (intro.) A person who is acting in accordance with not otherwise
16violating s. 94.55 or
rules promulgated by the department of agriculture, trade and
17consumer protection under s. 94.55 (2) (b) may not be prosecuted for a criminal
18offense under this chapter, or under any municipal an ordinance that prohibits
19conduct that is the same as that prohibited under this chapter
enacted under s. 59.54
20(25) or 66.0107 (1) (bm)
, for any of the following:
AB206,67 21Section 67 . 961.32 (3) (b) 1. of the statutes is amended to read:
AB206,22,222 961.32 (3) (b) 1. Planting, growing, cultivating, harvesting, producing,
23processing, or transporting hemp cannabis that contains a
24delta-9-tetrahydrocannabinol concentration of the crop of not more than 0.7 percent
25above the permissible limit for industrial hemp on a dry weight basis or that is grown

1from industrial hemp seed certified under s. 94.55 (2) (c) or approved for growing by
2the department of agriculture, trade and consumer protection under s. 94.55 (2) (f)
.
AB206,68 3Section 68 . 961.32 (3) (b) 2. of the statutes is repealed.
AB206,69 4Section 69 . 961.32 (3) (b) 3. of the statutes is amended to read:
AB206,22,135 961.32 (3) (b) 3. Selling, transferring, importing, exporting, processing,
6transporting, harvesting, or taking possession of hemp cannabis that has been
7certified under s. 94.55 (2) (c) tested and certified, by a laboratory authorized the
8department of agriculture, trade and consumer protection or a person approved
by
9the department of agriculture, trade and consumer protection to test the
10delta-9-tetrahydrocannabinol concentration in hemp
under s. 94.55 (2) (b) 4g., as
11meeting the permissible delta-9-tetrahydrocannabinol concentration limit for
12industrial hemp if the person has no reason to believe that the test certification is
13incorrect
.
AB206,70 14Section 70 . 961.32 (3) (b) 4. of the statutes is amended to read:
AB206,22,2315 961.32 (3) (b) 4. Possessing hemp with cannabis that contains a
16delta-9-tetrahydrocannabinol concentration of not more than 0.7 percent above the
17permissible level limit for industrial hemp if the hemp was certified under s. 94.55
18(2) (c) at the time the possessor took possession as meeting the permissible
19concentration limit for industrial hemp and the possessor had no reason to believe
20at that time that the certification was incorrect
on a dry weight basis if the possessor
21reconditions or processes the cannabis to a delta-9-tetrahydrocannabinol
22concentration at or below the permissible limit for hemp with the approval of the
23department of agriculture, trade and consumer protection of those actions
.
AB206,71 24Section 71 . 961.32 (3) (b) 4m. of the statutes is created to read:
AB206,23,4
1961.32 (3) (b) 4m. Temporarily possessing cannabis during the normal course
2of processing hemp if the possessor reconditions or processes the cannabis to a
3delta-9-tetrahydrocannabinol concentration at or below the permissible limit for
4hemp within a reasonable amount of time.
AB206,72 5Section 72 . 961.32 (3) (b) 4r. of the statutes is created to read:
AB206,23,106 961.32 (3) (b) 4r. Possessing cannabis purchased or obtained at retail that
7contains a delta-9-tetrahydrocannabinol concentration of not more than 0.7 percent
8above the permissible limit for hemp if the possessor has no reason to believe that
9the cannabis contains a delta-9-tetrahydrocannabinol concentration above the
10permissible limit for hemp.
AB206,73 11Section 73 . 961.32 (3) (b) 5. of the statutes is amended to read:
AB206,23,1412 961.32 (3) (b) 5. Taking samples of hemp cannabis, transporting samples to a
13testing facility, or testing samples for their delta-9-tetrahydrocannabinol
14concentration or for the presence of other substances.
AB206,74 15Section 74 . 961.32 (3) (c) of the statutes is amended to read:
AB206,24,216 961.32 (3) (c) A person who plants, grows, cultivates, harvests, samples, tests,
17processes, transports, transfers, takes possession of, sells, imports, or exports

18industrial hemp in violation of violates s. 94.55 or a rule promulgated under s. 94.55
19(2) (b) may not be prosecuted under s. 94.55 or this chapter unless the person is
20referred to the district attorney for the county in which the violation occurred or to
21the department of justice
by the department of agriculture, trade and consumer
22protection, and may not be prosecuted under a municipal an ordinance that
23prohibits the same conduct as is prohibited under this chapter
enacted under s. 59.54
24(25) or 66.0107 (1) (bm),
unless the person is referred to the local law enforcement

1prosecuting authority by the department of agriculture, trade and consumer
2protection.
AB206,75 3Section 75 . 961.32 (3) (cm) of the statutes is created to read:
AB206,24,74 961.32 (3) (cm) A hemp producer that negligently violates s. 94.55 or a rule
5promulgated under s. 94.55, as described under s. 94.55 (2g) (a), may not be
6prosecuted under s. 94.55 or this chapter or an ordinance enacted under s. 59.54 (25)
7or 66.0107 (1) (bm).
AB206,76 8Section 76 . 961.32 (3) (d) of the statutes is amended to read:
AB206,24,119 961.32 (3) (d) Notwithstanding s. 961.41 (4) (am) 2. a., engaging in an activity
10described under par. (b) s. 94.55 (2) (a) does not constitute prima facie evidence of a
11prohibited representation under s. 961.41 (4) (am) 1. a. or b.
AB206,77 12Section 77 . 961.34 (2) (a) of the statutes is amended to read:
AB206,24,1813 961.34 (2) (a) Upon the request of any physician, the controlled substances
14board shall aid the physician in applying for and processing an investigational drug
15permit under 21 USC 355 (i) for cannabidiol as treatment for a seizure disorder
16medical condition. If the federal food and drug administration issues an
17investigational drug permit, the controlled substances board shall approve which
18pharmacies and physicians may dispense cannabidiol products to patients.
AB206,78 19Section 78 . 961.34 (2) (b) of the statutes is amended to read:
AB206,24,2520 961.34 (2) (b) If cannabidiol is products other than hemp are removed from the
21list of controlled substances, or if cannabidiol is products are determined not to be
22 a controlled substance substances, under schedule I of 21 USC 812 (c), the controlled
23substances board shall approve which pharmacies and physicians may dispense
24cannabidiol products to patients as treatment for a seizure disorder medical
25condition
.
AB206,79
1Section 79. 961.38 (1n) (a) of the statutes is amended to read:
AB206,25,42 961.38 (1n) (a) A pharmacy or physician approved under s. 961.34 (2) (a) or (b)
3may dispense cannabidiol in a form without a psychoactive effect products as a
4treatment for a medical condition.
AB206,80 5Section 80 . 961.38 (1n) (b) of the statutes is amended to read:
AB206,25,96 961.38 (1n) (b) A physician licensed under s. 448.04 (1) (a) may issue an
7individual a certification, as defined in s. 961.32 (2m) (a), stating that the individual
8possesses a cannabidiol product to treat a medical condition if the cannabidiol is in
9a form without a psychoactive effect
.
AB206,81 10Section 81 . 961.442 (intro.) of the statutes is amended to read:
AB206,25,16 11961.442 Penalties; industrial hemp. (intro.) If a person attempts to conceal
12the commission of a crime under this chapter while representing that he or she is
13engaging in the planting, growing, cultivating, harvesting, producing, processing,
14transporting, importing, exporting, selling, transferring, sampling, testing, or
15taking possession of industrial hemp, the maximum term of imprisonment
16prescribed by law for that crime may be increased as follows:
AB206,82 17Section 82 . 961.55 (9) of the statutes is amended to read:
AB206,26,318 961.55 (9) If a crop intended to be industrial hemp, as defined in s. 94.55 (1),
19is tested for delta-9-tetrahydrocannabinol levels and the average concentration of
20delta-9-tetrahydrocannabinol in a whole dry plant is found to exceed 0.7 percent
21above the permissible limit for industrial hemp on a dry weight basis, as tested using
22post-decarboxylation or other similarly reliable methods
, the entire crop on the field
23at the growing location where the plant was found shall be seized and destroyed.
24Before a crop is seized and destroyed under this subsection, the agency whose officers
25or employees intend to seize and destroy the crop shall provide, to the person licensed

1under s. 94.55 (3) to grow the crop or to the person's agent or employee, written
2documentation verifying the test results for the crop that is subject to seizure and
3destruction.
AB206,83 4Section 83 . 967.055 (1m) (b) 5. of the statutes is repealed.
AB206,84 5Section 84 . Nonstatutory provisions.
AB206,26,116 (1) Notification. The department of agriculture, trade and consumer
7protection shall notify the legislative reference bureau when the secretary of the U.S.
8department of agriculture establishes a plan under section 297C of the Agricultural
9Marketing Act of 1946. The legislative reference bureau shall publish a notice in the
10Wisconsin Administrative Register that specifies the date on which s. 94.55 (3) is
11repealed, as determined under Section 87 (1 ) of this act.
AB206,26,1512 (2) Hemp positions. The authorized FTE positions for the department of
13agriculture, trade and consumer protection are increased by 3.0 GPR positions on
14July 1, 2019, to be funded from the appropriation under s. 20.115 (7) (f), for the
15purpose of regulating activities relating to hemp under s. 94.55.
AB206,85 16Section 85 . Fiscal changes.
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