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SB188,12 22Section 12 . 30.681 (2) (d) 1. b. of the statutes is amended to read:
SB188,7,423 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant
24allegedly having a detectable amount of methamphetamine, or
25gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,

1the defendant has a defense if he or she proves by a preponderance of the evidence
2that at the time of the incident or occurrence he or she had a valid prescription for
3methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
4acid, or delta-9-tetrahydrocannabinol.
SB188,13 5Section 13 . 94.55 (title) of the statutes is repealed and recreated to read:
SB188,7,6 694.55 (title) Hemp.
SB188,14 7Section 14 . 94.55 (1) of the statutes is amended to read:
SB188,7,198 94.55 (1) Definition. In this section, “industrial hemp” means the plant
9Cannabis sativa, or L. and any part of the that plant, including the seeds, having
10thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of
11isomers, whether growing or not, with
a delta-9-tetrahydrocannabinol
12concentration of no not more than 0.3 percent on a dry weight basis or the maximum
13concentration allowed under federal law up to 1 percent, whichever is greater.
14“Industrial hemp” includes a substance, material, or product only if it is designated
15as a controlled substance under the federal Controlled Substances Act under 21 USC
16801 to 971 or the Uniform Controlled Substances Act under ch. 961 or both
, as tested
17using post-decarboxylation or other similarly reliable methods. “Hemp” does not
18include a prescription drug product that has been approved by the U.S. food and drug
SB188,15 20Section 15 . 94.55 (2) (title) of the statutes is amended to read:
SB188,7,2121 94.55 (2) (title) Regulation of industrial hemp.
SB188,16 22Section 16 . 94.55 (2) (a) of the statutes is amended to read:
SB188,8,223 94.55 (2) (a) Subject to the provisions under this subsection section, a person
24may plant, grow, cultivate, harvest, produce, sample, test, process, transport,

1transfer, take possession of, sell, import, and export industrial hemp in this state to
2the greatest extent allowed under federal law.
SB188,17 3Section 17 . 94.55 (2) (am) of the statutes is created to read:
SB188,8,174 94.55 (2) (am) The department shall issue licenses to hemp producers if hemp
5producers are required to hold a license to produce hemp under federal law and if the
6secretary of the U.S. department of agriculture has approved this state's hemp
7program. If the department issues such licenses, no person may produce hemp
8without a license from the department. Licenses from the department may authorize
9the planting, growing, cultivating, harvesting, producing, sampling, testing,
10processing, transporting, transferring, taking possession, selling, importing, and
11exporting of hemp. The department shall identify the requirements for applying for
12a license, approving or denying a license, and suspending or revoking a license, and
13shall identify the restrictions and obligations that apply to operating under a license.
14The department may restrict license eligibility based on a violation reported under
15sub. (2m). The department shall accept license applications throughout the calendar
16year. The department may set license terms and may set late fees for license
SB188,18 18Section 18 . 94.55 (2) (b) 2. of the statutes is amended to read:
SB188,8,2319 94.55 (2) (b) 2. Except as provided under subds. 3. to 6. and subs. (3) and (4)
20this section, rules promulgated under this paragraph section shall regulate the
21activities described in par. (a) only to the extent required under federal law, and in
22a manner that allows the people of this state to have the greatest possible
23opportunity to engage in those activities.
SB188,19 24Section 19 . 94.55 (2) (b) 2m. of the statutes is created to read:
SB188,8,2525 94.55 (2) (b) 2m. The department may establish all of the following:
1a. A practice to maintain relevant information regarding land on which hemp
2is produced in this state, including a legal description of the land, as defined by the
3department, for a period of not less than 3 years.
SB188,9,54 b. A procedure for testing, using post-decarboxylation or other similarly
5reliable methods, delta-9-tetrahydrocannabinol concentration levels of hemp.
SB188,9,76 c. A procedure for the effective disposal of plants, whether growing or not, that
7are produced in violation of this section, and products derived from those plants.
SB188,9,98 d. A procedure to comply with the enforcement provisions under subs. (2g) and
SB188,9,1210 e. A procedure for conducting annual inspection of, at a minimum, a random
11sample of hemp producers to verify that hemp is not produced in violation of this
SB188,20 13Section 20 . 94.55 (2) (b) 3. of the statutes is amended to read:
SB188,9,2114 94.55 (2) (b) 3. The department shall promulgate rules, as the department
15determines to be
necessary, to ensure the quality of industrial hemp grown or
produced in this state, the security of activities related to industrial hemp,
17and the safety of products produced from industrial hemp, including any necessary
18testing; to ensure that the state's hemp program complies with federal law and to
19obtain and maintain any required federal approval of the state's hemp program;
20verify adherence to laws and rules governing activities related to industrial hemp;
21and to enforce violations of those laws and rules.
SB188,21 22Section 21 . 94.55 (2) (b) 4. of the statutes is amended to read:
SB188,9,2523 94.55 (2) (b) 4. The department shall require the payment of an initial fee from
24any person who plants, grows, or cultivates industrial produces hemp in this state
25equal to the greater of $150 or $5 multiplied by the number of acres on which the

1person will plant, grow, or cultivate industrial produce hemp, but not to exceed
2$1,000. The department may also impose an annual fee on any person whose
3activities related to industrial hemp are regulated by the department under this
4paragraph, in an amount not to exceed an amount sufficient to cover the costs to the
5department of regulating those activities, as determined by the department by rule.
6The department may establish lower initial and annual fees for licenses issued for
7research or noncommercial purposes.
SB188,22 8Section 22 . 94.55 (2) (b) 4g. of the statutes is created to read:
SB188,10,129 94.55 (2) (b) 4g. The department may set criteria for approving persons to
10undertake any sampling and testing required by the department by rule. The
11department shall approve persons that meet the criteria to the extent allowed under
12federal law.
SB188,23 13Section 23 . 94.55 (2) (b) 4m. of the statutes is created to read:
SB188,10,1814 94.55 (2) (b) 4m. When sampling and testing a crop of hemp, the department
15is not required to sample and test every growing location or every strain. The
16department may not require the sampling and testing of hemp seedlings or clones
17that are intended to be planted and that originated from hemp seed certified under
18par. (c) or from hemp seed or clones approved for growing under par. (f).
SB188,24 19Section 24 . 94.55 (2) (b) 4s. of the statutes is created to read:
SB188,10,2420 94.55 (2) (b) 4s. Following any required sampling and testing, or if the
21department determines that sampling and testing are not required, the department
22shall issue a certificate that states that the hemp has been tested or is not required
23to be tested for delta-9-tetrahydrocannabinol concentration and is in compliance
24with this section and rules promulgated under this section.
SB188,25 25Section 25 . 94.55 (2) (b) 5. of the statutes is amended to read:
194.55 (2) (b) 5. The department shall ensure that any of the following
2information that is in the department's possession relating to a licensee or applicant
3for a license under this section
is confidential and not open to public inspection or
4copying under s. 19.35 (1), except that it shall be made available to a law enforcement
5agency or law enforcement officer:
SB188,11,76 a. Information relating to the locations of industrial hemp fields and processing
production locations.
SB188,11,118 b. Personally identifiable information relating to a person who is lawfully
9engaging in activities related to industrial hemp , unless the person elects, during the
10application and licensing or renewal process, for the department to release any or all
11of the person's personally identifiable information
SB188,11,1412 c. Information obtained about an individual as a result of any criminal history
13search performed in relation to authorizing the individual to engage in activities
14related to industrial hemp.
SB188,11,1615 d. Any other information about activities related to industrial hemp that could
16create a security risk if disclosed.
SB188,26 17Section 26 . 94.55 (2) (c) of the statutes is amended to read:
SB188,12,218 94.55 (2) (c) The department shall establish and administer a certification
19program, or shall designate a member of the Association of Official Seed Certifying
20Agencies or a successor organization to administer a certification program, for
21industrial hemp seed in this state. A certification program under this paragraph
22shall include the testing and certification of delta-9-tetrahydrocannabinol
23concentrations in hemp plants from which certified seed is collected. Participation
24in the certification program shall be voluntary for growers and cultivators producers
25of industrial hemp. The department shall promulgate rules for the administration

1of any certification program established and administered by the department under
2this paragraph.
SB188,27 3Section 27 . 94.55 (2) (e) of the statutes is repealed.
SB188,28 4Section 28 . 94.55 (2) (f) of the statutes is created to read:
SB188,12,85 94.55 (2) (f) Before growing hemp, a hemp producer shall notify the department
6of the variety of hemp the producer intends to grow. A hemp producer may not grow
7hemp unless the department has approved the growth of that variety of hemp or the
8variety of hemp is certified under par. (c).
SB188,29 9Section 29 . 94.55 (2g) of the statutes is created to read:
SB188,12,1310 94.55 (2g) Negligent violations. (a) This subsection applies only to hemp
11producers, and only if the department determines that the hemp producer has
12negligently violated this section or rules promulgated under this section, including
13by negligently doing any of the following:
SB188,12,1514 1. Failing to provide a legal description of land on which the producer produces
SB188,12,1716 2. If required under federal law, failing to obtain a license or other required
17authorization from the department or from the U.S. department of agriculture.
SB188,12,2018 3. Producing Cannabis sativa L. with a delta-9-tetrahydrocannabinol
19concentration of more than 0.3 percent on a dry weight basis or the maximum
20concentration allowed by law up to 1%.
SB188,12,2321 (b) A hemp producer who negligently violates this section or rules promulgated
22under this section shall comply with a plan established by the department to correct
23the negligent violation, which shall include all of the following:
SB188,12,2524 1. A reasonable date by which the hemp producer is required to correct the
25negligent violation.
12. A requirement that the hemp producer periodically report to the department
2on the compliance of the hemp producer with the department's plan for a period of
3not less than the following 2 years.
SB188,13,64 (c) A hemp producer who negligently violates this section or rules promulgated
5under this section 3 times in any 5-year period is ineligible to produce hemp for a
6period of 5 years beginning on the date of the 3rd violation.
SB188,30 7Section 30 . 94.55 (2m) of the statutes is created to read:
SB188,13,118 94.55 (2m) Greater violations. If the department determines that a hemp
9producer has violated this section or rules promulgated under this section with a
10culpable mental state greater than negligence, the department shall immediately
11report the hemp producer to the U.S. attorney general and the department of justice.
SB188,31 12Section 31 . 94.55 (2p) of the statutes is created to read:
SB188,13,1813 94.55 (2p) Felony convictions. No person may produce hemp in this state for
1410 years following any felony conviction relating to a controlled substance under
15state or federal law unless the person holds a valid license, registration, or other
16authorization to produce hemp under a pilot program of any state authorized by
17section 7606 of the federal agricultural act of 2014 on the effective date of this
18subsection .... [LRB inserts date].
SB188,32 19Section 32 . 94.55 (2r) of the statutes is created to read:
SB188,13,2220 94.55 (2r) False statement. Any person who materially falsifies any
21information contained in an application to participate in the hemp program
22established under this section is ineligible to participate in the program.
SB188,33 23Section 33 . 94.55 (2t) of the statutes is created to read:
194.55 (2t) Access to cannabidiol products. Nothing in this section or rules
2promulgated under this section shall be construed as limiting a person's access to
3cannabidiol products under s. 961.32 (2m) (b).
SB188,34 4Section 34 . 94.55 (3) of the statutes, as affected by 2019 Wisconsin Act .... (this
5act), is repealed.
SB188,35 6Section 35 . 94.55 (3) (c) of the statutes is repealed.
SB188,36 7Section 36 . 94.55 (3m) of the statutes is created to read:
SB188,14,88 94.55 (3m) Truth in labeling. (a) No person may do any of the following:
SB188,14,99 1. Mislabel hemp or a hemp product.
SB188,14,1210 2. Knowingly make an inaccurate claim about the content,
11delta-9-tetrahydrocannabinol concentration, quality, or origin of hemp or a hemp
12product in the course of transferring or selling the hemp or hemp product.
SB188,14,1313 3. Knowingly sell at retail mislabelled hemp or hemp products.
SB188,14,1614 (b) The department shall investigate violations of par. (a). The department, or
15any district attorney or the department of justice upon the request of the department,
16may on behalf of the state do any of the following:
SB188,14,1817 1. Bring an action for temporary or permanent injunctive relief in any court of
18competent jurisdiction for any violation of par. (a).
SB188,14,2119 2. Bring an action in any court of competent jurisdiction for the recovery of a
20civil forfeiture against any person who violates par. (a) in an amount not more than
21$1,000 for each violation.
SB188,14,2522 (c) In addition to any other remedies provided by law, any person suffering a
23pecuniary loss because of a violation of par. (a) may bring a civil action to recover
24damages together with costs and disbursements, including reasonable attorney fees,
25and for equitable relief as determined by the court.
1Section 37. 94.55 (3r) of the statutes is created to read:
SB188,15,92 94.55 (3r) Private cause of action for grower contracts. Any contract to
3purchase hemp from a hemp grower in this state shall provide that payment will be
4made to the grower within 7 days of taking possession of the hemp, unless the grower
5voluntarily and knowingly agrees to a different method of payment. In addition to
6any other remedies provided by law, any person suffering a pecuniary loss because
7of a violation of this subsection may bring a civil action to recover damages together
8with costs and disbursements, including reasonable attorney fees, notwithstanding
9s. 814.04 (1), and for equitable relief as determined by the court.
SB188,38 10Section 38 . 94.55 (3w) of the statutes is created to read:
SB188,15,2311 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.
SB188,39 24Section 39 . 94.67 (2) of the statutes is amended to read:
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.
SB188,40 5Section 40 . 94.67 (15c) of the statutes is created to read:
SB188,16,66 94.67 (15c) “Hemp” has the meaning given in s. 94.55 (1).
SB188,41 7Section 41 . 94.67 (15r) of the statutes is repealed.
SB188,42 8Section 42 . 97.02 of the statutes is amended to read:
SB188,16,12 997.02 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.
SB188,43 13Section 43 . 182.001 (3) of the statutes is amended to read:
SB188,16,1714 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.
SB188,44 18Section 44 . 340.01 (50m) (e) of the statutes is repealed.
SB188,45 19Section 45 . 343.305 (8) (b) 2. g. of the statutes is amended to read:
SB188,16,2220 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.
SB188,46 23Section 46 . 343.305 (8) (b) 4m. (intro.) of the statutes is amended to read:
SB188,17,224 343.305 (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:
SB188,47 3Section 47 . 343.305 (8) (b) 4m. a. of the statutes is amended to read: