94.55 (1) of the statutes is amended to read:
94.55 (1) Definition.
In this section, “industrial
hemp” means the plant 9
Cannabis sativa, or L. and
any part of the that
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 12
concentration of no not
more than 0.3 percent on a dry weight basis or the maximum 13
concentration 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
94.55 (2) (title) of the statutes is amended to read:
(title) Regulation of
94.55 (2) (a) of the statutes is amended to read:
(a) Subject to the provisions under this
, a person 24
may plant, grow, cultivate, harvest, produce,
sample, test, process, transport,
transfer, take possession of, sell, import, and export industrial
hemp in this state to 2
the greatest extent allowed under federal law.
94.55 (2) (am) of the statutes is created to read:
(am) The department shall issue licenses to hemp producers if hemp 5
producers are required to hold a license to produce hemp under federal law and if the 6
secretary of the U.S. department of agriculture has approved this state's hemp 7
program. If the department issues such licenses, no person may produce hemp 8
without a license from the department. Licenses from the department may authorize 9
the planting, growing, cultivating, harvesting, producing, sampling, testing, 10
processing, transporting, transferring, taking possession, selling, importing, and 11
exporting of hemp. The department shall identify the requirements for applying for 12
a license, approving or denying a license, and suspending or revoking a license, and 13
shall identify the restrictions and obligations that apply to operating under a license. 14
The department may restrict license eligibility based on a violation reported under 15
sub. (2m). The department shall accept license applications throughout the calendar 16
year. The department may set license terms and may set late fees for license 17
94.55 (2) (b) 2. of the statutes is amended to read:
(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 21
activities described in par. (a) only to the extent required under federal law, and in 22
a manner that allows the people of this state to have the greatest possible 23
opportunity to engage in those activities.
94.55 (2) (b) 2m. of the statutes is created to read:
(b) 2m. The department may establish all of the following:
a. A practice to maintain relevant information regarding land on which hemp 2
is produced in this state, including a legal description of the land, as defined by the 3
department, for a period of not less than 3 years.
b. A procedure for testing, using post-decarboxylation or other similarly 5
reliable methods, delta-9-tetrahydrocannabinol concentration levels of hemp.
c. A procedure for the effective disposal of plants, whether growing or not, that 7
are produced in violation of this section, and products derived from those plants.
d. A procedure to comply with the enforcement provisions under subs. (2g) and 9
e. A procedure for conducting annual inspection of, at a minimum, a random 11
sample of hemp producers to verify that hemp is not produced in violation of this 12
94.55 (2) (b) 3. of the statutes is amended to read:
(b) 3. The department shall promulgate rules, as the department
15determines to be
necessary, to ensure the quality of industrial
hemp grown or
in this state, the security of activities related to industrial
and the safety of products produced from industrial
hemp, including any necessary 18
testing; 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;
verify adherence to laws and rules governing activities related to
and to enforce violations of those laws and rules.
94.55 (2) (b) 4. of the statutes is amended to read:
(b) 4. The department shall require the payment of an initial fee from 24
any person who plants, grows, or cultivates industrial produces
hemp in this state 25
equal to the greater of $150 or $5 multiplied by the number of acres on which the
person 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 3
activities related to industrial
hemp are regulated by the department under this 4
paragraph, in an amount not to exceed an amount sufficient to cover the costs to the 5
department 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.
94.55 (2) (b) 4g. of the statutes is created to read:
(b) 4g. The department may set criteria for approving persons to 10
undertake any sampling and testing required by the department by rule. The 11
department shall approve persons that meet the criteria to the extent allowed under 12
94.55 (2) (b) 4m. of the statutes is created to read:
(b) 4m. When sampling and testing a crop of hemp, the department 15
is not required to sample and test every growing location or every strain. The 16
department may not require the sampling and testing of hemp seedlings or clones 17
that are intended to be planted and that originated from hemp seed certified under 18
par. (c) or from hemp seed or clones approved for growing under par. (f).
94.55 (2) (b) 4s. of the statutes is created to read:
(b) 4s. Following any required sampling and testing, or if the 21
department determines that sampling and testing are not required, the department 22
shall issue a certificate that states that the hemp has been tested or is not required 23
to be tested for delta-9-tetrahydrocannabinol concentration and is in compliance 24
with this section and rules promulgated under this section.
94.55 (2) (b) 5. of the statutes is amended to read:
(b) 5. The department shall ensure that any of the following 2
information 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 4
copying under s. 19.35 (1), except that it shall be made available to a law enforcement 5
agency or law enforcement officer:
a. Information relating to the locations of industrial
hemp fields and processing
7locations production locations
b. Personally identifiable information relating to a person who is lawfully 9
engaging in activities related to industrial
, 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
c. Information obtained about an individual as a result of any criminal history 13
search performed in relation to authorizing the individual to engage in activities 14
related to industrial
d. Any other information about activities related to industrial
hemp that could 16
create a security risk if disclosed.
94.55 (2) (c) of the statutes is amended to read:
(c) The department shall establish and administer a certification 19
program, or shall designate a member of the Association of Official Seed Certifying 20
Agencies or a successor organization to administer a certification program, for 21industrial
hemp seed in this state. A certification program under this paragraph 22
shall include the testing and certification of delta-9-tetrahydrocannabinol 23
concentrations in hemp plants from which certified seed is collected
. Participation 24
in the certification program shall be voluntary for growers and cultivators producers 25
hemp. The department shall promulgate rules for the administration
of any certification program established and administered by the department under 2
94.55 (2) (e) of the statutes is repealed.
94.55 (2) (f) of the statutes is created to read:
(f) Before growing hemp, a hemp producer shall notify the department 6
of the variety of hemp the producer intends to grow. A hemp producer may not grow 7
hemp unless the department has approved the growth of that variety of hemp or the 8
variety of hemp is certified under par. (c).
94.55 (2g) of the statutes is created to read:
94.55 (2g) Negligent violations.
(a) This subsection applies only to hemp 11
producers, and only if the department determines that the hemp producer has 12
negligently violated this section or rules promulgated under this section, including 13
by negligently doing any of the following:
1. Failing to provide a legal description of land on which the producer produces 15
2. If required under federal law, failing to obtain a license or other required 17
authorization from the department or from the U.S. department of agriculture.
3. Producing Cannabis sativa L. with a delta-9-tetrahydrocannabinol 19
concentration of more than 0.3 percent on a dry weight basis or the maximum 20
concentration allowed by law up to 1%.
(b) A hemp producer who negligently violates this section or rules promulgated 22
under this section shall comply with a plan established by the department to correct 23
the negligent violation, which shall include all of the following:
1. A reasonable date by which the hemp producer is required to correct the 25
2. A requirement that the hemp producer periodically report to the department 2
on the compliance of the hemp producer with the department's plan for a period of 3
not less than the following 2 years.
(c) A hemp producer who negligently violates this section or rules promulgated 5
under this section 3 times in any 5-year period is ineligible to produce hemp for a 6
period of 5 years beginning on the date of the 3rd violation.
94.55 (2m) of the statutes is created to read:
94.55 (2m) Greater violations.
If the department determines that a hemp 9
producer has violated this section or rules promulgated under this section with a 10
culpable mental state greater than negligence, the department shall immediately 11
report the hemp producer to the U.S. attorney general and the department of justice.
94.55 (2p) of the statutes is created to read:
94.55 (2p) Felony convictions.
No person may produce hemp in this state for 14
10 years following any felony conviction relating to a controlled substance under 15
state or federal law unless the person holds a valid license, registration, or other 16
authorization to produce hemp under a pilot program of any state authorized by 17
section 7606 of the federal agricultural act of 2014 on the effective date of this 18
subsection .... [LRB inserts date].
94.55 (2r) of the statutes is created to read:
94.55 (2r) False statement.
Any person who materially falsifies any 21
information contained in an application to participate in the hemp program 22
established under this section is ineligible to participate in the program.
94.55 (2t) of the statutes is created to read:
94.55 (2t) Access to cannabidiol products
. Nothing in this section or rules 2
promulgated under this section shall be construed as limiting a person's access to 3
cannabidiol products under s. 961.32 (2m) (b).
94.55 (3) of the statutes, as affected by 2019 Wisconsin Act .... (this 5
act), is repealed.
94.55 (3) (c) of the statutes is repealed.
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, 11
delta-9-tetrahydrocannabinol concentration, quality, or origin of hemp or a hemp 12
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 15
any district attorney or the department of justice upon the request of the department, 16
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 18
competent jurisdiction for any violation of par. (a).
2. Bring an action in any court of competent jurisdiction for the recovery of a 20
civil forfeiture against any person who violates par. (a) in an amount not more than 21
$1,000 for each violation.
(c) In addition to any other remedies provided by law, any person suffering a 23
pecuniary loss because of a violation of par. (a) may bring a civil action to recover 24
damages together with costs and disbursements, including reasonable attorney fees, 25
and for equitable relief as determined by the court.
94.55 (3r) of the statutes is created to read:
94.55 (3r) Private cause of action for grower contracts.
Any contract to 3
purchase hemp from a hemp grower in this state shall provide that payment will be 4
made to the grower within 7 days of taking possession of the hemp, unless the grower 5
voluntarily and knowingly agrees to a different method of payment. In addition to 6
any other remedies provided by law, any person suffering a pecuniary loss because 7
of a violation of this subsection may bring a civil action to recover damages together 8
with costs and disbursements, including reasonable attorney fees, notwithstanding 9
s. 814.04 (1), and for equitable relief as determined by the court.
94.55 (3w) of the statutes is created to read:
94.55 (3w) Emergency rules.
When promulgating rules under this section, the 12
department may, as necessary, use the procedure under s. 227.24 to promulgate 13
emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating 14
emergency rules under this subsection, the department is not required to provide 15
evidence that promulgating a rule under this subsection as an emergency rule is 16
necessary for the preservation of the public peace, health, safety, or welfare and is 17
not required to provide a finding of emergency for a rule promulgated under this 18
subsection. Notwithstanding s. 227.24 (1) (c) and (2), initial emergency rules and 19
subsequent emergency rules promulgated under this subsection remain in effect 20
until 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 22
department is not required to prepare a statement of scope of the rules or to submit 23
the proposed rules in final draft form to the governor for approval.
94.67 (2) of the statutes is amended to read:
“Agricultural commodity" means any plant or part of a plant, animal, 2
or animal product produced by a person primarily for sale, consumption, 3
propagation, or other use by humans or animals. “Agricultural commodity” includes 4industrial
94.67 (15c) of the statutes is created to read:
“Hemp” has the meaning given in s. 94.55 (1).
94.67 (15r) of the statutes is repealed.
97.02 of the statutes is amended to read:
997.02 Standards; adulterated food.
For the purposes of this chapter, a food 10
is adulterated if it is adulterated within the meaning of 21 USC 342
, except that the 11
department 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
182.001 (3) of the statutes is amended to read:
182.001 (3) Prohibited activities.
Those farming operations prohibited under 15
this section are the production of dairy products not including the processing of such 16
dairy products; the production of cattle, hogs and sheep; and the production of wheat, 17
field corn, barley, oats, rye, hay, pasture, soybeans, millet and,
sorghum, and hemp
340.01 (50m) (e) of the statutes is repealed.
343.305 (8) (b) 2. g. of the statutes is amended to read:
(b) 2. g. Whether the person had a valid prescription for 21
methamphetamine 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.
343.305 (8) (b) 4m. (intro.) of the statutes is amended to read:
(b) 4m. (intro.) If, at the time the offense allegedly occurred, all of 25
the following apply, the hearing officer shall determine whether the person had a
valid prescription for methamphetamine or one of its metabolic precursors, or 2
gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol
343.305 (8) (b) 4m. a. of the statutes is amended to read:
(b) 4m. a. A blood test administered in accordance with this section 5
indicated that the person had a detectable amount of methamphetamine
, or 6
gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol
but did not have a 7
detectable amount of any other restricted controlled substance in his or her blood.
343.305 (8) (b) 5. c. of the statutes is amended to read:
(b) 5. c. In a case in which subd. 4m. a. and b. apply, the person had 10
a valid prescription for methamphetamine or one of its metabolic precursors, or 11
gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol