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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
15hemp.
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.
SB188,13,3
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:
SB188,14,3
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.
SB188,37
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:
SB188,16,4
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.
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:
SB188,17,74 343.305 (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.
SB188,48 8Section 48 . 343.305 (8) (b) 5. c. of the statutes is amended to read:
SB188,17,119 343.305 (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.
SB188,49 12Section 49 . 346.63 (1) (d) of the statutes is amended to read:
SB188,17,1913 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.
SB188,50 20Section 50 . 346.63 (2) (b) 2. of the statutes is amended to read:
SB188,18,221 346.63 (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.
SB188,51 3Section 51 . 348.27 (18) (a) 1. f. of the statutes is amended to read:
SB188,18,44 348.27 (18) (a) 1. f. Industrial hemp Hemp, as defined in s. 94.67 (15r) (15c).
SB188,52 5Section 52 . 350.01 (10v) (e) of the statutes is repealed.
SB188,53 6Section 53 . 350.101 (1) (e) of the statutes is amended to read:
SB188,18,137 350.101 (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.
SB188,54 14Section 54 . 350.101 (2) (d) 2. of the statutes is amended to read:
SB188,18,2115 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.
SB188,55 22Section 55 . 885.235 (1) (d) 5. of the statutes is repealed.
SB188,56 23Section 56 . 939.22 (33) (e) of the statutes is repealed.
SB188,57 24Section 57 . 940.09 (2) (b) of the statutes is amended to read:
SB188,19,8
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
.
SB188,58 9Section 58 . 940.25 (2) (b) of the statutes is amended to read:
SB188,19,1610 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.
SB188,59 17Section 59 . 941.20 (1) (bm) of the statutes is amended to read:
SB188,20,218 941.20 (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
.
SB188,60 3Section 60 . 961.01 (3r) of the statutes is created to read:
SB188,20,64 961.01 (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.
SB188,61 7Section 61 . 961.01 (14) of the statutes is amended to read:
SB188,20,178 961.01 (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).
SB188,62 18Section 62 . 961.14 (4) (t) 1. of the statutes is amended to read:
SB188,20,2119 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).
SB188,63 22Section 63 . 961.14 (4) (t) 3. of the statutes is created to read:
SB188,20,2423 961.14 (4) (t) 3. Tetrahydrocannabinols contained in hemp, as defined in s.
2494.55 (1).
SB188,64 25Section 64 . 961.32 (2m) (b) of the statutes is amended to read:
SB188,21,8
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.
SB188,65 9Section 65 . 961.32 (3) (a) 1. and 2. of the statutes are amended to read:
SB188,21,1210 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
.
SB188,21,1313 2. “Industrial hemp" “Hemp” has the meaning given in s. 94.55 (1).
SB188,66 14Section 66 . 961.32 (3) (b) (intro.) of the statutes is amended to read:
SB188,21,2015 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:
SB188,67 21Section 67 . 961.32 (3) (b) 1. of the statutes is amended to read:
SB188,22,222 961.32 (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)
.
SB188,68 3Section 68 . 961.32 (3) (b) 2. of the statutes is repealed.
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