SB188: Bill Text

SB188,32 Section 32 . 94.55 (2r) of the statutes is created to read:

SB188,13,22 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.

SB188,33 Section 33 . 94.55 (2t) of the statutes is created to read:

SB188,14,3 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).

SB188,34 Section 34 . 94.55 (3) of the statutes, as affected by 2019 Wisconsin Act .... (this act), is repealed.

SB188,35 Section 35 . 94.55 (3) (c) of the statutes is repealed.

SB188,36 Section 36 . 94.55 (3m) of the statutes is created to read:

SB188,14,8 94.55 (3m) Truth in labeling. (a) No person may do any of the following:

SB188,14,9 1. Mislabel hemp or a hemp product.

SB188,14,12 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.

SB188,14,13 3. Knowingly sell at retail mislabelled hemp or hemp products.

SB188,14,16 (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:

SB188,14,18 1. Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of par. (a).

SB188,14,21 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.

SB188,14,25 (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.

SB188,37 Section 37. 94.55 (3r) of the statutes is created to read:

SB188,15,9 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.

SB188,38 Section 38 . 94.55 (3w) of the statutes is created to read:

SB188,15,23 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.

SB188,39 Section 39 . 94.67 (2) of the statutes is amended to read:

SB188,16,4 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.

SB188,40 Section 40 . 94.67 (15c) of the statutes is created to read:

SB188,16,6 94.67 (15c) “Hemp” has the meaning given in s. 94.55 (1).

SB188,41 Section 41 . 94.67 (15r) of the statutes is repealed.

SB188,42 Section 42 . 97.02 of the statutes is amended to read:

SB188,16,12 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.

SB188,43 Section 43 . 182.001 (3) of the statutes is amended to read:

SB188,16,17 182.001 (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.

SB188,44 Section 44 . 340.01 (50m) (e) of the statutes is repealed.

SB188,45 Section 45 . 343.305 (8) (b) 2. g. of the statutes is amended to read:

SB188,16,22 343.305 (8) (b) 2. g. Whether the person had a valid prescription for methamphetamine or one of its metabolic precursors or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol in a case in which subd. 4m. a. and b. apply.

SB188,46 Section 46 . 343.305 (8) (b) 4m. (intro.) of the statutes is amended to read:

SB188,17,2 343.305 (8) (b) 4m. (intro.) If, at the time the offense allegedly occurred, all of the following apply, the hearing officer shall determine whether the person had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol:

SB188,47 Section 47 . 343.305 (8) (b) 4m. a. of the statutes is amended to read:

SB188,17,7 343.305 (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 delta-9-tetrahydrocannabinol but did not have a detectable amount of any other restricted controlled substance in his or her blood.

SB188,48 Section 48 . 343.305 (8) (b) 5. c. of the statutes is amended to read:

SB188,17,11 343.305 (8) (b) 5. c. In a case in which subd. 4m. a. and b. apply, the person had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB188,49 Section 49 . 346.63 (1) (d) of the statutes is amended to read:

SB188,17,19 346.63 (1) (d) In an action under par. (am) that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB188,50 Section 50 . 346.63 (2) (b) 2. of the statutes is amended to read:

SB188,18,2 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB188,51 Section 51 . 348.27 (18) (a) 1. f. of the statutes is amended to read:

SB188,18,4 348.27 (18) (a) 1. f. Industrial hemp Hemp, as defined in s. 94.67 (15r) (15c).

SB188,52 Section 52 . 350.01 (10v) (e) of the statutes is repealed.

SB188,53 Section 53 . 350.101 (1) (e) of the statutes is amended to read:

SB188,18,13 350.101 (1) (e) Defenses. In an action under par. (bm) that is based on the defendant allegedly having a detectable amount of methamphetamine , or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB188,54 Section 54 . 350.101 (2) (d) 2. of the statutes is amended to read:

SB188,18,21 350.101 (2) (d) 2. In an action under par. (bm) that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB188,55 Section 55 . 885.235 (1) (d) 5. of the statutes is repealed.

SB188,56 Section 56 . 939.22 (33) (e) of the statutes is repealed.

SB188,57 Section 57 . 940.09 (2) (b) of the statutes is amended to read:

SB188,19,8 940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that is based on the defendant allegedly having a detectable amount of methamphetamine or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol.

SB188,58 Section 58 . 940.25 (2) (b) of the statutes is amended to read:

SB188,19,16 940.25 (2) (b) In any action under this section that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB188,59 Section 59 . 941.20 (1) (bm) of the statutes is amended to read:

SB188,20,2 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine , or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB188,60 Section 60 . 961.01 (3r) of the statutes is created to read:

SB188,20,6 961.01 (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.

SB188,61 Section 61 . 961.01 (14) of the statutes is amended to read:

SB188,20,17 961.01 (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).

SB188,62 Section 62 . 961.14 (4) (t) 1. of the statutes is amended to read:

SB188,20,21 961.14 (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).

SB188,63 Section 63 . 961.14 (4) (t) 3. of the statutes is created to read:

SB188,20,24 961.14 (4) (t) 3. Tetrahydrocannabinols contained in hemp, as defined in s. 94.55 (1).

SB188,64 Section 64 . 961.32 (2m) (b) of the statutes is amended to read:

SB188,21,8 961.32 (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.

SB188,65 Section 65 . 961.32 (3) (a) 1. and 2. of the statutes are amended to read:

SB188,21,12 961.32 (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.

SB188,21,13 2. “Industrial hemp" “Hemp” has the meaning given in s. 94.55 (1).

SB188,66 Section 66 . 961.32 (3) (b) (intro.) of the statutes is amended to read:

SB188,21,20 961.32 (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:

SB188,67 Section 67 . 961.32 (3) (b) 1. of the statutes is amended to read:

SB188,22,2 961.32 (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).

SB188,68 Section 68 . 961.32 (3) (b) 2. of the statutes is repealed.

SB188,69 Section 69 . 961.32 (3) (b) 3. of the statutes is amended to read:

SB188,22,13 961.32 (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.

SB188,70 Section 70 . 961.32 (3) (b) 4. of the statutes is amended to read:

SB188,22,23 961.32 (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.

SB188,71 Section 71 . 961.32 (3) (b) 4m. of the statutes is created to read:

SB188,23,4 961.32 (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.

SB188,72 Section 72 . 961.32 (3) (b) 4r. of the statutes is created to read:

SB188,23,10 961.32 (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.

SB188,73 Section 73 . 961.32 (3) (b) 5. of the statutes is amended to read:

SB188,23,14 961.32 (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.

SB188,74 Section 74 . 961.32 (3) (c) of the statutes is amended to read:

SB188,24,2 961.32 (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.

SB188,75 Section 75 . 961.32 (3) (cm) of the statutes is created to read:

SB188,24,7 961.32 (3) (cm) A hemp producer that negligently violates s. 94.55 or a rule promulgated under s. 94.55, as described under s. 94.55 (2g) (a), may not be prosecuted under s. 94.55 or this chapter or an ordinance enacted under s. 59.54 (25) or 66.0107 (1) (bm).

SB188,76 Section 76 . 961.32 (3) (d) of the statutes is amended to read: