SB188: Bill Text

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SB188,41 Section 41 . 94.67 (15r) of the statutes is repealed.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SB188,44 Section 44 . 340.01 (50m) (e) of the statutes is repealed.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:

SB188,24,11 961.32 (3) (d) Notwithstanding s. 961.41 (4) (am) 2. a., engaging in an activity described under par. (b) s. 94.55 (2) (a) does not constitute prima facie evidence of a prohibited representation under s. 961.41 (4) (am) 1. a. or b.

SB188,77 Section 77 . 961.34 (2) (a) of the statutes is amended to read:

SB188,24,18 961.34 (2) (a) Upon the request of any physician, the controlled substances board shall aid the physician in applying for and processing an investigational drug permit under 21 USC 355 (i) for cannabidiol as treatment for a seizure disorder medical condition. If the federal food and drug administration issues an investigational drug permit, the controlled substances board shall approve which pharmacies and physicians may dispense cannabidiol products to patients.

SB188,78 Section 78 . 961.34 (2) (b) of the statutes is amended to read:

SB188,24,25 961.34 (2) (b) If cannabidiol is products other than hemp are removed from the list of controlled substances, or if cannabidiol is products are determined not to be a controlled substance substances, under schedule I of 21 USC 812 (c), the controlled substances board shall approve which pharmacies and physicians may dispense cannabidiol products to patients as treatment for a seizure disorder medical condition.

SB188,79 Section 79. 961.38 (1n) (a) of the statutes is amended to read:

SB188,25,4 961.38 (1n) (a) A pharmacy or physician approved under s. 961.34 (2) (a) or (b) may dispense cannabidiol in a form without a psychoactive effect products as a treatment for a medical condition.

SB188,80 Section 80 . 961.38 (1n) (b) of the statutes is amended to read:

SB188,25,9 961.38 (1n) (b) A physician licensed under s. 448.04 (1) (a) may issue an individual a certification, as defined in s. 961.32 (2m) (a), stating that the individual possesses a cannabidiol product to treat a medical condition if the cannabidiol is in a form without a psychoactive effect.

SB188,81 Section 81 . 961.442 (intro.) of the statutes is amended to read:

SB188,25,16 961.442 Penalties; industrial hemp. (intro.) If a person attempts to conceal the commission of a crime under this chapter while representing that he or she is engaging in the planting, growing, cultivating, harvesting, producing, processing, transporting, importing, exporting, selling, transferring, sampling, testing, or taking possession of industrial hemp, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:

SB188,82 Section 82 . 961.55 (9) of the statutes is amended to read:

SB188,26,3 961.55 (9) If a crop intended to be industrial hemp, as defined in s. 94.55 (1), is tested for delta-9-tetrahydrocannabinol levels and the average concentration of delta-9-tetrahydrocannabinol in a whole dry plant is found to exceed 0.7 percent above the permissible limit for industrial hemp on a dry weight basis, as tested using post-decarboxylation or other similarly reliable methods, the entire crop on the field at the growing location where the plant was found shall be seized and destroyed. Before a crop is seized and destroyed under this subsection, the agency whose officers or employees intend to seize and destroy the crop shall provide, to the person licensed under s. 94.55 (3) to grow the crop or to the person's agent or employee, written documentation verifying the test results for the crop that is subject to seizure and destruction.

SB188,83 Section 83 . 967.055 (1m) (b) 5. of the statutes is repealed.

SB188,84 Section 84 . Nonstatutory provisions.

SB188,26,11 (1) Notification. The department of agriculture, trade and consumer protection shall notify the legislative reference bureau when the secretary of the U.S. department of agriculture establishes a plan under section 297C of the Agricultural Marketing Act of 1946. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies the date on which s. 94.55 (3) is repealed, as determined under Section 87 (1 ) of this act.

SB188,26,15 (2) Hemp positions. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 3.0 GPR positions on July 1, 2019, to be funded from the appropriation under s. 20.115 (7) (f), for the purpose of regulating activities relating to hemp under s. 94.55.

SB188,85 Section 85 . Fiscal changes.