SB188: Bill Text

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.

SB188,26,21 (1) Purchase of machinery. In the schedule under s. 20.005 (3) for the appropriation to the department of agriculture, trade and consumer protection under s. 20.115 (7) (a), the dollar amount for fiscal year 2018-19 is increased by $300,000 for the purchase or acquisition of machinery and other assets for the hemp program under s. 94.55.

SB188,86 Section 86 . Initial applicability.

SB188,26,25 (1) Hemp purchase contracts. The treatment of s. 94.55 (3r) first applies to a contract that is entered into, renewed, or modified on the effective date of this subsection.

SB188,87 Section 87 . Effective dates. This act takes effect on the day after publication, except as follows:

SB188,27,5 (1) The repeal of s. 94.55 (3) (by Section 34) takes effect one year after the date on which the secretary of the U.S. department of agriculture establishes a plan under section 297C of the Agricultural Marketing Act of 1946.

SB188,27,6 (End)