(5) “Destroy” means incinerate, till under the soil, compost, or dispose of in another manner approved by the department.
(6) “Distribute" means to sell, offer to sell, exchange, barter, or solicit orders for the sale of hemp or otherwise supply or furnish hemp to purchasers of hemp in this state, whether or not the transactions are made wholly or partially in this state or another state.
(7) “Division” means the division of agricultural resource management.
(8) “Fit for commerce certificate” means a document issued by the department or another state, Indian tribe, or the United States department of agriculture attesting that the hemp has been lawfully produced in compliance with this chapter or another state, tribal, or United States department of agriculture hemp program under Section 7606 of the Agricultural Act of 2014 or Section 10113 of the Agricultural Improvement Act of 2018.
(9) “Grower license” means the document that is issued by the department to a person after a successful grower application and review process and submission of all licensing fees.
(10) “Growing location” means a physical premises where a licensee operates as a hemp grower. A growing location may consist of multiple facilities, fields, greenhouses, or lots.
(11) “Harvest” means to remove from the growing substrate or to remove any part from the plant while in the growing substrate including seeds, flowers, buds, cuttings (plant sections originating from stems, leaves, or roots and capable of developing into new plants), leaves, or any other part of the plant for purposes of propagation, distribution, sale, or further use. Harvest does not include culling plants or plant parts if the plants or plant parts are subsequently destroyed.
(12) “Hemp” means the plant Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods. “Hemp” does not include a prescription drug product that has been approved by the U.S. food and drug administration.
(13) “Licensee” means a person possessing a grower license or processor license.
(14) “Lot” means a contiguous area in a field, greenhouse, facility, or growing structure containing the same variety or strain of hemp throughout the area.
(15) “Person” means an individual, corporation, partnership, limited liability company, government or governmental subdivision, or other legal entity.
(16) “Pilot program” means the department’s hemp research pilot program established under s. 94.55 (3), Stats., and this chapter. (17) “Processor license” means a document that is issued to a person after a successful processor application and receipt of all fees.
(18) “Registration” means the annual submission by a licensee of a registration form provided by the department, registration fees, and research agreement or other information as required by the department.
(19) “Registration fee” means the applicable amount that shall be paid by a licensee annually in order to plant, grow, cultivate, or operate.
(20) “Research agreement” means a contract between the department and the licensee, detailing the rules of the pilot program. This is a legally binding agreement between the state of Wisconsin and the applicant. Failure to adhere to the research agreement may result in removal from the pilot program.
(21) “THC” means total delta-9 tetrahydrocannabinol, or total delta-9 THC. Delta-9 THC is the primary psychoactive component of cannabis. Delta-9 THC and THC are interchangeable.
(22) “Variety” means a form of a plant created through plant breeding and cultivation. Cultivar, variety, and strain are interchangeable.
ATCP 22.03 Pilot program license.
(1) Grower license required. No person may operate as a hemp grower without a grower license from the department. A grower license issued under this chapter does not expire unless the pilot program expires or the license is revoked, but an annual registration shall be completed. A grower license may not be transferred to another person. The grower license allows a person to plant, possess, cultivate, grow, and harvest hemp under Wisconsin law. A grower license allows a person to store, handle, and convert into a marketable form under Wisconsin law the hemp cultivated, grown, and harvested under this grower license.
(2) Grower license application. A person applying for a grower license shall apply on a form provided by the department. An applicant shall provide all of the following to the department:
(a) The applicant’s legal name and address and any other name under which the applicant does business. If the applicant is a business entity, the full name of the business, the principal Wisconsin business location address, the full name of the individual who is authorized to sign on behalf of the business entity, phone number, and email address.
(b) If the applicant is a business entity, the name, title, and email address of the individual who will be primarily responsible for the hemp operations of the business entity and who will be the subject of the federal and state criminal background check.
(c) Informed consent form authorizing the department to conduct a federal and state criminal background check.
(d) The global positioning system coordinates for the center of each growing location where hemp will be planted, grown, cultivated, or harvested.
(e) Maps depicting each growing location where hemp will be planted, grown, cultivated, harvested, or processed with appropriate designation for entrances, boundaries, lots, and specific locations corresponding to the global positioning system coordinates and street address.
(f) Number of acres or square footage to be planted. The number of acres or square footage should be the maximum the applicant intends to plant, grow, cultivate, or harvest. Any increase in acres or square footage requires a license amendment and associated additional fees pursuant to s. 22.03 (7), Stats. (g) A description of the research being conducted under the registration.
(h) A signed research agreement.
(i) Other information reasonably required by the department.
(3) Processor License Required. No person may operate as a hemp processor without a processor license from the department. A processor license does not expire, unless the pilot program expires or the license is revoked, but an annual registration shall be completed. A processor license may not be transferred to another person. The processor license allows a person to store, handle, and convert hemp into a marketable form under Wisconsin law.
(4) Processor License Application. A person applying for a hemp processor license shall apply on a form provided by the department. An applicant shall provide all of the following:
(a) The applicant’s legal name and any name under which the applicant does business, address, phone number, and email address. If the applicant is a business entity, the full name of the business, the principal Wisconsin business location address, the full name of the individual who is authorized to sign on behalf of the business entity, phone number, and email address.
(b) If the applicant is a business entity, the name, title, phone number, and email address of the individual who will be primarily responsible for the hemp operations of the business entity and who will be the subject of the federal and state criminal background check.
(c) Informed consent form authorizing the department to conduct a federal and state criminal background check.
(d) Maps and the street address and global positioning system coordinates for each building or site where hemp will be processed, handled, or stored.
(e) A description of the research being conducted under the registration.
(f) Planned source of hemp.
(g) A signed research agreement.
(h) Other information reasonably required by the department.
(5) Background check required. Each applicant for a grower license or processor license shall submit to a background check conducted by the department as a condition of licensure. No grower license or processor license may be issued to an applicant who has ever been convicted of a criminal violation of the federal Controlled Substances Act under 21 USC 801 to 971, the Uniform Controlled Substances Act under ch. 961, Stats., or any controlled substances law of another state, as indicated in the information obtained from the criminal history search. (6) Grower license fees. A grower license application under sub. (2), shall include a nonrefundable license fee of $150 or, for a license covering 31 or more acres, $5 multiplied by the number of acres on which the person will plant, grow, cultivate, or harvest hemp, not to exceed $1,000.
(7) Amending a license.
(a) If any of the information included in the licensee’s application changes, the licensee shall submit a request to amend the grower license or processor license on a form provided by the department and pay a fee of $50 for each amendment form submitted.
(b) A licensee seeking to grow additional acres beyond what the grower license authorizes is not required to pay an amendment fee if the change is made during the annual registration process.
(c) A licensee seeking to grow additional acres beyond what the grower license authorizes shall pay $5 per additional acre, not to exceed a maximum of $850.
(d) A licensee may not utilize growing locations or additional acreage or square footage prior to the department accepting the request to amend the license.
(e) If a licensee that is a business entity changes the individual who will be primarily responsible for participation in the pilot program, the licensee shall pay the actual cost for a background check for the new contact.
(8) Denying a license. The department shall deny a grower license or processor license to any applicant if the applicant does any of the following:
(a) Fails to provide all required information or the initial application fee. A license may be issued at the department’s discretion if the applicant provides the required information and fees.
(b) Fails the state and federal criminal background check required under sub. (5), as determined by the department.
(9) Suspending a grower license or a processor license. (a) The department may suspend a grower license or processor license if the licensee does any of the following:
1. Fails to submit a complete final production report by December 15 of each year.
2. Fails to pay invoiced fees or the registration fee.
3. Possesses harvested hemp without a fit for commerce certificate as required by s. ATCP 22.12 or harvested hemp not sampled as required by s. ATCP 22.09. (b) A person whose grower license or processor license is suspended may not plant, grow, cultivate, harvest, sample, test, process, transport, transfer, sell, import, export or otherwise remove hemp or other cannabis from the premises where it was located at the time the department issued the notice of suspension, except as authorized in writing by the department.
(c) A suspended grower license or processor license may be restored at the department’s discretion.
(10) Revoking a license. The department may revoke a grower license or processor
license if a grower licensee or processor licensee does any of the following:
(a) Is convicted of a criminal violation of the federal Controlled Substances Act under 21 USC 801 to 971, ch. 961, Stats., or any controlled substances law of another state. (b) Engages in any activities prohibited under this chapter, s. 94.55 Stats., or a research agreement. (c) Makes any false statement related to the licensee’s participation in the pilot program to the department or its representative.
(d) Fails to comply with any requirement of this chapter, s. 94.55 Stats., or a research agreement. (e) Fails to comply with any instruction or order related to the licensee’s participation in the pilot program from the department or any law enforcement officer.
(f) Possesses harvested hemp without a fit for commerce certificate as required by s. ATCP 22.12 or harvested hemp not sampled as required by s. ATCP 22.09. (11) Operating without a grower license or processor license. Notwithstanding s. ATCP 22.15, any hemp grown or processed by a person without a hemp grower license or processor license may be destroyed and may result in enforcement and penalties under s. 94.55 (2m), Stats. ATCP 22.04. Annual registration
(1) Licensed growers shall register with the department each year the licensed grower plans to plant, grow, and cultivate hemp. A registration expires on December 31 annually. Licensed growers shall pay an annual registration fee of $350.
(2) Licensed processors shall register with the department each year the licensed processor plans to operate. A registration expires on December 31 annually. Licensed processors shall pay an annual registration fee of $100.
ATCP 22.05. Reporting and records
(1) Reporting requirements. (a) A licensed grower shall submit the following reports on forms provided by the department or in a manner specified by the department, by the due date specified by the department:
1.
A planting report shall be submitted to the department by July 1 of each year and within 30 days of planting. A planting report shall include:a.
Address of each growing location.b.
Name of each variety planted at each lot.c.
Global positioning system coordinates of each lot. d.
Maps depicting each growing location including each lot, lot entrances, lot boundaries, and other lot-specific information. e.
Number of acres or greenhouse square footage planted at each lot.f.
A statement that no planting has occurred if the grower has not planted, grown, or cultivated hemp.2.
A final production report shall be submitted by October 31, 2020. A final production report shall include: g.
Total acres or square footage of hemp harvested.h.
Total acres or square footage of hemp destroyed. i.
Total weight or volume of hemp harvested. j.
Name of variety planted at each lot. k.
Percentage of total harvest sold. l.
Final disposition and destination of hemp, including any hemp destroyed. 3.
Any other reports requested by the department.(b)
A licensed processor shall submit to the department by October 31, 2020, a final processing report that includes the quantity of hemp received from licensed growers and the licensed processor’s intended markets for all hemp received.
