Amendment SA1-SB188

LRBa0442/1

MCP/ZDW/EAW:all

2019 - 2020 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE BILL 188

August 12, 2019 - Offered by Senators Testin and L. Taylor.

SB188-SA1,1,1 At the locations indicated, amend the bill as follows:

SB188-SA1,1,3 1. Page 2, line 5: delete the material beginning with “granting" and ending with “appropriation" on line 6 and substitute “and granting rule-making authority”.

SB188-SA1,1,5 2. Page 4, line 1: delete the material beginning with that line and ending with page 7, line 4, and substitute:

SB188-SA1,1,6 “ Section 4m. 23.33 (1) (jo) 5. of the statutes is amended to read:

SB188-SA1,1,9 23.33 (1) (jo) 5. Delta-9-tetrahydrocannabinol , excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.

SB188-SA1,7m Section 7m. 23.335 (1) (zgm) 5. of the statutes is amended to read:

SB188-SA1,1,13 23.335 (1) (zgm) 5. Delta-9-tetrahydrocannabinol , excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.

SB188-SA1,10m Section 10m. 30.50 (10m) (e) of the statutes is amended to read:

SB188-SA1,2,4 30.50 (10m) (e) Delta-9-tetrahydrocannabinol , excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.”.

SB188-SA1,2,14 3. Page 13, line 13: before “No person may" insert “The department, with the assistance of the department of justice, shall, if required for federal authorization of this state's hemp program, conduct a background investigation of any person who applies to the department to produce hemp in this state, which shall include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.".

SB188-SA1,2,15 4. Page 13, line 15: delete “holds" and substitute “held".

SB188-SA1,2,18 5. Page 13, line 17: delete the material beginning with “the effective date" and ending with “[LRB inserts date]" on line 18 and substitute “December 20, 2018, and the felony conviction occurred prior to that date”.

SB188-SA1,2,20 6. Page 16, line 18: delete the material beginning with that line and ending with page 18, line 2, and substitute:

SB188-SA1,2,21 “ Section 44m. 340.01 (50m) (e) of the statutes is amended to read:

SB188-SA1,2,24 340.01 (50m) (e) Delta-9-tetrahydrocannabinol , excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.

SB188-SA1,47m Section 47m. 343.305 (8) (b) 4m. a. of the statutes is amended to read:

SB188-SA1,3,7 343.305 (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 a concentration of one or more nanograms of delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, per milliliter of the person's blood but did not have a detectable amount of any other restricted controlled substance in his or her blood.”.

SB188-SA1,3,9 7. Page 18, line 5: delete the material beginning with that line and ending with page 20, line 2, and substitute:

SB188-SA1,3,10 “ Section 52m. 350.01 (10v) (e) of the statutes is amended to read:

SB188-SA1,3,13 350.01 (10v) (e) Delta-9-tetrahydrocannabinol , excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.

SB188-SA1,54g Section 54g. 446.01 (2) (a) of the statutes is amended to read:

SB188-SA1,3,21 446.01 (2) (a) To examine into the fact, condition, or cause of departure from complete health and proper condition of the human; to treat without the use of drugs as defined in s. 450.01 (10), other than hemp, as defined under s. 94.55 (1), or surgery; to counsel; to advise for the same for the restoration and preservation of health or to undertake, offer, advertise, announce or hold out in any manner to do any of the aforementioned acts, for compensation, direct or indirect or in expectation thereof; and

SB188-SA1,54n Section 54n. 450.03 (1) (k) of the statutes is created to read:

SB188-SA1,4,3 450.03 (1) (k) A person who sells, gives away, or barters hemp, as defined in s. 94.55 (1), or takes any of the actions described in s. 450.01 (16) (a) to (k) in relation to hemp.

SB188-SA1,54r Section 54r. 450.07 (1) of the statutes is amended to read:

SB188-SA1,4,8 450.07 (1) No Except as provided under sub. (1m), no person may engage in manufacturing in this state unless the person obtains a manufacturer's license from the board. For the issuance of a license under this subsection, the applicant shall pay the initial credential fee determined by the department under s. 440.03 (9) (a).

SB188-SA1,54w Section 54w. 450.07 (1m) of the statutes is created to read:

SB188-SA1,4,11 450.07 (1m) A license is not required under this section for a person to engage in manufacturing of hemp, as defined in s. 94.55 (1).

SB188-SA1,55g Section 55g. 885.235 (1) (d) 5. of the statutes is amended to read:

SB188-SA1,4,15 885.235 (1) (d) 5. Delta-9-tetrahydrocannabinol , excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.

SB188-SA1,55r Section 55r. 885.235 (5) of the statutes is created to read:

SB188-SA1,4,24 885.235 (5) Notwithstanding sub. (4), in any action or proceeding for a violation of s. 23.33 (4c) (a) 2m. or (b) 2m., 23.335 (12) (a) 2m. or (b) 2m., 30.681 (1) (b) 1m. or (2) (b) 1m., 346.63 (1) (am) or (2) (a) 3., 350.101 (1) (bm) or (2) (bm), 940.09 (1) (am) or (cm) or (1g) (am) or (cm), 940.25 (1) (am) or (cm), or 941.20 (1) (bm), the only form of chemical analysis of a sample of human biological material that is admissible as evidence bearing on the question of whether or not the person had delta-9-tetrahydrocannabinol at a concentration of one or more nanograms per milliliter of the person's blood is a chemical analysis of a sample of the person's blood.

SB188-SA1,56m Section 56m. 939.22 (33) (e) of the statutes is amended to read:

SB188-SA1,5,3 939.22 (33) (e) Delta-9-tetrahydrocannabinol , excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.”.

SB188-SA1,5,4 8. Page 20, line 17: after that line insert:

SB188-SA1,5,5 “ Section 61m. 961.11 (4g) of the statutes is amended to read:

SB188-SA1,5,15 961.11 (4g) Notwithstanding sub. (4), if cannabidiol or nabiximols is rescheduled or deleted as a controlled substance under federal law, the controlled substances board shall similarly treat cannabidiol or nabiximols under this chapter as soon as practically possible but no later than 30 days from the date of publication in the federal register of a final order rescheduling or deleting cannabidiol or nabiximols or from the date of issuance of an order of temporary scheduling under 21 USC 811 (h). The board shall promulgate, without making the determinations or findings required by subs. (1), (1m), (1r), and (2) or s. 961.13, 961.15, 961.17, 961.19, or 961.21, a final rule, for which notice of proposed rule making is omitted, rescheduling or deleting cannabidiol or nabiximols.”.

SB188-SA1,5,16 9. Page 24, line 12: after “is" insert “renumbered 961.34 (2) and".

SB188-SA1,5,21 10. Page 24, line 15: delete lines 15 to 18 and substitute “permit under 21 USC 355 (i) for cannabidiol as treatment for a seizure disorder. 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 to patients medical condition.”.

SB188-SA1,5,22 11. Page 24, line 19: delete “amended to read:" and substitute “repealed.".

SB188-SA1,5,23 12. Page 24, line 20: delete lines 20 to 25.

SB188-SA1,5,24 13. Page 25, line 2: delete “(a) or (b)" and substitute “(a) or (b)".

SB188-SA1,6,1 14. Page 26, line 4: delete that line and substitute:

SB188-SA1,6,2 “ Section 83m. 967.055 (1m) (b) 5. of the statutes is amended to read:

SB188-SA1,6,5 967.055 (1m) (b) 5. Delta-9-tetrahydrocannabinol , excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.”.

SB188-SA1,6,6 15. Page 26, line 12: delete lines 12 to 21.