LRB-2612/2
MCP/EAW/ZDW:amn&cjs
2019 - 2020 LEGISLATURE
April 30, 2019 - Introduced by Senators Testin,
L. Taylor, Bernier, Bewley,
Larson, Marklein, Cowles and Olsen, cosponsored by Representatives
Kurtz, Considine, Krug, Kulp, Quinn, Kolste, Myers, Mursau, Novak,
Plumer, Spreitzer, Tranel, VanderMeer, Vruwink, Brooks, Duchow, Knodl,
Meyers, Oldenburg, Pope, Sargent, C. Taylor and Tusler. Referred to
Committee on Agriculture, Revenue and Financial Institutions.
SB188,2,6
1An Act to repeal 23.33 (1) (jo) 5., 23.335 (1) (zgm) 5., 30.50 (10m) (e), 94.55 (2)
2(e), 94.55 (3), 94.55 (3) (c), 94.67 (15r), 340.01 (50m) (e), 350.01 (10v) (e), 885.235
3(1) (d) 5., 939.22 (33) (e), 961.32 (3) (b) 2. and 967.055 (1m) (b) 5.;
to amend
420.115 (7) (gc), 23.33 (4c) (a) 5., 23.33 (4c) (b) 4. b., 23.335 (12) (a) 5., 23.335 (12)
5(b) 5., 30.681 (1) (d), 30.681 (2) (d) 1. b., 94.55 (1), 94.55 (2) (title), 94.55 (2) (a),
694.55 (2) (b) 2., 94.55 (2) (b) 3., 94.55 (2) (b) 4., 94.55 (2) (b) 5., 94.55 (2) (c), 94.67
7(2), 97.02, 182.001 (3), 343.305 (8) (b) 2. g., 343.305 (8) (b) 4m. (intro.), 343.305
8(8) (b) 4m. a., 343.305 (8) (b) 5. c., 346.63 (1) (d), 346.63 (2) (b) 2., 348.27 (18) (a)
91. f., 350.101 (1) (e), 350.101 (2) (d) 2., 940.09 (2) (b), 940.25 (2) (b), 941.20 (1)
10(bm), 961.01 (14), 961.14 (4) (t) 1., 961.32 (2m) (b), 961.32 (3) (a) 1. and 2., 961.32
11(3) (b) (intro.), 961.32 (3) (b) 1., 961.32 (3) (b) 3., 961.32 (3) (b) 4., 961.32 (3) (b)
125., 961.32 (3) (c), 961.32 (3) (d), 961.34 (2) (a), 961.34 (2) (b), 961.38 (1n) (a),
13961.38 (1n) (b), 961.442 (intro.) and 961.55 (9);
to repeal and recreate 94.55
14(title); and
to create 20.115 (7) (f), 94.55 (2) (am), 94.55 (2) (b) 2m., 94.55 (2) (b)
14g., 94.55 (2) (b) 4m., 94.55 (2) (b) 4s., 94.55 (2) (f), 94.55 (2g), 94.55 (2m), 94.55
2(2p), 94.55 (2r), 94.55 (2t), 94.55 (3m), 94.55 (3r), 94.55 (3w), 94.67 (15c), 961.01
3(3r), 961.14 (4) (t) 3., 961.32 (3) (b) 4m., 961.32 (3) (b) 4r. and 961.32 (3) (cm) of
4the statutes;
relating to: regulating hemp, providing an exemption from
5emergency rule procedures, granting rule-making authority, and making an
6appropriation.
Analysis by the Legislative Reference Bureau
This bill makes several changes to current law relating to industrial hemp.
The bill changes current law in the following ways so that it is consistent with
the 2018 federal farm bill:
1. Uses the term “hemp” instead of “industrial hemp” throughout current law
and defines “hemp” as “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-tetrahydrocannabinol
[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.” The bill also provides that “hemp” does not include a prescription drug
product approved by the U.S. food and drug administration.
2. Prohibits any person from producing hemp in this state without a license
from the Department of Agriculture, Trade and Consumer Protection if required
under federal law.
3. Allows DATCP to establish procedures for all of the following: a) maintaining
information relating to hemp production; b) testing for THC concentrations in hemp;
c) disposing of hemp plants grown illegally; d) complying with enforcement
provisions; and e) conducting annual inspections of hemp producers.
4. Provides that a hemp producer who negligently violates the provisions of the
hemp program or DATCP's rules relating to the hemp program must comply with a
plan established by DATCP to correct the violation. A compliance plan must include
a reasonable date by which the hemp producer is required to correct the violation and
must require the hemp producer to report to DATCP periodically, for not less than
two years, on the status of the producer's compliance with the plan. A hemp producer
who negligently violates the provisions of the hemp program or DATCP's rules
relating to the hemp program may not be criminally prosecuted; a hemp producer
who negligently violates those provisions three times in a five-year period is
ineligible to participate in the hemp program for five years.
5. Requires DATCP to immediately report a hemp producer who violates the
provisions of the hemp program or DATCP's rules relating to the hemp program with
a culpable mental state that is greater than negligence to the Department of Justice
and the U.S. attorney general.
6. Prohibits a person who materially falsifies any information contained in an
application for the hemp program from participating in the hemp program.
7. Prohibits a person from producing hemp for ten years following a felony
conviction relating to a controlled substance under state or federal law, unless the
person holds a valid license under any state's hemp pilot program on the effective
date of the bill.
8. Redefines “marijuana,” for the purposes of the controlled substances act, to
exclude hemp.
9. Excludes THC contained in hemp from the list of Schedule I controlled
substances.
10. Changes the current hemp pilot program under DATCP to a permanent
program and sunsets the pilot program.
The bill also does the following relating to hemp:
1. Creates an appropriation from the general fund for the hemp program in the
2019-21 biennium, and increases funding to DATCP for the current 2018-19 fiscal
year for the purchase of machinery and other assets for the hemp program.
2. Allows DATCP to establish lower license fees for hemp licenses issued for
research or noncommercial purposes.
3. Allows DATCP to set criteria for approving persons to undertake any
sampling and testing of hemp that DATCP requires by rule and to approve persons
that meet the criteria.
4. Prohibits DATCP from requiring sampling and testing of hemp seedlings or
clones intended to be planted that originate from certified hemp seed or from hemp
seed or clones approved for growing by DATCP.
5. Requires DATCP to issue a fit for commerce certificate after hemp is tested,
or if DATCP determines that hemp is not required to be tested.
6. Allows a person, whose personally identifying information relating to the
hemp program is in DATCP's possession, to authorize the disclosure of that
information.
7. Requires all hemp producers to notify DATCP of the variety of hemp the
producer intends to grow, and prohibits a hemp producer from growing hemp unless
DATCP has approved that variety of hemp for growing in this state or that variety
of hemp has been certified by DATCP.
8. Prohibits a person from mislabeling hemp or a hemp product, knowingly
making an inaccurate claim about the content, quality, or origin of hemp or a hemp
product in the course of transferring or selling, or knowingly selling at retail
mislabeled hemp or hemp products.
9. Requires contracts to purchase hemp from a hemp grower to provide for
payment to the grower within seven days of taking possession of the hemp, unless
the grower voluntarily and knowingly agrees otherwise.
10. Adds hemp to the list of agricultural products that may not be grown by, or
grown on land owned by, a large corporation or trust.
11. Clarifies that THC contained in a CBD product is not a Schedule I controlled
substance if the THC and CBD concentration is at a level without a psychoactive
effect.
12. Changes the provision under current law that exempts a person from
prosecution for selling, transferring, processing, harvesting, or taking possession of
cannabis that is over the permissible THC concentration for hemp, so that the
exemption applies to cannabis that had been tested and certified, by DATCP or a
person approved by DATCP, as meeting the permissible THC concentration for
hemp, but that is in fact above the permissible limit, if the person has no reason to
believe that the certification is incorrect.
13. Provides that a person may not be prosecuted for temporarily possessing
cannabis that is above the permissible THC concentration for hemp during the
normal course of processing hemp if the cannabis is reconditioned or processed to
meet the permissible THC concentration limit for hemp within a reasonable amount
of time.
14. Provides that a person who purchases hemp or a hemp product may not be
prosecuted if the product is no more than 0.7 percent over the permissible THC limit
for hemp and if the person has no reason to believe that the product is over the
permissible THC limit for hemp.
15. Removes THC from the definition of “restricted controlled substance” as
applicable to the operation of a motor vehicle, an all-terrain vehicle, a utility terrain
vehicle, an off-highway motorcycle, a snowmobile, or a motorboat and the handling
of a firearm.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB188,2
3Section 2
. 20.115 (7) (f) of the statutes is created to read:
SB188,4,54
20.115
(7) (f)
Hemp. The amounts in the schedule for regulation of activities
5relating to hemp under s. 94.55.
SB188,3
1Section
3. 20.115 (7) (gc) of the statutes is amended to read:
SB188,5,32
20.115
(7) (gc)
Industrial hemp Hemp; program fees. All moneys received under
3s. 94.55 for regulation of activities relating to
industrial hemp under s. 94.55.
SB188,4
4Section 4
. 23.33 (1) (jo) 5. of the statutes is repealed.
SB188,5
5Section 5
. 23.33 (4c) (a) 5. of the statutes is amended to read:
SB188,5,126
23.33
(4c) (a) 5. `Defenses.' In an action under subd. 2m. that is based on the
7defendant allegedly having a detectable amount of methamphetamine
, or 8gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
9the defendant has a defense if he or she proves by a preponderance of the evidence
10that at the time of the incident or occurrence he or she had a valid prescription for
11methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
12acid
, or delta-9-tetrahydrocannabinol.
SB188,6
13Section 6
. 23.33 (4c) (b) 4. b. of the statutes is amended to read:
SB188,5,2014
23.33
(4c) (b) 4. b. In an action under subd. 2m. that is based on the defendant
15allegedly having a detectable amount of methamphetamine
, or 16gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
17the defendant has a defense if he or she proves by a preponderance of the evidence
18that at the time of the incident or occurrence he or she had a valid prescription for
19methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
20acid
, or delta-9-tetrahydrocannabinol.
SB188,7
21Section 7
. 23.335 (1) (zgm) 5. of the statutes is repealed.
SB188,8
22Section 8
. 23.335 (12) (a) 5. of the statutes is amended to read:
