AB206,56
23Section 56
. 939.22 (33) (e) of the statutes is repealed.
AB206,57
24Section 57
. 940.09 (2) (b) of the statutes is amended to read:
AB206,19,8
1940.09
(2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that
2is based on the defendant allegedly having a detectable amount of
3methamphetamine or gamma-hydroxybutyric acid
or
4delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
5or she proves by a preponderance of the evidence that at the time of the incident or
6occurrence he or she had a valid prescription for methamphetamine or one of its
7metabolic precursors or gamma-hydroxybutyric acid
or
8delta-9-tetrahydrocannabinol.
AB206,58
9Section 58
. 940.25 (2) (b) of the statutes is amended to read:
AB206,19,1610
940.25
(2) (b) In any action under this section that is based on the defendant
11allegedly having a detectable amount of methamphetamine
, or 12gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
13the defendant has a defense if he or she proves by a preponderance of the evidence
14that at the time of the incident or occurrence he or she had a valid prescription for
15methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
16acid
, or delta-9-tetrahydrocannabinol.
AB206,59
17Section 59
. 941.20 (1) (bm) of the statutes is amended to read:
AB206,20,218
941.20
(1) (bm) Operates or goes armed with a firearm while he or she has a
19detectable amount of a restricted controlled substance in his or her blood. A
20defendant has a defense to any action under this paragraph that is based on the
21defendant allegedly having a detectable amount of methamphetamine
, or 22gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
23if he or she proves by a preponderance of the evidence that at the time of the incident
24or occurrence he or she had a valid prescription for methamphetamine or one of its
1metabolic precursors
, or gamma-hydroxybutyric acid
, or
2delta-9-tetrahydrocannabinol.
AB206,60
3Section 60
. 961.01 (3r) of the statutes is created to read:
AB206,20,64
961.01
(3r) “Cannabidiol product” means a derivative or extract of the plant
5Cannabis sativa L. that contains cannabidiol and a delta-9-tetrahydrocannabinol
6concentration at a level without a psychoactive effect.
AB206,61
7Section 61
. 961.01 (14) of the statutes is amended to read:
AB206,20,178
961.01
(14) “Marijuana" means all parts of the plants of the genus Cannabis,
9whether growing or not; the seeds thereof; the resin extracted from any part of the
10plant; and every compound, manufacture, salt, derivative, mixture or preparation of
11the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana" does
12include the mature stalks if mixed with other parts of the plant, but does not include
13fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
14compound, manufacture, salt, derivative, mixture or preparation of the mature
15stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed
16of the plant which is incapable of germination.
“Marijuana” does not include hemp,
17as defined in s. 94.55 (1).
AB206,62
18Section 62
. 961.14 (4) (t) 1. of the statutes is amended to read:
AB206,20,2119
961.14
(4) (t) 1.
Cannabidiol in a form without a psychoactive effect 20Tetrahydrocannabinols contained in a cannabidiol product that is dispensed as
21provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).
AB206,63
22Section 63
. 961.14 (4) (t) 3. of the statutes is created to read:
AB206,20,2423
961.14
(4) (t) 3. Tetrahydrocannabinols contained in hemp, as defined in s.
2494.55 (1).
AB206,64
25Section 64
. 961.32 (2m) (b) of the statutes is amended to read:
AB206,21,8
1961.32
(2m) (b) An individual may possess
a cannabidiol
in a form without a
2psychoactive effect product if the individual has certification stating that the
3individual possesses
a cannabidiol
product to treat a medical condition, if the
4certification has an issue date that is no more than one year prior to the possession,
5and if any expiration date provided by the physician in the certification has not
6passed.
A certification is not required to possess hemp, as defined in s. 94.55 (1), or
7a prescription drug product that has been approved by the U.S. food and drug
8administration.
AB206,65
9Section 65
. 961.32 (3) (a) 1. and 2. of the statutes are amended to read:
AB206,21,1210
961.32
(3) (a) 1.
“Hemp” “Cannabis” means the plant Cannabis sativa
, or L. and 11any part of
the that plant
, including the seeds
thereof and all derivatives, extracts,
12cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not.
AB206,21,1313
2.
“Industrial hemp" “Hemp”
has the meaning given in s. 94.55 (1).
AB206,66
14Section 66
. 961.32 (3) (b) (intro.) of the statutes is amended to read:
AB206,21,2015
961.32
(3) (b) (intro.) A person who is
acting in accordance with not otherwise
16violating s. 94.55 or rules promulgated by the department of agriculture, trade and
17consumer protection under s. 94.55
(2) (b) may not be prosecuted for a criminal
18offense under this chapter, or under
any municipal
an ordinance
that prohibits
19conduct that is the same as that prohibited under this chapter
enacted under s. 59.54
20(25) or 66.0107 (1) (bm), for any of the following:
AB206,67
21Section 67
. 961.32 (3) (b) 1. of the statutes is amended to read:
AB206,22,222
961.32
(3) (b) 1. Planting, growing, cultivating, harvesting,
producing, 23processing, or transporting
hemp cannabis that contains a
24delta-9-tetrahydrocannabinol concentration of the crop of not more than 0.7 percent
25above the permissible limit for
industrial hemp on a dry weight basis or that is grown
1from
industrial hemp seed certified under s. 94.55 (2) (c)
or approved for growing by
2the department of agriculture, trade and consumer protection under s. 94.55 (2) (f).
AB206,68
3Section 68
. 961.32 (3) (b) 2. of the statutes is repealed.
AB206,69
4Section 69
. 961.32 (3) (b) 3. of the statutes is amended to read:
AB206,22,135
961.32
(3) (b) 3. Selling, transferring, importing, exporting, processing,
6transporting, harvesting, or taking possession of
hemp cannabis that has been
7certified under s. 94.55 (2) (c) tested and certified, by
a laboratory authorized
the
8department of agriculture, trade and consumer protection or a person approved by
9the department of agriculture, trade and consumer protection
to test the
10delta-9-tetrahydrocannabinol concentration in hemp under s. 94.55 (2) (b) 4g., as
11meeting the permissible delta-9-tetrahydrocannabinol concentration limit for
12industrial hemp
if the person has no reason to believe that the test certification is
13incorrect.
AB206,70
14Section 70
. 961.32 (3) (b) 4. of the statutes is amended to read:
AB206,22,2315
961.32
(3) (b) 4. Possessing
hemp with cannabis that contains a
16delta-9-tetrahydrocannabinol concentration
of not more than 0.7 percent above the
17permissible
level limit for
industrial hemp
if the hemp was certified under s. 94.55
18(2) (c) at the time the possessor took possession as meeting the permissible
19concentration limit for industrial hemp and the possessor had no reason to believe
20at that time that the certification was incorrect on a dry weight basis if the possessor
21reconditions or processes the cannabis to a delta-9-tetrahydrocannabinol
22concentration at or below the permissible limit for hemp with the approval of the
23department of agriculture, trade and consumer protection of those actions.