Date of enactment: November 26, 2019
2019 Senate Bill 188   Date of publication*: November 27, 2019
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2019 WISCONSIN ACT 68
An Act to repeal 94.55 (2) (e), 94.55 (3), 94.55 (3) (c), 94.67 (15r), 961.32 (3) (b) 2. and 961.34 (2) (b); to renumber and amend 961.34 (2) (a); to amend 23.33 (1) (jo) 5., 23.335 (1) (zgm) 5., 30.50 (10m) (e), 94.55 (1), 94.55 (2) (title), 94.55 (2) (a), 94.55 (2) (b) 2., 94.55 (2) (b) 3., 94.55 (2) (b) 4., 94.55 (2) (b) 5., 94.55 (2) (c), 94.67 (2), 97.02, 182.001 (3), 340.01 (50m) (e), 343.305 (8) (b) 4m. a., 348.27 (18) (a) 1. f., 350.01 (10v) (e), 446.01 (2) (a), 450.07 (1), 885.235 (1) (d) 5., 939.22 (33) (e), 961.01 (14), 961.11 (4g), 961.14 (4) (t) 1., 961.32 (2m) (b), 961.32 (3) (a) 1. and 2., 961.32 (3) (b) (intro.), 961.32 (3) (b) 1., 961.32 (3) (b) 3., 961.32 (3) (b) 4., 961.32 (3) (b) 5., 961.32 (3) (c), 961.32 (3) (d), 961.38 (1n) (a), 961.38 (1n) (b), 961.442 (intro.), 961.55 (9) and 967.055 (1m) (b) 5.; to repeal and recreate 94.55 (title); and to create 94.55 (2) (am), 94.55 (2) (b) 2m., 94.55 (2) (b) 4g., 94.55 (2) (b) 4m., 94.55 (2) (b) 4s., 94.55 (2) (f), 94.55 (2g), 94.55 (2m), 94.55 (2p), 94.55 (2r), 94.55 (2t), 94.55 (3m), 94.55 (3r), 94.55 (3w), 94.67 (15c), 450.03 (1) (k), 450.07 (1m), 885.235 (5), 961.01 (3r), 961.14 (4) (t) 3., 961.32 (3) (b) 4m., 961.32 (3) (b) 4r. and 961.32 (3) (cm) of the statutes; relating to: regulating hemp, providing an exemption from emergency rule procedures, and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
68,4m Section 4m. 23.33 (1) (jo) 5. of the statutes is amended to read:
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.
68,7m Section 7m. 23.335 (1) (zgm) 5. of the statutes is amended to read:
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.
68,10m Section 1 0m. 30.50 (10m) (e) of the statutes is amended to read:
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.
68,13 Section 13 . 94.55 (title) of the statutes is repealed and recreated to read:
94.55 (title) Hemp.
68,14 Section 14 . 94.55 (1) of the statutes is amended to read:
94.55 (1) Definition. In this section, “industrial hemp” means the plant Cannabis sativa, or L. and any part of the that plant, including the seeds, having thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of no 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. “Industrial hemp” includes a substance, material, or product only if it is designated as a controlled substance under the federal Controlled Substances Act under 21 USC 801 to 971 or the Uniform Controlled Substances Act under ch. 961 or both, 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.
68,15 Section 15 . 94.55 (2) (title) of the statutes is amended to read:
94.55 (2) (title) Regulation of industrial hemp.
68,16 Section 16 . 94.55 (2) (a) of the statutes is amended to read:
94.55 (2) (a) Subject to the provisions under this subsection section, a person may plant, grow, cultivate, harvest, produce, sample, test, process, transport, transfer, take possession of, sell, import, and export industrial hemp in this state to the greatest extent allowed under federal law.
68,17 Section 17 . 94.55 (2) (am) of the statutes is created to read:
94.55 (2) (am) The department shall issue licenses to hemp producers if hemp producers are required to hold a license to produce hemp under federal law and if the secretary of the U.S. department of agriculture has approved this state's hemp program. If the department issues such licenses, no person may produce hemp without a license from the department. Licenses from the department may authorize the planting, growing, cultivating, harvesting, producing, sampling, testing, processing, transporting, transferring, taking possession, selling, importing, and exporting of hemp. The department shall identify the requirements for applying for a license, approving or denying a license, and suspending or revoking a license, and shall identify the restrictions and obligations that apply to operating under a license. The department may restrict license eligibility based on a violation reported under sub. (2m). The department shall accept license applications throughout the calendar year. The department may set license terms and may set late fees for license renewals.
68,18 Section 18 . 94.55 (2) (b) 2. of the statutes is amended to read:
94.55 (2) (b) 2. Except as provided under subds. 3. to 6. and subs. (3) and (4) this section, rules promulgated under this paragraph section shall regulate the activities described in par. (a) only to the extent required under federal law, and in a manner that allows the people of this state to have the greatest possible opportunity to engage in those activities.
68,19 Section 19 . 94.55 (2) (b) 2m. of the statutes is created to read:
94.55 (2) (b) 2m. The department may establish all of the following:
a. A practice to maintain relevant information regarding land on which hemp is produced in this state, including a legal description of the land, as defined by the department, for a period of not less than 3 years.
b. A procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9-tetrahydrocannabinol concentration levels of hemp.
c. A procedure for the effective disposal of plants, whether growing or not, that are produced in violation of this section, and products derived from those plants.