AB206,4,5 20.115 (7) (f) Hemp. The amounts in the schedule for regulation of activities relating to hemp under s. 94.55.

AB206,3 Section 3. 20.115 (7) (gc) of the statutes is amended to read:

AB206,5,3 20.115 (7) (gc) Industrial hemp Hemp; program fees. All moneys received under s. 94.55 for regulation of activities relating to industrial hemp under s. 94.55.

AB206,4 Section 4 . 23.33 (1) (jo) 5. of the statutes is repealed.

AB206,5 Section 5 . 23.33 (4c) (a) 5. of the statutes is amended to read:

AB206,5,12 23.33 (4c) (a) 5. `Defenses.' In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine , or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB206,6 Section 6 . 23.33 (4c) (b) 4. b. of the statutes is amended to read:

AB206,5,20 23.33 (4c) (b) 4. b. In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB206,7 Section 7 . 23.335 (1) (zgm) 5. of the statutes is repealed.

AB206,8 Section 8 . 23.335 (12) (a) 5. of the statutes is amended to read:

AB206,6,4 23.335 (12) (a) 5. In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB206,9 Section 9 . 23.335 (12) (b) 5. of the statutes is amended to read:

AB206,6,12 23.335 (12) (b) 5. In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB206,10 Section 10 . 30.50 (10m) (e) of the statutes is repealed.

AB206,11 Section 11 . 30.681 (1) (d) of the statutes is amended to read:

AB206,6,21 30.681 (1) (d) Defenses. In an action under par. (b) 1m. that is based on the defendant allegedly having a detectable amount of methamphetamine , or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB206,12 Section 12 . 30.681 (2) (d) 1. b. of the statutes is amended to read:

AB206,7,4 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB206,13 Section 13 . 94.55 (title) of the statutes is repealed and recreated to read:

AB206,7,6 94.55 (title) Hemp.

AB206,14 Section 14 . 94.55 (1) of the statutes is amended to read:

AB206,7,19 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.

AB206,15 Section 15 . 94.55 (2) (title) of the statutes is amended to read:

AB206,7,21 94.55 (2) (title) Regulation of industrial hemp.

AB206,16 Section 16 . 94.55 (2) (a) of the statutes is amended to read:

AB206,8,2 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.

AB206,17 Section 17 . 94.55 (2) (am) of the statutes is created to read:

AB206,8,17 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.

AB206,18 Section 18 . 94.55 (2) (b) 2. of the statutes is amended to read: