SB 188 — Relating to: regulating hemp, providing an exemption from emergency rule procedures, granting rule-making authority, and making an appropriation. (FE)

LRB-2612/2 - 2020 Legislature - 3 - MCP/EAW/ZDW:amn&cjs SENATE BILL 188 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.

- 2020 Legislature - 4 - LRB-2612/2 MCP/EAW/ZDW:amn&cjs SENATE BILL 188 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:

SECTION 1.

20.005 (3) (schedule) of the statutes:

at the appropriate place, insert the following amounts for the purposes indicated:

2019-20 2020-21 20.115 Agriculture, trade and consumer protection, department of (7) AGRICULTURAL RESOURCE MANAGEMENT (f) Hemp GPR A 216,500 216,500 SECTION 2.

20.115 (7) (f) of the statutes is created to read:

20.115 (7) (f) Hemp.

The amounts in the schedule for regulation of activities relating to hemp under s.

94.55.

LRB-2612/2 - 2020 Legislature - 5 - MCP/EAW/ZDW:amn&cjs SECTION 3 SENATE BILL 188 SECTION 3.

20.115 (7) (gc) of the statutes is amended to read:

20.115(7) (gc) Industrial heHemp;

program fees.

All moneys received under s.

94.55 for regulation of activities relating to industrial hemp under s.

94.55.

SECTION 4.

of the statutes is repealed.

SECTION 5.

23.33 (4c) (a) 5.

23.33 (1)(4c) (jo)(a) 5.

Delta-9-tetrahydrocannabinol,`Defenses.' excludingIn itsan precursorsaction orunder metabolites,subd. at a concentration of one or more nanograms per milliliter of a person's blood.

SECTION2m. 7m.

23.335that (1)is (zgm)based 5.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, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabi.ol SECTION 6.

23.33 (4c) (b) 4.

b.

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, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SECTION 7.

Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of onethe orstatutes moreis nanogramsrepealed. per milliliter of a person's blood.

LRBa0442/1 - 2020 Legislature - 2 - MCP/ZDW/EAW:all SECTION 10m.8.

30.5023.335 (10m)(12) (e)(a) of5. the statutes is amended to read:

30.50 (10m) (e) Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of onethe orstatutes moreis nanogramsamended perto milliliterread: of a person's blood.”.

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, - 2020 Legislature - 6 - LRB-2612/2 MCP/EAW/ZDW:amn&cjs SENATE BILL 188 SECTION 8 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.

SECTION 9.

23.335 (12) (b) 5.

of the statutes is amended to read:

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, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabi.ol SECTION 10.

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

SECTION 11.

30.681 (1) (d) of the statutes is amended to read:

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 SECTION 12.

30.681 (2) (d) 1.

b.

of the statutes is amended to read:

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, LRB-2612/2 - 2020 Legislature - 7 - MCP/EAW/ZDW:amn&cjs SECTION 12 SENATE BILL 188 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.

S ECTION 13.

94.55 (title) of the statutes is repealed and recreated to read:

94.55 (title) Hemp.

S ECTION 14.

94.55 (1) of the statutes is amended to read:

94.55 (1) D EFINITION.In this section, “industrialmp” means the plant Cannabis sativa, or.

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.

S ECTION 15.

94.55 (2) (title) of the statutes is amended to read:

94.55 (2) (title)EGULATION OF INDUSTRIALEMP.

S ECTION 16.

94.55 (2) (a) of the statutes is amended to read:

94.55 (2) (a) Subject to the provisions under this subsectionn, a person may plant, grow, cultivate, harvest, producesample, test, process, transport, - 2020 Legislature - 8 - LRB-2612/2 MCP/EAW/ZDW:amn&cjs SENATE BILL 188 SECTION 16 transfer, take possession of, sell, import, and export industrialis state to the greatest extent allowed under federal law.

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.

SECTION 18.

94.55 (2) (b) 2.

of the statutes is amended to read:

94.55 (2) (b) 2.

Except as provided under subds.

Pageto 13,6. line 13:

beforeand “Nosubs. 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(3) departmentand of(4) justicethis shallsection, submitrules anypromulgated suchunder fingerprintthis cardsparagraph tosection theshall federalregulate bureau of investigation for the purposesactivities ofdescribed verifyingin thepar. identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.".

4.(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.

PageSECTION 13,19. line 15:

delete94.55 “holds"(2) and(b) substitute2m. “held".

5.of the statutes is created to read:

Page94.55 13,(2) line(b) 17:2m.

deleteThe thedepartment materialmay beginningestablish withall “theof effective date" and ending with “[LRB inserts date]" on line 18 and substitute “December 20, 2018, and the felonyfollowing: conviction occurred prior to that date”.

6.LRB-2612/2 - 2020 Legislature - 9 - MCP/EAW/ZDW:amn&cjs S ECTION 19 SENATE BILL 188 a.

PageA 16,practice lineto 18: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.

deleteb. the material beginning with that line and ending with page 18, line 2, and substitute:

“SECTIONA 44m.procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9-tetrahydrocannabinol concentration levels of hemp.

340.01c. (50m) (e) of the statutes is amended to read:

340.01A (50m)procedure (e)for Delta-9-tetrahydrocannabinol,the excludingeffective itsdisposal precursorsof plants, whether growing or metabolites,not, atthat aare concentrationproduced ofin oneviolation orof morethis nanogramssection, perand milliliterproducts ofderived afrom person'sthose blood.plants.

LRBa0442/1d. - 2020 Legislature - 3 - MCP/ZDW/EAW:all SECTION 47m.

A procedure to comply with the enforcement provisions under subs.

(2g) and (2m).

e.

A procedure for conducting annual inspection of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this section.

SECTION 20.

94.55 (2) (b) 3.

of the statutes is amended to read:

94.55 (2) (b) 3.

The department shall promulgate rules, as the department determines to be necessary, to ensure the quality of industrial hemp grown or processed produced in this state, the security of activities related to industrial hemp, and the safety of products produced from industrial hemp, including any necessary testing;

to ensure that the state's hemp program complies with federal law and to obtain and maintain any required federal approval of the state's hemp program;

to verify adherence to laws and rules governing activities related to industrial hemp;

and to enforce violations of those laws and rules.

SECTION 21.

94.55 (2) (b) 4.

of the statutes is amended to read:

94.55 (2) (b) 4.

The department shall require the payment of an initial fee from any person who plants, grows, or cultivates industrialces hemp in this state equal to the greater of $150 or $5 multiplied by the number of acres on which the - 2020 Legislature - 10 - LRB-2612/2 MCP/EAW/ZDW:amn&cjs SENATE BILL 188 SECTION 21 person will plant, grow, or cultivate industrialce hemp, but not to exceed $1,000.

The department may also impose an annual fee on any person whose activities related to industrial hemp are regulated by the department under this paragraph, in an amount not to exceed an amount sufficient to cover the costs to the department of regulating those activities, as determined by the department by rule.

The department may establish lower initial and annual fees for licenses issued for research or noncommercial purposes.

SECTION 22.

94.55 (2) (b) 4g.

of the statutes is created to read:

94.55 (2) (b) 4g.

The department may set criteria for approving persons to undertake any sampling and testing required by the department by rule.

The department shall approve persons that meet the criteria to the extent allowed under federal law.

SECTION 23.

94.55 (2) (b) 4m.

of the statutes is created to read:

94.55 (2) (b) 4m.

When sampling and testing a crop of hemp, the department is not required to sample and test every growing location or every strain.

The department may not require the sampling and testing of hemp seedlings or clones that are intended to be planted and that originated from hemp seed certified under par.

(c) or from hemp seed or clones approved for growing under par.

(f).

SECTION 24.

94.55 (2) (b) 4s.

of the statutes is created to read:

94.55 (2) (b) 4s.Following any required sampling and testing, or if the department determines that sampling and testing are not required, the department shall issue a certificate that states that the hemp has been tested or is not required to be tested for delta-9-tetrahydrocannabinol concentration and is in compliance with this section and rules promulgated under this section.

SECTION 25.

94.55 (2) (b) 5.

of the statutes is amended to read:

LRB-2612/2 - 2020 Legislature - 11 - MCP/EAW/ZDW:amn&cjs SECTION 25 SENATE BILL 188 94.55 (2) (b) 5.

The department shall ensure that any of the following information that is in the department's possession relating to a licensee or applicant for a license under this section is confidential and not open to public inspection or copying under s.

19.35 (1), except that it shall be made available to a law enforcement agency or law enforcement officer:

a.

Information relating to the locations of industrial hemp fields and processing locations production locations.

b.

Personally identifiable information relating to a person who is lawfully engaging in activities related to industrialunless the person elects, during the application and licensing or renewal process, for the department to release any or all of the person's personally identifiable information.

c.

Information obtained about an individual as a result of any criminal history search performed in relation to authorizing the individual to engage in activities related to industrial hemp.

d.

Any other information about activities related to industrial hemp that could create a security risk if disclosed.

S ECTION 26.

94.55 (2) (c) of the statutes is amended to read:

94.55 (2) (c) The department shall establish and administer a certification program, or shall designate a member of the Association of Official Seed Certifying Agencies or a successor organization to administer a certification program, for industrial hemp seed in this state.

A certification program under this paragraph shall include the testing and certification of delta-9-tetrahydrocannabinol concentrations in hemp plants from which certified seed is collected.

Participation in the certification program shall be voluntary for growers and cultivators producers of industrial hemp.

The department shall promulgate rules for the administration - 2020 Legislature - 12 - LRB-2612/2 MCP/EAW/ZDW:amn&cjs SENATE BILL 188 SECTION 26 of any certification program established and administered by the department under this paragraph.

SECTION 27.

94.55 (2) (e) of the statutes is repealed.

SECTION 28.

94.55 (2) (f) of the statutes is created to read:

94.55(2) (f) Before growing hemp, a hemp producer shall notify the department of the variety of hemp the producer intends to grow.

A hemp producer may not grow hemp unless the department has approved the growth of that variety of hemp or the variety of hemp is certified under par.

(c).

SECTION 29.

94.55 (2g) of the statutes is created to read:

94.55 (2g) NEGLIGENT VIOLATIONS.(a) This subsection applies only to hemp producers, and only if the department determines that the hemp producer has negligently violated this section or rules promulgated under this section, including by negligently doing any of the following:

1.

Failing to provide a legal description of land on which the producer produces hemp.

2.

If required under federal law, failing to obtain a license or other required authorization from the department or from the U.S.

department of agriculture.

3.

Producing Cannabis sativa L.

with a delta-9-tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis or the maximum concentration allowed by law up to 1%.

(b) A hemp producer who negligently violates this section or rules promulgated under this section shall comply with a plan established by the department to correct the negligent violation, which shall include all of the following:

1.

A reasonable date by which the hemp producer is required to correct the negligent violation.

LRB-2612/2 - 2020 Legislature - 13 - MCP/EAW/ZDW:amn&cjs S ECTION 29 SENATE BILL 188 2.

A requirement that the hemp producer periodically report to the department on the compliance of the hemp producer with the department's plan for a period of not less than the following 2 years.

(c) A hemp producer who negligently violates this section or rules promulgated under this section 3 times in any 5-year period is ineligible to produce hemp for a period of 5 years beginning on the date of the 3rd violation.

SECTION 30.

94.55 (2m) of the statutes is created to read:

94.55 (2m) G REATER VIOLATIONS.If the department determines that a hemp producer has violated this section or rules promulgated under this section with a culpable mental state greater than negligence, the department shall immediately report the hemp producer to the U.S.

attorney general and the department of justice.

SECTION 31.

94.55 (2p) of the statutes is created to read:

94.55 (2p) FELONY CONVICTIONSNo person may produce hemp in this state for 10 years following any felony conviction relating to a controlled substance under state or federal law unless the person holds a valid license, registration, or other authorization to produce hemp under a pilot program of any state authorized by section 7606 of the federal agricultural act of 2014 on the effective date of this subsection ....

[LRB inserts date].

SECTION 32.

94.55 (2r) of the statutes is created to read:

94.55 (2r) FALSE STATEMENT.

Any person who materially falsifies any information contained in an application to participate in the hemp program established under this section is ineligible to participate in the program.

SECTION 33.

94.55 (2t) of the statutes is created to read:

- 2020 Legislature - 14 - LRB-2612/2 MCP/EAW/ZDW:amn&cjs SENATE BILL 188 S ECTION 33 94.55 (2t) ACCESS TO CANNABIDIOL PRODUCTS.

Nothing in this section or rules promulgated under this section shall be construed as limiting a person's access to cannabidiol products under s.

961.32 (2m) (b).

S ECTION 34.

94.55 (3) of the statutes, as affected by 2019 Wisconsin Act ....

(this act), is repealed.

S ECTION 35.

94.55 (3) (c) of the statutes is repealed.

S ECTION 36.

94.55 (3m) of the statutes is created to read:

94.55 (3m) T RUTH IN LABELING.(a) No person may do any of the following:

1.

Mislabel hemp or a hemp product.

2.

Knowingly make an inaccurate claim about the content, delta-9-tetrahydrocannabinol concentration, quality, or origin of hemp or a hemp product in the course of transferring or selling the hemp or hemp product.

3.

Knowingly sell at retail mislabelled hemp or hemp products.

(b) The department shall investigate violations of par.

(a).

The department, or any district attorney or the department of justice upon the request of the department, may on behalf of the state do any of the following:

1.

Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of par.

(a).

2.

Bring an action in any court of competent jurisdiction for the recovery of a civil forfeiture against any person who violates par.

(a) in an amount not more than $1,000 for each violation.

(c) In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of par.

(a) may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, and for equitable relief as determined by the court.

LRB-2612/2 - 2020 Legislature - 15 - MCP/EAW/ZDW:amn&cjs S ECTION 37 SENATE BILL 188 SECTION 37.

94.55 (3r) of the statutes is created to read:

94.55 (3r) PRIVATE CAUSE OF ACTION FOR GROWER CONTRACTSAny contract to purchase hemp from a hemp grower in this state shall provide that payment will be made to the grower within 7 days of taking possession of the hemp, unless the grower voluntarily and knowingly agrees to a different method of payment.

In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of this subsection may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, notwithstanding s.

814.04 (1), and for equitable relief as determined by the court.

SECTION 38.

94.55 (3w) of the statutes is created to read:

94.55(3w) E MERGENCY RULES.When promulgating rules under this section, the department may, as necessary, use the procedure under s.

227.24 to promulgate emergency rules.

Notwithstanding s.

227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

Notwithstanding s.

227.24 (1) (c) and (2), initial emergency rules and subsequent emergency rules promulgated under this subsection remain in effect until the date on which permanent rules take effect.

Notwithstanding s.

227.24 (1) (e) 1d.

and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

SECTION 39.

94.67 (2) of the statutes is amended to read:

- 2020 Legislature - 16 - LRB-2612/2 MCP/EAW/ZDW:amn&cjs SENATE BILL 188 SECTION 39 94.67 (2) “Agricultural commodity" means any plant or part of a plant, animal, or animal product produced by a person primarily for sale, consumption, propagation, or other use by humans or animals.

“Agricultural commodity” includes industriahemp.

SECTION 40.

94.67 (15c) of the statutes is created to read:

94.67 (15c) “Hemp” has the meaning given in s.

94.55 (1).

SECTION 41.

94.67 (15r) of the statutes is repealed.

SECTION 42.

97.02 of the statutes is amended to read:

97.02 Standards;

adulterated food.

For the purposes of this chapter, a food is adulterated if it is adulterated within the meaning of 21 USC 342, except that the department may not consider a food to be adulterated solely because it contains industrialemp, as defined in s.

94.67 (15r) (15c), or an industrial a hemp product.

SECTION 43.

182.001 (3) of the statutes is amended to read:

182.001 (3) ROHIBITED ACTIVITIESThose farming operations prohibited under this section are the production of dairy products not including the processing of such dairy products;

the production of cattle, hogs and sheep;

and the production of wheat, field corn, barley, oats, rye, hay, pasture, soybeans, millet and, sorghum, and hemp.

SECTION 44.

340.01 (50m) (e) of the statutes is repealed.

SECTION 45.

343.305 (8) (b) 2.

g.

of the statutes is amended to read:

343.305 (8) (b) 2.

g.

Whether the person had a valid prescription for methamphetamine or one of its metabolic precursors or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinoln a case in which subd.

4m.

a.

and b.

apply.

SECTION 46.

(intro.) of the statutes is amended to read:

343.305 (8) (b) 4m.

(intro.) If, at the time the offense allegedly occurred, all of the following apply, the hearing officer shall determine whether the person had a LRB-2612/2 - 2020 Legislature - 17 - MCP/EAW/ZDW:amn&cjs S ECTION 46 SENATE BILL 188 valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol:

SECTION 47.

343.305 (8) (b) 4m.

A blood test administered in accordance with this section indicated that the person had a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or adelta-9-tetrahydrocannabinol 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.”.blood.

7.SECTION 48.

Page343.305 18,(8) line(b) 5:5.

deletec. the material beginning with that line and ending with page 20, line 2, and substitute:

“SECTION 52m.

350.01 (10v) (e) of the statutes is amended to read:

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.

SECTION 54g.

446.01 (2) (a) of the statutes is amended to read:

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 SECTION 54n.

450.03 (1) (k) of the statutes is created to read:

LRBa0442/1 - 2020 Legislature - 4 - MCP/ZDW/EAW:all 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.

SECTION 54r.

450.07 (1) of the statutes is amended to read:

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).

SECTION 54w.

450.07 (1m) of the statutes is created to read:

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).

SECTION 55g.

885.235 (1) (d) 5.

343.305 (8) (b) 5.

c.

In a case in which subd.

4m.

a.

and b.

apply, the person had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SECTION 49.

346.63 (1) (d) of the statutes is amended to read:

346.63 (1) (d) In an action under par.

(am) 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, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SECTION 50.

346.63 (2) (b) 2.

of the statutes is amended to read:

346.63 (2) (b) 2.

In an action under par.

(a) 3.

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 - 2020 Legislature - 18 - LRB-2612/2 MCP/EAW/ZDW:amn&cjs SENATE BILL 188 SECTION 50 methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabi.ol SECTION 51.

348.27 (18) (a) 1.

f.

of the statutes is amended to read:

348.27 (18) (a) 1.

f.

Industrial hemp Hemp, as defined in s.

94.67 (15r) (15c).

SECTION 52.

350.01 (10v) (e) of the statutes is repealed.

SECTION 53.

350.101 (1) (e) of the statutes is amended to read:

350.101 (1) (e) Defenses.

In an action under par.

(bm) 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-tetrahydrocannabi.ol SECTION 54.

350.101 (2) (d) 2.

of the statutes is amended to read:

350.101 (2) (d) 2.

In an action under par.

(bm) 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, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol SECTION 55.

Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of onethe orstatutes moreis nanogramsrepealed. per milliliter of a person's blood.

SECTION 55r.56.

885.235939.22 (5)(33) (e) of the statutes is createdrepealed. to read:

885.235(5)SECTION Notwithstanding57. sub.

(4),940.09 in(2) any(b) actionof orthe proceedingstatutes foris aamended violationto ofread: s.

23.33LRB-2612/2 (4c)- (a)2020 2m.Legislature - 19 - MCP/EAW/ZDW:amn&cjs SECTION 57 SENATE BILL 188 940.09 (2) (b) In any action under sub.

(1) (am) or (b)(cm) 2m.,or 23.335(1g) (12)(am) (a)or 2m.(cm) 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.

orS (b)ECTION 2m.,58. 30.681 (1) (b) 1m.

or940.25 (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 questionstatutes 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 aamended chemicalto analysisread: of a sample of the person's blood.

SECTION940.25 56m.(2) (b) In any action under this section 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 S ECTION 59.

939.22941.20 (33)(1) (e)(bm) of the statutes is amended to read:

LRBa0442/1941.20 -(1) 2020(bm) LegislatureOperates -or 5goes -armed MCP/ZDW/EAW:allwith 939.22a (33)firearm (e)while Delta-9-tetrahydrocannabinol,he excludingor itsshe precursorshas a detectable amount of a restricted controlled substance in his or metabolites,her atbloodA defendant has a concentrationdefense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of onemethamphetamine, or moregamma-hydroxybutyric nanogramsacid, peror milliliterdelta-9-tetrahydrocannabinol in his or her blood, 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 person'svalid blood.”.prescription for methamphetamine or one of its - 2020 Legislature - 20 - LRB-2612/2 MCP/EAW/ZDW:amn&cjs SENATE BILL 188 SECTION 59 metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

8.SECTION 60.

Page961.01 20,(3r) lineof 17:the statutes is created to read:

after961.01 that(3r) line“Cannabidiol insert:product” means a derivative or extract of the plant Cannabis sativa L.

“Sthat ECTIONcontains 61m.cannabidiol and a delta-9-tetrahydrocannabinol concentration at a level without a psychoactive effect.

961.11SECTION (4g)61. of the statutes is amended to read:

961.11961.01 (4g)(14) Notwithstandingof sub.the statutes is amended to read:

(4),961.01 if(14) cannabidiol“Marijuana" ormeans nabiximolsall isparts rescheduledof or deleted as a controlled substance under federal law, the controlledplants substances board shall similarly treat cannabidiol or nabiunder this chapter as soon as practically possible but no later than 30 days from the date of publication in the federalgenus registerCannabis, ofwhether agrowing final order rescheduling or deletingnot; 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 determinationsseeds orthereof; findings required by subs.

(1),the (1m),resin (1r),extracted andfrom (2)any orpart s.of the plant;

961.13,and 961.15,every 961.17,compound, 961.19,manufacture, orsalt, 961.21,derivative, amixture finalor rule,preparation for which notice of proposedthe ruleplant, makingits isseeds omitted, rescheduling or deletingresin, cannabidiolincluding ortetrahydrocannabinols. nabiximols 9.

Page“Marijuana" 24,does lineinclude 12:the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.

after“Marijuana” “is"does insertnot “renumberedinclude 961.34hemp, (2)as and".defined in s.

10.94.55 (1).

PageSECTION 24,62. line 15:

delete961.14 lines(4) 15(t) to1. 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.”.

11.

Page 24, line 19:

delete “amended to read:" and substitute “repealed.".

12.

Page 24, line 20:

delete lines 20 to 25.

13.

Page 25, line 2:

delete “(a) or (b)" and substitute “(a) or (b)".

LRBa0442/1 - 2020 Legislature - 6 - MCP/ZDW/EAW:all 14.

Page 26, line 4:

delete that line and substitute:

“SECTION 83m.

967.055 (1m) (b) 5.

967.055(1m)961.14 (b)(4) 5.(t) 1.

Delta-9-tetrahydrocannabinol,Cannabidiol excludingin itsa precursorsform orwithout metabolites,a atpsychoactive aeffect concentrationTetrahydrocannabinols ofcontained onein ora morecannabidiol nanogramsproduct perthat milliliteris ofdispensed aas person'sprovided blood.”.in s.

15.961.38 (1n) (a) or that is possessed as provided in s.

Page961.32 26,(2m) line(b). 12:

deleteSECTION lines63. 12 to 21.

961.14 (4) (t) 3.

of the statutes is created to read:

961.14 (4) (t) 3.

Tetrahydrocannabinols contained in hemp, as defined in s.

94.55 (1).

SECTION 64.

961.32 (2m) (b) of the statutes is amended to read:

LRB-2612/2 - 2020 Legislature - 21 - MCP/EAW/ZDW:amn&cjs SECTION 64 SENATE BILL 188 961.32 (2m) (b) An individual may possess aannabidiol in a form without a psychoactive effect product if the individual has certification stating that the individual possesses a cannabidiol product to treat a medical condition, if the certification has an issue date that is no more than one year prior to the possession, and if any expiration date provided by the physician in the certification has not passed.

A certification is not required to possess hemp, as defined in s.

94.55 (1), or a prescription drug product that has been approved by the U.S.

food and drug administration.

SECTION 65.