CORRECTED COPY
LRBs0143/1
MCP&EAW:emw&amn
2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 119
November 3, 2017 - Offered by Senator Testin.
SB119-SSA1,1,7 1An Act to renumber and amend 961.14 (4) (t) and 961.55 (8); to amend 94.67
2(2), 97.02 and 973.01 (2) (c) 2. a.; and to create 20.115 (7) (gc), 94.55, 94.67 (15r),
3348.27 (18) (a) 1. f., 961.14 (4) (t) 2., 961.32 (3), 961.442, 961.55 (8) (b) and 961.55
4(9) of the statutes; relating to: growing and processing industrial hemp,
5providing an exemption from emergency rule procedures, granting
6rule-making authority, making an appropriation, and providing a criminal
7penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB119-SSA1,1 8Section 1. 20.115 (7) (gc) of the statutes is created to read:
SB119-SSA1,1,109 20.115 (7) (gc) Industrial hemp. All moneys received under s. 94.55 for
10regulation of activities relating to industrial hemp under s. 94.55.
SB119-SSA1,2 11Section 2. 94.55 of the statutes is created to read:
SB119-SSA1,2,8
194.55 Industrial hemp. (1) Definition. In this section, “industrial hemp”
2means the plant Cannabis sativa, or any part of the plant including the seeds, having
3a delta-9-tetrahydrocannabinol concentration of no more than 0.3 percent on a dry
4weight basis or the maximum concentration allowed under federal law up to 1
5percent, whichever is greater. “Industrial hemp” includes a substance, material, or
6product only if it is designated as a controlled substance under the federal Controlled
7Substances Act under 21 USC 801 to 971 or the Uniform Controlled Substances Act
8under ch. 961 or both.
SB119-SSA1,2,12 9(2) Regulation of industrial hemp. (a) Subject to the provisions under this
10subsection, a person may plant, grow, cultivate, harvest, sample, test, process,
11transport, transfer, take possession of, sell, import, and export industrial hemp in
12this state to the greatest extent allowed under federal law.
SB119-SSA1,2,1413 (b) 1. The department shall promulgate rules regulating the activities
14described in par. (a).
SB119-SSA1,2,1815 2. Except as provided under subds. 3. to 6. and subs. (3) and (4), rules
16promulgated under this paragraph shall regulate the activities described in par. (a)
17only to the extent required under federal law, and in a manner that allows the people
18of this state to have the greatest possible opportunity to engage in those activities.
SB119-SSA1,2,2419 3. The department shall promulgate rules, as necessary, to ensure the quality
20of industrial hemp grown or processed in this state, the security of activities related
21to industrial hemp, and the safety of products produced from industrial hemp,
22including any necessary testing; to verify adherence to laws and rules governing
23activities related to industrial hemp; and to enforce violations of those laws and
24rules.
SB119-SSA1,3,8
14. The department shall require the payment of an initial fee from any person
2who plants, grows, or cultivates industrial hemp in this state equal to the greater of
3$150 or $5 multiplied by the number of acres on which the person will plant, grow,
4or cultivate industrial hemp, but not to exceed $1,000. The department may also
5impose an annual fee on any person whose activities related to industrial hemp are
6regulated by the department under this paragraph, in an amount not to exceed an
7amount sufficient to cover the costs to the department of regulating those activities,
8as determined by the department by rule.
SB119-SSA1,3,129 5. The department shall ensure that any of the following information that is
10in the department's possession is confidential and not open to public inspection or
11copying under s. 19.35 (1), except that it shall be made available to a law enforcement
12agency or law enforcement officer:
SB119-SSA1,3,1413 a. Information relating to the locations of industrial hemp fields and processing
14locations.
SB119-SSA1,3,1615 b. Personally identifiable information relating to a person who is lawfully
16engaging in activities related to industrial hemp.
SB119-SSA1,3,1917 c. Information obtained about an individual as a result of any criminal history
18search performed in relation to authorizing the individual to engage in activities
19related to industrial hemp.
SB119-SSA1,3,2120 d. Any other information about activities related to industrial hemp that could
21create a security risk if disclosed.
SB119-SSA1,3,2422 6. The department shall promulgate rules setting forth the factors to be
23considered when determining whether to refer a person for prosecution under s.
24961.32 (3) (c).
SB119-SSA1,4,9
1(c) The department shall establish and administer a certification program, or
2shall designate a member of the Association of Official Seed Certifying Agencies or
3a successor organization to administer a certification program, for industrial hemp
4seed in this state. A certification program under this paragraph shall include the
5testing and certification of delta-9-tetrahydrocannabinol concentrations in hemp
6plants. Participation in the certification program shall be voluntary for growers and
7cultivators of industrial hemp. The department shall promulgate rules for the
8administration of any certification program established and administered by the
9department under this paragraph.
SB119-SSA1,4,1210 (d) The department of justice shall provide information to the department that
11the department has identified, by rule, as necessary to administer the provisions
12under this subsection.
SB119-SSA1,4,1413 (e) The department may seek federal approval to serve as an importer of
14industrial hemp seed.
SB119-SSA1,4,19 15(3) Pilot program. The department shall create a pilot program to study the
16growth, cultivation, and marketing of industrial hemp. The department shall
17promulgate rules to implement the pilot program consistent with the authority
18under sub. (2) (b). The department shall also do all of the following as part of the pilot
19program:
SB119-SSA1,5,1020 (a) Issue licenses that authorize the planting, growing, cultivating, harvesting,
21sampling, testing, processing, transporting, transferring, taking possession, selling,
22importing, and exporting of industrial hemp. The department shall identify the
23requirements for applying for a license, approving or denying a license, and
24suspending or revoking a license, and shall identify the restrictions and obligations
25that apply to operating under a license. As part of the application process, the

1department shall require an applicant to provide the global positioning system
2coordinates of the centers of all fields on which the industrial hemp will be planted,
3grown, cultivated, or harvested. The department shall obtain a criminal history
4search from the records maintained by the department of justice for each applicant
5and may not issue a license if the applicant has ever been convicted of a criminal
6violation of the federal Controlled Substances Act under 21 USC 801 to 971, the
7Uniform Controlled Substances Act under ch. 961, or any controlled substances law
8of another state, as indicated in the information obtained from the criminal history
9search. A license issued under this paragraph does not expire unless the pilot
10program under this subsection expires or the license is revoked.
SB119-SSA1,5,1911 (b) Create a registration system that authorizes the sampling, testing,
12processing, transporting, transferring, taking possession, selling, importing, and
13exporting of industrial hemp. The department shall obtain a criminal history search
14from the records maintained by the department of justice for each person applying
15for registration and may not register an applicant who has been convicted of a
16criminal violation of the federal Controlled Substances Act under 21 USC 801 to 971,
17the Uniform Controlled Substances Act under ch. 961, or any controlled substances
18law of another state, as indicated in the information obtained from the criminal
19history search.
SB119-SSA1,6,220 (c) Create a form to accompany any transfer of industrial hemp. The
21department shall identify the information to be included in the form, which shall
22include any test results showing the delta-9-tetrahydrocannabinol concentration of
23the industrial hemp being transferred, the amount of industrial hemp being
24transferred, and the full chain of custody of the industrial hemp being transferred
25for all transfers of the industrial hemp until it is processed in such a way that it no

1longer meets the definition under sub. (1), at which point the form shall be submitted
2to the department.
SB119-SSA1,6,7 3(4) Penalties. A person who violates any provision of this section, or an order
4issued or rule promulgated under this section, may be required to forfeit not less than
5$200 nor more than $5,000 or, for an offense committed within 5 years of an offense
6for which a penalty has been assessed under this section, may be required to forfeit
7not less than $400 nor more than $10,000.
SB119-SSA1,3 8Section 3. 94.67 (2) of the statutes is amended to read:
SB119-SSA1,6,129 94.67 (2) “Agricultural commodity" means any plant or part of a plant, animal
10or animal product produced by a person primarily for sale, consumption,
11propagation, or other use by humans or animals. “ Agricultural commodity” includes
12industrial hemp.
SB119-SSA1,4 13Section 4. 94.67 (15r) of the statutes is created to read:
SB119-SSA1,6,1714 94.67 (15r) “Industrial hemp” means the plant Cannabis sativa, or any part
15of the plant including the seeds, having a delta-9-tetrahydrocannabinol
16concentration of no more than 0.3 percent on a dry weight basis or the maximum
17concentration allowed under federal law up to 1 percent, whichever is greater.
SB119-SSA1,5 18Section 5. 97.02 of the statutes is amended to read:
SB119-SSA1,6,22 1997.02 Standards; adulterated food. For the purposes of this chapter, a food
20is adulterated if it is adulterated within the meaning of 21 USC 342 , except that the
21department may not consider a food to be adulterated solely because it contains
22industrial hemp, as defined in s. 94.67 (15r), or an industrial hemp product
.
SB119-SSA1,6 23Section 6. 348.27 (18) (a) 1. f. of the statutes is created to read:
SB119-SSA1,6,2424 348.27 (18) (a) 1. f. Industrial hemp, as defined in s. 94.67 (15r).
SB119-SSA1,7
1Section 7. 961.14 (4) (t) of the statutes, as affected by 2017 Wisconsin Act 4,
2is renumbered 961.14 (4) (t) (intro.) and amended to read:
SB119-SSA1,7,63 961.14 (4) (t) (intro.) Tetrahydrocannabinols, commonly known as “THC", in
4any form including tetrahydrocannabinols contained in marijuana, obtained from
5marijuana, or chemically synthesized, except that tetrahydrocannabinols do not
6include cannabidiol any of the following:
SB119-SSA1,7,8 71. Cannabidiol in a form without a psychoactive effect that is dispensed as
8provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b);.
SB119-SSA1,8 9Section 8. 961.14 (4) (t) 2. of the statutes is created to read:
SB119-SSA1,7,1410 961.14 (4) (t) 2. Tetrahydrocannabinols contained in fiber produced from the
11stalks, oil or cake made from the seeds of a Cannabis plant, any other compound,
12manufacture, salt, derivative, mixture or preparation of the mature stalks (except
13the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of a Cannabis
14plant which is incapable of germination.
SB119-SSA1,9 15Section 9. 961.32 (3) of the statutes is created to read:
SB119-SSA1,7,1616 961.32 (3) (a) In this subsection:
SB119-SSA1,7,1817 1. “Hemp” means the plant Cannabis sativa, or any part of the plant including
18the seeds.
SB119-SSA1,7,1919 2. “Industrial hemp" has the meaning given in s. 94.55 (1).
SB119-SSA1,7,2420 (b) A person who is acting in accordance with rules promulgated by the
21department of agriculture, trade and consumer protection under s. 94.55 (2) (b) may
22not be prosecuted for a criminal offense under this chapter, or under any municipal
23ordinance that prohibits conduct that is the same as that prohibited under this
24chapter, for any of the following:
SB119-SSA1,8,4
11. Planting, growing, cultivating, harvesting, processing, or transporting hemp
2that contains a delta-9-tetrahydrocannabinol concentration of the crop of not more
3than 0.7 percent above the permissible limit for industrial hemp on a dry weight
4basis or that is grown from industrial hemp seed certified under s. 94.55 (2) (c).
SB119-SSA1,8,65 2. Selling, transferring, importing, exporting, or taking possession of industrial
6hemp.
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