2(9) Testing of industrial hemp intended for consumption
. (a) All industrial 3
hemp and each industrial hemp product intended for human consumption shall be 4
tested, in its final consumer-ready state, by an independent testing laboratory to 5
confirm that it is nonpsychoactive and contains safe levels of potential contaminants. 6
An independent testing laboratory shall have all of the following:
1. Accreditation by an impartial organization that provides accreditation 8
pursuant to the standard ISO/IEC 17025 of the International Organization for 9
Standardization and that is a signatory to the International Laboratory 10
Accreditation Corporation Mutual Recognition Arrangement, or other comparable 11
accreditation standard required by the department.
2. A demonstrated ability to accurately measure individual cannabinoids in 13
both their acidic and neutral forms down to 0.05 percent by weight, including 14
delta-9-tetrahydrocannabinol, delta-9-tetrahydrocannabinolic acid, cannabidiol, 15
and cannabidiolic acid.
(b) For the purpose of testing under this subsection, an independent testing 17
laboratory may possess industrial hemp and industrial hemp products grown, 18
cultivated, harvested, or processed by a person licensed under sub. (2) or by a person 19
in another state or country in accordance with the laws of that state or country. Any 20
testing performed by a laboratory under this subsection shall comply with the 21
methodologies, ranges, and parameters for testing described in the laboratory's 22
(c) The department may create a registration program to register persons to 24
sample an industrial hemp crop and transport the industrial hemp sample to an 25
independent testing laboratory. A person registered under this paragraph shall be
trained by the department in sampling and chain of custody protocols. The 2
department may charge a reasonable fee for registration and training.
(d) An independent testing laboratory that tests for an industrial hemp crop's 4
delta-9-tetrahydrocannabinol concentration shall provide the test results to the 5
department in a form and manner prescribed by the department. An independent 6
testing laboratory shall provide to the department, at the department's request, test 7
results from testing on any industrial hemp or industrial hemp product intended for 8
The department shall promulgate rules for the administration of 10
this section including rules concerning all of the following:
(a) Administering a program for certifying industrial hemp seed.
(b) Sampling and testing plants during growth for 13
(c) Developing programs for researching industrial hemp genetics.
(d) Supervising the growing, harvesting, and processing of industrial hemp.
(e) Safe levels of potential contaminants in industrial hemp and industrial 17
hemp products intended for human consumption, including pesticides, heavy 18
metals, residual solvents, and microbiological contaminants, for purposes of sub. (9).
(f) Sampling and testing industrial hemp and industrial hemp products in their 20
final consumer-ready state, including determining batch sizes and nonpsychoactive 21
levels of delta-9-tetrahydrocannabinol, for purposes of sub. (9).
22(11) Agricultural product or commodity
. Industrial hemp and industrial 23
hemp products shall be considered agricultural products or commodities under all 24
applicable provisions of the statutes.
94.67 (2) of the statutes is amended to read:
“Agricultural commodity" means any plant or part of a plant, animal 2
or animal product produced by a person primarily for sale, consumption, propagation 3
or other use by humans or animals. “Agricultural commodity” includes industrial
4hemp, as defined in s. 94.55 (1).
97.02 of the statutes is amended to read:
697.02 Standards; adulterated food.
For the purposes of this chapter, a food 7
is adulterated if it is adulterated within the meaning of 21 USC 342
, except that the
8department may not consider a food to be adulterated solely because it contains
9industrial hemp, as defined in s. 94.55 (1), or an industrial hemp product
348.27 (18) (a) 1. e. of the statutes is created to read:
(a) 1. e. Industrial hemp, as defined in s. 94.55 (1).
961.32 (3) of the statutes is created to read:
(a) In this subsection, “industrial hemp" has the meaning given in 14
s. 94.55 (1).
(b) A person licensed by the department of agriculture, trade and consumer 16
protection under s. 94.55 (2), and an agent or employee of the person acting in the 17
usual course of the agent's or employee's business or employment, may plant, grow, 18
cultivate, harvest, process, possess, transport, sell, deliver, distribute, or buy 19
industrial hemp in this state to the extent authorized by the person's license and in 20
conformity with s. 94.55 and the rules promulgated under that section. A person 21
licensed under s. 94.55 (2), and an agent or employee of the person acting in the usual 22
course of the agent's or employee's business or employment, who plants, grows, or 23
cultivates industrial hemp, may not be prosecuted for a criminal offense if the 24
delta-9-tetrahydrocannabinol concentration of the crop grown or cultivated is 1.5 25
percent or less on a dry weight basis, or if the person planted seed that has been
certified as having a delta-9-tetrahydrocannabinol concentration of no more than 2
0.3 percent. A person may not be prosecuted for a criminal offense for possessing, 3
transporting, selling, delivering, distributing, or buying industrial hemp in this 4
state if the industrial hemp was planted, grown, cultivated, harvested, and 5
processed by a person licensed under s. 94.55 (2) or by a person in another state or 6
country in accordance with the laws of that state or country.
961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and 8
amended to read:
(intro.) The failure, upon demand by any officer or employee 10
designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or 11
premises upon which the species of plants are growing or being stored, to produce an 12one of the following constitutes authority for the seizure and forfeiture of the plants
13described in sub. (7):
appropriate federal registration, or proof that the person is the holder 15
thereof, constitutes authority for the seizure and forfeiture of the plants
961.55 (8) (b) of the statutes is created to read:
(b) Evidence of licensure under s. 94.55 (2).
961.55 (9) of the statutes is created to read:
If a crop intended to be industrial hemp, as defined in s. 94.55 (1), 20
is tested for delta-9-tetrahydrocannabinol levels and the average concentration of 21
delta-9-tetrahydrocannabinol in a whole dry plant is found to exceed 1.0 percent, 22
the entire crop on the field where the plant was found shall be seized and destroyed. 23
Before a crop is seized and destroyed under this subsection, the agency whose officers 24
or employees intend to seize and destroy the crop shall provide, to the person licensed 25
under s. 94.55 (2) to grow the crop or to the person's agent or employee, written
documentation verifying the test results for the crop that is subject to seizure and 2
(1) Legislative findings
. The legislature finds all of the following:
(a) That the Cannabis sativa plant used for the production of industrial hemp 6
is separate and distinct from forms of Cannabis used to produce marijuana.
(b) That section 7606 of the federal farm bill of 2014, 7 USC 5940
, allows states 8
to establish agricultural pilot programs to study the growth, cultivation, or 9
marketing of industrial hemp.
(c) That industrial hemp is used in products such as building materials, 11
textiles, cordage, fiber, food, floor coverings, fuel, paint, animal feed, paper, particle 12
board, plastics, seed meal, cosmetics, seed, oil, and yarn.
(d) That cannabidiol and hemp seed oil have the ability to provide relief for 14
more maladies than medical marijuana, without psychotropic effect.
(e) That the growth, cultivation, and processing of industrial hemp will provide 16
an alternate crop to vitalize the agricultural sector in this state and will provide 17
production and processing jobs.