LRB-0854/3
CMH&MED:amn
2017 - 2018 LEGISLATURE
January 24, 2017 - Introduced by Senators Wanggaard, Wirch, Testin, Bewley,
Carpenter, Craig, Erpenbach, Hansen, Johnson, Lasee, Ringhand, Roth,
Shilling, L. Taylor and C. Larson, cosponsored by Representatives Krug,
Vos, C. Taylor, Anderson, Ballweg, Berceau, Brandtjen, E. Brooks, R.
Brooks
, Doyle, Edming, Goyke, Kerkman, Kitchens, Kleefisch, Kooyenga,
Kremer, Loudenbeck, Mason, Murphy, Mursau, Novak, Ohnstad, Petryk,
Quinn, Riemer, Sargent, Schraa, Shankland, Spiros, Steffen, Subeck,
Thiesfeldt, Tittl, Wachs and Zamarripa. Referred to Committee on Judiciary
and Public Safety.
SB10,1,4 1An Act to renumber 961.32; to renumber and amend 961.38 (1n); to amend
2961.14 (4) (t) and 961.52 (2) (a) 1. and 2.; and to create 961.11 (4g) and 961.32
3(2m) of the statutes; relating to: definition of tetrahydrocannabinols and the
4use of cannabidiol.
Analysis by the Legislative Reference Bureau
Current law designates tetrahydrocannabinols as a Schedule I controlled
substance. Current law specifies that THC does not include cannabidiol (CBD oil)
in a form without a psychoactive effect that is dispensed by a pharmacy or physician
approved by the Controlled Substances Board or that is possessed by an individual
who has documentation from a physician that the CBD oil is used to treat a seizure
disorder. This bill specifies that the documentation must be a certification issued by
a physician within the previous year stating why the individual possesses the CBD
oil and that the individual may possess CBD oil to treat a medical condition, not just
a seizure disorder.
Under current law, if a substance is designated, rescheduled, or deleted as a
controlled substance under federal law, the controlled substances board must
similarly treat the substance under state law within 30 days unless there is an
objection, in which case the board must follow certain other procedures before the
substance is designated, rescheduled, or deleted. This bill requires that, if CBD oil
is rescheduled or deleted as a controlled substance under federal law, the board must

similarly treat CBD oil under state law as soon as practically possible, but within 30
days, and does not allow for an objection.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB10,1 1Section 1. 961.11 (4g) of the statutes is created to read:
SB10,2,102 961.11 (4g) Notwithstanding sub. (4), if cannabidiol is rescheduled or deleted
3as a controlled substance under federal law, the controlled substances board shall
4similarly treat cannabidiol under this chapter as soon as practically possible but no
5later than 30 days from the date of publication in the federal register of a final order
6rescheduling or deleting cannabidiol or from the date of issuance of an order of
7temporary scheduling under 21 USC 811 (h). The board shall promulgate, without
8making the determinations or findings required by subs. (1), (1m), (1r), and (2) or s.
9961.13, 961.15, 961.17, 961.19, or 961.21, a final rule, for which notice of proposed
10rule making is omitted, rescheduling or deleting cannabidiol.
SB10,2 11Section 2. 961.14 (4) (t) of the statutes is amended to read:
SB10,2,1612 961.14 (4) (t) Tetrahydrocannabinols, commonly known as “THC", in any form
13including tetrahydrocannabinols contained in marijuana, obtained from marijuana,
14or chemically synthesized, except that tetrahydrocannabinols do not include
15cannabidiol in a form without a psychoactive effect that is dispensed or documented
16as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b);
SB10,3 17Section 3. 961.32 of the statutes is renumbered 961.32 (1m).
SB10,4 18Section 4. 961.32 (2m) of the statutes is created to read:
SB10,2,2119 961.32 (2m) (a) In this subsection, “certification" means a letter or other official
20document issued by a physician licensed under s. 448.04 (1) (a) that contains all of
21the following:
SB10,3,1
11. The name, address, and telephone number of the physician.
SB10,3,22 2. The name and address of the patient who is issued the letter or document.
SB10,3,33 3. The date on which the letter or document is issued.
SB10,3,84 (b) An individual may possess cannabidiol in a form without a psychoactive
5effect if the individual has certification stating that the individual possesses
6cannabidiol to treat a medical condition, if the certification has an issue date that is
7no more than one year prior to the possession, and if any expiration date provided
8by the physician in the certification has not passed.
SB10,5 9Section 5. 961.38 (1n) of the statutes is renumbered 961.38 (1n) (a) and
10amended to read:
SB10,3,1311 961.38 (1n) (a) A pharmacy or physician approved under s. 961.34 (2) (a) or (b)
12may dispense cannabidiol in a form without a psychoactive effect as a treatment for
13a seizure disorder or any medical condition.
SB10,3,18 14(b) A physician licensed under s. 448.04 (1) (a) may provide issue an individual
15with a hard copy of a letter or other official documentation certification, as defined
16in s. 961.32 (2m) (a),
stating that the individual possesses cannabidiol to treat a
17seizure disorder medical condition if the cannabidiol is in a form without a
18psychoactive effect.
SB10,6 19Section 6. 961.52 (2) (a) 1. and 2. of the statutes are amended to read:
SB10,3,2220 961.52 (2) (a) 1. Places where persons authorized under s. 961.32 (1m) to
21possess controlled substances in this state are required by federal law to keep
22records; and
SB10,4,223 2. Places including factories, warehouses, establishments and conveyances in
24which persons authorized under s. 961.32 (1m) to possess controlled substances in

1this state are permitted by federal law to hold, manufacture, compound, process, sell,
2deliver or otherwise dispose of any controlled substance.
SB10,4,33 (End)
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