LRBa0451/1
MCP/ZDW/EAW:all
2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 206
August 13, 2019 - Offered by Representatives Kurtz and Considine.
AB206-AA1,1,11 At the locations indicated, amend the bill as follows:
AB206-AA1,1,3 21. Page 2, line 5: delete the material beginning with “granting" and ending
3with “appropriation" on line 6 and substitute “and granting rule-making authority”.
AB206-AA1,1,5 42. Page 4, line 1: delete the material beginning with that line and ending with
5page 7, line 4, and substitute:
AB206-AA1,1,6 6 Section 4m. 23.33 (1) (jo) 5. of the statutes is amended to read:
AB206-AA1,1,97 23.33 (1) (jo) 5. Delta-9-tetrahydrocannabinol , excluding its precursors or
8metabolites, at a concentration of one or more nanograms per milliliter of a person's
9blood
.
AB206-AA1,7m 10Section 7m. 23.335 (1) (zgm) 5. of the statutes is amended to read:
AB206-AA1,1,1311 23.335 (1) (zgm) 5. Delta-9-tetrahydrocannabinol , excluding its precursors or
12metabolites, at a concentration of one or more nanograms per milliliter of a person's
13blood
.
AB206-AA1,10m
1Section 10m. 30.50 (10m) (e) of the statutes is amended to read:
AB206-AA1,2,42 30.50 (10m) (e) Delta-9-tetrahydrocannabinol, excluding its precursors or
3metabolites, at a concentration of one or more nanograms per milliliter of a person's
4blood
.”.
AB206-AA1,2,14 53. Page 13, line 13: before “No person may" insert “The department, with the
6assistance of the department of justice, shall, if required for federal authorization of
7this state's hemp program, conduct a background investigation of any person who
8applies to the department to produce hemp in this state, which shall include
9requiring the person to be fingerprinted on 2 fingerprint cards each bearing a
10complete set of the person's fingerprints, or by other technologies approved by law
11enforcement agencies. The department of justice shall submit any such fingerprint
12cards to the federal bureau of investigation for the purposes of verifying the identity
13of the person fingerprinted and obtaining records of his or her criminal arrests and
14convictions.".
AB206-AA1,2,15 154. Page 13, line 15: delete “holds" and substitute “held".
AB206-AA1,2,18 165. Page 13, line 17: delete the material beginning with “the effective date" and
17ending with “[LRB inserts date]" on line 18 and substitute “December 20, 2018, and
18the felony conviction occurred prior to that date”.
AB206-AA1,2,20 196. Page 16, line 18: delete the material beginning with that line and ending
20with page 18, line 2, and substitute:
AB206-AA1,2,21 21 Section 44m. 340.01 (50m) (e) of the statutes is amended to read:
AB206-AA1,2,2422 340.01 (50m) (e) Delta-9-tetrahydrocannabinol, excluding its precursors or
23metabolites, at a concentration of one or more nanograms per milliliter of a person's
24blood
.
AB206-AA1,47m
1Section 47m. 343.305 (8) (b) 4m. a. of the statutes is amended to read:
AB206-AA1,3,72 343.305 (8) (b) 4m. a. A blood test administered in accordance with this section
3indicated that the person had a detectable amount of methamphetamine , or
4gamma-hydroxybutyric acid, or a concentration of one or more nanograms of
5delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, per
6milliliter of the person's blood
but did not have a detectable amount of any other
7restricted controlled substance in his or her blood.”.
AB206-AA1,3,9 87. Page 18, line 5: delete the material beginning with that line and ending with
9page 20, line 2, and substitute:
AB206-AA1,3,10 10 Section 52m. 350.01 (10v) (e) of the statutes is amended to read:
AB206-AA1,3,1311 350.01 (10v) (e) Delta-9-tetrahydrocannabinol, excluding its precursors or
12metabolites, at a concentration of one or more nanograms per milliliter of a person's
13blood
.
AB206-AA1,54g 14Section 54g. 446.01 (2) (a) of the statutes is amended to read:
AB206-AA1,3,2115 446.01 (2) (a) To examine into the fact, condition, or cause of departure from
16complete health and proper condition of the human; to treat without the use of drugs
17as defined in s. 450.01 (10), other than hemp, as defined under s. 94.55 (1), or surgery;
18to counsel; to advise for the same for the restoration and preservation of health or to
19undertake, offer, advertise, announce or hold out in any manner to do any of the
20aforementioned acts, for compensation, direct or indirect or in expectation thereof;
21and
AB206-AA1,54n 22Section 54n. 450.03 (1) (k) of the statutes is created to read:
AB206-AA1,4,3
1450.03 (1) (k) A person who sells, gives away, or barters hemp, as defined in s.
294.55 (1), or takes any of the actions described in s. 450.01 (16) (a) to (k) in relation
3to hemp.
AB206-AA1,54r 4Section 54r. 450.07 (1) of the statutes is amended to read:
AB206-AA1,4,85 450.07 (1) No Except as provided under sub. (1m), no person may engage in
6manufacturing in this state unless the person obtains a manufacturer's license from
7the board. For the issuance of a license under this subsection, the applicant shall pay
8the initial credential fee determined by the department under s. 440.03 (9) (a).
AB206-AA1,54w 9Section 54w. 450.07 (1m) of the statutes is created to read:
AB206-AA1,4,1110 450.07 (1m) A license is not required under this section for a person to engage
11in manufacturing of hemp, as defined in s. 94.55 (1).
AB206-AA1,55g 12Section 55g. 885.235 (1) (d) 5. of the statutes is amended to read:
AB206-AA1,4,1513 885.235 (1) (d) 5. Delta-9-tetrahydrocannabinol , excluding its precursors or
14metabolites, at a concentration of one or more nanograms per milliliter of a person's
15blood
.
AB206-AA1,55r 16Section 55r. 885.235 (5) of the statutes is created to read:
AB206-AA1,4,2417 885.235 (5) Notwithstanding sub. (4), in any action or proceeding for a violation
18of s. 23.33 (4c) (a) 2m. or (b) 2m., 23.335 (12) (a) 2m. or (b) 2m., 30.681 (1) (b) 1m. or
19(2) (b) 1m., 346.63 (1) (am) or (2) (a) 3., 350.101 (1) (bm) or (2) (bm), 940.09 (1) (am)
20or (cm) or (1g) (am) or (cm), 940.25 (1) (am) or (cm), or 941.20 (1) (bm), the only form
21of chemical analysis of a sample of human biological material that is admissible as
22evidence bearing on the question of whether or not the person had
23delta-9-tetrahydrocannabinol at a concentration of one or more nanograms per
24milliliter of the person's blood is a chemical analysis of a sample of the person's blood.
AB206-AA1,56m 25Section 56m. 939.22 (33) (e) of the statutes is amended to read:
AB206-AA1,5,3
1939.22 (33) (e) Delta-9-tetrahydrocannabinol , excluding its precursors or
2metabolites, at a concentration of one or more nanograms per milliliter of a person's
3blood
.”.
AB206-AA1,5,4 48. Page 20, line 17: after that line insert:
AB206-AA1,5,5 5 Section 61m. 961.11 (4g) of the statutes is amended to read:
AB206-AA1,5,156 961.11 (4g) Notwithstanding sub. (4), if cannabidiol or nabiximols is
7rescheduled or deleted as a controlled substance under federal law, the controlled
8substances board shall similarly treat cannabidiol or nabiximols under this chapter
9as soon as practically possible but no later than 30 days from the date of publication
10in the federal register of a final order rescheduling or deleting cannabidiol or
11nabiximols
or from the date of issuance of an order of temporary scheduling under
1221 USC 811 (h). The board shall promulgate, without making the determinations or
13findings required by subs. (1), (1m), (1r), and (2) or s. 961.13, 961.15, 961.17, 961.19,
14or 961.21, a final rule, for which notice of proposed rule making is omitted,
15rescheduling or deleting cannabidiol or nabiximols.”.
AB206-AA1,5,16 169. Page 24, line 12: after “is" insert “renumbered 961.34 (2) and".
AB206-AA1,5,21 1710. Page 24, line 15: delete lines 15 to 18 and substitute “permit under 21 USC
18355
(i) for cannabidiol as treatment for a seizure disorder. If the federal food and drug
19administration issues an investigational drug permit, the controlled substances
20board shall approve which pharmacies and physicians may dispense cannabidiol to
21patients
medical condition.”.
AB206-AA1,5,22 2211. Page 24, line 19: delete “amended to read:" and substitute “repealed.".
AB206-AA1,5,23 2312. Page 24, line 20: delete lines 20 to 25.
AB206-AA1,5,24 2413. Page 25, line 2: delete “(a) or (b)" and substitute “(a) or (b)".
AB206-AA1,6,1
114. Page 26, line 4: delete that line and substitute:
AB206-AA1,6,2 2 Section 83m. 967.055 (1m) (b) 5. of the statutes is amended to read:
AB206-AA1,6,53 967.055 (1m) (b) 5. Delta-9-tetrahydrocannabinol , excluding its precursors or
4metabolites, at a concentration of one or more nanograms per milliliter of a person's
5blood
.”.
AB206-AA1,6,6 615. Page 26, line 12: delete lines 12 to 21.
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