LRBs0245/2
RCT:nwn:ph
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 206
January 20, 2010 - Offered by Representatives Molepske Jr., Garthwaite,
Vruwink and Danou.
AB206-ASA1,1,4
1An Act to renumber and amend 961.55 (8); and
to create 20.115 (7) (gc), 94.55,
2961.32 (3) and 961.55 (8) (b) of the statutes;
relating to: growing and
3processing industrial hemp, granting rule-making authority, and making an
4appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB206-ASA1, s. 1
5Section
1. 20.115 (7) (gc) of the statutes is created to read:
AB206-ASA1,1,76
20.115
(7) (gc)
Industrial hemp. All moneys received under s. 94.55 for
7regulation of growing and processing industrial hemp under s. 94.55.
AB206-ASA1,1,11
994.55 Industrial hemp. (1) Definition. In this section, "industrial hemp"
10means the plant Cannabis sativa having no more than 0.3 percent
11tetrahydrocannabinol.
AB206-ASA1,2,3
1(2) Licensing. (a) The department shall issue licenses that authorize growing,
2processing, and, in conjunction with growing or processing, selling industrial hemp
3for commercial purposes or research.
AB206-ASA1,2,84
(b) A person applying for a license under this subsection shall provide the name
5and address of the applicant and the legal description of the land on which industrial
6hemp will be grown or processed and shall pay a fee equal to $150 or, if the person
7will grow industrial hemp, the greater of $150 or $5 times the number of acres on
8which the person will grow industrial hemp.
AB206-ASA1,2,119
(c) 1. The department shall obtain a criminal history search from the records
10maintained by the department of justice for each person applying for initial licensure
11under this subsection.
AB206-ASA1,2,1312
2. The department may not issue a license if the person has ever been convicted
13of a violation of ch. 961 as indicated in the information obtained under subd. 1.
AB206-ASA1,2,1514
3. Information obtained by the department under subd. 1. is confidential and
15may be used only to determine eligibility for licensure.
AB206-ASA1,2,1616
(d) A license issued under this subsection is valid for one year.
AB206-ASA1,2,18
17(3) Documentation and reporting requirements. (a) A licensee under sub. (2)
18who grows industrial hemp shall provide all of the following to the department:
AB206-ASA1,2,2019
1. Documentation showing that the seeds planted were of a variety certified to
20have no more than 0.3 percent tetrahydrocannabinol.
AB206-ASA1,2,2121
2. A copy of any contract under which the licensee grows industrial hemp.
AB206-ASA1,2,2422
(b) A licensee under sub. (2) shall report to the department the name and
23address of each person to whom the licensee sells industrial hemp and the amount
24of industrial hemp sold to each person.
AB206-ASA1,3,3
1(4) Authority to import and sell seed. A person licensed under sub. (2) may
2bring into this state and resell industrial hemp seed that is certified to have no more
3than 0.3 percent tetrahydrocannabinol.
AB206-ASA1,3,5
4(5) Rules. The department shall promulgate rules for the administration of
5this section including rules concerning all of the following:
AB206-ASA1,3,66
(a) Certifying industrial hemp seeds.
AB206-ASA1,3,77
(b) Testing plants during growth for tetrahydrocannabinol levels.
AB206-ASA1,3,88
(c) Supervising the growing, harvesting, and processing of industrial hemp.
AB206-ASA1,3,1110
961.32
(3) (a) In this subsection, "industrial hemp" has the meaning given in
11s. 94.55 (1).
AB206-ASA1,3,1712
(b) A person licensed by the department of agriculture, trade and consumer
13protection under s. 94.55 (2), and an agent or employee of the person acting in the
14usual course of the agent's or employee's business or employment, may plant,
15cultivate, grow, harvest, process, possess, and deliver industrial hemp in this state
16to the extent authorized by the person's license and in conformity with s. 94.55 and
17the rules promulgated under that section.
AB206-ASA1, s. 4
18Section
4. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and
19amended to read:
AB206-ASA1,3,2420
961.55
(8) (intro.) The failure, upon demand by any officer or employee
21designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or
22premises upon which the species of plants are growing or being stored, to produce
an 23one of the following constitutes authority for the seizure and forfeiture of the plants
24described in sub. (7):
AB206-ASA1,4,2
1(a) An appropriate federal registration, or proof that the person is the holder
2thereof
, constitutes authority for the seizure and forfeiture of the plants.
AB206-ASA1,4,44
961.55
(8) (b) Evidence of licensure under s. 94.55.
