2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 638
March 14, 2014 - Offered by Representative Vruwink.
AB638-ASA1,1,3 1An Act to renumber and amend 961.55 (8); and to create 94.55, 961.32 (3) and
2961.55 (8) (b) of the statutes; relating to: growing and processing industrial
3hemp for research purposes and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Current law places various restrictions on the possession, manufacture, and
delivery of controlled substances. One such controlled substance is
tetrahydrocannabinol (THC), including THC contained in or obtained from
marijuana. The controlled substances law defines marijuana as all parts of plants
of the genus Cannabis, whether growing or not, and most derivatives or preparations
of the plants (though it does not include, for instance, fiber produced from the stalks
or oil made from the seeds of the plants). THC is currently placed in the most
restrictive category of controlled substances: it may not be prescribed for medical use
and may be manufactured and possessed only for particular purposes (such as
research) under special permits.
Growing and possessing the plant Cannabis is also generally prohibited by
federal law. The 2014 federal farm bill, Public Law 113-79, authorizes a state
agriculture department or an institution of higher education to grow industrial hemp
for the purpose of conducting research related to growing or marketing industrial
hemp in states that allow it. Industrial hemp is defined as the plant Cannabis sativa
with no more than 0.3 percent THC.

This substitute amendment authorizes the Department of Agriculture, Trade
and Consumer Protection (DATCP) and institutions of higher education to grow and
possess industrial hemp for the purpose of conducting research related to growing
or marketing industrial hemp. The industrial hemp may only be grown on sites that
are registered with and certified by DATCP.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB638-ASA1,1 1Section 1. 94.55 of the statutes is created to read:
AB638-ASA1,2,2 294.55 Industrial hemp research. (1) Definitions. In this section:
AB638-ASA1,2,53 (a) "Industrial hemp" means the plant Cannabis sativa L., and any part of the
4plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration
5of not more than 0.3 percent on a dry weight basis.
AB638-ASA1,2,66 (b) "Institution of higher education" has the meaning given in 20 USC 1001.
AB638-ASA1,2,8 7(2) Research allowed. The department or an institution of higher education
8may grow and possess industrial hemp if all of the following apply:
AB638-ASA1,2,109 (a) The industrial hemp is grown and possessed for the purpose of conducting
10research on the growth or marketing of industrial hemp.
AB638-ASA1,2,1211 (b) The industrial hemp is grown on a site registered with and certified by the
12department for purposes of this section.
AB638-ASA1,2,14 13(3) Certification. The department shall issue evidence of certification for each
14site that it certifies under sub. (2) (b).
AB638-ASA1,2,16 15(4) Rules. The department may promulgate rules for the administration of this
16section in accordance with P.L. 113-79, section 7606.
AB638-ASA1,2 17Section 2. 961.32 (3) of the statutes is created to read:
AB638-ASA1,3,518 961.32 (3) The department of agriculture, trade and consumer protection or an
19institution of higher education, as defined in 20 USC 1001, and an agent or employee

1of the department or institution, may grow and possess industrial hemp for the
2purposes of conducting research in conformity with s. 94.55 (2) and any rules
3promulgated under s. 94.55 (3) without being registered under federal law and,
4notwithstanding s. 961.335 (1), without a permit from the controlled substances
5board.
AB638-ASA1,3 6Section 3. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and
7amended to read:
AB638-ASA1,3,128 961.55 (8) (intro.) The failure, upon demand by any officer or employee
9designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or
10premises upon which the species of plants are growing or being stored, to produce an
11one of the following constitutes authority for the seizure and forfeiture of the plants
12described in sub. (7):
AB638-ASA1,3,14 13(a) An appropriate federal registration, or proof that the person is the holder
14thereof, constitutes authority for the seizure and forfeiture of the plants.
AB638-ASA1,4 15Section 4. 961.55 (8) (b) of the statutes is created to read:
AB638-ASA1,3,1616 961.55 (8) (b) Evidence of certification of the land or premises under s. 94.55.
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