AB147,2 4Section 2 . 94.55 of the statutes is created to read:
AB147,3,4
194.55 Industrial hemp. (1) Definition. In this section, “industrial hemp"
2means the plant Cannabis or any part of the plant Cannabis, whether growing or not,
3that has a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent
4on a dry weight basis.
AB147,3,7 5(2) Licensing. (a) The department shall issue licenses that authorize the
6planting, growing, cultivating, harvesting, and processing of industrial hemp for
7commercial purposes or research.
AB147,3,98 (b) A person applying for a license under this subsection shall provide all of the
9following to the department, in a form and manner prescribed by the department:
AB147,3,1010 1. The name and address of the applicant.
AB147,3,1311 2. If the applicant is a business entity, the name and address of the chief
12executive officer or, in the case of a partnership or limited liability company, the
13names and addresses of the partners or members.
AB147,3,1514 3. The legal description of the land on which the industrial hemp will be
15planted, grown, cultivated, or processed.
AB147,3,1716 4. The global positioning system coordinates of the land on which the industrial
17hemp will be planted, grown, cultivated, or processed.
AB147,3,1818 5. Any other information required by the department by rule.
AB147,3,2219 (c) A person applying for a license or a renewed license under this subsection
20shall pay to the department a fee of $150 or, if the person will plant, grow, or cultivate
21industrial hemp, the greater of $150 or $5 multiplied by the number of acres on which
22the person will plant, grow, or cultivate industrial hemp, but not to exceed $1,000.
AB147,3,2523 (d) A license issued under this subsection is valid for one year. A person
24licensed under this subsection may apply for a renewal of the license in a form and
25manner prescribed by the department.
AB147,4,4
1(3) Records retention. (a) A person licensed under sub. (2) who grows or
2cultivates industrial hemp and transfers the industrial hemp to a person licensed
3under sub. (2) who processes industrial hemp shall maintain, for at least 3 years
4following the transfer, records showing the following information:
AB147,4,55 1. The name and address of the processor that received the industrial hemp.
AB147,4,66 2. The amount of industrial hemp transferred.
AB147,4,87 3. Any test results received from an independent testing laboratory showing
8the delta-9-tetrahydrocannabinol concentration of the industrial hemp.
AB147,4,119 (b) A person required to retain records under par. (a) shall, upon receiving at
10least 3 days' notice, make the records available for inspection by the department
11during normal business hours.
AB147,4,15 12(4) Authority of license holders to import and sell seed. In addition to
13planting, growing, cultivating, and processing industrial hemp for commercial
14purposes or research and the other activities allowed under this section, a person
15licensed under sub. (2) may do any of the following:
AB147,4,1716 (a) Use any method to produce industrial hemp, including planting seeds or
17starts and using clones or cuttings.
AB147,4,1918 (b) Plant, grow, and cultivate industrial hemp from uncertified industrial hemp
19seed, starts, clones, or cuttings.
AB147,4,2020 (c) Bring into this state and resell certified or uncertified industrial hemp seed.
AB147,4,2221 (d) Retain certified or uncertified industrial hemp seed for the purpose of
22planting, growing, or cultivating industrial hemp at a later date.
AB147,4,2523 (e) Retain hemp that has a delta-9-tetrahydrocannabinol concentration of
24more than 0.3 percent but not more than 1.0 percent on a dry weight basis for the
25purpose of reconditioning the hemp into industrial hemp.
AB147,5,3
1(5) Authority of the department and institutions of higher education. (a)
2The department or an institution of higher education may do any of the following,
3in addition to the other activities allowed under this section:
AB147,5,54 1. Create and administer an agricultural pilot program to study the growth,
5cultivation, or marketing of industrial hemp.
AB147,5,66 2. Bring into this state and resell industrial hemp seed.
AB147,5,107 (b) The department or an institution of higher learning may plant, grow, or
8cultivate industrial hemp only if the industrial hemp is planted, grown, or cultivated
9for purposes of research conducted under an agricultural pilot program under par.
10(a) or for other agricultural or academic research.
AB147,5,13 11(6) Tribal authority; special committee study. (a) Notwithstanding sub. (2),
12a tribe in this state may plant, grow, cultivate, process, possess, transport, sell,
13distribute, or buy industrial hemp without a license or permit from any agency.
AB147,5,1614 (b) A member of a tribe in this state may not plant, grow, cultivate, or process
15industrial hemp without a license issued by the department under sub. (2) or a
16license issued by the member's tribe.
AB147,5,2017 (c) A tribe in this state may create and administer an agricultural pilot program
18to study the growth, cultivation, or marketing of industrial hemp and may work with
19the department or an institution of higher education in creating and administering
20the program.
AB147,5,2321 (d) The special committee on state-tribal relations created under s. 13.83 (3)
22may study economic development ventures related to industrial hemp, including
23compacts and manufacturing opportunities.
AB147,6,4 24(7) Activities allowed without a license. Notwithstanding any other
25provision of law, a person may possess, transport, sell, distribute, or buy industrial

1hemp or industrial hemp products if the industrial hemp was planted, grown,
2cultivated, harvested, and processed by a person licensed under sub. (2). A person
3who engages in the activities under this subsection shall not be subject to any civil
4or criminal penalty under state law.
AB147,6,10 5(8) Seed certification; Wisconsin heritage seed. (a) The Wisconsin Crop
6Improvement Association, or any successor organization, in cooperation with the
7University of Wisconsin-Madison College of Agricultural and Life Sciences and the
8department, may establish and administer a certification program for industrial
9hemp seed in this state. Participation in the certification program shall be voluntary
10for growers and cultivators of industrial hemp.
AB147,6,1411 (b) The University of Wisconsin-Madison College of Agricultural and Life
12Sciences and the department may develop a Wisconsin heritage seed for industrial
13hemp. In developing a Wisconsin heritage seed, the college and the department may
14do any of the following:
AB147,6,1515 1. Breed, plant, grow, cultivate, and harvest the plant Cannabis.
AB147,6,1716 2. Use Cannabis seeds that have a delta-9-tetrahydrocannabinol
17concentration of not more than 1.0 percent.
AB147,6,1818 3. Collect seed from wild Cannabis plants.
AB147,6,24 19(9) Testing of industrial hemp intended for consumption. (a) All industrial
20hemp and industrial hemp products intended for human consumption shall be tested
21by an independent testing laboratory to confirm a delta-9-tetrahydrocannabinol
22concentration of not more than 0.3 percent on a dry weight basis and to confirm safe
23levels of potential contaminants. An independent testing laboratory shall have all
24of the following:
AB147,7,5
11. Accreditation by an impartial organization that provides accreditation
2pursuant to the standard ISO/IEC 17025 of the International Organization for
3Standardization and that is a signatory to the International Laboratory
4Accreditation Corporation Mutual Recognition Arrangement, or other comparable
5accreditation standard required by the department.
AB147,7,96 2. A demonstrated ability to accurately measure individual cannabinoids in
7both their acidic and neutral forms down to 0.05 percent by weight, including
8delta-9-tetrahydrocannabinol, delta-9-tetrahydrocannabinolic acid, cannabidiol,
9and cannabidiolic acid.
AB147,7,1510 (b) An independent testing laboratory may possess industrial hemp and
11industrial hemp products grown, cultivated, harvested, or processed by a person
12licensed under sub. (2), for the purpose of testing under this subsection. Any testing
13performed by a laboratory under this subsection shall comply with the
14methodologies, ranges, and parameters for testing described in the laboratory's
15accreditation.
AB147,7,2016 (c) The department may create a registration program to register persons to
17sample an industrial hemp crop and transport the industrial hemp sample to an
18independent testing laboratory. A person registered under this paragraph shall be
19trained by the department in sampling and chain of custody protocols. The
20department may charge a reasonable fee for registration and training.
AB147,8,221 (d) An independent testing laboratory that tests for an industrial hemp crop's
22delta-9-tetrahydrocannabinol concentration shall provide the test results to the
23department in a form and manner prescribed by the department. An independent
24testing laboratory shall provide to the department, at the department's request, test

1results from testing on any industrial hemp or industrial hemp product intended for
2human consumption.
AB147,8,4 3(10) Rules. (a) The department shall promulgate rules for the administration
4of this section, including rules concerning all of the following:
AB147,8,55 1. Certifying industrial hemp seeds.
AB147,8,76 2. Sampling and testing plants during growth for
7delta-9-tetrahydrocannabinol levels.
AB147,8,98 3. Supervising the planting, growing, cultivating, harvesting, and processing
9of industrial hemp.
AB147,8,1210 4. Safe levels of potential contaminants in industrial hemp and industrial
11hemp products intended for human consumption, including pesticides, heavy
12metals, residual solvents, and microbiological contaminants, for purposes of sub. (9).
AB147,8,1413 5. Sampling and testing industrial hemp and industrial hemp products,
14including determining batch sizes, for purposes of sub. (9).
AB147,8,1715 (b) The department may promulgate rules to require documentation relating
16to possessing, transporting, selling, distributing, or buying industrial hemp or
17industrial hemp products.
AB147,8,20 18(11) Agricultural product or commodity. Industrial hemp and industrial
19hemp products shall be considered agricultural products or commodities under all
20applicable provisions of the statutes.
AB147,8,23 21(12) Each provision of this section applies only to the extent that it is not
22contrary to or inconsistent with federal law. The secretary may seek a waiver from
23the federal drug enforcement agency to implement this section.
AB147,3 24Section 3 . 94.67 (2) of the statutes is amended to read:
AB147,9,4
194.67 (2) “Agricultural commodity" means any plant or part of a plant, animal
2or animal product produced by a person primarily for sale, consumption, propagation
3or other use by humans or animals. “Agricultural commodity” includes industrial
4hemp, as defined in s. 94.55 (1).
AB147,4 5Section 4 . 97.02 of the statutes is amended to read:
AB147,9,9 697.02 Standards; adulterated food. For the purposes of this chapter, a food
7is 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
.
AB147,5 10Section 5 . 348.27 (18) (a) 1. e. of the statutes is created to read:
AB147,9,1111 348.27 (18) (a) 1. e. Industrial hemp, as defined in s. 94.55 (1).
AB147,6 12Section 6 . 961.01 (14) of the statutes is amended to read:
AB147,9,2213 961.01 (14) “Marijuana" means all parts of the plants of the genus Cannabis,
14whether growing or not; the seeds thereof; the resin extracted from any part of the
15plant; and every compound, manufacture, salt, derivative, mixture or preparation of
16the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana" does
17include the mature stalks if mixed with other parts of the plant, but does not include
18fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
19compound, manufacture, salt, derivative, mixture or preparation of the mature
20stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed
21of the plant which is incapable of germination. “Marijuana” does not include
22industrial hemp, as defined in s. 94.55 (1).
AB147,7 23Section 7 . 961.32 (3) of the statutes is created to read:
AB147,9,2524 961.32 (3) (a) In this subsection, “industrial hemp" has the meaning given in
25s. 94.55 (1).
AB147,10,10
1(b) A person licensed by the department of agriculture, trade and consumer
2protection under s. 94.55 (2), or an agent or employee of the person acting in the usual
3course of the agent's or employee's business or employment, may plant, grow,
4cultivate, harvest, and process industrial hemp in this state to the extent permitted
5under federal law, to the extent authorized by the person's license, and in conformity
6with s. 94.55 and the rules promulgated under that section without being registered
7under federal law. To the extent permitted under federal law, a person may possess,
8transport, deliver, sell, distribute, or buy industrial hemp in this state without being
9registered under federal law if the industrial hemp was planted, grown, cultivated,
10harvested, and processed by a person licensed under s. 94.55 (2).
AB147,8 11Section 8 . 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and
12amended to read:
AB147,10,1713 961.55 (8) (intro.) The failure, upon demand by any officer or employee
14designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or
15premises upon which the species of plants are growing or being stored, to produce an
16one of the following constitutes authority for the seizure and forfeiture of the plants
17described in sub. (7):
AB147,10,19 18(a) An appropriate federal registration, or proof that the person is the holder
19thereof, constitutes authority for the seizure and forfeiture of the plants.
AB147,9 20Section 9 . 961.55 (8) (b) of the statutes is created to read:
AB147,10,2121 961.55 (8) (b) Evidence of licensure under s. 94.55.
AB147,10,2222 (End)
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