AB147: Bill Text

AB147,5,20 (c) A tribe in this state may create and administer an agricultural pilot program to study the growth, cultivation, or marketing of industrial hemp and may work with the department or an institution of higher education in creating and administering the program.

AB147,5,23 (d) The special committee on state-tribal relations created under s. 13.83 (3) may study economic development ventures related to industrial hemp, including compacts and manufacturing opportunities.

AB147,6,4 (7) Activities allowed without a license. Notwithstanding any other provision of law, a person may possess, transport, sell, distribute, or buy industrial hemp or industrial hemp products if the industrial hemp was planted, grown, cultivated, harvested, and processed by a person licensed under sub. (2). A person who engages in the activities under this subsection shall not be subject to any civil or criminal penalty under state law.

AB147,6,10 (8) Seed certification; Wisconsin heritage seed. (a) The Wisconsin Crop Improvement Association, or any successor organization, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, may establish and administer a certification program for industrial hemp seed in this state. Participation in the certification program shall be voluntary for growers and cultivators of industrial hemp.

AB147,6,14 (b) The University of Wisconsin-Madison College of Agricultural and Life Sciences and the department may develop a Wisconsin heritage seed for industrial hemp. In developing a Wisconsin heritage seed, the college and the department may do any of the following:

AB147,6,15 1. Breed, plant, grow, cultivate, and harvest the plant Cannabis.

AB147,6,17 2. Use Cannabis seeds that have a delta-9-tetrahydrocannabinol concentration of not more than 1.0 percent.

AB147,6,18 3. Collect seed from wild Cannabis plants.

AB147,6,24 (9) Testing of industrial hemp intended for consumption. (a) All industrial hemp and industrial hemp products intended for human consumption shall be tested by an independent testing laboratory to confirm a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and to confirm safe levels of potential contaminants. An independent testing laboratory shall have all of the following:

AB147,7,5 1. Accreditation by an impartial organization that provides accreditation pursuant to the standard ISO/IEC 17025 of the International Organization for Standardization and that is a signatory to the International Laboratory Accreditation Corporation Mutual Recognition Arrangement, or other comparable accreditation standard required by the department.

AB147,7,9 2. A demonstrated ability to accurately measure individual cannabinoids in both their acidic and neutral forms down to 0.05 percent by weight, including delta-9-tetrahydrocannabinol, delta-9-tetrahydrocannabinolic acid, cannabidiol, and cannabidiolic acid.

AB147,7,15 (b) An independent testing laboratory may possess industrial hemp and industrial hemp products grown, cultivated, harvested, or processed by a person licensed under sub. (2), for the purpose of testing under this subsection. Any testing performed by a laboratory under this subsection shall comply with the methodologies, ranges, and parameters for testing described in the laboratory's accreditation.

AB147,7,20 (c) The department may create a registration program to register persons to sample an industrial hemp crop and transport the industrial hemp sample to an independent testing laboratory. A person registered under this paragraph shall be trained by the department in sampling and chain of custody protocols. The department may charge a reasonable fee for registration and training.

AB147,8,2 (d) An independent testing laboratory that tests for an industrial hemp crop's delta-9-tetrahydrocannabinol concentration shall provide the test results to the department in a form and manner prescribed by the department. An independent testing laboratory shall provide to the department, at the department's request, test results from testing on any industrial hemp or industrial hemp product intended for human consumption.

AB147,8,4 (10) Rules. (a) The department shall promulgate rules for the administration of this section, including rules concerning all of the following:

AB147,8,5 1. Certifying industrial hemp seeds.

AB147,8,7 2. Sampling and testing plants during growth for delta-9-tetrahydrocannabinol levels.

AB147,8,9 3. Supervising the planting, growing, cultivating, harvesting, and processing of industrial hemp.

AB147,8,12 4. Safe levels of potential contaminants in industrial hemp and industrial hemp products intended for human consumption, including pesticides, heavy metals, residual solvents, and microbiological contaminants, for purposes of sub. (9).

AB147,8,14 5. Sampling and testing industrial hemp and industrial hemp products, including determining batch sizes, for purposes of sub. (9).

AB147,8,17 (b) The department may promulgate rules to require documentation relating to possessing, transporting, selling, distributing, or buying industrial hemp or industrial hemp products.

AB147,8,20 (11) Agricultural product or commodity. Industrial hemp and industrial hemp products shall be considered agricultural products or commodities under all applicable provisions of the statutes.

AB147,8,23 (12) Each provision of this section applies only to the extent that it is not contrary to or inconsistent with federal law. The secretary may seek a waiver from the federal drug enforcement agency to implement this section.

AB147,3 Section 3 . 94.67 (2) of the statutes is amended to read:

AB147,9,4 94.67 (2) “Agricultural commodity" means any plant or part of a plant, animal or animal product produced by a person primarily for sale, consumption, propagation or other use by humans or animals. “Agricultural commodity” includes industrial hemp, as defined in s. 94.55 (1).

AB147,4 Section 4 . 97.02 of the statutes is amended to read:

AB147,9,9 97.02 Standards; adulterated food. For the purposes of this chapter, a food is adulterated if it is adulterated within the meaning of 21 USC 342 , except that the department may not consider a food to be adulterated solely because it contains industrial hemp, as defined in s. 94.55 (1), or an industrial hemp product.

AB147,5 Section 5 . 348.27 (18) (a) 1. e. of the statutes is created to read:

AB147,9,11 348.27 (18) (a) 1. e. Industrial hemp, as defined in s. 94.55 (1).

AB147,6 Section 6 . 961.01 (14) of the statutes is amended to read:

AB147,9,22 961.01 (14) “Marijuana" means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana" does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. “Marijuana” does not include industrial hemp, as defined in s. 94.55 (1).

AB147,7 Section 7 . 961.32 (3) of the statutes is created to read:

AB147,9,25 961.32 (3) (a) In this subsection, “industrial hemp" has the meaning given in s. 94.55 (1).

AB147,10,10 (b) A person licensed by the department of agriculture, trade and consumer protection under s. 94.55 (2), or an agent or employee of the person acting in the usual course of the agent's or employee's business or employment, may plant, grow, cultivate, harvest, and process industrial hemp in this state to the extent permitted under federal law, to the extent authorized by the person's license, and in conformity with s. 94.55 and the rules promulgated under that section without being registered under federal law. To the extent permitted under federal law, a person may possess, transport, deliver, sell, distribute, or buy industrial hemp in this state without being registered under federal law if the industrial hemp was planted, grown, cultivated, harvested, and processed by a person licensed under s. 94.55 (2).

AB147,8 Section 8 . 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and amended to read:

AB147,10,17 961.55 (8) (intro.) The failure, upon demand by any officer or employee designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an one of the following constitutes authority for the seizure and forfeiture of the plants described in sub. (7):

AB147,10,19 (a) An appropriate federal registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

AB147,9 Section 9 . 961.55 (8) (b) of the statutes is created to read:

AB147,10,21 961.55 (8) (b) Evidence of licensure under s. 94.55.

AB147,10,22 (End)