AB740: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB740, s. 1 Section 1. 20.115 (7) (gc) of the statutes is created to read:

AB740,2,3 20.115 (7) (gc) Industrial hemp. All moneys received under s. 94.55 for regulation of growing and processing industrial hemp under s. 94.55.

AB740, s. 2 Section 2. 94.55 of the statutes is created to read:

AB740,2,7 94.55 Industrial hemp. (1) Definition. In this section, "industrial hemp" means the plant Cannabis sativa having no more than 0.3 percent tetrahydrocannabinol.

AB740,2,10 (2) Licensing. (a) The department shall issue licenses that authorize growing, processing, and, in conjunction with growing or processing, selling industrial hemp for commercial purposes or research.

AB740,2,15 (b) A person applying for a license under this subsection shall provide the name and address of the applicant and the legal description of the land on which industrial hemp will be grown or processed and shall pay a fee equal to $150 or, if the person will grow industrial hemp, the greater of $150 or $5 times the number of acres on which the person will grow industrial hemp.

AB740,3,3 (c) 1. The department shall obtain a criminal history search from the records maintained by the department of justice for each person applying for initial licensure under this subsection.

AB740,3,5 2. The department may not issue a license if the person has ever been convicted of a violation of ch. 961 as indicated in the information obtained under subd. 1.

AB740,3,7 3. Information obtained by the department under subd. 1. is confidential and may be used only to determine eligibility for licensure.

AB740,3,8 (d) A license issued under this subsection is valid for one year.

AB740,3,10 (3) Documentation and reporting requirements. (a) A licensee under sub. (2) who grows industrial hemp shall provide all of the following to the department:

AB740,3,12 1. Documentation showing that the seeds planted were of a variety certified to have no more than 0.3 percent tetrahydrocannabinol.

AB740,3,13 2. A copy of any contract under which the licensee grows industrial hemp.

AB740,3,16 (b) A licensee under sub. (2) shall report to the department the name and address of each person to whom the licensee sells industrial hemp and the amount of industrial hemp sold to each person.

AB740,3,19 (4) Authority to import and sell seed. A person licensed under sub. (2) may bring into this state and resell seed of varieties of industrial hemp that are certified to have no more than 0.3 percent tetrahydrocannabinol.

AB740,3,21 (5) Rules. The department shall promulgate rules for the administration of this section including rules concerning all of the following:

AB740,3,22 (a) Certifying industrial hemp seeds.

AB740,3,23 (b) Testing plants during growth for tetrahydrocannabinol levels.

AB740,3,24 (c) Supervising the growing, harvesting, and processing of industrial hemp.

AB740, s. 3 Section 3. 961.32 (3) of the statutes is created to read:

AB740,4,2 961.32 (3) (a) In this subsection, "industrial hemp" has the meaning given in s. 94.55 (1).

AB740,4,8 (b) A person licensed by the department of agriculture, trade and consumer protection under s. 94.55 (2), and an agent or employee of the person acting in the usual course of the agent's or employee's business or employment, may plant, cultivate, grow, harvest, process, possess, and deliver industrial hemp in this state to the extent authorized by the person's license and in conformity with s. 94.55 and the rules promulgated under that section.

AB740, s. 4 Section 4. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and amended to read:

AB740,4,15 961.55 (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):

AB740,4,17 (a) An appropriate federal registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

AB740, s. 5 Section 5. 961.55 (8) (b) of the statutes is created to read:

AB740,4,19 961.55 (8) (b) Evidence of licensure under s. 94.55.

AB740,4,20 (End)