SB188,71 24Section 71 . 961.32 (3) (b) 4m. of the statutes is created to read:
1961.32 (3) (b) 4m. Temporarily possessing cannabis during the normal course
2of processing hemp if the possessor reconditions or processes the cannabis to a
3delta-9-tetrahydrocannabinol concentration at or below the permissible limit for
4hemp within a reasonable amount of time.
SB188,72 5Section 72 . 961.32 (3) (b) 4r. of the statutes is created to read:
SB188,23,106 961.32 (3) (b) 4r. Possessing cannabis purchased or obtained at retail that
7contains a delta-9-tetrahydrocannabinol concentration of not more than 0.7 percent
8above the permissible limit for hemp if the possessor has no reason to believe that
9the cannabis contains a delta-9-tetrahydrocannabinol concentration above the
10permissible limit for hemp.
SB188,73 11Section 73 . 961.32 (3) (b) 5. of the statutes is amended to read:
SB188,23,1412 961.32 (3) (b) 5. Taking samples of hemp cannabis, transporting samples to a
13testing facility, or testing samples for their delta-9-tetrahydrocannabinol
14concentration or for the presence of other substances.
SB188,74 15Section 74 . 961.32 (3) (c) of the statutes is amended to read:
SB188,24,216 961.32 (3) (c) A person who plants, grows, cultivates, harvests, samples, tests,
17processes, transports, transfers, takes possession of, sells, imports, or exports

18industrial hemp in violation of violates s. 94.55 or a rule promulgated under s. 94.55
19(2) (b) may not be prosecuted under s. 94.55 or this chapter unless the person is
20referred to the district attorney for the county in which the violation occurred or to
21the department of justice
by the department of agriculture, trade and consumer
22protection, and may not be prosecuted under a municipal an ordinance that
23prohibits the same conduct as is prohibited under this chapter
enacted under s. 59.54
24(25) or 66.0107 (1) (bm),
unless the person is referred to the local law enforcement

1prosecuting authority by the department of agriculture, trade and consumer
SB188,75 3Section 75 . 961.32 (3) (cm) of the statutes is created to read:
SB188,24,74 961.32 (3) (cm) A hemp producer that negligently violates s. 94.55 or a rule
5promulgated under s. 94.55, as described under s. 94.55 (2g) (a), may not be
6prosecuted under s. 94.55 or this chapter or an ordinance enacted under s. 59.54 (25)
7or 66.0107 (1) (bm).
SB188,76 8Section 76 . 961.32 (3) (d) of the statutes is amended to read:
SB188,24,119 961.32 (3) (d) Notwithstanding s. 961.41 (4) (am) 2. a., engaging in an activity
10described under par. (b) s. 94.55 (2) (a) does not constitute prima facie evidence of a
11prohibited representation under s. 961.41 (4) (am) 1. a. or b.
SB188,77 12Section 77 . 961.34 (2) (a) of the statutes is amended to read:
SB188,24,1813 961.34 (2) (a) Upon the request of any physician, the controlled substances
14board shall aid the physician in applying for and processing an investigational drug
15permit under 21 USC 355 (i) for cannabidiol as treatment for a seizure disorder
16medical condition. If the federal food and drug administration issues an
17investigational drug permit, the controlled substances board shall approve which
18pharmacies and physicians may dispense cannabidiol products to patients.
SB188,78 19Section 78 . 961.34 (2) (b) of the statutes is amended to read:
SB188,24,2520 961.34 (2) (b) If cannabidiol is products other than hemp are removed from the
21list of controlled substances, or if cannabidiol is products are determined not to be
22 a controlled substance substances, under schedule I of 21 USC 812 (c), the controlled
23substances board shall approve which pharmacies and physicians may dispense
24cannabidiol products to patients as treatment for a seizure disorder medical
1Section 79. 961.38 (1n) (a) of the statutes is amended to read:
SB188,25,42 961.38 (1n) (a) A pharmacy or physician approved under s. 961.34 (2) (a) or (b)
3may dispense cannabidiol in a form without a psychoactive effect products as a
4treatment for a medical condition.
SB188,80 5Section 80 . 961.38 (1n) (b) of the statutes is amended to read:
SB188,25,96 961.38 (1n) (b) A physician licensed under s. 448.04 (1) (a) may issue an
7individual a certification, as defined in s. 961.32 (2m) (a), stating that the individual
8possesses a cannabidiol product to treat a medical condition if the cannabidiol is in
9a form without a psychoactive effect
SB188,81 10Section 81 . 961.442 (intro.) of the statutes is amended to read:
SB188,25,16 11961.442 Penalties; industrial hemp. (intro.) If a person attempts to conceal
12the commission of a crime under this chapter while representing that he or she is
13engaging in the planting, growing, cultivating, harvesting, producing, processing,
14transporting, importing, exporting, selling, transferring, sampling, testing, or
15taking possession of industrial hemp, the maximum term of imprisonment
16prescribed by law for that crime may be increased as follows:
SB188,82 17Section 82 . 961.55 (9) of the statutes is amended to read:
SB188,26,318 961.55 (9) If a crop intended to be industrial hemp, as defined in s. 94.55 (1),
19is tested for delta-9-tetrahydrocannabinol levels and the average concentration of
20delta-9-tetrahydrocannabinol in a whole dry plant is found to exceed 0.7 percent
21above the permissible limit for industrial hemp on a dry weight basis, as tested using
22post-decarboxylation or other similarly reliable methods
, the entire crop on the field
23at the growing location where the plant was found shall be seized and destroyed.
24Before a crop is seized and destroyed under this subsection, the agency whose officers
25or employees intend to seize and destroy the crop shall provide, to the person licensed

1under s. 94.55 (3) to grow the crop or to the person's agent or employee, written
2documentation verifying the test results for the crop that is subject to seizure and
SB188,83 4Section 83 . 967.055 (1m) (b) 5. of the statutes is repealed.
SB188,84 5Section 84 . Nonstatutory provisions.
SB188,26,116 (1) Notification. The department of agriculture, trade and consumer
7protection shall notify the legislative reference bureau when the secretary of the U.S.
8department of agriculture establishes a plan under section 297C of the Agricultural
9Marketing Act of 1946. The legislative reference bureau shall publish a notice in the
10Wisconsin Administrative Register that specifies the date on which s. 94.55 (3) is
11repealed, as determined under Section 87 (1 ) of this act.
SB188,26,1512 (2) Hemp positions. The authorized FTE positions for the department of
13agriculture, trade and consumer protection are increased by 3.0 GPR positions on
14July 1, 2019, to be funded from the appropriation under s. 20.115 (7) (f), for the
15purpose of regulating activities relating to hemp under s. 94.55.
SB188,85 16Section 85 . Fiscal changes.
SB188,26,2117 (1) Purchase of machinery. In the schedule under s. 20.005 (3) for the
18appropriation to the department of agriculture, trade and consumer protection
19under s. 20.115 (7) (a), the dollar amount for fiscal year 2018-19 is increased by
20$300,000 for the purchase or acquisition of machinery and other assets for the hemp
21program under s. 94.55.
SB188,86 22Section 86 . Initial applicability.
SB188,26,2523 (1) Hemp purchase contracts. The treatment of s. 94.55 (3r) first applies to a
24contract that is entered into, renewed, or modified on the effective date of this
1Section 87 . Effective dates. This act takes effect on the day after publication,
2except as follows:
SB188,27,53 (1) The repeal of s. 94.55 (3) (by Section 34) takes effect one year after the date
4on which the secretary of the U.S. department of agriculture establishes a plan under
5section 297C of the Agricultural Marketing Act of 1946.
SB188,27,66 (End)