AB183: Bill Text

AB183,7,6 (9) Testing of industrial hemp intended for consumption. (a) All industrial hemp and each industrial hemp product intended for human consumption shall be tested, in its final consumer-ready state, by an independent testing laboratory to confirm that it is nonpsychoactive and contains safe levels of potential contaminants. An independent testing laboratory shall have all of the following:

AB183,7,11 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.

AB183,7,15 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.

AB183,7,22 (b) For the purpose of testing under this subsection, an independent testing laboratory may possess industrial hemp and industrial hemp products grown, cultivated, harvested, or processed by a person licensed under sub. (2) or by a person in another state or country in accordance with the laws of that state or country. 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.

AB183,8,2 (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.

AB183,8,8 (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.

AB183,8,10 (10) Rules. The department shall promulgate rules for the administration of this section including rules concerning all of the following:

AB183,8,11 (a) Administering a program for certifying industrial hemp seed.

AB183,8,13 (b) Sampling and testing plants during growth for delta-9-tetrahydrocannabinol levels.

AB183,8,14 (c) Developing programs for researching industrial hemp genetics.

AB183,8,15 (d) Supervising the growing, harvesting, and processing of industrial hemp.

AB183,8,18 (e) 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).

AB183,8,21 (f) Sampling and testing industrial hemp and industrial hemp products in their final consumer-ready state, including determining batch sizes and nonpsychoactive levels of delta-9-tetrahydrocannabinol, for purposes of sub. (9).

AB183,8,24 (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.

AB183,3 Section 3 . 94.67 (2) of the statutes is amended to read:

AB183,9,4 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).

AB183,4 Section 4 . 97.02 of the statutes is amended to read:

AB183,9,9 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.

AB183,5 Section 5 . 348.27 (18) (a) 1. e. of the statutes is created to read:

AB183,9,11 348.27 (18) (a) 1. e. Industrial hemp, as defined in s. 94.55 (1).

AB183,6 Section 6 . 961.32 (3) of the statutes is created to read:

AB183,9,14 961.32 (3) (a) In this subsection, “industrial hemp" has the meaning given in s. 94.55 (1).

AB183,9,25 (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, grow, cultivate, harvest, process, possess, transport, sell, deliver, distribute, or buy 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. A person licensed 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, who plants, grows, or cultivates industrial hemp, may not be prosecuted for a criminal offense if the delta-9-tetrahydrocannabinol concentration of the crop grown or cultivated is 1.5 percent or less on a dry weight basis, or if the person planted seed that has been certified as having a delta-9-tetrahydrocannabinol concentration of no more than 0.3 percent. A person may not be prosecuted for a criminal offense for possessing, transporting, selling, delivering, distributing, or buying industrial hemp in this state if the industrial hemp was planted, grown, cultivated, harvested, and processed by a person licensed under s. 94.55 (2) or by a person in another state or country in accordance with the laws of that state or country.

AB183,7 Section 7 . 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and amended to read:

AB183,10,13 961.55 (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):

AB183,10,15 (a) An appropriate federal registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

AB183,8 Section 8 . 961.55 (8) (b) of the statutes is created to read:

AB183,10,17 961.55 (8) (b) Evidence of licensure under s. 94.55 (2).

AB183,9 Section 9 . 961.55 (9) of the statutes is created to read:

AB183,11,2 961.55 (9) If a crop intended to be industrial hemp, as defined in s. 94.55 (1), is tested for delta-9-tetrahydrocannabinol levels and the average concentration of delta-9-tetrahydrocannabinol in a whole dry plant is found to exceed 1.0 percent, the entire crop on the field where the plant was found shall be seized and destroyed. Before a crop is seized and destroyed under this subsection, the agency whose officers or employees intend to seize and destroy the crop shall provide, to the person licensed under s. 94.55 (2) to grow the crop or to the person's agent or employee, written documentation verifying the test results for the crop that is subject to seizure and destruction.

AB183,10 Section 10 . Nonstatutory provisions.

AB183,11,4 (1) Legislative findings. The legislature finds all of the following:

AB183,11,6 (a) That the Cannabis sativa plant used for the production of industrial hemp is separate and distinct from forms of Cannabis used to produce marijuana.

AB183,11,9 (b) That section 7606 of the federal farm bill of 2014, 7 USC 5940, allows states to establish agricultural pilot programs to study the growth, cultivation, or marketing of industrial hemp.

AB183,11,12 (c) That industrial hemp is used in products such as building materials, textiles, cordage, fiber, food, floor coverings, fuel, paint, animal feed, paper, particle board, plastics, seed meal, cosmetics, seed, oil, and yarn.

AB183,11,14 (d) That cannabidiol and hemp seed oil have the ability to provide relief for more maladies than medical marijuana, without psychotropic effect.

AB183,11,17 (e) That the growth, cultivation, and processing of industrial hemp will provide an alternate crop to vitalize the agricultural sector in this state and will provide production and processing jobs.

AB183,11,18 (End)