AB 147

Current law places various restrictions on the possession, manufacture, and

delivery of controlled substances. One such controlled substance is

tetrahydrocannabinol (THC), including THC contained in or obtained from

marijuana. The controlled substances law defines marijuana as all parts of plants

of the genus

Cannabis

, whether growing or not, and most derivatives or preparations

of the plants (though it does not include, for instance, fiber produced from the stalks

or oil made from the seeds of the plants). THC is currently placed in the most

restricted category of controlled substances, which means it may not be prescribed

for medical use and may be manufactured and possessed only for particular purposes

(such as research) under special permits.

This bill requires the Department of Agriculture, Trade and Consumer

Protection to issue licenses that authorize the growing and processing of industrial

hemp. Industrial hemp is defined as the plant

Cannabis

with a concentration of THC

of no more than 0.3 percent. The bill requires an applicant for a license to provide

a legal description and the GPS coordinates of the land on which industrial hemp will

be grown or processed and to pay a fee for the license. The bill provides that a person

may possess, transport, sell, distribute, or buy industrial hemp without a license if

the industrial hemp was planted, grown, cultivated, and processed by a person

licensed by DATCP. The bill requires reporting by a person with an industrial hemp

license who transfers the hemp to a licensed processor.

This bill also allows DATCP or an institution of higher education to establish

an agricultural pilot program to study industrial hemp and to grow hemp for this

purpose. In addition, the bill provides that a tribe may grow, possess, process,

transport, or sell industrial hemp, but that a tribal member must have a license to

grow or process industrial hemp, either from DATCP or from the member's tribe.

This bill allows DATCP, the University of Wisconsin-Madison College of Agriculture

and Life Sciences (UW-CALS), and the Wisconsin Crop Improvement Association to

administer a voluntary seed certification program for industrial hemp and allows

DATCP and UW-CALS to develop a Wisconsin heritage seed for industrial hemp.

Under the bill, any industrial hemp or industrial hemp product intended for

human consumption must be tested by an independent testing laboratory. The bill

sets out requirements related to the laboratory's accreditation, testing, and

reporting.

This bill also creates an exemption from the controlled substances law for

growing or processing industrial hemp in conformity with a license issued by DATCP.

Additionally, the bill creates an exemption for possessing, transporting, delivering,