SB 119

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

restrictive 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 sativa

with no more than

0.3 percent THC on a dry weight basis. The bill requires an applicant for a license

to provide the GPS coordinates of the land on which industrial hemp will be grown

or processed and to pay a fee for the license. It also requires DATCP to obtain a

criminal history search from the state Department of Justice for each applicant and

prohibits DATCP from issuing a license to a person if the criminal history search

shows the person has been convicted of violating the controlled substances law. 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 or by a person in another state or country

who planted, grew, cultivated, or processed the industrial hemp in accordance with

the laws of that state or country. The bill requires reporting by a person with an

industrial hemp license, including reporting all sales of industrial hemp.

This bill also provides that DATCP or an institution of higher education may

establish an agricultural pilot program to study industrial hemp and to grow hemp

for this purpose. In addition, the bill requires a tribe or an individual tribal member

to have a license from DATCP to grow or process industrial hemp. The bill also

provides that a tribe may establish, with the assistance of DATCP or an institution

of higher education other than a tribal college or university, an agricultural pilot

program to study industrial hemp. The bill also allows the committee on state-tribal

relations to study economic development ventures related to industrial hemp.

This bill requires 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