Industrial Hemp - 2017 Act 100
WISCONSIN LEGISLATIVE COUNCIL
2017 Wisconsin Act 100
[2017 Senate Bill 119]
2017 Wisconsin Act 100 (“the Act”) creates a state “industrial hemp” program to be administered by the Department of Agriculture, Trade, and Consumer Protection (DATCP). A general description of the key provisions in the Act is provided below.
DEFINITION OF “INDUSTRIAL HEMP”
The Act defines “industrial hemp” as the plant Cannabis sativa, or any part of the plant including seeds, having a delta-9-tetrahydrocannabinol (THC) concentration of 0.3% or less, although this allowable percentage may be raised up to a maximum concentration of 1% THC if in the future federal law allows a higher percentage. The Act excludes from the definition a substance, material, or product that is not designated as a controlled substance under the state Uniform Controlled Substances Act, or the federal Controlled Substances Act, or both.
STATE INDUSTRIAL HEMP PROGRAM
The Act requires DATCP to promulgate rules establishing a state industrial hemp program. The state industrial hemp program must generally maximize opportunity for a person to plant, grow, cultivate, harvest, sample, test, process, transport, transfer, take possession of, sell, import, and export industrial hemp to the greatest extent authorized under federal law.
As it pertains to the state industrial hemp program, the Act requires DATCP to do the following:
Ensure the quality of industrial hemp grown or processed in this state, the security of activities related to industrial hemp, and the safety of products produced from industrial hemp, including any necessary testing.
Verify adherence to laws and rules governing activities related to industrial hemp.
Enforce violations of laws and rules.
Require an initial fee from any person who plants, grows, or cultivates industrial hemp equal to the greater of $150 or $5 multiplied by the number of acres used to plant, grow, or cultivate industrial hemp, but not to exceed $1,000. DATCP may also impose an annual fee on any person whose activities it regulates that may not exceed an amount sufficient to cover its costs to regulate those activities.
Ensure that certain information in its possession is confidential, except that this information must be made available to a law enforcement agency or law enforcement officer.
Industrial Hemp Seed
The Act requires DATCP to establish and administer an industrial hemp seed certification program, or designate a member of the Association of Official Seed Certifying Agencies or a successor organization to administer a seed certification program. This seed certification program must include the testing and certification of THC concentrations in hemp plants.
Participation in the certification program must be voluntary for growers and cultivators of industrial hemp.
The Act also authorizes DATCP to seek federal approval to serve as an importer of industrial hemp seed.
Department of Justice
Under the Act, the Department of Justice (DOJ) must provide information to DATCP necessary to administer the state industrial hemp program.
INDUSTRIAL HEMP PILOT PROGRAM
The Act requires DATCP to create a pilot program to study the growth, cultivation, and marketing of industrial hemp.
Pilot Program Licenses
The Act requires DATCP to issue licenses that authorize the planting, growing, cultivating, harvesting, sampling, testing, processing, transporting, transferring, taking possession, selling, importing, and exporting of industrial hemp. Such licenses do not expire unless the pilot program expires or the license is revoked. As a part of its role in administering the pilot program, DATCP must do the following:
Identify the requirements for applying for a license, approving or denying a license, and suspending or revoking a license.
Identify the restrictions and obligations that apply to operating under a license.
Require a license applicant to provide the global positioning system coordinates of the centers of all fields on which the industrial hemp will be planted, grown, cultivated, or harvested.
Obtain a criminal history search from the records maintained by DOJ for each applicant.
Decline to issue a license to an applicant that has ever been convicted of a criminal violation of the federal Controlled Substances Act or the state Uniform Controlled Substances Act, or any controlled substances law of another state.
Pilot Program Registration System
The Act requires DATCP to create a registration system that authorizes the sampling, testing, processing, transporting, transferring, taking possession, selling, importing, and exporting of industrial hemp. DATCP must obtain a criminal history search from the records maintained by DOJ for each applicant and may not register an applicant that has ever been convicted of a criminal violation of the federal Controlled Substances Act or the state Uniform Controlled Substances Act, or any controlled substances law of another state.
Industrial Hemp Transfers
The Act requires DATCP to create a form to accompany any transfer of industrial hemp until it is processed in such a way that it no longer meets the definition of “industrial hemp,” at which point in time the form must be submitted to DATCP. The form must include any test results showing the THC concentration of the industrial hemp being transferred, the amount of industrial hemp being transferred, and the full chain of custody of the industrial hemp being transferred.
VEHICLE WEIGHT LIMITS
The Act adds industrial hemp to the list of agricultural products for which a permit is available for transporting them at vehicle weights that exceed generally applicable restrictions.