The Wisconsin Coalition for Cannabis Reform -WCCR posted this re the brief and left this link for review also: https://www.congress.gov/crs-product/IF12270
The Wisconsin Legislative Council recently published an Issue Brief regarding the pending change to the federal definition of hemp and its impact on Wisconsin law.
Here are three key takeaways (see the comments for a link to the Brief):
1. The Brief affirms what we know to be true and what we’ve heard from our legislators in prior town hall discussions: a “change to the federal definition of “hemp” does not directly affect the legality of hemp under state law but may prompt uncertainty for stakeholders in certain contexts.”
In Wisconsin, the legality of hemp is set forth in section 94.55 of the state statutes.
The uncertainty noted in the Brief is exactly why we continue to advocate for common sense amendments to section 94.55. Our proposed amendments would eliminate uncertainty and provide much needed clarity for Wisconsin growers.
2. The Brief points out that “the federal government may preempt a state’s laws and enforce the federal laws; in other words, legality under state law is not a defense to a violation of federal law. Thus, industry participation will depend on risk tolerance by stakeholders and the manner in which the enforcement of the federal controlled substances laws is prioritized.”
To-date, the federal government has not enforced a federal ban on cannabis in states where it is legal.
To better understand the disconnect between federal and state law, see the link below in the comments.
As the Brief notes, this depends on a business owner’s risk tolerance. Even if we get desired clarity in Wisconsin, this risk exists.
3. Finally, this Issue Brief is not legal advice. Instead, it is an explanation of topics of interest to the Legislature.
While some might be comfortable continuing to operate under current Wisconsin law after November 12, uncertainty will remain. Wisconsin’s hemp industry deserves clear, durable legislation. Let’s keep working together toward that outcome
