November Legislative Update
AB 606--THC HEMP
The debate on the bill that would create a regulatory structure around the manufacturing and sale of THC drinks and other products began this month but has since abruptly stopped when Congress added a provision to the bill to reopen the federal government that effectively makes all hemp-derived THC products illegal at the federal level.
The Assembly State Affairs Committee held a public hearing on AB 606 on November 4 that went on for several hours. Dozens of people testified in support and opposition, but for the most part there was general agreement that at least some regulation of the manufacturing and sale of these products was necessary. Mark Jefferson testified on behalf of the TLW in favor of the bill and afterwards our general opinion was that the hearing went well. We thought it was a good start and that based on the testimony the various groups could agree on an appropriate level of regulation. AB 606 was passed out of committee on a 7-3 vote on November 20th, with discussion of potential amendments pending.
Then, just a few days later we learned that an amendment was included in the Senate version of the bill to reopen the federal government that would effectively ban hemp THC products at the federal level, but delayed implementation of the ban for 1 year. The bill passed a few days later.
We are now waiting to see how the federal ban impacts Wisconsin. Wisconsin is unique in that we passed a state law related to hemp that was identical to the original federal law passed in 2018 that, through a loophole, started the entire hemp-derived THC industry. So, there are some who believe hemp THC manufacturers and retails could continue to operate in a similar manner to the way that states that allow recreational or medicinal marijuana operate. We are waiting for state legislative attorneys to give guidance on how or if the state law if relevant or if the federal law supersedes.
We do know that if the state law can be enforced allowing the hemp industry to continue to operate, that regulation of these products is still necessary, and we’ll continue to push for the regulatory structure included in bill. In the meantime, AB 606 will remain in legislative limbo as things get sorted out.
Fall Session Wrap-up
The legislature wrapped up its fall session right before Thanksgiving, taking action on over 100 pieces of legislation during its final days. Topics ranged from sports betting to penalties for hiding a corpse, and anything and everything in between. Many of the bills passed will eventually end up on Governor Evers’ desk, where he will either sign them into law or veto them.
One bill that TLW has been monitoring closely, Assembly Bill 366, deals with service animals, emotional support animals, and the distinction between the two with respect to state law.
Small business owners have seen an increase in customers entering their premises with untrained emotional support animals, which can create dangerous situations for other customers, employees, and on occasion, other service animals.
Service animals that assist citizens with disabilities undergo extensive training, are expensive to acquire, and are limited to dogs or miniature horses according to the federal Americans with Disabilities Act. Emotional support animals, on the other hand, are not governed by law, can be any type of animal, and can be purchased by anyone for any reason.
There has also been a rise of emotional support animal owners purchasing stickers or documents online to give the impression that the emotional support animal is a trained service animal. This is done to avoid resistance when entering a business or trying to lease a property. This type of service animal misrepresentation is extremely problematic.
Among other provisions, AB366 creates monetary penalties for misrepresenting an animal as a trained service animal, and directs the Department of Workforce Development to publish guidance for business owners on their rights when a service animal enters their premises.
AB366 also allows landlords to require that a prospective tenant provide a prescription for an emotional support animal from a health care professional, before entering into a lease.
Assembly Bill 366 passed both houses of the legislature unanimously, and now heads to the governor’s desk. TLW registered in support of AB366 along with many other business and hospitality groups, such as the WI Restaurant Association, WI Grocers Association, and National Federation of Independent Business. Only one group opposed the bill, citing concerns about its enforceability.
We will continue to keep TLW members informed about the laws regarding service animals, emotion support animals, and the ever-evolving intersection between the two, which has become as much of a property rights issue as it is a disability rights issue.