Hemp Farming Act
On April 12, 2018, Senate Majority Leader Mitch McConnell (R-KY) introduced S. 2667, The Hemp Farming Act. The bill defines hemp as Cannabis with 0.3% THC or less by dry weight including all parts of the plant and removes it from the Controlled Substances Act. It allows states to regulate commercial hemp farming after submitting a plan to regulate it to the USDA. The bill authorizes crop insurance for hemp and provides funding for hemp research.
Vote Hemp supports this important legislation and issued a press release announcing the release of the new bill. We also sent a letter of support to Senator McConnell and the bill cosponsors.
Senator McConnell gave a bill introduction speech on the floor of the Senate which can be viewed in its entirety below.
http://www.c-span.org/video/?c4723254/sen-mcconnell-introduces-hemp-legislation
The Senate Agriculture Committee approved the marked up Farm Bill which includes the Hemp Farming Act (S. 2667). Below is the hemp production section of the bill:
SEC. 10111. HEMP PRODUCTION.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:
“Subtitle G—Hemp Production
“In this subtitle:
“(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
“(2) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(3) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture.
“(4) STATE.—The term ‘State’ means—
“(A) a State;
“(B) the District of Columbia;
“(C) the Commonwealth of Puerto Rico; and
“(D) any other territory or possession of the United States.
“(5) STATE DEPARTMENT OF AGRICULTURE.—The term ‘State department of agriculture’ means the agency, commission, or department of a State government responsible for agriculture in the State.
“(6) TRIBAL GOVERNMENT.—The term ‘Tribal government’ means the governing body of an Indian tribe.
“SEC. 297B. STATE AND TRIBAL PLANS.
“(1) IN GENERAL.—A State or Indian tribe desiring to have primary regulatory authority over the production of hemp in the State or territory of the Indian tribe shall submit to the Secretary, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, a plan under which the State or Indian tribe monitors and regulates that production as described in paragraph (2).
“(2) CONTENTS.—A State or Tribal plan referred to in paragraph (1)—
“(A) shall only be required to include—
“(i) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;
“(ii) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
“(iii) a procedure for the effective disposal of products that are produced in violation of this subtitle;
“(iv) a procedure to comply with the enforcement procedures under subsection (d);
“(v) a procedure for conducting annual inspections of a random sample of hemp producers—
“(I) to verify that hemp is not produced in violation of this subtitle; and
“(II) in a manner that ensures that a hemp producer is subject to not more than 1 inspection each year; and
“(vi) a certification that the State or Indian tribe has the resources and personnel to carry out the practices and procedures described in clauses (i) through (v); and
“(B) may include any other practice or procedure established by a State or Indian tribe, as applicable, to the extent that the practice or procedure is consistent with this subtitle.
“(3) RELATION TO STATE AND TRIBAL LAW.—
“(A) NO PREEMPTION.—Nothing in this subsection preempts or limits any law of a State or Indian tribe regulating the production of hemp, to the extent that law is consistent with this subtitle.
“(B) REFERENCES IN PLANS.—A State or Tribal plan referred to in paragraph (1) may include a reference to a law of the State or Indian tribe regulating the production of hemp, to the extent that law is consistent with this subtitle.
“(1) IN GENERAL.—Not later than 60 days after receipt of a State or Tribal plan under subsection (a), the Secretary shall—
“(A) approve the State or Tribal plan if the State or Tribal plan complies with subsection (a); or
“(B) disapprove the State or Tribal plan only if the State or Tribal plan does not comply with subsection (a).
“(2) AMENDED PLANS.—If the Secretary disapproves a State or Tribal plan under paragraph (1)(B), the State, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, may submit to the Secretary an amended State or Tribal plan that complies with subsection (a).
“(3) CONSULTATION.—The Secretary may consult with the Attorney General in carrying out this subsection.
“(c) Technical Assistance.—The Secretary may provide technical assistance to a State or Indian tribe in the development of a State or Tribal plan under subsection (a).
“(1) IN GENERAL.—A violation of a State or Tribal plan approved under subsection (b) shall be subject to enforcement solely in accordance with this subsection.
“(A) IN GENERAL.—A hemp producer in a State or the territory of an Indian tribe for which a State or Tribal plan is approved under subsection (b) shall be subject to subparagraph (B) of this paragraph if the State department of agriculture or Tribal government, as applicable, determines that the hemp producer has negligently violated the State or Tribal plan, including by negligently—
“(i) failing to provide a legal description of land on which the producer produces hemp;
“(ii) failing to obtain a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or
“(iii) producing Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis.
“(B) CORRECTIVE ACTION PLAN.—A hemp producer described in subparagraph (A) shall comply with a plan established by the State department of agriculture or Tribal government, as applicable, to correct the negligent violation, including—
“(i) a reasonable date by which the hemp producer shall correct the negligent violation; and
“(ii) a requirement that the hemp producer shall periodically report to the State department of agriculture or Tribal government, as applicable, on the compliance of the hemp producer with the State or Tribal plan for a period of not less than the next 2 calendar years.
“(C) RESULT OF NEGLIGENT VIOLATION.—Except as provided in subparagraph (D), a hemp producer that negligently violates a State or Tribal plan under subparagraph (A) shall not as a result of that violation be subject to any criminal or civil enforcement action by the Federal Government or any State government, Tribal government, or local government other than the enforcement action authorized under subparagraph (B).
“(D) REPEAT VIOLATIONS.—A hemp producer that negligently violates a State or Tribal plan under subparagraph (A) 3 times in a 5-year period shall be ineligible to produce hemp for a period of 5 years beginning on the date of the third violation.
“(A) IN GENERAL.—If the State department of agriculture or Tribal government in a State or the territory of an Indian tribe for which a State or Tribal plan is approved under subsection (b), as applicable, determines that a hemp producer in the State or territory has violated the State or Tribal plan with a culpable mental state greater than negligence—
“(i) the State department of agriculture or Tribal government, as applicable, shall immediately report the hemp producer to—
“(I) the Attorney General; and
“(II) in the case of a State department of agriculture, the chief law enforcement officer of the State; and
“(ii) paragraph (1) of this subsection shall not apply to the violation.
“(B) FELONY.—Any person convicted of a felony relating to a controlled substance under State or Federal law shall be ineligible—
“(i) to participate in the program established under this section; and
“(ii) to produce hemp under any regulations or guidelines issued under section 297D(a).
“(C) FALSE STATEMENT.—Any person who materially falsifies any information contained in an application to participate in the program established under this section shall be ineligible to participate in that program.
“(e) Authorization Of Appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section.
“(f) Effect.—Nothing in this section prohibits the production of hemp in a State or the territory of an Indian tribe for which a State or Tribal plan is not approved under this section in accordance with section 297C or other Federal laws (including regulations).
“SEC. 297C. DEPARTMENT OF AGRICULTURE.
“(a) Department Of Agriculture Plan.—
“(1) IN GENERAL.—In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 297B, the production of hemp in that State or the territory of that Indian tribe shall be subject to a plan established by the Secretary to monitor and regulate that production in accordance with paragraph (2).
“(2) CONTENT.—A plan established by the Secretary under paragraph (1) shall include—
“(A) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;
“(B) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
“(C) a procedure for the effective disposal of products that are produced in violation of this subtitle;
“(D) a procedure to comply with the enforcement procedures under subsection (c)(2);
“(E) a procedure for conducting annual inspections of a random sample of hemp producers—
“(i) to verify that hemp is not produced in violation of this subtitle; and
“(ii) in a manner that ensures that a hemp producer is subject to not more than 1 inspection each year; and
“(F) such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subtitle.
“(b) Licensing.—The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection (a).
“(1) IN GENERAL.—In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 297B, it shall be unlawful to produce hemp in that State or the territory of that Indian tribe without a license issued by the Secretary under subsection (b).
“(2) NEGLIGENT AND OTHER VIOLATIONS.—A violation of a plan established under subsection (a) shall be subject to enforcement in accordance with paragraphs (2) and (3) of section 297B(d), except that the Secretary shall carry out that enforcement instead of a State department of agriculture or Tribal government.
“(3) REPORTING TO ATTORNEY GENERAL.—In the case of a State or Indian tribe covered by paragraph (1), the Secretary shall report the production of hemp without a license issued by the Secretary under subsection (b) to the Attorney General.
“SEC. 297D. AUTHORITY TO ISSUE REGULATIONS AND GUIDELINES; EFFECT ON OTHER LAW.
“(1) IN GENERAL.—The Secretary shall have sole authority to issue Federal regulations and guidelines that relate to the production of hemp, including Federal regulations and guidelines that relate to the implementation of sections 297B and 279C.
“(2) CONSULTATION WITH ATTORNEY GENERAL.—The Secretary may consult with the Attorney General before issuing regulations and guidelines under paragraph (1).
“(b) Effect On Other Law.—Nothing in this subtitle shall affect or modify—
“(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
“(2) the authority of the Commissioner of Food and Drugs and the Secretary of Health and Human Services under that Act.”.
SEC. 10112. RULE OF CONSTRUCTION.
Nothing in this title authorizes interference with the interstate commerce of hemp (as defined in section 297A of the Agricultural Marketing Act of 1946, as added by section 10111).