Sec. 803. Definition of hemp under USDA domestic hemp production program
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/bill/117/s/4591/is/section-803A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 297A(1) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o(1) ) is amended— by striking The term and inserting the following: The term ; and in subparagraph
(A)(as so designated), by striking with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. and inserting the following: “and any products made or derived from such plant or parts, with a total tetrahydrocannabinol equivalent concentration of not more than the allowable tetrahydrocannabinol equivalent amount described in subparagraph (C). Subject to clause (ii), in subparagraph (A), the term total tetrahydrocannabinol equivalent means— any tetrahydrocannabinol, including— delta-8 tetrahydrocannabinol; delta-9 tetrahydrocannabinol; delta-10 tetrahydrocannabinol; and tetrahydrocannabinolic acid; and any other substance described in paragraph (ss)(1)(A) of section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) that has similar effects on the body as a substance described in item (aa), (bb), or
(cc)of subclause (I), including through interaction with other substances in the applicable product. The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Attorney General, may exclude 1 or more isomers of tetrahydrocannabinol from the definition under clause (i). Subject to clause (ii), the allowable tetrahydrocannabinol equivalent amount referred to in subparagraph
(A)is— except as provided in subclause (II), 1 milligram of total tetrahydrocannabinol per 100 grams on a dry weight basis (or a proportionate amount of any fraction thereof); and in the case of any specified plant product described in clause (iii), 0.7 percent total tetrahydrocannabinol equivalent on a dry weight basis. For purposes of clause (i), under regulations promulgated by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Attorney General— the Secretary may modify the allowable tetrahydrocannabinol equivalent amounts described in clause
(i)if the Secretary determines that the effects on the body of such substance or interaction of substances differ significantly from the effects on the body of delta-9 tetrahydrocannabinol; and rules similar to the rules relating to the determination of Total THC in section 990.1 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the Cannabis Administration and Opportunity Act ), shall apply in calculating the ratio of tetrahydrocannabinolic acid described in subparagraph (B)(i)(I)(dd) taken into account for purposes of determining the allowable tetrahydrocannabinol equivalent amount. A specified plant product referred to in clause (i)(II) is any item described in paragraph (ss)(1)(A) of section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) that does not contain any item described in that paragraph that has been processed, extracted, or concentrated (other than harvesting, drying, curing, or trimming). .
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