Sec. 202. Department of Agriculture regulation of raw cannabis

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The United States Department of Agriculture shall have the sole authority and responsibility to regulate the farming and production of raw cannabis, including, but not limited to, the seeds, mature stalks, and cultivation of raw cannabis as a traditional agricultural commodity. The Secretary of Agriculture, or their designee, in order to bring raw cannabis into line with the treatment of other traditional agricultural commodities, shall implement the Act and enter formal rulemaking according to the following schedule:

Not later than 30 days after the date of enactment of this Act, issue in the Federal Register a Notice of Inquiry and Notice of Proposed Rulemaking for implementation of the Act, requesting public comment. Not later than 60 days after the date of enactment of this Act, issue an interim final rule. The Secretary or their designee may being acting on State agricultural plans submitted under section 298B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. ). Not later than 150 days after the date of enactment of this Act, issue a final rule and publish the report called for in subsection

(d)of section 7606 of the Agricultural Act of 2014 ( 7 U.S.C. 5940 ). Not later than 180 days after the date of enactment of this Act, begin receiving requests for licenses under this Act and acting on State agricultural plans for cannabis under section 298B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. ). The major rule effective delay period of 60 days shall apply to the Final Rule described in paragraph (3), such that the Final Rule described in paragraph

(3)is effective 210 days after the date of enactment of this Act. Raw cannabis refers to marihuana within the meaning of section 801(16) of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) including, but not limited to, all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof, and the mature stalks of the plant. Raw cannabis does not include finished products meant for commercial sale as cannabis products regulated under title III of the Federal Alcohol Administration Act or designated State medical cannabis products regulated under part J of subchapter V of chapter 9 of title 21, United States Code, (the Federal Food, Drug, and Cosmetic Act), such as the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its resin (or industrial hemp). Not later than 30 days after the date of enactment of this Act, without regard to the notice and comment provisions of section 553 of title 5, United States Code, the Secretary of Agriculture shall revise part 990 of title 7, Code of Federal Regulations, make any conforming changes that are necessary as a result of this section and the amendments made by this section. An adversely affected person or business shall have private right of action under the Administrative Procedure Act ( 5 U.S.C. 500 et seq. ) and the Mandamus Act ( 28 U.S.C. 1361 ) to compel the Secretary or their designated officer, employee or agent of the Department of Agriculture to issue the regulations or undertake and finalize rulemaking required under this Act that are not issued or published within the time frames set forth herein, or to act on applications for the permits or licenses herein required, within the time frames set forth herein, or to enjoin agency action. The exclusive venue for bringing any such action shall be the District Court for the District of Columbia. Upon demonstration of undue delay or failure to adhere strictly to statutory deadlines, or other violations of law and equity, equitable relief in the form of a writ of mandamus compelling action shall issue, among such other relief as the court may see fit.

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Sec. 202

Department of Agriculture regulation of raw cannabis

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