Sec. 203. Addition of raw cannabis to certain authorities relating to agricultural production

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The Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. ) is amended by adding at the end the following: In this subtitle: The term raw cannabis has the same meaning as it is given in section 202(3) of the States Reform Act. 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 ). The term Secretary means the Secretary of Agriculture. The term State means— a State; the District of Columbia; the Commonwealth of Puerto Rico; and any other territory or possession of the United States.

The term State department of agriculture means the agency, commission, or department of a State Government responsible for agriculture in the State. The term Tribal Government means the governing body of an Indian Tribe. A State or Indian Tribe desiring to have primary regulatory authority over the production of the raw cannabis 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).

A State or Tribal plan referred to in paragraph (1)— shall only be required to include— a practice to maintain relevant information regarding land on which raw cannabis 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; a procedure for the effective disposal of products that are produced in violation of this subtitle; and a procedure to comply with the enforcement procedures under subsection (d); and 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.

Nothing in this subsection preempts or limits any law of a State or Indian Tribe regulating the production of raw cannabis, to the extent that law is consistent with this subtitle. 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 raw cannabis, to the extent that law is consistent with this subtitle. Not later than 60 days after receipt of a State or Tribal plan under subsection (a), the Secretary shall— approve the State or Tribal plan if the State or Tribal plan complies with subsection (a); or disapprove the State or Tribal plan only if the State or Tribal plan does not comply with subsection (a). 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). The Secretary may provide technical assistance to a State or Indian Tribe in the development of a State or Tribal plan under subsection (a). A violation of a State or Tribal plan approved under subsection

(b)shall be subject to enforcement solely in accordance with this subsection. A raw cannabis 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 raw cannabis producer has negligently violated the State or Tribal plan, including by negligently— failing to provide a legal description of land on which the producer produces raw cannabis; or failing to obtain a license or other required authorization from the State department of agriculture or Tribal Government, as applicable. A raw cannabis 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— a reasonable date by which the raw cannabis producer shall correct the negligent violation; and a requirement that the raw cannabis producer shall periodically report to the State department of agriculture or Tribal Government, as applicable, on the compliance of the raw cannabis producer with the State or Tribal plan for a period of not less than the next 2 calendar years. Except as provided in subparagraph (D), a raw cannabis producer that negligently violates a State or Tribal plan under subparagraph

(A)shall not 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). A raw cannabis producer that negligently violates a State or Tribal plan under subparagraph

(A)3 times in a 5-year period shall be ineligible to produce raw cannabis for a period of 5 years beginning on the date of the third violation. 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 raw cannabis producer in the State or territory has violated the State or Tribal plan with a culpable mental state greater than negligence— the State department of agriculture or Tribal Government, as applicable, shall immediately report the raw cannabis producer to— the Secretary of Agriculture; and in the case of a State department of agriculture, the chief agricultural official of the State; and paragraph

(1)of this subsection shall not apply to the violation. There are authorized to be appropriated such sums as are necessary to carry out this section. Nothing in this section prohibits the production of raw cannabis 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 other Federal laws (including regulations). In the case of a State or Indian Tribe for which a State or Tribal plan is not approved under section 298B, the production of raw cannabis 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). A plan established by the Secretary under paragraph

(1)shall include— a practice to maintain relevant information regarding land on which raw cannabis 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; a procedure for the effective disposal of— plants, whether growing or not, that are produced in violation of this subtitle; and products derived from those plants; a procedure to comply with the enforcement procedures under subsection (c)(2); a procedure for conducting annual inspections of, at a minimum, a random sample of raw cannabis producers to verify that raw cannabis is not produced in violation of this subtitle; and 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. The Secretary shall establish a procedure to issue licenses to raw cannabis producers in accordance with a plan established under subsection (a). In the case of a State or Indian Tribe for which a State or Tribal plan is not approved under section 298B, it shall be unlawful to produce raw cannabis in that State or the territory of that Indian Tribe without a license issued by the Secretary under subsection (b). A violation of a plan established under subsection

(a)shall be subject to enforcement in accordance with paragraphs

(2)and

(3)of section 298B(d), except that the Secretary shall carry out that enforcement instead of a State department of agriculture or Tribal Government. The Secretary shall have sole authority and responsibility to issue Federal regulations and guidelines that relate to the production of raw cannabis, including Federal regulations and guidelines that relate to the implementation of section 298B. 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 the designated officer, employee or agent of the Department of Agriculture to issue 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. . Section 1473D(c)(3)(E) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319d(c)(3)(E) ) is amended by striking (including hemp (as defined in section 297A of the Agricultural Marketing Act of 1946)) and by inserting (including hemp and raw cannabis (as defined in sections 297A and 298A of the Agricultural Marketing Act of 1946, respectively)) after material . Section 5(b)(9) of the Critical Agricultural Materials Act ( 7 U.S.C. 178c(b)(9) ) is amended by striking (including hemp (as defined in section 297A of the Agricultural Marketing Act of 1946)) and by inserting (including hemp and raw cannabis (as defined in sections 297A and 298A of the Agricultural Marketing Act of 1946, respectively)) after hydrocarbon-containing plants . Section 7606 of the Agricultural Act of 2014 ( 7 U.S.C. 5940 ) is amended— in subsection (b), by inserting or raw cannabis after each appearance of hemp in subsection (b); and by adding at the end the following: The Secretary shall conduct a study of agricultural pilot programs to determine the economic viability of the domestic production and sale of raw cannabis. Not later than 150 days after the date of enactment of this subsection, the Secretary shall submit to Congress a report describing the results of the study conducted under paragraph (1). .

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Sec. 203

Addition of raw cannabis to certain authorities relating to agricultural production

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