Sec. 10016. Hemp production
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Section 297A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o ) is amended— in paragraph (1)— by striking delta-9 and inserting total ; by striking concentration and inserting concentration (including tetrahydrocannabinolic acid) ; by striking the period at the end and inserting ; and ; by striking means the plant and inserting the following: “means— the plant ; and by adding at the end the following: industrial hemp. ; by redesignating paragraphs
(3)through
(6)as paragraphs
(4)through (7), respectively; and by inserting after paragraph
(2)the following: The term industrial hemp means the plant Cannabis sativa L. if the harvested material— is only— the stalks of that plant, fiber produced from those stalks, or any other manufactured product, derivative, mixture, or preparation of those stalks (except cannabinoid resin extracted from those stalks); whole grain, oil, cake, nut, hull, or any other compound, manufactured product, derivative, mixture, or preparation of the seeds of that plant (except cannabinoid resin extracted from the seeds of that plant); or viable seeds of that plant produced solely for production or manufacture of any material described in clause
(i)or (ii); and will not be used in the manufacturing or synthesis of natural or synthetic cannabinoid products. . Section 297B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639p ) is amended— in subsection (a)(2)(A)(ii)— by striking delta-9 and inserting total ; and by striking concentration and inserting concentration (including tetrahydrocannabinolic acid) ; and in subsection (e)(2)(A)(iii)— by striking delta-9 and inserting total ; and by striking concentration and inserting concentration (including tetrahydrocannabinolic acid) . Section 297C(a)(2)(B) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639q(a)(2)(B) ) is amended— by striking delta-9 and inserting total ; and by striking concentration and inserting concentration (including tetrahydrocannabinolic acid) . Section 297B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639p ) is amended— in subsection (a)— paragraph (2)(A)— by redesignating clauses
(ii)through
(vii)as clauses
(iii)through (viii), respectively; by inserting after clause
(i)the following: a procedure by which a hemp producer may be licensed to produce— only industrial hemp, in which case the industrial hemp producer shall not be required to undergo a background check to apply for the license; or hemp for any purpose; ; in clause
(iii)(as so redesignated)— by inserting , excluding industrial hemp, after hemp ; by adding and after the semicolon at the end; by striking
(iii)a procedure and inserting (iii)(I) a procedure ; and by adding at the end the following: in the case of a producer licensed to produce only industrial hemp under clause (ii)(I), a procedure for testing compliance with the definition of industrial hemp in section 297A using relaxed regulatory requirements, which may include— visual inspections; performance-based sampling methodologies; certified seed, if the applicable State or Indian tribe is participating in the pilot program established under paragraph (4); or any other similar procedure, as approved by the Secretary, when developing sampling plans for any producer that elects to be designated as a producer of only industrial hemp under clause (ii)(I); ; and in clause
(viii)(as so redesignated), by striking
(vi)and inserting
(vii); and by adding at the end the following: The Secretary may, in up to 5 States or Indian tribes, establish a pilot program under which the State department of agriculture of a selected State, or the equivalent Tribal government agency, may certify genetic purity (within the meaning of the Federal Seed Act ( 7 U.S.C. 1551 et seq. )) and identity as to variety (as defined in section 101 of that Act ( 7 U.S.C. 1561 )) of varieties of seeds that have been bred to produce plants with a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis. A hemp producer that produces hemp using a variety of seed certified under subparagraph
(A)in the State or on the land of the Indian tribe by which the variety of seed is certified may submit to the applicable State department of agriculture, or equivalent Tribal government agency, an application for an exemption from the testing requirements under paragraph (2)(A)(iii)(I). An exemption approved under clause
(i)shall expire on the date that is 3 years after the date of the approval. A hemp producer may reapply under clause
(i)to be exempt under that clause after the expiration of the exemption under clause (ii). If the State department of agriculture approves an application submitted under subparagraph (B)(i), the applicable hemp producer shall not be subject to the testing requirements under paragraph (2)(A)(iii)(I). Each State or Indian tribe selected to participate in the pilot program under this paragraph shall regulate vendors of seed certified under subparagraph
(A)operating in that State or on the land of that Indian tribe. ; and in subsection (e)(3)— by striking subparagraph (B); by redesignating subparagraph
(C)as subparagraph (B); and by adding at the end the following: Any person licensed to produce only industrial hemp as described in subsection (a)(2)(A)(ii)(I) who, with a culpable mental state greater than negligence, produces a crop of hemp that is inconsistent with that license shall be ineligible to participate in the program established under this section for a period of 5 years beginning on the date of the violation, as determined by the Secretary. . Section 297C(a)(2) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639q(a)(2) ) is amended— by redesignating subparagraphs
(B)through
(F)as subparagraphs
(C)through (G), respectively; by inserting after subparagraph
(A)the following: a procedure by which a hemp producer may be licensed to produce— only industrial hemp, in which case the industrial hemp producer shall not be required to undergo a background check to apply for the license; or hemp for any purpose; ; and in subparagraph
(C)(as so redesignated)— by inserting , excluding industrial hemp, after hemp ; by adding and after the semicolon at the end; by striking
(C)a procedure and inserting (C)(i) a procedure ; and by adding at the end the following: in the case of a producer licensed to produce only industrial hemp under subparagraph (B)(i), a procedure for testing compliance with the definition of industrial hemp in section 297A using relaxed regulatory requirements, which may include— visual inspections; performance-based sampling methodologies; certified seed, if the applicable State or Indian tribe is participating in the pilot program established under section 297B(a)(4); or any other similar procedure, as approved by the Secretary, when developing sampling plans for any producer that elects to be designated as a producer of only industrial hemp under subparagraph (B)(i); . Section 297D of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639r ) is amended by adding at the end the following: Except as provided in section 297B, nothing in this subtitle preempts or limits any law of a State or Indian tribe that regulates any activity involving hemp or hemp products, including with respect to the production, manufacture, or sale of hemp or hemp products. .
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Sec. 10016
Hemp production
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