§ 704. Growth and cultivation.

571 words·~3 min read·/pa/title-3/chapter-7/704

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Authorization.-- Industrial hemp may be grown or cultivated by the department or an institution of higher education for the purposes of research conducted under an agricultural pilot program in compliance with subsection (b), notwithstanding:

(1)The Controlled Substances Act (Public Law 91-513, 84 Stat. 1236, 21 U.S.C. § 801 et seq.).

(2)(Reserved).

(3)41 U.S.C. Ch. 81 (relating to drug-free workplace).

(4)Section 4(1)(vii)1 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(5)18 Pa.C.S. § 7508(a)(1) (relating to drug trafficking sentencing and penalties).

(6)Any other Federal law or State law.

(b)Manner.-- Industrial hemp shall be grown or cultivated in a manner that complies with all of the following:

(1)Except as provided under subsection (c), only institutions of higher education and the department may grow or cultivate industrial hemp.

(2)Sites used for growing or cultivating industrial hemp must be certified, inspected and permitted by and registered with the department. The failure to permit inspection by the department shall be a violation of this chapter.

(c)Contracted growers.--

(1)The department, to the extent necessary to carry out the provisions of an agricultural pilot program, may contract with a person to grow or cultivate industrial hemp.

(2)An institution of higher education holding a permit from the department, to the extent necessary to carry out the provisions of an agricultural pilot program, may contract with a person to grow or cultivate industrial hemp.

(3)A contract between an institution of higher education and a person must incorporate the provisions of the permit issued to the institution of higher education and must require written approval from the department.

(4)A person with a contract to grow or cultivate industrial hemp must provide the following information:

(i)The name and mailing address of the person.

(ii)The legal description and global positioning coordinates sufficient to locate each site to be used to grow or cultivate industrial hemp.

(iii)A signed declaration indicating whether the person has ever been convicted of a felony or misdemeanor.

(5)A person with a contract under this subsection is subject to a grant of necessary permissions, waivers or other form of valid legal status by the United States Drug Enforcement Administration or other appropriate Federal agency pursuant to Federal laws relating to industrial hemp. The department may seek all-inclusive permissions, waivers or other forms of valid legal status from the United States Drug Enforcement Administration or other appropriate Federal agency pursuant to Federal laws relating to industrial hemp for all persons with a contract to grow or cultivate industrial hemp.

(6)Each contracted grower shall submit fingerprints to the Pennsylvania State Police for the purpose of obtaining criminal history record checks. The Pennsylvania State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions. Any criminal history record information relating to contracted growers obtained under this paragraph by the department may be interpreted and used by the department only to determine the applicant's character, fitness and suitability to serve as contracted growers under this chapter.

(7)A person with a felony drug conviction within the past 10 years may not contract to grow or cultivate industrial hemp under this subsection.

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