§ 1639q. Department of Agriculture
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/usc/title-7/section-1639qA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Department of Agriculture plan
(1)In general In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 1639p of this title, the production of hemp 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).
(2)Content A plan established by the Secretary under paragraph
(1)shall include—
(A)a practice to maintain relevant information regarding land on which hemp 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;
(B)a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
(C)a procedure for the effective disposal of—
(i)plants, whether growing or not, that are produced in violation of this subchapter; and
(ii)products derived from those plants;
(D)a procedure to comply with the enforcement procedures under subsection (c)(2);
(E)a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subchapter; and
(F)such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subchapter.
(b)Licensing The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection (a).
(c)Violations
(1)In general In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 1639p of this title, it shall be unlawful to produce hemp in that State or the territory of that Indian tribe without a license issued by the Secretary under subsection (b).
(2)Negligent and other violations A violation of a plan established under subsection
(a)shall be subject to enforcement in accordance with paragraphs
(2)and
(3)of section 1639p(e) of this title, except that the Secretary shall carry out that enforcement instead of a State department of agriculture or Tribal government.
(3)Reporting to Attorney General In the case of a State or Indian tribe covered by paragraph (1), the Secretary shall report the production of hemp without a license issued by the Secretary under subsection
(b)to the Attorney General.
(d)Information sharing for law enforcement
(1)In general The Secretary shall—
(A)collect the information described in paragraph (2); and
(B)make the information collected under subparagraph
(A)accessible in real time to Federal, State, territorial, and local law enforcement.
(2)Content The information collected by the Secretary under paragraph
(1)shall include—
(A)contact information for each hemp producer in a State or the territory of an Indian tribe for which—
(i)a State or Tribal plan is approved under section 1639p(b) of this title; or
(ii)a plan is established by the Secretary under this section;
(B)a legal description of the land on which hemp is grown by each hemp producer described in subparagraph (A); and
(C)for each hemp producer described in subparagraph (A)—
(i)the status of—
(I)a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or
(II)a license from the Secretary; and
(ii)any changes to the status.
(Aug. 14, 1946, ch. 966, title II, § 297C, as added Pub. L. 115–334, title X, § 10113, Dec. 20, 2018, 132 Stat. 4912.)
Connections23 cite this · traces to 2
Cited by 23 sections · top 20
public-private-law
U.S. Code
statute-compilations
bill
- Sec. 2Hemp production
- Sec. 2Hemp production
- Sec. 4Reinstatement of formerly ineligible individuals
- Sec. 5Amendments to regulation of hemp by Department of Agriculture
- Sec. 2Exemptions of industrial hemp under hemp production program
- Sec. 2Exemptions of industrial hemp under hemp production program
- Sec. 10006Hemp production
- Sec. 2Hemp production
- Sec. 10016Hemp production
- Sec. 2Hemp production
- Sec. 10005Hemp production
- Sec. 10005Hemp production
- Sec. 2Hemp production
Traces to 2 documents
U.S. Code
public-private-law
2 references not yet in our index
- Aug. 14, 1946, ch. 966
- 132 Stat. 4912
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§ 1639q
Department of Agriculture
Bills×14
U.S.C.×3
Fed. Reg.×2
Stat. Comp.×2
Pub. L.×1
Stat.×1
ActAug. 14, 1946, ch. 966
Stat.132 Stat. 4912
Cites 4Cited by 23 across 6 sources