Full Sections of the 2018 Federal Farm Bill Related To Hemp

The full text of Agricultural Improvement Act is over 4k pages – and you’re welcome to read the whole thing by following the link to Congress.gov. 2018 Federal Farm Bill [Complete Text]. However, to narrow it down these are the sections related to United States hemp.

Sec. 7129. Supplemental and alternative crops; hemp.

SEC. 7129. SUPPLEMENTAL AND ALTERNATIVE CROPS; HEMP. Section 1473D of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amended– (1) in subsection (a)– (A) by striking “2018” and inserting “2023”; and (B) by striking “crops,” and inserting “crops (including canola),”; (2) in subsection (b)– (A) by inserting “for agronomic rotational purposes and as a habitat for honey bees and other pollinators” after “alternative crops”; and (B) by striking “commodities whose” and all that follows through the period at the end and inserting “commodities.”; (3) in subsection (c)(3)(E), by inserting “(including hemp (as defined in section 297A of the Agricultural Marketing Act of 1946))” after “material”; and (4) in subsection (e)– (A) in paragraph (1), by striking “and” at the end; (B) in paragraph (2), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new paragraph: “(3) $2,000,000 for each of fiscal years 2019 through 2023.”.

Sec. 7605. Legitimacy of industrial hemp research.

SEC. 7605. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH. (a) In General.–Section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) is amended– (1) by redesignating subsections (a) and (b) as subsections (b) and (a), respectively, and moving the subsections so as to appear in alphabetical order; (2) in subsection (a) (as so redesignated)– (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following: “(3) State.–The term `State’ has the meaning given such term in section 297A of the Agricultural Marketing Act of 1946.”; (3) in subsection (b) (as so redesignated), in the subsection heading, by striking “In General” and inserting “Industrial Hemp Research”; and (4) by adding at the end the following: “(c) Study and Report.– “(1) In general.–The Secretary shall conduct a study of agricultural pilot programs– “(A) to determine the economic viability of the domestic production and sale of industrial hemp; and “(B) that shall include a review of– “(i) each agricultural pilot program; and “(ii) any other agricultural or academic research relating to industrial hemp. “(2) Report.–Not later than 12 months 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).”. (b) <> Repeal.–Effective on the date that is 1 year after the date on which the Secretary establishes a plan under section 297C of the Agricultural Marketing Act of 1946, section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) is repealed. SEC. 7606. COLLECTION OF DATA RELATING TO BARLEY AREA PLANTED AND HARVESTED. For all acreage reports published after the date of enactment of this Act, the Secretary, acting through the Administrator of the National Agricultural Statistics Service, shall include the State of New York in the States surveyed to produce the table entitled “Barley Area Planted and Harvested” in those reports. SEC. 7607. COLLECTION OF DATA RELATING TO THE SIZE AND LOCATION OF DAIRY FARMS. (a) In General.–Not later than 60 days after the date on which the 2017 Census of Agriculture is released, the Secretary, acting through the Administrator of the Economic Research Service, shall update the report entitled “Changes in the Size and Location of US Dairy Farms” contained in the report of the Economic Research Service entitled “Profits, Costs, and the Changing Structure of Dairy Farming” and published in September 2007. (b) Requirement.–In updating the report described in subsection (a), the Secretary shall, to the maximum extent practicable, use the same unit of measurement for reporting the full range of herd sizes in Table 1 and Table 2 of the report while maintaining confidentiality of individual producers.

Sec. 10113. Hemp production.

SEC. 10113. HEMP PRODUCTION.

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:

“Subtitle G–Hemp Production

“SEC. 297A. <<NOTE: 7 USC 1639o.>> DEFINITIONS.

“In this subtitle:
“(1) Hemp.–The term `hemp’ means the plant Cannabis sativa
L. and any part of that plant, including the seeds thereof and
all derivatives, extracts, cannabinoids, isomers, acids, salts,
and salts of isomers, whether growing or not, with a delta-9
tetrahydrocannabinol concentration of not more than 0.3 percent
on a dry weight basis.

[[Page 132 STAT. 4909]]

“(2) Indian tribe.–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).
“(3) Secretary.–The term `Secretary’ means the Secretary
of Agriculture.
“(4) State.–The term `State’ means–
“(A) a State;
“(B) the District of Columbia;
“(C) the Commonwealth of Puerto Rico; and
“(D) any other territory or possession of the
United States.
“(5) State department of agriculture.–The term `State
department of agriculture’ means the agency, commission, or
department of a State government responsible for agriculture in
the State.
“(6) Tribal government.–The term `Tribal government’ means
the governing body of an Indian tribe.
“SEC. 297B. <<NOTE: 7 USC 1639p.>> STATE AND TRIBAL PLANS.

“(a) Submission.–
“(1) In general.–A State or Indian tribe desiring to have
primary regulatory authority over the production of hemp 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).
“(2) Contents.–A State or Tribal plan referred to in
paragraph (1)–
“(A) shall only be required to include–
“(i) 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;
“(ii) 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;
“(iii) a procedure for the effective disposal
of–
“(I) plants, whether growing or
not, that are produced in violation of
this subtitle; and
“(II) products derived from those
plants;
“(iv) a procedure to comply with the
enforcement procedures under subsection (e);
“(v) 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 subtitle;
“(vi) a procedure for submitting the
information described in section 297C(d)(2), as
applicable, to the Secretary not more than 30 days
after the date on which the information is
received; and

[[Page 132 STAT. 4910]]

“(vii) a certification that the State or
Indian tribe has the resources and personnel to
carry out the practices and procedures described
in clauses (i) through (vi); and
“(B) 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.
“(3) Relation to state and tribal law.–
“(A) No preemption.–Nothing in this subsection
preempts or limits any law of a State or Indian tribe
that–
“(i) regulates the production of hemp; and
“(ii) is more stringent than this subtitle.
“(B) References in plans.–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 hemp, to the extent that law is consistent
with this subtitle.

“(b) Approval.–
“(1) In general.–Not later than 60 days after receipt of a
State or Tribal plan under subsection (a), the Secretary shall–
“(A) approve the State or Tribal plan if the State
or Tribal plan complies with subsection (a); or
“(B) disapprove the State or Tribal plan only if
the State or Tribal plan does not comply with subsection
(a).
“(2) Amended plans.–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).
“(3) Consultation.–The Secretary shall consult with the
Attorney General in carrying out this subsection.

“(c) Audit of State Compliance.–
“(1) In general.–The Secretary may conduct an audit of the
compliance of a State or Indian tribe with a State or Tribal
plan approved under subsection (b).
“(2) Noncompliance.–If the Secretary determines under an
audit conducted under paragraph (1) that a State or Indian tribe
is not materially in compliance with a State or Tribal plan–
“(A) the Secretary shall collaborate with the State
or Indian tribe to develop a corrective action plan in
the case of a first instance of noncompliance; and
“(B) the Secretary may revoke approval of the State
or Tribal plan in the case of a second or subsequent
instance of noncompliance.

“(d) Technical Assistance.–The Secretary may provide technical
assistance to a State or Indian tribe in the development of a State or
Tribal plan under subsection (a).
“(e) Violations.–
“(1) In general.–A violation of a State or Tribal plan
approved under subsection (b) shall be subject to enforcement
solely in accordance with this subsection.
“(2) Negligent violation.–

[[Page 132 STAT. 4911]]

“(A) In general.–A hemp 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 hemp producer has
negligently violated the State or Tribal plan, including
by negligently–
“(i) failing to provide a legal description
of land on which the producer produces hemp;
“(ii) failing to obtain a license or other
required authorization from the State department
of agriculture or Tribal government, as
applicable; or
“(iii) producing Cannabis sativa L. with a
delta-9 tetrahydrocannabinol concentration of more
than 0.3 percent on a dry weight basis.
“(B) Corrective action plan.–A hemp 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–
“(i) a reasonable date by which the hemp
producer shall correct the negligent violation;
and
“(ii) a requirement that the hemp producer
shall periodically report to the State department
of agriculture or Tribal government, as
applicable, on the compliance of the hemp producer
with the State or Tribal plan for a period of not
less than the next 2 calendar years.
“(C) Result of negligent violation.–A hemp
producer that negligently violates a State or Tribal
plan under subparagraph (A) shall not as a result of
that violation be subject to any criminal enforcement
action by the Federal Government or any State
government, Tribal government, or local government.
“(D) Repeat violations.–A hemp producer that
negligently violates a State or Tribal plan under
subparagraph (A) 3 times in a 5-year period shall be
ineligible to produce hemp for a period of 5 years
beginning on the date of the third violation.
“(3) Other violations.–
“(A) In general.–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 hemp producer in the State or
territory has violated the State or Tribal plan with a
culpable mental state greater than negligence–
“(i) the State department of agriculture or
Tribal government, as applicable, shall
immediately report the hemp producer to–
“(I) the Attorney General; and
“(II) the chief law enforcement
officer of the State or Indian tribe, as
applicable; and
“(ii) paragraph (1) of this subsection shall
not apply to the violation.
“(B) Felony.–

[[Page 132 STAT. 4912]]

“(i) In general.–Except as provided in
clause (ii), any person convicted of a felony
relating to a controlled substance under State or
Federal law before, on, or after the date of
enactment of this subtitle shall be ineligible,
during the 10-year period following the date of
the conviction–
“(I) to participate in the program
established under this section or
section 297C; and
“(II) to produce hemp under any
regulations or guidelines issued under
section 297D(a).
“(ii) Exception.–Clause (i) shall not apply
to any person growing hemp lawfully with a
license, registration, or authorization under a
pilot program authorized by section 7606 of the
Agricultural Act of 2014 (7 U.S.C. 5940) before
the date of enactment of this subtitle.
“(C) False statement.–Any person who materially
falsifies any information contained in an application to
participate in the program established under this
section shall be ineligible to participate in that
program.

“(f) Effect.–Nothing in this section prohibits the production of
hemp in a State or the territory of an Indian tribe–
“(1) for which a State or Tribal plan is not approved under
this section, if the production of hemp is in accordance with
section 297C or other Federal laws (including regulations); and
“(2) if the production of hemp is not otherwise prohibited
by the State or Indian tribe.
“SEC. 297C. <<NOTE: 7 USC 1639q.>> DEPARTMENT OF AGRICULTURE.

“(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
297B, 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 subtitle; 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
subtitle; and

[[Page 132 STAT. 4913]]

“(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
subtitle.

“(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
297B, 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 297B(e),
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 297B(b); 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.
“SEC. 297D. <<NOTE: 7 USC 1639r.>> REGULATIONS AND GUIDELINES;
EFFECT ON OTHER LAW.

“(a) Promulgation of Regulations and Guidelines; Report.–
“(1) Regulations and guidelines.–
“(A) In general.–The Secretary shall promulgate
regulations and guidelines to implement this subtitle as
expeditiously as practicable.

[[Page 132 STAT. 4914]]

“(B) Consultation with attorney general.–The
Secretary shall consult with the Attorney General on the
promulgation of regulations and guidelines under
subparagraph (A).
“(2) Report.–The Secretary shall annually submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
a report containing updates on the implementation of this
subtitle.

“(b) Authority.–Subject to subsection (c)(3)(B), the Secretary
shall have sole authority to promulgate Federal regulations and
guidelines that relate to the production of hemp, including Federal
regulations and guidelines that relate to the implementation of sections
297B and 297C.
“(c) Effect on Other Law.–Nothing in this subtitle shall affect or
modify–
“(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.);
“(2) section 351 of the Public Health Service Act (42
U.S.C. 262); or
“(3) the authority of the Commissioner of Food and Drugs
and the Secretary of Health and Human Services–
“(A) under–
“(i) the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.); or
“(ii) section 351 of the Public Health
Service Act (42 U.S.C. 262); or
“(B) to promulgate Federal regulations and
guidelines that relate to the production of hemp under
the Act described in subparagraph (A)(i) or the section
described in subparagraph (A)(ii).
“SEC. 297E. <<NOTE: 7 USC 1639s.>> AUTHORIZATION OF
APPROPRIATIONS.

“There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.”.

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: “Subtitle G–Hemp Production “SEC. 297A. <> DEFINITIONS. “In this subtitle: “(1) Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. [[Page 132 STAT. 4909]] “(2) Indian tribe.–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). “(3) Secretary.–The term `Secretary’ means the Secretary of Agriculture. “(4) State.–The term `State’ means– “(A) a State; “(B) the District of Columbia; “(C) the Commonwealth of Puerto Rico; and “(D) any other territory or possession of the United States. “(5) State department of agriculture.–The term `State department of agriculture’ means the agency, commission, or department of a State government responsible for agriculture in the State. “(6) Tribal government.–The term `Tribal government’ means the governing body of an Indian tribe. “SEC. 297B. <> STATE AND TRIBAL PLANS. “(a) Submission.– “(1) In general.–A State or Indian tribe desiring to have primary regulatory authority over the production of hemp 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). “(2) Contents.–A State or Tribal plan referred to in paragraph (1)– “(A) shall only be required to include– “(i) 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; “(ii) 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; “(iii) a procedure for the effective disposal of– “(I) plants, whether growing or not, that are produced in violation of this subtitle; and “(II) products derived from those plants; “(iv) a procedure to comply with the enforcement procedures under subsection (e); “(v) 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 subtitle; “(vi) a procedure for submitting the information described in section 297C(d)(2), as applicable, to the Secretary not more than 30 days after the date on which the information is received; and [[Page 132 STAT. 4910]] “(vii) a certification that the State or Indian tribe has the resources and personnel to carry out the practices and procedures described in clauses (i) through (vi); and “(B) 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. “(3) Relation to state and tribal law.– “(A) No preemption.–Nothing in this subsection preempts or limits any law of a State or Indian tribe that– “(i) regulates the production of hemp; and “(ii) is more stringent than this subtitle. “(B) References in plans.–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 hemp, to the extent that law is consistent with this subtitle. “(b) Approval.– “(1) In general.–Not later than 60 days after receipt of a State or Tribal plan under subsection (a), the Secretary shall– “(A) approve the State or Tribal plan if the State or Tribal plan complies with subsection (a); or “(B) disapprove the State or Tribal plan only if the State or Tribal plan does not comply with subsection (a). “(2) Amended plans.–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). “(3) Consultation.–The Secretary shall consult with the Attorney General in carrying out this subsection. “(c) Audit of State Compliance.– “(1) In general.–The Secretary may conduct an audit of the compliance of a State or Indian tribe with a State or Tribal plan approved under subsection (b). “(2) Noncompliance.–If the Secretary determines under an audit conducted under paragraph (1) that a State or Indian tribe is not materially in compliance with a State or Tribal plan– “(A) the Secretary shall collaborate with the State or Indian tribe to develop a corrective action plan in the case of a first instance of noncompliance; and “(B) the Secretary may revoke approval of the State or Tribal plan in the case of a second or subsequent instance of noncompliance. “(d) Technical Assistance.–The Secretary may provide technical assistance to a State or Indian tribe in the development of a State or Tribal plan under subsection (a). “(e) Violations.– “(1) In general.–A violation of a State or Tribal plan approved under subsection (b) shall be subject to enforcement solely in accordance with this subsection. “(2) Negligent violation.– [[Page 132 STAT. 4911]] “(A) In general.–A hemp 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 hemp producer has negligently violated the State or Tribal plan, including by negligently– “(i) failing to provide a legal description of land on which the producer produces hemp; “(ii) failing to obtain a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or “(iii) producing Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis. “(B) Corrective action plan.–A hemp 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– “(i) a reasonable date by which the hemp producer shall correct the negligent violation; and “(ii) a requirement that the hemp producer shall periodically report to the State department of agriculture or Tribal government, as applicable, on the compliance of the hemp producer with the State or Tribal plan for a period of not less than the next 2 calendar years. “(C) Result of negligent violation.–A hemp producer that negligently violates a State or Tribal plan under subparagraph (A) shall not as a result of that violation be subject to any criminal enforcement action by the Federal Government or any State government, Tribal government, or local government. “(D) Repeat violations.–A hemp producer that negligently violates a State or Tribal plan under subparagraph (A) 3 times in a 5-year period shall be ineligible to produce hemp for a period of 5 years beginning on the date of the third violation. “(3) Other violations.– “(A) In general.–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 hemp producer in the State or territory has violated the State or Tribal plan with a culpable mental state greater than negligence– “(i) the State department of agriculture or Tribal government, as applicable, shall immediately report the hemp producer to– “(I) the Attorney General; and “(II) the chief law enforcement officer of the State or Indian tribe, as applicable; and “(ii) paragraph (1) of this subsection shall not apply to the violation. “(B) Felony.– [[Page 132 STAT. 4912]] “(i) In general.–Except as provided in clause (ii), any person convicted of a felony relating to a controlled substance under State or Federal law before, on, or after the date of enactment of this subtitle shall be ineligible, during the 10-year period following the date of the conviction– “(I) to participate in the program established under this section or section 297C; and “(II) to produce hemp under any regulations or guidelines issued under section 297D(a). “(ii) Exception.–Clause (i) shall not apply to any person growing hemp lawfully with a license, registration, or authorization under a pilot program authorized by section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) before the date of enactment of this subtitle. “(C) False statement.–Any person who materially falsifies any information contained in an application to participate in the program established under this section shall be ineligible to participate in that program. “(f) Effect.–Nothing in this section prohibits the production of hemp in a State or the territory of an Indian tribe– “(1) for which a State or Tribal plan is not approved under this section, if the production of hemp is in accordance with section 297C or other Federal laws (including regulations); and “(2) if the production of hemp is not otherwise prohibited by the State or Indian tribe. “SEC. 297C. <> DEPARTMENT OF AGRICULTURE. “(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 297B, 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 subtitle; 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 subtitle; and [[Page 132 STAT. 4913]] “(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 subtitle. “(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 297B, 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 297B(e), 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 297B(b); 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. “SEC. 297D. <> REGULATIONS AND GUIDELINES; EFFECT ON OTHER LAW. “(a) Promulgation of Regulations and Guidelines; Report.– “(1) Regulations and guidelines.– “(A) In general.–The Secretary shall promulgate regulations and guidelines to implement this subtitle as expeditiously as practicable. [[Page 132 STAT. 4914]] “(B) Consultation with attorney general.–The Secretary shall consult with the Attorney General on the promulgation of regulations and guidelines under subparagraph (A). “(2) Report.–The Secretary shall annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing updates on the implementation of this subtitle. “(b) Authority.–Subject to subsection (c)(3)(B), the Secretary shall have sole authority to promulgate Federal regulations and guidelines that relate to the production of hemp, including Federal regulations and guidelines that relate to the implementation of sections 297B and 297C. “(c) Effect on Other Law.–Nothing in this subtitle shall affect or modify– “(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); “(2) section 351 of the Public Health Service Act (42 U.S.C. 262); or “(3) the authority of the Commissioner of Food and Drugs and the Secretary of Health and Human Services– “(A) under– “(i) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or “(ii) section 351 of the Public Health Service Act (42 U.S.C. 262); or “(B) to promulgate Federal regulations and guidelines that relate to the production of hemp under the Act described in subparagraph (A)(i) or the section described in subparagraph (A)(ii). “SEC. 297E. <> AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated such sums as are necessary to carry out this subtitle.”.

Sec. 12619. Conforming changes to Controlled Substances Act

SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT. (a) In General.–Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended– (1) by striking “(16) The” and inserting “(16)(A) Subject to subparagraph (B), the”; and (2) by striking “Such term does not include the” and inserting the following: “(B) The term `marihuana’ does not include– “(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or “(ii) the”. (b) Tetrahydrocannabinol.–Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection (c)(17) by inserting after “Tetrahydrocannabinols” the following: “, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)”.
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