[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3037 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3037

To amend the Controlled Substances Act to exclude industrial hemp from 
          the definition of marihuana, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2005

  Mr. Paul (for himself, Mr. Farr, Mr. McDermott, Mr. Stark, and Mr. 
  Grijalva) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Controlled Substances Act to exclude industrial hemp from 
          the definition of marihuana, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Industrial Hemp Farming Act of 
2005''.

SEC. 2. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINITION OF MARIHUANA.

    Paragraph (16) of section 102 of the Controlled Substances Act (21 
U.S.C. 802(16)) is amended--
            (1) by striking ``(16)'' at the beginning and inserting 
        ``(16)(A)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) The term `marihuana' does not include industrial hemp. As 
used in the preceding sentence, the term `industrial hemp' means the 
plant Cannabis sativa L. and any part of such plant, whether growing or 
not, with a delta-9 tetrahydrocannabinol concentration that does not 
exceed 0.3 percent on a dry weight basis.''.

SEC. 3. INDUSTRIAL HEMP DETERMINATION TO BE MADE BY STATES.

    Section 201 of the Controlled Substances Act (21 U.S.C. 811) is 
amended by adding at the end the following new subsection:
    ``(i) Industrial Hemp Determination to Be Made by States.--In any 
criminal action, civil action, or administrative proceeding, a State 
regulating the growing and processing of industrial hemp under State 
law shall have exclusive authority to determine whether any such plant 
meets the concentration limitation set forth in subparagraph (B) of 
paragraph (16) of section 102 and such determination shall be 
conclusive and binding.''.
                                 <all>