109 HR 3037 IH: Industrial Hemp Farming Act of 2005 U.S. House of Representatives 2005-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 3037 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.

1.

Short title

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

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..

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. .