[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1009 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1009

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2007

  Mr. Paul (for himself, Ms. Baldwin, Mr. Frank of Massachusetts, Mr. 
 Grijalva, Mr. Hinchey, Mr. Kucinich, Mr. McDermott, Mr. George Miller 
  of California, Mr. Stark, and Ms. Woolsey) 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 
2007''.

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.''.
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