[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3530 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3530

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2017

   Mr. Comer (for himself, Mr. Goodlatte, Mr. Polis, Mr. Massie, Mr. 
    Griffith, Mr. Young of Alaska, Mr. Cramer, Mr. Blumenauer, Mr. 
   Peterson, Mr. Cohen, Ms. Bonamici, Ms. Gabbard, Mr. DeFazio, Mr. 
Schrader, Mr. Perlmutter, and Mr. Barr) 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 
2017''.

SEC. 2. FINDING.

    The Congress finds that industrial hemp is a non-narcotic 
agricultural commodity that is used in tens of thousands of legal and 
legitimate products.

SEC. 3. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINITION OF MARIHUANA.

    Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended--
            (1) in paragraph (16)--
                    (A) by striking ``(16) The'' and inserting 
                ``(16)(A) The''; and
                    (B) by adding at the end the following:
            ``(B) The term `marihuana' does not include industrial hemp 
        or research hemp.''; and
            (2) by adding at the end the following:
            ``(57) The term `industrial hemp' means the plant Cannabis 
        sativa L. and any part or derivative of such plant (including 
        viable seeds), whether growing or not--
                    ``(A) no part of which has a delta-9 
                tetrahydrocannabinol concentration of more than 0.3 
                percent on a dry weight basis;
                    ``(B) the production, storage, distribution, or use 
                of which is lawful under the law of the State or of the 
                tribe having jurisdiction over the area of Indian 
                country (as defined in section 1151 of title 18, United 
                States Code) such conduct occurs; and
                    ``(C) with regard to the production, storage, 
                distribution, or use of which the State in which such 
                conduct occurs or the tribe having jurisdiction over 
                the area of Indian country (as defined in section 1151 
                of title 18, United States Code) in which such conduct 
                occurs submits to the Attorney General, upon the 
                Attorney General's request--
                            ``(i) the name of the person;
                            ``(ii) the period of time for which such 
                        conduct is authorized; and
                            ``(iii) information pertaining to each 
                        location, including the specific latitude and 
                        longitude, where the conduct is authorized to 
                        occur.
                The term does not include any such plant, or part or 
                derivative thereof, that has been altered so as to 
                increase the delta-9 tetrahydrocannabinol concentration 
                above the limits specified in subparagraph (A).
            ``(58) The term `research hemp' means the plant Cannabis 
        sativa L. and any part or derivative of such plant (including 
        viable seeds), whether growing or not, that would be industrial 
        hemp except that such, plant, part, or derivative has a delta-9 
        tetrahydrocannabinol concentration of more than 0.3 percent on 
        a dry weight basis but less than 0.6 percent on a dry weight 
        basis, and that--
                    ``(A) is used in scientific, medical or industrial 
                research conducted by an institution of higher 
                education (as defined in section 101 of the Higher 
                Education Act of 1965 (20 U.S.C. 1001)) or a State 
                department of agriculture; and
                    ``(B) may not be introduced into commerce.''.

SEC. 4. ADMINISTRATIVE INSPECTIONS.

    Section 510 of the Controlled Substances Act (21 U.S.C. 880) is 
amended--
            (1) in subsection (a)--
                    (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 inserting after paragraph (2) the following:
            ``(3) places where industrial hemp or research hemp is 
        produced, stored, distributed, or used.''.
            (2) in subsection (d), by adding at the end the following:
            ``(5) Any land on which industrial hemp or research hemp is 
        produced, stored, distributed, or used shall be subject to 
        inspection, in accordance with the provisions of this section, 
        for compliance with the provisions of this Act.''.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, may be 
construed--
            (1) to alter the provisions of the Federal Food, Drug, and 
        Cosmetic Act that pertain to an unapproved, adulterated, or 
        misbranded drug or food; or
            (2) to require a retailer or end user of a finished product 
        that contains industrial hemp to comply with the reporting 
        requirement under section 102(57)(C) of the Controlled 
        Substances Act.

SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to carry out the requirements of 
this Act and the amendments made by this Act. Such requirements shall 
be carried out using amounts otherwise authorized.
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