[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5485 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5485
To amend the Agricultural Marketing Act of 1946 to provide for State
and Tribal regulation of hemp production, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 12, 2018
Mr. Comer (for himself and Mr. Polis) introduced the following bill;
which was referred to the Committee on Agriculture, and in addition to
the Committees on Energy and Commerce, and 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 Agricultural Marketing Act of 1946 to provide for State
and Tribal regulation of hemp production, 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 ``Hemp Farming Act of 2018''.
SEC. 2. 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. 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.
``(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 products that are produced in
violation of this subtitle; and
``(iv) a procedure to comply with the
enforcement procedures under subsection (d);
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
regulating the production of hemp, to the extent that
law is consistent with 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).
``(c) 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).
``(d) 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 violations.--
``(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.--Except as
provided in subparagraph (D), a hemp producer that
negligently violates a State or Tribal plan under
subparagraph (A) shall not be subject to any criminal
or civil enforcement action by the Federal Government
or any State government, Tribal government, or local
government other than the enforcement action authorized
under subparagraph (B).
``(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.--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--
``(A) the State department of agriculture or Tribal
government, as applicable, shall immediately report the
hemp producer to--
``(i) the Attorney General; and
``(ii) in the case of a State department of
agriculture, the chief law enforcement officer
of the State; and
``(B) paragraph (1) of this subsection shall not
apply to the violation.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
``(f) Effect.--Nothing in this section prohibits the production of
hemp in a State or the territory of an Indian tribe for which a State
or Tribal plan is not approved under this section in accordance with
other Federal laws (including regulations).
``SEC. 297C. AUTHORITY TO ISSUE REGULATIONS AND GUIDELINES.
``The Secretary shall have sole authority to issue Federal
regulations and guidelines that relate to the production of hemp,
including Federal regulations and guidelines that relate to the
implementation of section 297B.''.
SEC. 3. FUNDING FOR HEMP RESEARCH.
(a) Supplemental and Alternative Crops.--Section 1473D(c)(3)(E) of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3319d(c)(3)(E)) is amended by inserting ``(including
hemp (as defined in section 297A of the Agricultural Marketing Act of
1946))'' after ``material''.
(b) Critical Agricultural Materials.--Section 5(b)(9) of the
Critical Agricultural Materials Act (7 U.S.C. 178c(b)(9)) is amended by
inserting ``, and including hemp (as defined in section 297A of the
Agricultural Marketing Act of 1946)'' after ``hydrocarbon-containing
plants''.
SEC. 4. 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 (b) (as so redesignated), in the
subsection heading, by striking ``In General'' and inserting
``Industrial Hemp Research''; and
(3) 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 120 days 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 of
enactment of this Act, section 7606 of the Agricultural Act of 2014 (7
U.S.C. 5940) is repealed.
SEC. 5. FEDERAL CROP INSURANCE.
(a) Definition of Hemp.--Section 502(b) of the Federal Crop
Insurance Act (7 U.S.C. 1502(b)) is amended--
(1) by redesignating paragraphs (8) through (11) as
paragraphs (9) through (12), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Hemp.--The term `hemp' has the meaning given the term
in section 297A of the Agricultural Marketing Act of 1946.''.
(b) Insurance Period.--Section 508(a)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1508(a)(2)) is amended by striking ``and sweet
potatoes'' and inserting ``sweet potatoes, and hemp''.
(c) Submission of Policies and Materials to Board.--Section 508(h)
of the Federal Crop Insurance Act (7 U.S.C. 1508(h)) is amended--
(1) in paragraph (1)(B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and
indenting appropriately;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Corporation shall''
and inserting the following:
``(i) In general.--The Corporation shall'';
(C) in clause (i)(I) (as so redesignated), by
inserting ``subject to clause (ii),'' before ``will
likely''; and
(D) by adding at the end the following:
``(ii) Waiver for hemp.--The Corporation
may waive the viability and marketability
requirement under clause (i)(I) in the case of
a policy or pilot program relating to the
production of hemp.''; and
(2) in paragraph (3)(C)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) in the case of reviewing policies
and other materials relating to the production
of hemp, may waive the viability and
marketability requirement under subparagraph
(A)(ii)(I).''.
(d) Agricultural Commodity.--Section 518 of the Federal Crop
Insurance Act (7 U.S.C. 1518) is amended by inserting ``hemp,'' before
``aquacultural species''.
(e) Research and Development Authority.--Section 522(b) of the
Federal Crop Insurance Act (7 U.S.C. 1522(b)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(K) Waiver for hemp.--The Board may waive the
viability and marketability requirements under this
paragraph in the case of research and development
relating to a policy to insure the production of
hemp.''; and
(2) in paragraph (3)--
(A) by striking ``The Corporation'' and inserting
the following:
``(A) In general.--Subject to subparagraph (B), the
Corporation''; and
(B) by adding at the end the following:
``(B) Waiver for hemp.--The Corporation may waive
the marketability requirement under subparagraph (A) in
the case of research and development relating to a
policy to insure the production of hemp.''.
SEC. 6. 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)''.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act authorizes interference with the interstate
commerce of hemp (as defined in section 297A of the Agricultural
Marketing Act of 1946, as added by section 2).
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