[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5017 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 5017

     To amend the Agricultural Marketing Act of 1946 to modify the 
              definition of hemp, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2020

   Mr. Paul introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
     To amend the Agricultural Marketing Act of 1946 to modify the 
              definition of hemp, 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 Economic Mobilization Plan Act 
of 2020'' or the ``HEMP Act of 2020''.

SEC. 2. HEMP PRODUCTION.

    (a) Definition of Hemp.--
            (1) In general.--Section 297A(1) of the Agricultural 
        Marketing Act of 1946 (7 U.S.C. 1639o(1)) is amended by 
        striking ``0.3 percent'' and inserting ``1 percent''.
            (2) Conforming amendment.--Section 297B(e)(2)(A)(iii) of 
        the Agricultural Marketing Act of 1946 (7 U.S.C. 
        1639p(e)(2)(A)(iii)) is amended by striking ``0.3 percent'' and 
        inserting ``1 percent''.
    (b) Testing for Delta-9 THC; Seed Certificates During Transport.--
            (1) State and tribal plans.--Section 297B(a)(2)(A) of the 
        Agricultural Marketing Act of 1946 (7 U.S.C. 1639p(a)(2)(A)) is 
        amended--
                    (A) in clause (ii)--
                            (i) by inserting ``the measurement of 
                        uncertainty of which is not greater than 0.075 
                        percent,'' after ``methods,''; and
                            (ii) by striking ``hemp'' and inserting 
                        ``products derived from hemp plants'';
                    (B) in clause (vi), by striking ``and'' at the end;
                    (C) by redesignating clause (vii) as clause (viii);
                    (D) by inserting after clause (vi) the following:
                            ``(vii) a requirement that any person 
                        transporting hemp from a producer to a 
                        processor shall keep with the shipment of hemp 
                        a seed certificate from a laboratory 
                        demonstrating that the hemp was grown from 
                        genetics containing a delta-9 
                        tetrahydrocannabinol concentration of not more 
                        than 1 percent on a dry weight basis; and''; 
                        and
                    (E) in clause (viii) (as so redesignated), by 
                striking ``the practices and procedures described in 
                clauses (i) through (vi)'' and inserting ``clauses (i) 
                through (vii)''.
            (2) Department of agriculture plan.--Section 297C(a)(2) of 
        the Agricultural Marketing Act of 1946 (7 U.S.C. 1639q(a)(2)) 
        is amended--
                    (A) in subparagraph (B)--
                            (i) by inserting ``the measurement of 
                        uncertainty of which is not greater than 0.075 
                        percent,'' after ``methods,''; and
                            (ii) by striking ``hemp'' and inserting 
                        ``products derived from hemp plants'';
                    (B) in subparagraph (E), by striking ``and'' at the 
                end;
                    (C) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(G) a requirement that any person transporting 
                hemp from a producer to a processor shall keep with the 
                shipment of hemp a seed certificate from a laboratory 
                demonstrating that the hemp was grown from genetics 
                containing a delta-9 tetrahydrocannabinol concentration 
                of not more than 1 percent on a dry weight basis.''.
    (c) Conforming Revisions to Regulations.--Not later than 90 days 
after the date of enactment of this Act, without regard to the notice 
and comment provisions of section 553 of title 5, United States Code, 
the Secretary of Agriculture shall revise part 990 of title 7, Code of 
Federal Regulations, to make any conforming changes that are necessary 
as a result of this section and the amendments made by this section.
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