117 HR 6645 IH: Hemp Advancement Act of 2022 U.S. House of Representatives 2022-02-08 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.

I117th CONGRESS2d SessionH. R. 6645IN THE HOUSE OF REPRESENTATIVESFebruary 8, 2022Ms. Pingree 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 concernedA BILLTo promote the production of hemp and hemp products, and for other purposes.

1.

Short title

This Act may be cited as the Hemp Advancement Act of 2022.

2.

Modifications to definitions in the Agricultural Marketing Act of 1946

Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended—(1)by redesignating paragraph (6) as paragraph (8);(2)by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively;(3)by striking paragraph (1) and inserting the following:(1)

Hemp

The term hemp means—(A)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 thereof, whether growing or not, with a total tetrahydrocannabinol concentration of not more than 1 percent on a dry weight basis, that is not intended for sale to consumers; and(B)hemp extract that—(i)is to be used in the making of a hemp product; (ii)has not been packaged as a finished product;(iii)is not intended for sale to consumers;(iv)has a total tetrahydrocannabinol concentration that exceeds 1 percent on a dry weight basis; and(v)is stored, transported, and processed in accordance with section 297F.(2)

Hemp product

The term hemp product means a finished product that—(A)is derived from, or made by, processing hemp; and(B)has a total tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.; and(4)by inserting after paragraph (6) (as so redesignated by paragraph (1) of this subsection) the following:(7)

Total tetrahydrocannabinol concentration

The term total tetrahydrocannabinol concentration means the aggregate concentration of delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, and the optical isomers of such substances..

3.

State and tribal plans

Section 297B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p) is amended—(1)in subsection (a)(2)(A)—(A)in clause (ii), by striking testing and all that follows through methods, and inserting a laboratory accredited under criteria established by the Secretary under section 297D(a)(1)(C) to use post-decarboxylation or other similarly reliable methods to test; and(B)in clause (iii)—(i)in the matter preceding subclause (i) by inserting , including by pyrolysis, after disposal; and(ii)in subclause (II), by inserting , except that products derived from pyrolysis disposal may enter the stream of commerce after plants;(2)in subsection (e)(2)(A)(iii)—(A)by striking 0.3 and inserting 1; and(B)by striking delta-9 and inserting total; and (3)in subsection (e)(3), by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).

4.

Reinstatement of formerly ineligible individuals

Any individual excluded under section 297B(e)(3)(B) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p(e)(3)(B), as in effect before the amendments made by section 3 of this Act, from—(1) the programs established under sections 297B (7 U.S.C. 1639p) and 297C (7 U.S.C. 1639q) of such Act of 1946; or(2)any program established through a regulation or guideline issued under section 297D(a) of such Act of 1946 (7 U.S.C. 1639r(a)),shall not be excluded from participation in such programs on these grounds.

5.

Amendments to regulation of hemp by Department of Agriculture

Section 297C(a)(2) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639q(a)(2)) is amended—(1)in subparagraph (B), by striking testing and all that follows through methods, and inserting a laboratory accredited under criteria established by the Secretary under section 297D(a)(1)(C) to use post-decarboxylation or other similarly reliable methods to test; and(2)in subparagraph (C)—(A)by inserting , including by pyrolysis, after disposal; and(B)in clause (ii), by inserting , except that products derived from pyrolysis disposal may enter the stream of commerce after plants.

6.

Criteria for laboratory accreditation

Section 297D(a)(1) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639r(a)(1)) is amended by adding at the end the following:(C)

Criteria for laboratory accreditation

The Secretary shall establish criteria by which a laboratory may be accredited for purposes of testing hemp, in accordance with sections 297B(a)(2)(A) and 297C(a)(2). Such criteria shall not require that a laboratory be registered with the Attorney General, acting through the Administrator of the Drug Enforcement Administration..

7.

In-process hemp extract

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:

297F.

In-process hemp extract

(a)

In general

The requirements of this section for in-process hemp extract are the following:(1)The hemp extract is derived from hemp produced in accordance with this Act.(2)The hemp extract is processed further or incorporated into another product.(3)The hemp extract is not packaged as a hemp product and is not sold or offered for sale to consumers.(4)The hemp extract is not used to produce a hemp product that has a total tetrahydrocannabinol concentration that exceeds 0.3 percent on a dry weight basis.(5)The hemp extract is produced, stored, transported, and processed in a facility bonded under regulations issued in accordance with subsection (b).(b)

Regulations

(1)

In general

The Secretary shall issue regulations for facilities that produce, store, transport, or process in-process hemp extract, which shall include—(A)procedures to ensure the secure transportation of in-process hemp extract;(B)procedures for the documentation and secure disposal (rendering the by-product unusable for any intoxicating purpose) of any by-product from the extraction and manufacture of in-process hemp extract that—(i)has a total tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis; and(ii)will not be used in, or subject to, further processing; and(C)such other procedures or practices, consistent with this title, as the Secretary considers to be appropriate.(2)

State regulations

A State or political subdivision may not impose or continue in effect any requirement for disposal or documentation of in-process hemp extract that is different from any requirement imposed under this section.

.

8.

Synthetic cannabinoids

Section 10114(a) of the Agriculture Improvement Act of 2018 (7 U.S.C. 1639o note) is amended by inserting , or permits interstate commerce of products containing cannabinoids that are not naturally occurring in the plant Cannabis sativa L. or that are manufactured by means of chemical synthesis before the period.

9.

Conforming amendments to the Controlled Substances Act

(a)

In general

Section 102(16)(B) of the Controlled Substances Act (21 U.S.C. 802(16)(B)) is amended—(1)in clause (i), by striking or;(2)in clause (ii), by striking the period and inserting ; or; and(3)by adding at the end the following:(iii)hemp products, as defined in section 297A of the Agricultural Marketing Act of 1947 (7 U.S.C. 1639o)..(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 , in-process hemp extract, or hemp products after hemp.