[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8825 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8825

   To provide authority for small cultivators of marijuana and small 
  manufacturers of marijuana products to ship marijuana and marijuana 
            products using the mail, and for other purpose.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2022

 Mr. Huffman (for himself and Mr. Blumenauer) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
    in addition to the Committee on Agriculture, 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 provide authority for small cultivators of marijuana and small 
  manufacturers of marijuana products to ship marijuana and marijuana 
            products using the mail, and for other purpose.

    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 ``Small and Homestead Independent 
Producers Act of 2022''.

SEC. 2. AUTHORITY FOR SMALL CULTIVATORS AND MANUFACTURERS OF MARIJUANA 
              TO SHIP MARIJUANA IN THE MAIL.

    A small cultivator of marijuana and a small manufacturer of a 
marijuana product may ship and sell marijuana or a marijuana product to 
an individual located in that State or another State in which 
possession of marijuana or the marijuana product is lawful by that 
individual, using the Postal Service or any private or commercial 
interstate carrier.

SEC. 3. PREEMPTION.

    This Act preempts the laws of any State to the extent that such 
laws are inconsistent with this Act.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) The term ``small cultivator of marijuana'' means a 
        person who cultivates one acre or less of mature flowering 
        marijuana plant canopy using outdoor cultivation, 22,000 square 
        feet or less of marijuana plant canopy using greenhouse 
        cultivation, or 5,000 square feet or fewer of mature flowering 
        marijuana plant canopy using indoor cultivation, inclusive of 
        all marijuana cultivated by that person.
            (2) The term ``small manufacturer of a marijuana product'' 
        means a person who produces a manufactured marijuana product, 
        including a salve, tincture, edible, or concentrate, with a 
        gross annual revenue of less than $5,000,000, inclusive of all 
        marijuana product manufactured by that person.
            (3) The term ``person'' has the meaning given such term in 
        section 1 of title 1, United States Code.
            (4) The term ``outdoor cultivation'' means the cultivation 
        of mature cannabis without the use of artificial lighting or 
        heating in the canopy area at any point in time, and may 
        include the use of light deprivation.
            (5) The term ``light deprivation'' means the use of any 
        technique to eliminate natural light in order to induce 
        flowering.
            (6) The term ``greenhouse cultivation'' means the 
        cultivation of mature cannabis in a structure utilizing 
        artificial light at a rate above zero watts per square foot, 
        but no more than six watts per square foot.
            (7) The term ``indoor cultivation'' means the cultivation 
        of mature cannabis in a structure with the use of artificial 
        light at a rate above six watts per square foot in the canopy 
        area.
            (8) The term ``canopy'' means the area that contains mature 
        cannabis plants at any point in time.
            (9) The term ``mature'' means, with respect to a cannabis 
        plant, a cannabis plant that is flowering.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect on the date on which marijuana is 
removed from the list of scheduled substances under the Controlled 
Substances Act and Federal criminal penalties for an individual who 
manufactures, distributes, or possesses marijuana, are eliminated.
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