[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4315 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4315
To amend the Agricultural Marketing Act of 1946 to maintain certain
State and Tribal laws relating to hemp, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 16 (legislative day, April 14), 2026
Mr. Paul (for himself, Ms. Klobuchar, and Ms. Ernst) 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 maintain certain
State and Tribal laws relating to 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 Safety Enforcement Act''.
SEC. 2. HEMP PRODUCTION.
(a) Definition of Hemp.--Section 297A(1) of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1639o(1)) (as amended by section 781 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agency Appropriations Act, 2026 (7 U.S.C. 1639o note; Public
Law 119-37)), is amended by adding at the end the following:
``(D) Maintenance of state and tribal laws.--
Notwithstanding any other provision of this paragraph,
with respect to a State or Indian tribe that submits a
notice under section 297B(a)(3)(A)(i), the terms `hemp'
and `hemp-derived cannabinoid product' have the
meanings given those terms, or to related terms
concerning the plant Cannabis sativa L. and products
derived therefrom, in State or Tribal law, except that
the State or Indian tribe shall comply with the
exclusion from the definition in subparagraph
(C)(iv)(I).''.
(b) Self-Regulation by States and Indian Tribes.--Section 297B of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``A State'' and
inserting ``Except as provided in paragraph (3)(A), a
State''; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively;
(ii) by inserting before subparagraph (B)
(as so redesignated) the following:
``(A) Self-regulation by states and indian
tribes.--
``(i) In general.--In lieu of submitting a
plan under paragraph (1), a State or Indian
tribe desiring to have primary regulatory
authority over the production of hemp and hemp-
derived cannabinoid products in the State or
territory of the Indian tribe may 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
notice that the State or Indian tribe elects
not to be subject to this subtitle.
``(ii) Requirement for effect.--On
submission of a notice under clause (i) by a
State or Indian tribe, the State or Indian
tribe shall not be subject to this subtitle,
subject to the condition that the State or
Indian tribe shall implement a minimum age
requirement for the purchase of hemp-derived
cannabinoid products.
``(iii) Interstate commerce.--
``(I) Rule of construction.--
Nothing in this subtitle prohibits the
interstate commerce of hemp or hemp-
derived cannabinoid products to or from
a State or territory of an Indian tribe
that is not subject to this subtitle
pursuant to clause (ii).
``(II) Transportation.--No State or
Indian tribe shall prohibit the
interstate commerce of hemp or hemp-
derived cannabinoid products to or from
a State or territory of an Indian tribe
that is not subject to this subtitle
pursuant to clause (ii).
``(III) Between certain states and
indian tribes.--In the case of the
interstate commerce of hemp or hemp-
derived cannabinoid products between 2
States, between the territories of 2
Indian tribes, or between a State and
the territory of an Indian tribe that
are not subject to this subtitle
pursuant to clause (ii), the hemp or
hemp-derived cannabinoid products shall
be required to comply with the laws
(including regulations) of both States,
both Indian tribes, or the State and
the Indian tribe, as applicable.''; and
(iii) in subparagraph (B) (as so
redesignated), by striking ``that--'' in the
matter preceding clause (i) and all that
follows through the period at the end of clause
(ii) and inserting ``that regulates the
production of hemp.''; and
(2) in subsection (f)(1), by striking ``if the production''
and inserting the following: ``if--
``(A) the State or Indian tribe is not subject to
this subtitle pursuant to subsection (a)(3)(A); or
``(B) the production''.
(c) Exemption From Department of Agriculture Plan.--Section 297C of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1639q) is amended, in
subsections (a)(1) and (c)(1), by striking ``In the case'' each place
it appears and inserting ``Except as provided in section 297B(a)(3)(A),
in the case''.
(d) Effective Date.--The amendments made by this section shall take
effect on the effective date of the amendments made by section 781 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agency Appropriations Act, 2026 (7 U.S.C. 1639o note; Public
Law 119-37).
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