,,ii ,calendar ,no4 #chj #aaeth ,,congress #b;d ,session ,s4 #bffg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ab1 #bjah,mr4 ,mc,connell 7for himself1 ,mr4 ,wyden1 ,mr4 ,merkley1 and ,mr4 ,paul7 introduced the following bill2 which was read the first time ,april #af1 #bjah,read the second time and placed on the calendar ,a ,,bill ,to amend the ,agricultural ,marketing ,act of #aidf to provide for ,state and ,tribal regulation of hemp production1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hemp ,farming ,act of #bjah4 #b4 ,hemp production ,the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afba et seq47 is amended by adding at the end the following3 ,g ,hemp ,production #big;,a4 ,definitions ,in this subtitle3 7#a7 ,hemp ,the term hemp means the plant ,cannabis sativa ,l4 and any part of that plant1 including the seeds thereof and all derivatives1 extracts1 cannabinoids1 isomers1 acids1 salts1 and salts of isomers1 whether growing or not1 with a delta-#i tetrahydrocannabinol concentration of not more than #j4c percent on a dry weight basis4 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#d7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#e7 ,state department of agriculture ,the term ,state department of agriculture means the agency1 commission1 or department of a ,state government responsible for agriculture in the ,state4 7#f7 ,tribal government ,the term ,tribal government means the governing body of an ,indian tribe4 #big;,b4 ,state and ,tribal plans 7a7 ,submission 7#a7 ,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 ,secretary1 through the ,state department of agriculture 7in consultation with the ,governor and chief law enforcement officer of the ,state7 or the ,tribal government1 as applicable1 a plan under which the ,state or ,indian tribe monitors and regulates that production as described in paragraph 7#b74 7#b7 ,contents ,a ,state or ,tribal plan referred to in paragraph 7#a7-- 7,a7 shall only be required to include-- 7i7 a practice to maintain relevant information regarding land on which hemp is produced in the ,state or territory of the ,indian tribe1 including a legal description of the land1 for a period of not less than #c calendar years2 7ii7 a procedure for testing1 using post-decarboxylation or other similarly reliable methods1 delta-#i tetrahydrocannabinol concentration levels of hemp produced in the ,state or territory of the ,indian tribe2 7iii7 a procedure for the effective disposal of products that are produced in violation of this subtitle2 and 7iv7 a procedure to comply with the enforcement procedures under subsection 7d72 and 7,b7 may include any other practice or procedure established by a ,state or ,indian tribe1 as applicable1 to the extent that the practice or procedure is consistent with this subtitle4 7#c7 ,relation to ,state and ,tribal law 7,a7 ,no preemption ,nothing in this subsection preempts or limits any law of a ,state or ,indian tribe regulating the production of hemp1 to the extent that law is consistent with this subtitle4 7,b7 ,references in plans ,a ,state or ,tribal plan referred to in paragraph 7#a7 may include a reference to a law of the ,state or ,indian tribe regulating the production of hemp1 to the extent that law is consistent with this subtitle4 7b7 ,approval 7#a7 ,in general ,not later than #fj days after receipt of a ,state or ,tribal plan under subsection 7a71 the ,secretary shall-- 7,a7 approve the ,state or ,tribal plan if the ,state or ,tribal plan complies with subsection 7a72 or 7,b7 disapprove the ,state or ,tribal plan only if the ,state or ,tribal plan does not comply with subsection 7a74 7#b7 ,amended plans ,if the ,secretary disapproves a ,state or ,tribal plan under paragraph 7#a77;,b71 the ,state1 through the ,state department of agriculture 7in consultation with the ,governor and chief law enforcement officer of the ,state7 or the ,tribal government1 as applicable1 may submit to the ,secretary an amended ,state or ,tribal plan that complies with subsection 7a74 7c7 ,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 7a74 7d7 ,violations 7#a7 ,in general ,a violation of a ,state or ,tribal plan approved under subsection 7b7 shall be subject to enforcement solely in accordance with this subsection4 7#b7 ,negligent violations 7,a7 ,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 7b7 shall be subject to subparagraph 7,b7 of this paragraph if the ,state department of agriculture or ,tribal government1 as applicable1 determines that the hemp producer has negligently violated the ,state or ,tribal plan1 including by negligently-- 7i7 failing to provide a legal description of land on which the producer produces hemp2 7ii7 failing to obtain a license or other required authorization from the ,state department of agriculture or ,tribal government1 as applicable2 or 7iii7 producing ,cannabis sativa ,l4 with a delta-#i tetrahydrocannabinol concentration of more than #j4c percent on a dry weight basis4 7,b7 ,corrective action plan ,a hemp producer described in subparagraph 7,a7 shall comply with a plan established by the ,state department of agriculture or ,tribal government1 as applicable1 to correct the negligent violation1 including-- 7i7 a reasonable date by which the hemp producer shall correct the negligent violation2 and 7ii7 a requirement that the hemp producer shall periodically report to the ,state department of agriculture or ,tribal government1 as applicable1 on the compliance of the hemp producer with the ,state or ,tribal plan for a period of not less than the next #b calendar years4 7,c7 ,result of negligent violation ,except as provided in subparagraph 7,d71 a hemp producer that negligently violates a ,state or ,tribal plan under subparagraph 7,a7 shall not be subject to any criminal or civil enforcement action by the ,federal ,government or any ,state government1 ,tribal government1 or local government other than the enforcement action authorized under subparagraph 7,b74 7,d7 ,repeat violations ,a hemp producer that negligently violates a ,state or ,tribal plan under subparagraph 7,a7 #c times in a #e-year period shall be ineligible to produce hemp for a period of #e years beginning on the date of the third violation4 7#c7 ,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 7b71 as applicable1 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-- 7,a7 the ,state department of agriculture or ,tribal government1 as applicable1 shall immediately report the hemp producer to-- 7i7 the ,attorney ,general2 and 7ii7 in the case of a ,state department of agriculture1 the chief law enforcement officer of the ,state2 and 7,b7 paragraph 7#a7 of this subsection shall not apply to the violation4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 7f7 ,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 7including regulations74 #big;,c4 ,authority to issue regulations and guidelines ,the ,secretary shall have sole authority to issue ,federal regulations and guidelines that relate to the production of hemp1 including ,federal regulations and guidelines that relate to the implementation of section #big;,b4 4 #c4 ,funding for hemp research 7a7 ,supplemental and alternative crops ,section #adgc;,d7c77#c77;,e7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccai;d7c77#c77;,e77 is amended by inserting 7including hemp 7as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf77 after material4 7b7 ,critical agricultural materials ,section #e7;b77#i7 of the ,critical ,agricultural ,materials ,act 7#g ,u4,s4,c4 #agh;c7b77#i77 is amended by inserting 1 and including hemp 7as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf7 after hydrocarbon-containing plants4 #d4 ,legitimacy of industrial hemp research 7a7 ,in general ,section #gfjf of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #eidj7 is amended-- 7#a7 by redesignating subsections 7a7 and 7b7 as subsections 7b7 and 7a71 respectively1 and moving the subsections so as to appear in alphabetical order2 7#b7 in subsection 7b7 7as so redesignated71 in the subsection heading1 by striking ,in general and inserting ,industrial hemp research2 and 7#c7 by adding at the end the following3 7c7 ,study and report 7#a7 ,in general ,the ,secretary shall conduct a study of agricultural pilot programs-- 7,a7 to determine the economic viability of the domestic production and sale of industrial hemp2 and 7,b7 that shall include a review of-- 7i7 each agricultural pilot program2 and 7ii7 any other agricultural or academic research relating to industrial hemp4 7#b7 ,report ,not later than #abj days after the date of enactment of this subsection1 the ,secretary shall submit to ,congress a report describing the results of the study conducted under paragraph 7#a74 4 7b7 ,repeal ,effective on the date that is #a year after the date of enactment of this ,act1 section #gfjf of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #eidj7 is repealed4 #e4 ,federal crop insurance 7a7 ,definition of hemp ,section #ejb7;b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejb7;b77 is amended-- 7#a7 by redesignating paragraphs 7#h7 through 7#aa7 as paragraphs 7#i7 through 7#ab71 respectively2 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 ,hemp ,the term hemp has the meaning given the term in section #big;,a of the ,agricultural ,marketing ,act of #aidf4 4 7b7 ,insurance period ,section #ejh7;a77#b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;a77#b77 is amended by striking and sweet potatoes and inserting sweet potatoes1 and hemp4 7c7 ,submission of policies and materials to board ,section #ejh7;h7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;h77 is amended-- 7#a7 in paragraph 7#a77;,b7-- 7,a7 by redesignating clauses 7i7 through 7iii7 as subclauses 7,i7 through 7,,iii71 respectively1 and indenting appropriately2 7,b7 in the matter preceding subclause 7,i7 7as so redesignated71 by striking ,the ,corporation shall and inserting the following3 7i7 ,in general ,the ,corporation shall 2 7,c7 in clause 7i77,i7 7as so redesignated71 by inserting subject to clause 7ii71 before will likely2 and 7,d7 by adding at the end the following3 7ii7 ,waiver for hemp ,the ,corporation may waive the viability and marketability requirement under clause 7i77,i7 in the case of a policy or pilot program relating to the production of hemp4 2 and 7#b7 in paragraph 7#c77;,c7-- 7,a7 in clause 7ii71 by striking and at the end2 7,b7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7iv7 in the case of reviewing policies and other materials relating to the production of hemp1 may waive the viability and marketability requirement under subparagraph 7,a77ii77,i74 4 7d7 ,agricultural commodity ,section #eah of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeah7 is amended by inserting hemp1 before aquacultural species4 7e7 ,research and development authority ,section #ebb7;b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebb7;b77 is amended-- 7#a7 in paragraph 7#b71 by adding at the end the following3 7,k7 ,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 hemp4 2 and 7#b7 in paragraph 7#c7-- 7,a7 by striking ,the ,corporation and inserting the following3 7,a7 ,in general ,subject to subparagraph 7,b71 the ,corporation 2 and 7,b7 by adding at the end the following3 7,b7 ,waiver for hemp ,the ,corporation may waive the marketability requirement under subparagraph 7,a7 in the case of research and development relating to a policy to insure the production of hemp4 4 #f4 ,conforming changes to ,controlled ,substances ,act 7a7 ,in general ,section #ajb7af7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7af77 is amended-- 7#a7 by striking 7#af7 ,the and inserting 7#af77;,a7 ,subject to subparagraph 7,b71 the2 and 7#b7 by striking ,such term does not include the and inserting the following3 7,b7 ,the term marihuana does not include-- 7i7 hemp1 as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf2 or 7ii7 the 4 7b7 ,tetrahydrocannabinol ,schedule ,i1 as set forth in section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7;c771 is amended in subsection 7c77#ag7 by inserting after ,tetrahydrocannabinols the following3 1 except for tetrahydrocannabinols in hemp 7as defined under section #big;,a of the ,agricultural ,marketing ,act of #aidf74 #g4 ,rule of construction ,nothing in this ,act authorizes interference with the interstate commerce of hemp 7as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf1 as added by section #b74 ,april #af1 #bjah,read the second time and placed on the calendar