Industrial Hemp Farming Act of 2017
This bill limits the regulation of industrial hemp and research hemp under the Controlled Substances Act (CSA).
Specifically, the bill excludes industrial hemp and research hemp from the definition of marijuana under the CSA.
The Drug Enforcement Administration may conduct administrative inspections of places where industrial hemp or research hemp is produced, stored, distributed, or used.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3530 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3530
To amend the Controlled Substances Act to exclude industrial hemp from
the definition of marihuana, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2017
Mr. Comer (for himself, Mr. Goodlatte, Mr. Polis, Mr. Massie, Mr.
Griffith, Mr. Young of Alaska, Mr. Cramer, Mr. Blumenauer, Mr.
Peterson, Mr. Cohen, Ms. Bonamici, Ms. Gabbard, Mr. DeFazio, Mr.
Schrader, Mr. Perlmutter, and Mr. Barr) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on 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
concerned
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act to exclude industrial hemp from
the definition of marihuana, 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 ``Industrial Hemp Farming Act of
2017''.
SEC. 2. FINDING.
The Congress finds that industrial hemp is a non-narcotic
agricultural commodity that is used in tens of thousands of legal and
legitimate products.
SEC. 3. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINITION OF MARIHUANA.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended--
(1) in paragraph (16)--
(A) by striking ``(16) The'' and inserting
``(16)(A) The''; and
(B) by adding at the end the following:
``(B) The term `marihuana' does not include industrial hemp
or research hemp.''; and
(2) by adding at the end the following:
``(57) The term `industrial hemp' means the plant Cannabis
sativa L. and any part or derivative of such plant (including
viable seeds), whether growing or not--
``(A) no part of which has a delta-9
tetrahydrocannabinol concentration of more than 0.3
percent on a dry weight basis;
``(B) the production, storage, distribution, or use
of which is lawful under the law of the State or of the
tribe having jurisdiction over the area of Indian
country (as defined in section 1151 of title 18, United
States Code) such conduct occurs; and
``(C) with regard to the production, storage,
distribution, or use of which the State in which such
conduct occurs or the tribe having jurisdiction over
the area of Indian country (as defined in section 1151
of title 18, United States Code) in which such conduct
occurs submits to the Attorney General, upon the
Attorney General's request--
``(i) the name of the person;
``(ii) the period of time for which such
conduct is authorized; and
``(iii) information pertaining to each
location, including the specific latitude and
longitude, where the conduct is authorized to
occur.
The term does not include any such plant, or part or
derivative thereof, that has been altered so as to
increase the delta-9 tetrahydrocannabinol concentration
above the limits specified in subparagraph (A).
``(58) The term `research hemp' means the plant Cannabis
sativa L. and any part or derivative of such plant (including
viable seeds), whether growing or not, that would be industrial
hemp except that such, plant, part, or derivative has a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent on
a dry weight basis but less than 0.6 percent on a dry weight
basis, and that--
``(A) is used in scientific, medical or industrial
research conducted by an institution of higher
education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) or a State
department of agriculture; and
``(B) may not be introduced into commerce.''.
SEC. 4. ADMINISTRATIVE INSPECTIONS.
Section 510 of the Controlled Substances Act (21 U.S.C. 880) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by inserting after paragraph (2) the following:
``(3) places where industrial hemp or research hemp is
produced, stored, distributed, or used.''.
(2) in subsection (d), by adding at the end the following:
``(5) Any land on which industrial hemp or research hemp is
produced, stored, distributed, or used shall be subject to
inspection, in accordance with the provisions of this section,
for compliance with the provisions of this Act.''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, may be
construed--
(1) to alter the provisions of the Federal Food, Drug, and
Cosmetic Act that pertain to an unapproved, adulterated, or
misbranded drug or food; or
(2) to require a retailer or end user of a finished product
that contains industrial hemp to comply with the reporting
requirement under section 102(57)(C) of the Controlled
Substances Act.
SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on 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 concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on 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 concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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