HEMP Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1005 To amend the Agricultural Marketing Act of 1946 to modify the definition of hemp, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 25, 2021 Mr. PAUL 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 modify the definition of hemp, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hemp Economic Mobi- 4 lization Plan Act of 2021’’ or the ‘‘HEMP Act of 2021’’. 5 SEC. 2. HEMP PRODUCTION. 6 (a) DEFINITION OF HEMP.— 7 (1) IN GENERAL.—Section 297A(1) of the Agri- 8 cultural Marketing Act of 1946 (7 U.S.C. 1639o(1)) 9 VerDate Sep 11 2014 23:54 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1005.IS S1005 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1005 IS is amended by striking ‘‘0.3 percent’’ and inserting 1 ‘‘1 percent’’. 2 (2) CONFORMING AMENDMENT.—Section 3 297B(e)(2)(A)(iii) of the Agricultural Marketing Act 4 of 1946 (7 U.S.C. 1639p(e)(2)(A)(iii)) is amended 5 by striking ‘‘0.3 percent’’ and inserting ‘‘1 percent’’. 6 (b) TESTING FOR DELTA-9 THC; DOCUMENTATION 7 DURING TRANSPORT.— 8 (1) STATE AND TRIBAL PLANS.—Section 9 297B(a)(2)(A) of the Agricultural Marketing Act of 10 1946 (7 U.S.C. 1639p(a)(2)(A)) is amended— 11 (A) in clause (ii)— 12 (i) by inserting ‘‘the measurement of 13 uncertainty of which is not greater than 14 0.075 percent,’’ after ‘‘methods,’’; and 15 (ii) by striking ‘‘hemp’’ and inserting 16 ‘‘products derived from hemp plants’’; 17 (B) in clause (vi), by striking ‘‘and’’ at the 18 end; 19 (C) by redesignating clause (vii) as clause 20 (viii); 21 (D) by inserting after clause (vi) the fol- 22 lowing: 23 VerDate Sep 11 2014 23:54 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1005.IS S1005 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1005 IS ‘‘(vii) a requirement that any person 1 transporting hemp shall keep with the 2 shipment of hemp— 3 ‘‘(I) a copy of a valid license or 4 other required authorization from the 5 State department of agriculture or 6 Tribal government, as applicable, or a 7 license from the Secretary, issued to 8 the producer, as is required to be sub- 9 mitted to the Secretary under clause 10 (vi), as applicable, and collected by 11 the Secretary under section 12 297C(d)(2)(C); or 13 ‘‘(II) a copy of a certificate from 14 a laboratory demonstrating that the 15 hemp contains a delta-9 16 tetrahydrocannabinol concentration of 17 not more than 1 percent on a dry 18 weight basis; and’’; and 19 (E) in clause (viii) (as so redesignated), by 20 striking ‘‘the practices and procedures described 21 in clauses (i) through (vi)’’ and inserting 22 ‘‘clauses (i) through (vii)’’. 23 VerDate Sep 11 2014 23:54 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1005.IS S1005 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1005 IS (2) DEPARTMENT OF AGRICULTURE PLAN.— 1 Section 297C(a)(2) of the Agricultural Marketing 2 Act of 1946 (7 U.S.C. 1639q(a)(2)) is amended— 3 (A) in subparagraph (B)— 4 (i) by inserting ‘‘the measurement of 5 uncertainty of which is not greater than 6 0.075 percent,’’ after ‘‘methods,’’; and 7 (ii) by striking ‘‘hemp’’ and inserting 8 ‘‘products derived from hemp plants’’; 9 (B) in subparagraph (E), by striking 10 ‘‘and’’ at the end; 11 (C) in subparagraph (F), by striking the 12 period at the end and inserting ‘‘; and’’; and 13 (D) by adding at the end the following: 14 ‘‘(G) a requirement that any person trans- 15 porting hemp shall keep with the shipment of 16 hemp— 17 ‘‘(i) a copy of a valid license or other 18 required authorization from a State de- 19 partment of agriculture or Tribal govern- 20 ment, as applicable, or a license from the 21 Secretary, issued to the producer, as is re- 22 quired to be submitted to the Secretary 23 under section 297B(a)(2)(A)(vi), as appli- 24 VerDate Sep 11 2014 23:54 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1005.IS S1005 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1005 IS cable, and collected by the Secretary under 1 subsection (d)(2)(C); or 2 ‘‘(ii) a copy of a certificate from a lab- 3 oratory demonstrating that the hemp con- 4 tains a delta-9 tetrahydrocannabinol con- 5 centration of not more than 1 percent on 6 a dry weight basis.’’. 7 (c) CONFORMING REVISIONS TO REGULATIONS.— 8 Not later than 90 days after the date of enactment of this 9 Act, without regard to the notice and comment provisions 10 of section 553 of title 5, United States Code, the Secretary 11 of Agriculture shall revise part 990 of title 7, Code of Fed- 12 eral Regulations, to make any conforming changes that 13 are necessary as a result of this section and the amend- 14 ments made by this section. 15 Æ VerDate Sep 11 2014 23:54 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1005.IS S1005 kjohnson on DSK79L0C42PROD with BILLS