HEMP Act of 2020

II 116TH CONGRESS 2D SESSION S. 5017 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 DECEMBER 15, 2020 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 2020’’ or the ‘‘HEMP Act of 2020’’. 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 01:11 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5017.IS S5017 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 5017 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; SEED CERTIFI- 7 CATES 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 ‘‘(vii) a requirement that any person 24 transporting hemp from a producer to a 25 VerDate Sep 11 2014 01:11 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5017.IS S5017 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 5017 IS processor shall keep with the shipment of 1 hemp a seed certificate from a laboratory 2 demonstrating that the hemp was grown 3 from genetics containing a delta-9 4 tetrahydrocannabinol concentration of not 5 more than 1 percent on a dry weight basis; 6 and’’; and 7 (E) in clause (viii) (as so redesignated), by 8 striking ‘‘the practices and procedures described 9 in clauses (i) through (vi)’’ and inserting 10 ‘‘clauses (i) through (vii)’’. 11 (2) DEPARTMENT OF AGRICULTURE PLAN.— 12 Section 297C(a)(2) of the Agricultural Marketing 13 Act of 1946 (7 U.S.C. 1639q(a)(2)) is amended— 14 (A) in subparagraph (B)— 15 (i) by inserting ‘‘the measurement of 16 uncertainty of which is not greater than 17 0.075 percent,’’ after ‘‘methods,’’; and 18 (ii) by striking ‘‘hemp’’ and inserting 19 ‘‘products derived from hemp plants’’; 20 (B) in subparagraph (E), by striking 21 ‘‘and’’ at the end; 22 (C) in subparagraph (F), by striking the 23 period at the end and inserting ‘‘; and’’; and 24 (D) by adding at the end the following: 25 VerDate Sep 11 2014 01:11 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5017.IS S5017 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 5017 IS ‘‘(G) a requirement that any person trans- 1 porting hemp from a producer to a processor 2 shall keep with the shipment of hemp a seed 3 certificate from a laboratory demonstrating that 4 the hemp was grown from genetics containing a 5 delta-9 tetrahydrocannabinol concentration of 6 not more than 1 percent on a dry weight 7 basis.’’. 8 (c) CONFORMING REVISIONS TO REGULATIONS.— 9 Not later than 90 days after the date of enactment of this 10 Act, without regard to the notice and comment provisions 11 of section 553 of title 5, United States Code, the Secretary 12 of Agriculture shall revise part 990 of title 7, Code of Fed- 13 eral Regulations, to make any conforming changes that 14 are necessary as a result of this section and the amend- 15 ments made by this section. 16 Æ VerDate Sep 11 2014 01:11 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S5017.IS S5017 pamtmann on DSKBC07HB2PROD with BILLS