The Hemp Freedom Act defines industrial hemp as a distinct agricultural crop and removes barriers to its production within the state.
THE PEOPLE OF THE STATE OF (STATE) DO ENACT AS FOLLOWS:
This Act shall be known and may be cited as the “Hemp Freedom Act.”
(STATE) Code Annotated, Section (NUMBER), is amended by adding the following language as a new subsection:
(SECTION) Nothing in this section shall be construed to categorize industrial hemp, as defined in § (NUMBER), as a controlled substance; provided, however, that industrial hemp shall be categorized as a controlled substance in circumstances where such classification is required by § (NUMBER)
(STATE) Code Annotated, Section (NUMBER), is further amended by adding the following language as a new, appropriately designated subdivision:
( ) “Industrial hemp” means the plants and plant parts of the genera cannabis that do not contain a delta-9 tetrahydrocannabinol (THC) concentration more than three tenths of one percent (0.3%) on a dry mass basis, grown from seed certified by a certifying agency, as defined by § (NUMBER);
(STATE) Code Annotated, Section (NUMBER), is amended by adding the following as new subsections:
( ) The department of agriculture shall oversee and annually license any grower who wishes to produce industrial hemp. The department shall develop rules and regulations concerning industrial hemp production within one hundred and twenty (120) days of this act becoming law, including rules and regulations establishing reasonable fees for licenses, permits or other necessary expenses to defray the cost of implementing and operating the industrial hemp program in this state on an ongoing basis. All revenue collected pursuant to rules and regulations promulgated for the industrial hemp program shall be used exclusively for the administration and regulation of industrial hemp.
( ) Any person who cultivates an industrial hemp crop of any size shall obtain a license from the department of agriculture. In order to obtain an industrial hemp license, the grower shall agree that the department has the right to inspect the hemp crop for compliance.
(STATE) Code Annotated, Section (NUMBER), is amended by deleting all of the existing language in the section and by substituting instead the following language:
( ) Nothing in this chapter shall be construed to authorize the development of or research relative to any strain or variety of cannabis other than industrial hemp, as defined by § (NUMBER).
(STATE) Code Annotated, Section (NUMBER), is amended by adding the following immediately preceding the conclusion of the existing language in the definition of “marijuana” contained in (SECTION) (NUMBER):
"Marijuana" does not include industrial hemp, as defined in § 43-26-102
The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
For purposes of promulgating rules and regulations, this act shall take effect upon becoming a law, the public welfare requiring it, and shall take effect on (DATE), for all other purposes.