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7 U.S.C. § 1639q — Department of Agriculture

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1639q — Department of Agriculture

**(a) Department of Agriculture plan** (1) **In general** — In the case of a State or Indian tribe for which a State or Tribal plan is not approved under [section 1639p of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1639p&num=0&edition=prelim), the production of hemp in that State or the territory of that Indian tribe shall be subject to a plan established by the Secretary to monitor and regulate that production in accordance with paragraph (2). (2) **Content** — A plan established by the Secretary under paragraph (1) shall include— (A) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years; (B) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe; (C) a procedure for the effective disposal of— (i) plants, whether growing or not, that are produced in violation of this subchapter; and (ii) products derived from those plants; (D) a procedure to comply with the enforcement procedures under subsection (c)(2); (E) a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subchapter; and (F) such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subchapter. **(b) Licensing** The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection

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Stable record: federal_law:legal_authorities:record_usc_4b525e42e8e314bd04ccd5f2
Source file: Laws/federal/codes/united-states-code/title-7/section-1639q-department-of-agriculture--9e31c93419.md
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Passage SHA-256: 6ede71d404fd593cd7f4e0c7e2480358c1e9708b6444ae674fe4ce25ea0cd4d9

Source location: Title 7, Chapter 38, § 1639q; chapter-038-distribution-and-marketing-of-agricultural-products.md

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**(a) Department of Agriculture plan** (1) **In general** — In the case of a State or Indian tribe for which a State or Tribal plan is not approved under [section 1639p of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1639p&num=0&edition=prelim), the production of hemp in that State or the territory of that Indian tribe shall be subject to a plan established by the Secretary to monitor and regulate that production in accordance with paragraph (2). (2) **Content** — A plan established by the Secretary under paragraph (1) shall include— (A) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years; (B) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe; (C) a procedure for the effective disposal of— (i) plants, whether growing or not, that are produced in violation of this subchapter; and (ii) products derived from those plants; (D) a procedure to comply with the enforcement procedures under subsection (c)(2); (E) a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subchapter; and (F) such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subchapter. **(b) Licensing** The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection (a). **(c) Violations** (1) **In general** — In the case of a State or Indian tribe for which a State or Tribal plan is not approved under [section 1639p of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1639p&num=0&edition=prelim), it shall be unlawful to produce hemp in that State or the territory of that Indian tribe without a license issued by the Secretary under subsection (b). (2) **Negligent and other violations** — A violation of a plan established under subsection (a) shall be subject to enforcement in accordance with paragraphs (2) and (3) of [section 1639p(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1639p/e&num=0&edition=prelim), except that the Secretary shall carry out that enforcement instead of a State department of agriculture or Tribal government. (3) **Reporting to Attorney General** — In the case of a State or Indian tribe covered by paragraph (1), the Secretary shall report the production of hemp without a license issued by the Secretary under subsection (b) to the Attorney General. **(d) Information sharing for law enforcement** (1) **In general** — The Secretary shall— (A) collect the information described in paragraph (2); and (B) make the information collected under subparagraph (A) accessible in real time to Federal, State, territorial, and local law enforcement. (2) **Content** — The information collected by the Secretary under paragraph (1) shall include— (A) contact information for each hemp producer in a State or the territory of an Indian tribe for which— (i) a State or Tribal plan is approved under [section 1639p(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1639p/b&num=0&edition=prelim); or (ii) a plan is established by the Secretary under this section; (B) a legal description of the land on which hemp is grown by each hemp producer described in subparagraph (A); and (C) for each hemp producer described in subparagraph (A)— (i) the status of— (I) a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or (II) a license from the Secretary; and (ii) any changes to the status.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1639p — State and tribal plans

**(a) Submission** (1) **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 Secretary, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, a plan under which the State or Indian tribe monitors and regulates that production as described in paragraph (2). (2) **Contents** — A State or Tribal plan referred to in paragraph (1)— (A) shall only be required to include— (i) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years; (ii) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe; (iii) a procedure for the effective disposal of— (I) plants, whether growing or not, that are produced in violation of this subchapter; and (II) products derived from those plants; (iv) a procedure to comply with the enforcement procedures under subsection (e); (v) a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subchapter; (vi) a procedure for submitting the information described in [section 1639q(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1639q/d/2&num=0&edition=prelim), as applicable, to the Secretary not more than 30 days after the date

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1639q — Department of Agriculture

Page 951 TITLE 7—AGRICULTURE § 1639q controlled substance under State or Fed- eral law before, on, or after December 20, 2018, shall be ineligible, during the 10-year period following the date of the convic- tion— (I) to participate in the program estab- lished under this section or section 1639q of this title; and (II) to produce hemp under any regula- tions or guidelines issued under section 1639r(a) of this title. (ii) Exception Clause (i) shall not apply to any person growing hemp lawfully with a license, reg- istration, or authorization under a pilot program authorized by section 5940 of this title before December 20, 2018. (C) False statement Any person who materially falsifies any information contained in an application to participate in the program established under this section shall be ineligible to participate in that program. (f) Effect Nothing in this section prohibits the produc- tion of hemp in a State or the territory of an In- dian tribe— (1) for which a State or Tribal plan is not ap- proved under this section, if the production of hemp is in accordance with section 1639q of this title or other Federal laws (including reg- ulations); and (2) if the production of hemp is not other- wise prohibited by the State or Indian tribe. (Aug. 14, 1946, ch. 966, title II, § 297B, as added Pub. L. 115–334, title X, § 10113, Dec. 20, 2018, 132 Stat. 4909.) § 1639q. Department of Agriculture (a) Department of Agriculture plan (1) In general In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 1639p of this title, the produc- tion of hemp in that State or the territory of that Indian tribe shall be subject to a plan es- tablished by the Secretary to monitor and reg- ulate that production

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1639q

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