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

Page 949 TITLE 7—AGRICULTURE § 1639p (Aug. 14, 1946, ch. 966, title II, § 296, as added Pub. L. 114–216, § 1, July 29, 2016, 130 Stat. 838.) SUBCHAPTER VII—HEMP PRODUCTION § 1639o. Definitions In this subchapter: (1) Hemp The term ‘‘hemp’’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. (2) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of title 25. (3) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (4) State The term ‘‘State’’ means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (5) State department of agriculture The term ‘‘State department of agriculture’’ means the agency, commission, or department of a State government responsible for agri- culture in the State. (6) Tribal government The term ‘‘Tribal government’’ means the governing body of an Indian tribe. (Aug. 14, 1946, ch. 966, title II, § 297A, as added Pub. L. 115–334, title X, § 10113, Dec. 20, 2018, 132 Stat. 4908.) Statutory Notes and Related Subsidiaries INTERSTATE COMMERCE Pub. L. 115–334, title X, § 10114, Dec. 20, 2018, 132 Stat. 4914, provided that: ‘‘(a) RULE OF CONSTRUCTION.—Nothing in this title [enacting this subchapter and sections 1627c and 6521a of this title, amending sections 136a, 1622b, 1632a, 1632b, 2204h, 2207b, 2276, 2401, 2402, 2541, 2568, 3003, 5925c, 6502, 6514, 6515, 6518, 6519, 6521–6523, and 7655a of this title and section 714i of Title 15, Commerce and Trade, repealing sections 3005 and 3006 of this title, enacting provisions set out as notes under sections 1627c, 1639o, 6503, and 6521a of this title, and amending provisions set out as a note under section 1621 of this title] or an amendment made by this title prohibits the interstate commerce of hemp (as defined in section 297A of the Agricultural Marketing Act of 1946 [7 U.S.C. 1639o] (as added by sec- tion 10113)) or hemp products. ‘‘(b) TRANSPORTATION OF HEMP AND HEMP PRODUCTS.— No State or Indian Tribe shall prohibit the transpor- tation or shipment of hemp or hemp products produced in accordance with subtitle G of the Agricultural Mar- keting Act of 1946 [7 U.S.C. 1639o et seq.] (as added by section 10113) through the State or the territory of the Indian Tribe, as applicable.’’ § 1639p. State and tribal plans (a) Submission (1) In general A State or Indian tribe desiring to have pri- mary regulatory authority over the produc- tion 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 para- graph (2). (2) Contents A State or Tribal plan referred to in para- graph (1)— (A) shall only be required to include— (i) a practice to maintain relevant infor- mation 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 en- forcement procedures under subsection (e); (v) a procedure for conducting annual in- spections 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 infor- mation described in section 1639q(d)(2) of this title, as applicable, to the Secretary not more than 30 days after the date on which the information is received; and (vii) a certification that the State or In- dian tribe has the resources and personnel to carry out the practices and procedures described in clauses (i) through (vi); and (B) may include any other practice or pro- cedure established by a State or Indian tribe, as applicable, to the extent that the practice or procedure is consistent with this subchapter. (3) Relation to State and tribal law (A) No preemption Nothing in this subsection preempts or limits any law of a State or Indian tribe that— (i) regulates the production of hemp; and (ii) is more stringent than this sub- chapter. (B) References in plans A State or Tribal plan referred to in para- graph (1) may include a reference to a law of Page 950 TITLE 7—AGRICULTURE § 1639p the State or Indian tribe regulating the pro- duction of hemp, to the extent that law is consistent with this subchapter. (b) Approval (1) In general Not later than 60 days after receipt of a State or Tribal plan under subsection (a), the Secretary shall— (A) approve the State or Tribal plan if the State or Tribal plan complies with sub- section (a); or (B) disapprove the State or Tribal plan only if the State or Tribal plan does not comply with subsection (a). (2) Amended plans If the Secretary disapproves a State or Trib- al plan under paragraph (1)(B), the State, 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, may submit to the Secretary an amended State or Tribal plan that complies with subsection (a). (3) Consultation The Secretary shall consult with the Attor- ney General in carrying out this subsection. (c) Audit of State compliance (1) In general The Secretary may conduct an audit of the compliance of a State or Indian tribe with a State or Tribal plan approved under sub- section (b). (2) Noncompliance If the Secretary determines under an audit conducted under paragraph (1) that a State or Indian tribe is not materially in compliance with a State or Tribal plan— (A) the Secretary shall collaborate with the State or Indian tribe to develop a correc- tive action plan in the case of a first in- stance of noncompliance; and (B) the Secretary may revoke approval of the State or Tribal plan in the case of a sec- ond or subsequent instance of noncompli- ance. (d) Technical assistance The Secretary may provide technical assist- ance to a State or Indian tribe in the develop- ment of a State or Tribal plan under subsection (a). (e) Violations (1) In general A violation of a State or Tribal plan ap- proved under subsection (b) shall be subject to enforcement solely in accordance with this subsection. (2) Negligent violation (A) In general A hemp producer in a State or the terri- tory of an Indian tribe for which a State or Tribal plan is approved under subsection (b) shall be subject to subparagraph (B) of this paragraph if the State department of agri- culture or Tribal government, as applicable, determines that the hemp producer has neg- ligently violated the State or Tribal plan, including by negligently— (i) failing to provide a legal description of land on which the producer produces hemp; (ii) failing to obtain a license or other required authorization from the State de- partment of agriculture or Tribal govern- ment, as applicable; or (iii) producing Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentra- tion of more than 0.3 percent on a dry weight basis. (B) Corrective action plan A hemp producer described in subpara- graph (A) shall comply with a plan estab- lished by the State department of agri- culture or Tribal government, as applicable, to correct the negligent violation, includ- ing— (i) a reasonable date by which the hemp producer shall correct the negligent viola- tion; and (ii) a requirement that the hemp pro- ducer shall periodically report to the State department of agriculture or Tribal gov- ernment, as applicable, on the compliance of the hemp producer with the State or Tribal plan for a period of not less than the next 2 calendar years. (C) Result of negligent violation A hemp producer that negligently violates a State or Tribal plan under subparagraph (A) shall not as a result of that violation be subject to any criminal enforcement action by the Federal Government or any State government, Tribal government, or local government. (D) Repeat violations A hemp producer that negligently violates a State or Tribal plan under subparagraph (A) 3 times in a 5-year period shall be ineli- gible to produce hemp for a period of 5 years beginning on the date of the third violation. (3) Other violations (A) In general If the State department of agriculture or Tribal government in a State or the terri- tory of an Indian tribe for which a State or Tribal plan is approved under subsection (b), as applicable, determines that a hemp pro- ducer in the State or territory has violated the State or Tribal plan with a culpable mental state greater than negligence— (i) the State department of agriculture or Tribal government, as applicable, shall immediately report the hemp producer to— (I) the Attorney General; and (II) the chief law enforcement officer of the State or Indian tribe, as applicable; and (ii) paragraph (1) of this subsection shall not apply to the violation. (B) Felony (i) In general Except as provided in clause (ii), any person convicted of a felony relating to a 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 in accordance with para- graph (2). (2) Content A plan established by the Secretary under paragraph (1) shall include— (A) a practice to maintain relevant infor- mation regarding land on which hemp is pro- duced 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 con- centration 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 sub- chapter; and (ii) products derived from those plants; (D) a procedure to comply with the en- forcement procedures under subsection (c)(2); (E) a procedure for conducting annual in- spections of, at a minimum, a random sam- ple 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, it shall be un- lawful 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 sub- section (a) shall be subject to enforcement in accordance with paragraphs (2) and (3) of sec- tion 1639p(e) of this title, except that the Sec- retary shall carry out that enforcement in- stead 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 en- forcement. (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 In- dian tribe for which— (i) a State or Tribal plan is approved under section 1639p(b) of this title; 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 de- scribed in subparagraph (A); and (C) for each hemp producer described in subparagraph (A)— (i) the status of— (I) a license or other required author- ization from the State department of ag-