This memorandum, by legislative attorneys, provides a general description of the key provisions in the Act, which authorized a state “industrial hemp” program to be administered by the Department of Agriculture, Trade, and Consumer Protection (DATCP).
The Act requires DATCP to promulgate rules establishing a state industrial hemp program. It defines “industrial hemp” as the plant Cannabis sativa, or any part of the plant including seeds, having a delta-9-tetrahydrocannabinol (THC) concentration of 0.3% or less, although this allowable percentage may be raised up to a maximum concentration of 1% THC if in the future federal law allows a higher percentage.
The Act requires DATCP to issue licenses that authorize the planting, growing, cultivating, harvesting, sampling, testing, processing, transporting, transferring, taking possession, selling, importing, and exporting of industrial hemp. Such licenses do not expire unless the pilot program expires or the license is revoked. As a part of its role in administering the pilot program, DATCP must do the following:
- Identify the requirements for applying for a license, approving or denying a license, and suspending or revoking a license.
- Identify the restrictions and obligations that apply to operating under a license.
- Require a license applicant to provide the global positioning system coordinates of the centers of all fields on which the industrial hemp will be planted, grown, cultivated, or harvested.
- Obtain a criminal history search from the records maintained by DOJ for each applicant.
- Decline to issue a license to an applicant that has ever been convicted of a criminal violation of the federal Controlled Substances Act or the state Uniform Controlled Substances Act, or any controlled substances law of another state.
CONTENTS
Definition of “Industrial Hemp”
State Industrial Hemp Program
Industrial Hemp Pilot Program
- Pilot program licenses
- Pilot program registration system
- Industrial hemp transfers
Vehicle Weight Limits
Penalties
Administrative Rules