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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hemp Economic Mobi5 lization Plan Act of 2020’’ or the ‘‘HEMP Act of 2020’’. 

6 SEC. 2. HEMP PRODUCTION. 

7 (a) DEFINITION OF HEMP.— 

8 (1) IN GENERAL.—Section 297A(1) of the Agri9 cultural Marketing Act of 1946 (7 U.S.C. 1639o(1)) 


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1 is amended by striking ‘‘0.3 percent’’ and inserting 

2 ‘‘1 percent’’. 

3 (2) CONFORMING AMENDMENT.—Section 

4 297B(e)(2)(A)(iii) of the Agricultural Marketing Act 

5 of 1946 (7 U.S.C. 1639p(e)(2)(A)(iii)) is amended 

6 by striking ‘‘0.3 percent’’ and inserting ‘‘1 percent’’. 

7 (b) TESTING FOR DELTA-9 THC; SEED CERTIFI8 CATES DURING TRANSPORT.— 

9 (1) STATE AND TRIBAL PLANS.—Section 

10 297B(a)(2)(A) of the Agricultural Marketing Act of 

11 1946 (7 U.S.C. 1639p(a)(2)(A)) is amended— 

12 (A) in clause (ii)— 

13 (i) by inserting ‘‘the measurement of 

14 uncertainty of which is not greater than 

15 0.075 percent,’’ after ‘‘methods,’’; and 

16 (ii) by striking ‘‘hemp’’ and inserting 

17 ‘‘products derived from hemp plants’’; 

18 (B) in clause (vi), by striking ‘‘and’’ at the 

19 end; 

20 (C) by redesignating clause (vii) as clause 

21 (viii); 

22 (D) by inserting after clause (vi) the fol23 lowing: 

24 ‘‘(vii) a requirement that any person 

25 transporting hemp from a producer to a 


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1 processor shall keep with the shipment of 

2 hemp a seed certificate from a laboratory 

3 demonstrating that the hemp was grown 

4 from genetics containing a delta-9 

5 tetrahydrocannabinol concentration of not 

6 more than 1 percent on a dry weight basis; 

7 and’’; and 

8 (E) in clause (viii) (as so redesignated), by 

9 striking ‘‘the practices and procedures described 

10 in clauses (i) through (vi)’’ and inserting 

11 ‘‘clauses (i) through (vii)’’. 

12 (2) DEPARTMENT OF AGRICULTURE PLAN.— 

13 Section 297C(a)(2) of the Agricultural Marketing 

14 Act of 1946 (7 U.S.C. 1639q(a)(2)) is amended— 

15 (A) in subparagraph (B)— 

16 (i) by inserting ‘‘the measurement of 

17 uncertainty of which is not greater than 

18 0.075 percent,’’ after ‘‘methods,’’; and 

19 (ii) by striking ‘‘hemp’’ and inserting 

20 ‘‘products derived from hemp plants’’; 

21 (B) in subparagraph (E), by striking 

22 ‘‘and’’ at the end; 

23 (C) in subparagraph (F), by striking the 

24 period at the end and inserting ‘‘; and’’; and 

25 (D) by adding at the end the following: 


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1 ‘‘(G) a requirement that any person trans2 porting hemp from a producer to a processor 

3 shall keep with the shipment of hemp a seed 

4 certificate from a laboratory demonstrating that 

5 the hemp was grown from genetics containing a 

6 delta-9 tetrahydrocannabinol concentration of 

7 not more than 1 percent on a dry weight 

8 basis.’’. 

9 (c) CONFORMING REVISIONS TO REGULATIONS.— 

10 Not later than 90 days after the date of enactment of this 

11 Act, without regard to the notice and comment provisions 

12 of section 553 of title 5, United States Code, the Secretary 

13 of Agriculture shall revise part 990 of title 7, Code of Fed14 eral Regulations, to make any conforming changes that 

15 are necessary as a result of this section and the amend16 ments made by this section. 

Æ 


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