II 

Calendar No. 380 

115TH CONGRESS 

2D SESSION S. 2667 

To amend the Agricultural Marketing Act of 1946 to provide for State 

and Tribal regulation of hemp production, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 12, 2018 

Mr. MCCONNELL (for himself, Mr. WYDEN, Mr. MERKLEY, and Mr. PAUL) 

introduced the following bill; which was read the first time 

APRIL 16, 2018 

Read the second time and placed on the calendar 

A BILL 

To amend the Agricultural Marketing Act of 1946 to provide 

for State and Tribal regulation of hemp production, 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 Farming Act 

5 of 2018’’. 


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1 SEC. 2. HEMP PRODUCTION. 

2 The Agricultural Marketing Act of 1946 (7 U.S.C. 

3 1621 et seq.) is amended by adding at the end the fol4 lowing: 

5 ‘‘Subtitle G—Hemp Production 

6 ‘‘SEC. 297A. DEFINITIONS. 

7 ‘‘In this subtitle: 

8 ‘‘(1) HEMP.—The term ‘hemp’ means the plant 

9 Cannabis sativa L. and any part of that plant, in10 cluding the seeds thereof and all derivatives, ex11 tracts, cannabinoids, isomers, acids, salts, and salts 

12 of isomers, whether growing or not, with a delta-9 

13 tetrahydrocannabinol concentration of not more than 

14 0.3 percent on a dry weight basis. 

15 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

16 has the meaning given the term in section 4 of the 

17 Indian Self-Determination and Education Assistance 

18 Act (25 U.S.C. 5304). 

19 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

20 the Secretary of Agriculture. 

21 ‘‘(4) STATE.—The term ‘State’ means— 

22 ‘‘(A) a State; 

23 ‘‘(B) the District of Columbia; 

24 ‘‘(C) the Commonwealth of Puerto Rico; 

25 and 


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1 ‘‘(D) any other territory or possession of 

2 the United States. 

3 ‘‘(5) STATE DEPARTMENT OF AGRICULTURE.— 

4 The term ‘State department of agriculture’ means 

5 the agency, commission, or department of a State 

6 government responsible for agriculture in the State. 

7 ‘‘(6) TRIBAL GOVERNMENT.—The term ‘Tribal 

8 government’ means the governing body of an Indian 

9 tribe. 

10 ‘‘SEC. 297B. STATE AND TRIBAL PLANS. 

11 ‘‘(a) SUBMISSION.— 

12 ‘‘(1) IN GENERAL.—A State or Indian tribe de13 siring to have primary regulatory authority over the 

14 production of hemp in the State or territory of the 

15 Indian tribe shall submit to the Secretary, through 

16 the State department of agriculture (in consultation 

17 with the Governor and chief law enforcement officer 

18 of the State) or the Tribal government, as applica19 ble, a plan under which the State or Indian tribe 

20 monitors and regulates that production as described 

21 in paragraph (2). 

22 ‘‘(2) CONTENTS.—A State or Tribal plan re23 ferred to in paragraph (1)— 

24 ‘‘(A) shall only be required to include— 


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1 ‘‘(i) a practice to maintain relevant in2 formation regarding land on which hemp is 

3 produced in the State or territory of the 

4 Indian tribe, including a legal description 

5 of the land, for a period of not less than 

6 3 calendar years; 

7 ‘‘(ii) a procedure for testing, using 

8 post-decarboxylation or other similarly reli9 able methods, delta-9 tetrahydrocannabinol 

10 concentration levels of hemp produced in 

11 the State or territory of the Indian tribe; 

12 ‘‘(iii) a procedure for the effective dis13 posal of products that are produced in vio14 lation of this subtitle; and 

15 ‘‘(iv) a procedure to comply with the 

16 enforcement procedures under subsection 

17 (d); and 

18 ‘‘(B) may include any other practice or 

19 procedure established by a State or Indian 

20 tribe, as applicable, to the extent that the prac21 tice or procedure is consistent with this subtitle. 

22 ‘‘(3) RELATION TO STATE AND TRIBAL LAW.— 

23 ‘‘(A) NO PREEMPTION.—Nothing in this 

24 subsection preempts or limits any law of a 

25 State or Indian tribe regulating the production 


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1 of hemp, to the extent that law is consistent 

2 with this subtitle. 

3 ‘‘(B) REFERENCES IN PLANS.—A State or 

4 Tribal plan referred to in paragraph (1) may 

5 include a reference to a law of the State or In6 dian tribe regulating the production of hemp, to 

7 the extent that law is consistent with this sub8 title. 

9 ‘‘(b) APPROVAL.— 

10 ‘‘(1) IN GENERAL.—Not later than 60 days 

11 after receipt of a State or Tribal plan under sub12 section (a), the Secretary shall— 

13 ‘‘(A) approve the State or Tribal plan if 

14 the State or Tribal plan complies with sub15 section (a); or 

16 ‘‘(B) disapprove the State or Tribal plan 

17 only if the State or Tribal plan does not comply 

18 with subsection (a). 

19 ‘‘(2) AMENDED PLANS.—If the Secretary dis20 approves a State or Tribal plan under paragraph 

21 (1)(B), the State, through the State department of 

22 agriculture (in consultation with the Governor and 

23 chief law enforcement officer of the State) or the 

24 Tribal government, as applicable, may submit to the 


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1 Secretary an amended State or Tribal plan that 

2 complies with subsection (a). 

3 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary may 

4 provide technical assistance to a State or Indian tribe in 

5 the development of a State or Tribal plan under subsection 

6 (a). 

7 ‘‘(d) VIOLATIONS.— 

8 ‘‘(1) IN GENERAL.—A violation of a State or 

9 Tribal plan approved under subsection (b) shall be 

10 subject to enforcement solely in accordance with this 

11 subsection. 

12 ‘‘(2) NEGLIGENT VIOLATIONS.— 

13 ‘‘(A) IN GENERAL.—A hemp producer in a 

14 State or the territory of an Indian tribe for 

15 which a State or Tribal plan is approved under 

16 subsection (b) shall be subject to subparagraph 

17 (B) of this paragraph if the State department 

18 of agriculture or Tribal government, as applica19 ble, determines that the hemp producer has 

20 negligently violated the State or Tribal plan, in21 cluding by negligently— 

22 ‘‘(i) failing to provide a legal descrip23 tion of land on which the producer pro24 duces hemp; 


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1 ‘‘(ii) failing to obtain a license or 

2 other required authorization from the 

3 State department of agriculture or Tribal 

4 government, as applicable; or 

5 ‘‘(iii) producing Cannabis sativa L. 

6 with a delta-9 tetrahydrocannabinol con7 centration of more than 0.3 percent on a 

8 dry weight basis. 

9 ‘‘(B) CORRECTIVE ACTION PLAN.—A hemp 

10 producer described in subparagraph (A) shall 

11 comply with a plan established by the State de12 partment of agriculture or Tribal government, 

13 as applicable, to correct the negligent violation, 

14 including— 

15 ‘‘(i) a reasonable date by which the 

16 hemp producer shall correct the negligent 

17 violation; and 

18 ‘‘(ii) a requirement that the hemp 

19 producer shall periodically report to the 

20 State department of agriculture or Tribal 

21 government, as applicable, on the compli22 ance of the hemp producer with the State 

23 or Tribal plan for a period of not less than 

24 the next 2 calendar years. 


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1 ‘‘(C) RESULT OF NEGLIGENT VIOLA2 TION.—Except as provided in subparagraph 

3 (D), a hemp producer that negligently violates 

4 a State or Tribal plan under subparagraph (A) 

5 shall not be subject to any criminal or civil en6 forcement action by the Federal Government or 

7 any State government, Tribal government, or 

8 local government other than the enforcement 

9 action authorized under subparagraph (B). 

10 ‘‘(D) REPEAT VIOLATIONS.—A hemp pro11 ducer that negligently violates a State or Tribal 

12 plan under subparagraph (A) 3 times in a 5- 

13 year period shall be ineligible to produce hemp 

14 for a period of 5 years beginning on the date 

15 of the third violation. 

16 ‘‘(3) OTHER VIOLATIONS.—If the State depart17 ment of agriculture or Tribal government in a State 

18 or the territory of an Indian tribe for which a State 

19 or Tribal plan is approved under subsection (b), as 

20 applicable, determines that a hemp producer in the 

21 State or territory has violated the State or Tribal 

22 plan with a culpable mental state greater than neg23 ligence— 


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1 ‘‘(A) the State department of agriculture 

2 or Tribal government, as applicable, shall im3 mediately report the hemp producer to— 

4 ‘‘(i) the Attorney General; and 

5 ‘‘(ii) in the case of a State department 

6 of agriculture, the chief law enforcement 

7 officer of the State; and 

8 ‘‘(B) paragraph (1) of this subsection shall 

9 not apply to the violation. 

10 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as are nec12 essary to carry out this section. 

13 ‘‘(f) EFFECT.—Nothing in this section prohibits the 

14 production of hemp in a State or the territory of an Indian 

15 tribe for which a State or Tribal plan is not approved 

16 under this section in accordance with other Federal laws 

17 (including regulations). 

18 ‘‘SEC. 297C. AUTHORITY TO ISSUE REGULATIONS AND 

19 GUIDELINES. 

20 ‘‘The Secretary shall have sole authority to issue Fed21 eral regulations and guidelines that relate to the produc22 tion of hemp, including Federal regulations and guidelines 

23 that relate to the implementation of section 297B.’’. 


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1 SEC. 3. FUNDING FOR HEMP RESEARCH. 

2 (a) SUPPLEMENTAL AND ALTERNATIVE CROPS.— 

3 Section 1473D(c)(3)(E) of the National Agricultural Re4 search, Extension, and Teaching Policy Act of 1977 (7 

5 U.S.C. 3319d(c)(3)(E)) is amended by inserting ‘‘(includ6 ing hemp (as defined in section 297A of the Agricultural 

7 Marketing Act of 1946))’’ after ‘‘material’’. 

8 (b) CRITICAL AGRICULTURAL MATERIALS.—Section 

9 5(b)(9) of the Critical Agricultural Materials Act (7 

10 U.S.C. 178c(b)(9)) is amended by inserting ‘‘, and includ11 ing hemp (as defined in section 297A of the Agricultural 

12 Marketing Act of 1946)’’ after ‘‘hydrocarbon-containing 

13 plants’’. 

14 SEC. 4. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH. 

15 (a) IN GENERAL.—Section 7606 of the Agricultural 

16 Act of 2014 (7 U.S.C. 5940) is amended— 

17 (1) by redesignating subsections (a) and (b) as 

18 subsections (b) and (a), respectively, and moving the 

19 subsections so as to appear in alphabetical order; 

20 (2) in subsection (b) (as so redesignated), in 

21 the subsection heading, by striking ‘‘IN GENERAL’’ 

22 and inserting ‘‘INDUSTRIAL HEMP RESEARCH’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(c) STUDY AND REPORT.— 

25 ‘‘(1) IN GENERAL.—The Secretary shall con26 duct a study of agricultural pilot programs— 


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1 ‘‘(A) to determine the economic viability of 

2 the domestic production and sale of industrial 

3 hemp; and 

4 ‘‘(B) that shall include a review of— 

5 ‘‘(i) each agricultural pilot program; 

6 and 

7 ‘‘(ii) any other agricultural or aca8 demic research relating to industrial hemp. 

9 ‘‘(2) REPORT.—Not later than 120 days after 

10 the date of enactment of this subsection, the Sec11 retary shall submit to Congress a report describing 

12 the results of the study conducted under paragraph 

13 (1).’’. 

14 (b) REPEAL.—Effective on the date that is 1 year 

15 after the date of enactment of this Act, section 7606 of 

16 the Agricultural Act of 2014 (7 U.S.C. 5940) is repealed. 

17 SEC. 5. FEDERAL CROP INSURANCE. 

18 (a) DEFINITION OF HEMP.—Section 502(b) of the 

19 Federal Crop Insurance Act (7 U.S.C. 1502(b)) is amend20 ed— 

21 (1) by redesignating paragraphs (8) through 

22 (11) as paragraphs (9) through (12), respectively; 

23 and 

24 (2) by inserting after paragraph (7) the fol25 lowing: 


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1 ‘‘(8) HEMP.—The term ‘hemp’ has the meaning 

2 given the term in section 297A of the Agricultural 

3 Marketing Act of 1946.’’. 

4 (b) INSURANCE PERIOD.—Section 508(a)(2) of the 

5 Federal Crop Insurance Act (7 U.S.C. 1508(a)(2)) is 

6 amended by striking ‘‘and sweet potatoes’’ and inserting 

7 ‘‘sweet potatoes, and hemp’’. 

8 (c) SUBMISSION OF POLICIES AND MATERIALS TO

9 BOARD.—Section 508(h) of the Federal Crop Insurance 

10 Act (7 U.S.C. 1508(h)) is amended— 

11 (1) in paragraph (1)(B)— 

12 (A) by redesignating clauses (i) through 

13 (iii) as subclauses (I) through (III), respec14 tively, and indenting appropriately; 

15 (B) in the matter preceding subclause (I) 

16 (as so redesignated), by striking ‘‘The Corpora17 tion shall’’ and inserting the following: 

18 ‘‘(i) IN GENERAL.—The Corporation 

19 shall’’; 

20 (C) in clause (i)(I) (as so redesignated), by 

21 inserting ‘‘subject to clause (ii),’’ before ‘‘will 

22 likely’’; and 

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

24 ‘‘(ii) WAIVER FOR HEMP.—The Cor25 poration may waive the viability and marVerDate Sep 11 2014 23:30 Apr 16, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2667.PCS S2667

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1 ketability requirement under clause (i)(I) 

2 in the case of a policy or pilot program re3 lating to the production of hemp.’’; and 

4 (2) in paragraph (3)(C)— 

5 (A) in clause (ii), by striking ‘‘and’’ at the 

6 end; 

7 (B) in clause (iii), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(iv) in the case of reviewing policies 

11 and other materials relating to the produc12 tion of hemp, may waive the viability and 

13 marketability requirement under subpara14 graph (A)(ii)(I).’’. 

15 (d) AGRICULTURAL COMMODITY.—Section 518 of the 

16 Federal Crop Insurance Act (7 U.S.C. 1518) is amended 

17 by inserting ‘‘hemp,’’ before ‘‘aquacultural species’’. 

18 (e) RESEARCH AND DEVELOPMENT AUTHORITY.— 

19 Section 522(b) of the Federal Crop Insurance Act (7 

20 U.S.C. 1522(b)) is amended— 

21 (1) in paragraph (2), by adding at the end the 

22 following: 

23 ‘‘(K) WAIVER FOR HEMP.—The Board 

24 may waive the viability and marketability re25 quirements under this paragraph in the case of 


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1 research and development relating to a policy to 

2 insure the production of hemp.’’; and 

3 (2) in paragraph (3)— 

4 (A) by striking ‘‘The Corporation’’ and in5 serting the following: 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), the Corporation’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(B) WAIVER FOR HEMP.—The Corpora10 tion may waive the marketability requirement 

11 under subparagraph (A) in the case of research 

12 and development relating to a policy to insure 

13 the production of hemp.’’. 

14 SEC. 6. CONFORMING CHANGES TO CONTROLLED SUB15 STANCES ACT. 

16 (a) IN GENERAL.—Section 102(16) of the Controlled 

17 Substances Act (21 U.S.C. 802(16)) is amended— 

18 (1) by striking ‘‘(16) The’’ and inserting 

19 ‘‘(16)(A) Subject to subparagraph (B), the’’; and 

20 (2) by striking ‘‘Such term does not include 

21 the’’ and inserting the following: 

22 ‘‘(B) The term ‘marihuana’ does not include— 

23 ‘‘(i) hemp, as defined in section 297A of the 

24 Agricultural Marketing Act of 1946; or 

25 ‘‘(ii) the’’. 


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1 (b) TETRAHYDROCANNABINOL.—Schedule I, as set 

2 forth in section 202(c) of the Controlled Substances Act 

3 (21 U.S.C. 812(c)), is amended in subsection (c)(17) by 

4 inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, 

5 except for tetrahydrocannabinols in hemp (as defined 

6 under section 297A of the Agricultural Marketing Act of 

7 1946)’’. 

8 SEC. 7. RULE OF CONSTRUCTION. 

9 Nothing in this Act authorizes interference with the 

10 interstate commerce of hemp (as defined in section 297A 

11 of the Agricultural Marketing Act of 1946, as added by 

12 section 2). 


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Calendar No. 380 

115TH CONGRESS 

2D SESSION S. 2667 

A BILL 

To amend the Agricultural Marketing Act of 1946 

hemp production, and for other purposes. to provide for State and Tribal regulation of 

APRIL 16, 2018 

Read the second time and placed on the calendar 


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