I 

117TH CONGRESS 

2D SESSION H. R. 6645 

To promote the production of hemp and hemp products, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2022 

Ms. PINGREE introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Energy and 

Commerce, and the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To promote the production of hemp and hemp products, 

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 Advancement 

5 Act of 2022’’. 

6 SEC. 2. MODIFICATIONS TO DEFINITIONS IN THE AGRICUL7 TURAL MARKETING ACT OF 1946. 

8 Section 297A of the Agricultural Marketing Act of 

9 1946 (7 U.S.C. 1639o) is amended— 


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1 (1) by redesignating paragraph (6) as para2 graph (8); 

3 (2) by redesignating paragraphs (2) through 

4 (5) as paragraphs (3) through (6), respectively; 

5 (3) by striking paragraph (1) and inserting the 

6 following: 

7 ‘‘(1) HEMP.—The term ‘hemp’ means— 

8 ‘‘(A) the plant Cannabis sativa L. and any 

9 part of that plant, including the seeds thereof 

10 and all derivatives, extracts, cannabinoids, iso11 mers, acids, salts, and salts of isomers thereof, 

12 whether growing or not, with a total 

13 tetrahydrocannabinol concentration of not more 

14 than 1 percent on a dry weight basis, that is 

15 not intended for sale to consumers; and 

16 ‘‘(B) hemp extract that— 

17 ‘‘(i) is to be used in the making of a 

18 hemp product; 

19 ‘‘(ii) has not been packaged as a fin20 ished product; 

21 ‘‘(iii) is not intended for sale to con22 sumers; 

23 ‘‘(iv) has a total tetrahydrocannabinol 

24 concentration that exceeds 1 percent on a 

25 dry weight basis; and 


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1 ‘‘(v) is stored, transported, and proc2 essed in accordance with section 297F. 

3 ‘‘(2) HEMP PRODUCT.—The term ‘hemp prod4 uct’ means a finished product that— 

5 ‘‘(A) is derived from, or made by, proc6 essing hemp; and 

7 ‘‘(B) has a total tetrahydrocannabinol con8 centration of not more than 0.3 percent on a 

9 dry weight basis.’’; and 

10 (4) by inserting after paragraph (6) (as so re11 designated by paragraph (1) of this subsection) the 

12 following: 

13 ‘‘(7) TOTAL TETRAHYDROCANNABINOL CON14 CENTRATION.—The term ‘total tetrahydrocannabinol 

15 concentration’ means the aggregate concentration of 

16 delta-8 tetrahydrocannabinol, delta-9 

17 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, 

18 and the optical isomers of such substances.’’. 

19 SEC. 3. STATE AND TRIBAL PLANS. 

20 Section 297B of the Agricultural Marketing Act of 

21 1946 (7 U.S.C. 1639p) is amended— 

22 (1) in subsection (a)(2)(A)— 

23 (A) in clause (ii), by striking ‘‘testing’’ and 

24 all that follows through ‘‘methods,’’ and insert25 ing ‘‘a laboratory accredited under criteria esVerDate Sep 11 2014 21:25 Feb 10, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6645.IH H6645

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1 tablished by the Secretary under section 

2 297D(a)(1)(C) to use post-decarboxylation or 

3 other similarly reliable methods to test’’; and 

4 (B) in clause (iii)— 

5 (i) in the matter preceding subclause 

6 (i) by inserting ‘‘, including by pyrolysis,’’ 

7 after ‘‘disposal’’; and 

8 (ii) in subclause (II), by inserting ‘‘, 

9 except that products derived from pyrolysis 

10 disposal may enter the stream of com11 merce’’ after ‘‘plants’’; 

12 (2) in subsection (e)(2)(A)(iii)— 

13 (A) by striking ‘‘0.3’’ and inserting ‘‘1’’; 

14 and 

15 (B) by striking ‘‘delta-9’’ and inserting 

16 ‘‘total’’; and 

17 (3) in subsection (e)(3), by striking subpara18 graph (B) and redesignating subparagraph (C) as 

19 subparagraph (B). 

20 SEC. 4. REINSTATEMENT OF FORMERLY INELIGIBLE INDI21 VIDUALS. 

22 Any individual excluded under section 297B(e)(3)(B) 

23 of the Agricultural Marketing Act of 1946 (7 U.S.C. 

24 1639p(e)(3)(B), as in effect before the amendments made 

25 by section 3 of this Act, from— 


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1 (1) the programs established under sections 

2 297B (7 U.S.C. 1639p) and 297C (7 U.S.C. 1639q) 

3 of such Act of 1946; or 

4 (2) any program established through a regula5 tion or guideline issued under section 297D(a) of 

6 such Act of 1946 (7 U.S.C. 1639r(a)), 

7 shall not be excluded from participation in such programs 

8 on these grounds. 

9 SEC. 5. AMENDMENTS TO REGULATION OF HEMP BY DE10 PARTMENT OF AGRICULTURE. 

11 Section 297C(a)(2) of the Agricultural Marketing Act 

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

13 (1) in subparagraph (B), by striking ‘‘testing’’ 

14 and all that follows through ‘‘methods,’’ and insert15 ing ‘‘a laboratory accredited under criteria estab16 lished by the Secretary under section 297D(a)(1)(C) 

17 to use post-decarboxylation or other similarly reliable 

18 methods to test’’; and 

19 (2) in subparagraph (C)— 

20 (A) by inserting ‘‘, including by pyrolysis,’’ 

21 after ‘‘disposal’’; and 

22 (B) in clause (ii), by inserting ‘‘, except 

23 that products derived from pyrolysis disposal 

24 may enter the stream of commerce’’ after 

25 ‘‘plants’’. 


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1 SEC. 6. CRITERIA FOR LABORATORY ACCREDITATION. 

2 Section 297D(a)(1) of the Agricultural Marketing 

3 Act of 1946 (7 U.S.C. 1639r(a)(1)) is amended by adding 

4 at the end the following: 

5 ‘‘(C) CRITERIA FOR LABORATORY ACCRED6 ITATION.—The Secretary shall establish criteria 

7 by which a laboratory may be accredited for 

8 purposes of testing hemp, in accordance with 

9 sections 297B(a)(2)(A) and 297C(a)(2). Such 

10 criteria shall not require that a laboratory be 

11 registered with the Attorney General, acting 

12 through the Administrator of the Drug En13 forcement Administration.’’. 

14 SEC. 7. IN-PROCESS HEMP EXTRACT. 

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

16 1621 et seq.) is amended by adding at the end the fol17 lowing: 

18 ‘‘SEC. 297F. IN-PROCESS HEMP EXTRACT. 

19 ‘‘(a) IN GENERAL.—The requirements of this section 

20 for in-process hemp extract are the following: 

21 ‘‘(1) The hemp extract is derived from hemp 

22 produced in accordance with this Act. 

23 ‘‘(2) The hemp extract is processed further or 

24 incorporated into another product. 


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1 ‘‘(3) The hemp extract is not packaged as a 

2 hemp product and is not sold or offered for sale to 

3 consumers. 

4 ‘‘(4) The hemp extract is not used to produce 

5 a hemp product that has a total 

6 tetrahydrocannabinol concentration that exceeds 0.3 

7 percent on a dry weight basis. 

8 ‘‘(5) The hemp extract is produced, stored, 

9 transported, and processed in a facility bonded 

10 under regulations issued in accordance with sub11 section (b). 

12 ‘‘(b) REGULATIONS.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall issue 

14 regulations for facilities that produce, store, trans15 port, or process in-process hemp extract, which shall 

16 include— 

17 ‘‘(A) procedures to ensure the secure 

18 transportation of in-process hemp extract; 

19 ‘‘(B) procedures for the documentation 

20 and secure disposal (rendering the by-product 

21 unusable for any intoxicating purpose) of any 

22 by-product from the extraction and manufac23 ture of in-process hemp extract that— 


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1 ‘‘(i) has a total tetrahydrocannabinol 

2 concentration of more than 0.3 percent on 

3 a dry weight basis; and 

4 ‘‘(ii) will not be used in, or subject to, 

5 further processing; and 

6 ‘‘(C) such other procedures or practices, 

7 consistent with this title, as the Secretary con8 siders to be appropriate. 

9 ‘‘(2) STATE REGULATIONS.—A State or polit10 ical subdivision may not impose or continue in effect 

11 any requirement for disposal or documentation of in12 process hemp extract that is different from any re13 quirement imposed under this section.’’. 

14 SEC. 8. SYNTHETIC CANNABINOIDS. 

15 Section 10114(a) of the Agriculture Improvement Act 

16 of 2018 (7 U.S.C. 1639o note) is amended by inserting 

17 ‘‘, or permits interstate commerce of products containing 

18 cannabinoids that are not naturally occurring in the plant 

19 Cannabis sativa L. or that are manufactured by means 

20 of chemical synthesis’’ before the period. 

21 SEC. 9. CONFORMING AMENDMENTS TO THE CONTROLLED 

22 SUBSTANCES ACT. 

23 (a) IN GENERAL.—Section 102(16)(B) of the Con24 trolled Substances Act (21 U.S.C. 802(16)(B)) is amend25 ed— 


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1 (1) in clause (i), by striking ‘‘or’’; 

2 (2) in clause (ii), by striking the period and in3 serting ‘‘; or’’; and 

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

5 ‘‘(iii) hemp products, as defined in 

6 section 297A of the Agricultural Marketing 

7 Act of 1947 (7 U.S.C. 1639o).’’. 

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

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

10 (21 U.S.C. 812(c)), is amended in subsection (c)(17) by 

11 inserting ‘‘, in-process hemp extract, or hemp products’’ 

12 after ‘‘hemp’’. 

Æ 


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