HEMP Act of 2021

To amend the Agricultural Marketing Act of 1946 to modify the definition of hemp, and for other purposes. 1. Short title This Act may be cited as the Hemp Economic Mobilization Plan Act of 2021 HEMP Act of 2021 2. Hemp production (a) Definition of hemp (1) In general Section 297A(1) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o(1) 0.3 percent 1 percent (2) Conforming amendment Section 297B(e)(2)(A)(iii) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639p(e)(2)(A)(iii) 0.3 percent 1 percent (b) Testing for delta-9 THC; documentation during transport (1) State and Tribal plans Section 297B(a)(2)(A) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639p(a)(2)(A) (A) in clause (ii)— (i) by inserting the measurement of uncertainty of which is not greater than 0.075 percent, methods, (ii) by striking hemp products derived from hemp plants (B) in clause (vi), by striking and (C) by redesignating clause (vii) as clause (viii); (D) by inserting after clause (vi) the following: (vii) a requirement that any person transporting hemp shall keep with the shipment of hemp— (I) a copy of a valid license or other required authorization from the State department of agriculture or Tribal government, as applicable, or a license from the Secretary, issued to the producer, as is required to be submitted to the Secretary under clause (vi), as applicable, and collected by the Secretary under section 297C(d)(2)(C); or (II) a copy of a certificate from a laboratory demonstrating that the hemp contains a delta-9 tetrahydrocannabinol concentration of not more than 1 percent on a dry weight basis; and ; and (E) in clause (viii) (as so redesignated), by striking the practices and procedures described in clauses (i) through (vi) clauses (i) through (vii) (2) Department of Agriculture plan Section 297C(a)(2) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639q(a)(2) (A) in subparagraph (B)— (i) by inserting the measurement of uncertainty of which is not greater than 0.075 percent, methods, (ii) by striking hemp products derived from hemp plants (B) in subparagraph (E), by striking and (C) in subparagraph (F), by striking the period at the end and inserting ; and (D) by adding at the end the following: (G) a requirement that any person transporting hemp shall keep with the shipment of hemp— (i) a copy of a valid license or other required authorization from a State department of agriculture or Tribal government, as applicable, or a license from the Secretary, issued to the producer, as is required to be submitted to the Secretary under section 297B(a)(2)(A)(vi), as applicable, and collected by the Secretary under subsection (d)(2)(C); or (ii) a copy of a certificate from a laboratory demonstrating that the hemp contains a delta-9 tetrahydrocannabinol concentration of not more than 1 percent on a dry weight basis. . (c) Conforming revisions to regulations Not later than 90 days after the date of enactment of this Act, without regard to the notice and comment provisions of section 553 of title 5, United States Code, the Secretary of Agriculture shall revise part 990 of title 7, Code of Federal Regulations, to make any conforming changes that are necessary as a result of this section and the amendments made by this section.

Summary: Hemp Economic Mobilization Plan Act of 2021 or the HEMP Act of 2021 This bill modifies the definition of hemp to raise the tetrahydrocannabinol (THC, the psychoactive component of marijuana) limit from 0.3% to 1%. Additionally, the bill requires the Department of Agriculture (USDA) and state and tribal governments to test hemp-derived products rather than the hemp flower or plant itself and creates a margin of error in hemp testing using 0.075% as the baseline standard. Further, it requires hemp shipments to contain (1) a copy of a valid license or other authorization from USDA or a state or tribal government, or (2) a copy of a certification from a laboratory showing that such hemp contains a THC concentration of not more than 1% on a dry weight basis.