Hemp Advancement Act of 2022

To promote the production of hemp and hemp products, and for other purposes. 1. Short title This Act may be cited as the Hemp Advancement Act of 2022 2. Modifications to definitions in the Agricultural Marketing Act of 1946 Section 297A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o (1) by redesignating paragraph (6) as paragraph (8); (2) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (3) by striking paragraph (1) and inserting the following: (1) Hemp The term hemp (A) the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, with a total tetrahydrocannabinol concentration of not more than 1 percent on a dry weight basis, that is not intended for sale to consumers; and (B) hemp extract that— (i) is to be used in the making of a hemp product; (ii) has not been packaged as a finished product; (iii) is not intended for sale to consumers; (iv) has a total tetrahydrocannabinol concentration that exceeds 1 percent on a dry weight basis; and (v) is stored, transported, and processed in accordance with section 297F. (2) Hemp product The term hemp product (A) is derived from, or made by, processing hemp; and (B) has a total tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. ; and (4) by inserting after paragraph (6) (as so redesignated by paragraph (1) of this subsection) the following: (7) Total tetrahydrocannabinol concentration The term total tetrahydrocannabinol concentration . 3. State and tribal plans Section 297B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639p (1) in subsection (a)(2)(A)— (A) in clause (ii), by striking testing methods, a laboratory accredited under criteria established by the Secretary under section 297D(a)(1)(C) to use post-decarboxylation or other similarly reliable methods to test (B) in clause (iii)— (i) in the matter preceding subclause (i) by inserting , including by pyrolysis, disposal (ii) in subclause (II), by inserting , except that products derived from pyrolysis disposal may enter the stream of commerce plants (2) in subsection (e)(2)(A)(iii)— (A) by striking 0.3 1 (B) by striking delta-9 total (3) in subsection (e)(3), by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). 4. Reinstatement of formerly ineligible individuals Any individual excluded under section 297B(e)(3)(B) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639p(e)(3)(B) (1) the programs established under sections 297B ( 7 U.S.C. 1639p 7 U.S.C. 1639q (2) any program established through a regulation or guideline issued under section 297D(a) of such Act of 1946 ( 7 U.S.C. 1639r(a) shall not be excluded from participation in such programs on these grounds. 5. Amendments to regulation of hemp by Department of Agriculture Section 297C(a)(2) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639q(a)(2) (1) in subparagraph (B), by striking testing methods, a laboratory accredited under criteria established by the Secretary under section 297D(a)(1)(C) to use post-decarboxylation or other similarly reliable methods to test (2) in subparagraph (C)— (A) by inserting , including by pyrolysis, disposal (B) in clause (ii), by inserting , except that products derived from pyrolysis disposal may enter the stream of commerce plants 6. Criteria for laboratory accreditation Section 297D(a)(1) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639r(a)(1) (C) Criteria for laboratory accreditation The Secretary shall establish criteria by which a laboratory may be accredited for purposes of testing hemp, in accordance with sections 297B(a)(2)(A) and 297C(a)(2). Such criteria shall not require that a laboratory be registered with the Attorney General, acting through the Administrator of the Drug Enforcement Administration. . 7. In-process hemp extract The Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. 297F. In-process hemp extract (a) In general The requirements of this section for in-process hemp extract are the following: (1) The hemp extract is derived from hemp produced in accordance with this Act. (2) The hemp extract is processed further or incorporated into another product. (3) The hemp extract is not packaged as a hemp product and is not sold or offered for sale to consumers. (4) The hemp extract is not used to produce a hemp product that has a total tetrahydrocannabinol concentration that exceeds 0.3 percent on a dry weight basis. (5) The hemp extract is produced, stored, transported, and processed in a facility bonded under regulations issued in accordance with subsection (b). (b) Regulations (1) In general The Secretary shall issue regulations for facilities that produce, store, transport, or process in-process hemp extract, which shall include— (A) procedures to ensure the secure transportation of in-process hemp extract; (B) procedures for the documentation and secure disposal (rendering the by-product unusable for any intoxicating purpose) of any by-product from the extraction and manufacture of in-process hemp extract that— (i) has a total tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis; and (ii) will not be used in, or subject to, further processing; and (C) such other procedures or practices, consistent with this title, as the Secretary considers to be appropriate. (2) State regulations A State or political subdivision may not impose or continue in effect any requirement for disposal or documentation of in-process hemp extract that is different from any requirement imposed under this section. . 8. Synthetic cannabinoids Section 10114(a) of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 1639o , or permits interstate commerce of products containing cannabinoids that are not naturally occurring in the plant Cannabis sativa L. or that are manufactured by means of chemical synthesis 9. Conforming amendments to the Controlled Substances Act (a) In general Section 102(16)(B) of the Controlled Substances Act ( 21 U.S.C. 802(16)(B) (1) in clause (i), by striking or (2) in clause (ii), by striking the period and inserting ; or (3) by adding at the end the following: (iii) hemp products, as defined in section 297A of the Agricultural Marketing Act of 1947 ( 7 U.S.C. 1639o . (b) Tetrahydrocannabinol Schedule I, as set forth in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) , in-process hemp extract, or hemp products hemp

Summary: Hemp Advancement Act of 2022 This bill makes various changes to federal requirements that apply to growing hemp, including requirements related to the permitted amount of tetrahydrocannabinol (THC) and hemp testing in laboratories. The bill also allows individuals who have been convicted of certain drug-related felonies to obtain hemp licenses, which is currently prohibited for 10 years after the conviction.