I 
115TH CONGRESS 
2D SESSION 
H. R. 5485 
To amend the Agricultural Marketing Act of 1946 to provide for State 
and Tribal regulation of hemp production, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 12, 2018 
Mr. COMER (for himself and Mr. POLIS) 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 consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Agricultural Marketing Act of 1946 to provide 
for State and Tribal regulation of hemp production, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hemp Farming Act 
of 2018’’. 
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SEC. 2. HEMP PRODUCTION. 
The Agricultural Marketing Act of 1946 (7 U.S.C. 
1621 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘Subtitle G—Hemp Production 
‘‘SEC. 297A. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) HEMP.—The term ‘hemp’ means the plant 
Cannabis sativa L. and any part of that plant, in-
cluding the seeds thereof and all derivatives, ex-
tracts, cannabinoids, isomers, acids, salts, and salts 
of isomers, whether growing or not, with a delta-9 
tetrahydrocannabinol concentration of not more than 
0.3 percent on a dry weight basis. 
‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
‘‘(3) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Agriculture. 
‘‘(4) STATE.—The term ‘State’ means— 
‘‘(A) a State; 
‘‘(B) the District of Columbia; 
‘‘(C) the Commonwealth of Puerto Rico; 
and 
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‘‘(D) any other territory or possession of 
the United States. 
‘‘(5) STATE DEPARTMENT OF AGRICULTURE.— 
The term ‘State department of agriculture’ means 
the agency, commission, or department of a State 
government responsible for agriculture in the State. 
‘‘(6) TRIBAL GOVERNMENT.—The term ‘Tribal 
government’ means the governing body of an Indian 
tribe. 
‘‘SEC. 297B. STATE AND TRIBAL PLANS. 
‘‘(a) SUBMISSION.— 
‘‘(1) IN GENERAL.—A State or Indian tribe de-
siring to have primary regulatory authority over the 
production of hemp in the State or territory of the 
Indian tribe shall submit to the Secretary, through 
the State department of agriculture (in consultation 
with the Governor and chief law enforcement officer 
of the State) or the Tribal government, as applica-
ble, a plan under which the State or Indian tribe 
monitors and regulates that production as described 
in paragraph (2). 
‘‘(2) CONTENTS.—A State or Tribal plan re-
ferred to in paragraph (1)— 
‘‘(A) shall only be required to include— 
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‘‘(i) a practice to maintain relevant in-
formation regarding land on which hemp is 
produced in the State or territory of the 
Indian tribe, including a legal description 
of the land, for a period of not less than 
3 calendar years; 
‘‘(ii) a procedure for testing, using 
post-decarboxylation or other similarly reli-
able methods, delta-9 tetrahydrocannabinol 
concentration levels of hemp produced in 
the State or territory of the Indian tribe; 
‘‘(iii) a procedure for the effective dis-
posal of products that are produced in vio-
lation of this subtitle; and 
‘‘(iv) a procedure to comply with the 
enforcement procedures under subsection 
(d); and 
‘‘(B) may include any other practice or 
procedure established by a State or Indian 
tribe, as applicable, to the extent that the prac-
tice or procedure is consistent with this subtitle. 
‘‘(3) RELATION TO STATE AND TRIBAL LAW.— 
‘‘(A) NO
PREEMPTION.—Nothing in this 
subsection preempts or limits any law of a 
State or Indian tribe regulating the production 
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of hemp, to the extent that law is consistent 
with this subtitle. 
‘‘(B) REFERENCES IN PLANS.—A State or 
Tribal plan referred to in paragraph (1) may 
include a reference to a law of the State or In-
dian tribe regulating the production of hemp, to 
the extent that law is consistent with this sub-
title. 
‘‘(b) APPROVAL.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after receipt of a State or Tribal plan under sub-
section (a), the Secretary shall— 
‘‘(A) approve the State or Tribal plan if 
the State or Tribal plan complies with sub-
section (a); or 
‘‘(B) disapprove the State or Tribal plan 
only if the State or Tribal plan does not comply 
with subsection (a). 
‘‘(2) AMENDED PLANS.—If the Secretary dis-
approves a State or Tribal plan under paragraph 
(1)(B), the State, through the State department of 
agriculture (in consultation with the Governor and 
chief law enforcement officer of the State) or the 
Tribal government, as applicable, may submit to the 
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‘‘(ii) failing to obtain a license or 
other required authorization from the 
State department of agriculture or Tribal 
government, as applicable; or 
‘‘(iii) producing Cannabis sativa L. 
with a delta-9 tetrahydrocannabinol con-
centration of more than 0.3 percent on a 
dry weight basis. 
‘‘(B) CORRECTIVE ACTION PLAN.—A hemp 
producer described in subparagraph (A) shall 
comply with a plan established by the State de-
partment of agriculture or Tribal government, 
as applicable, to correct the negligent violation, 
including— 
‘‘(i) a reasonable date by which the 
hemp producer shall correct the negligent 
violation; and 
‘‘(ii) a requirement that the hemp 
producer shall periodically report to the 
State department of agriculture or Tribal 
government, as applicable, on the compli-
ance of the hemp producer with the State 
or Tribal plan for a period of not less than 
the next 2 calendar years. 
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‘‘(C) RESULT
OF
NEGLIGENT
VIOLA-
TION.—Except as provided in subparagraph 
(D), a hemp producer that negligently violates 
a State or Tribal plan under subparagraph (A) 
shall not be subject to any criminal or civil en-
forcement action by the Federal Government or 
any State government, Tribal government, or 
local government other than the enforcement 
action authorized under subparagraph (B). 
‘‘(D) REPEAT VIOLATIONS.—A hemp pro-
ducer that negligently violates a State or Tribal 
plan under subparagraph (A) 3 times in a 5- 
year period shall be ineligible to produce hemp 
for a period of 5 years beginning on the date 
of the third violation. 
‘‘(3) OTHER VIOLATIONS.—If the State depart-
ment of agriculture or Tribal government in a State 
or the territory of an Indian tribe for which a State 
or Tribal plan is approved under subsection (b), as 
applicable, determines that a hemp producer in the 
State or territory has violated the State or Tribal 
plan with a culpable mental state greater than neg-
ligence— 
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‘‘(A) the State department of agriculture 
or Tribal government, as applicable, shall im-
mediately report the hemp producer to— 
‘‘(i) the Attorney General; and 
‘‘(ii) in the case of a State department 
of agriculture, the chief law enforcement 
officer of the State; and 
‘‘(B) paragraph (1) of this subsection shall 
not apply to the violation. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
‘‘(f) EFFECT.—Nothing in this section prohibits the 
production of hemp in a State or the territory of an Indian 
tribe for which a State or Tribal plan is not approved 
under this section in accordance with other Federal laws 
(including regulations). 
‘‘SEC. 297C. AUTHORITY TO ISSUE REGULATIONS AND 
GUIDELINES. 
‘‘The Secretary shall have sole authority to issue Fed-
eral regulations and guidelines that relate to the produc-
tion of hemp, including Federal regulations and guidelines 
that relate to the implementation of section 297B.’’. 
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SEC. 3. FUNDING FOR HEMP RESEARCH. 
(a) SUPPLEMENTAL
AND ALTERNATIVE CROPS.— 
Section 1473D(c)(3)(E) of the National Agricultural Re-
search, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3319d(c)(3)(E)) is amended by inserting ‘‘(includ-
ing hemp (as defined in section 297A of the Agricultural 
Marketing Act of 1946))’’ after ‘‘material’’. 
(b) CRITICAL AGRICULTURAL MATERIALS.—Section 
5(b)(9) of the Critical Agricultural Materials Act (7 
U.S.C. 178c(b)(9)) is amended by inserting ‘‘, and includ-
ing hemp (as defined in section 297A of the Agricultural 
Marketing Act of 1946)’’ after ‘‘hydrocarbon-containing 
plants’’. 
SEC. 4. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH. 
(a) IN GENERAL.—Section 7606 of the Agricultural 
Act of 2014 (7 U.S.C. 5940) is amended— 
(1) by redesignating subsections (a) and (b) as 
subsections (b) and (a), respectively, and moving the 
subsections so as to appear in alphabetical order; 
(2) in subsection (b) (as so redesignated), in 
the subsection heading, by striking ‘‘IN GENERAL’’ 
and inserting ‘‘INDUSTRIAL HEMP RESEARCH’’; and 
(3) by adding at the end the following: 
‘‘(c) STUDY AND REPORT.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct a study of agricultural pilot programs— 
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‘‘(A) to determine the economic viability of 
the domestic production and sale of industrial 
hemp; and 
‘‘(B) that shall include a review of— 
‘‘(i) each agricultural pilot program; 
and 
‘‘(ii) any other agricultural or aca-
demic research relating to industrial hemp. 
‘‘(2) REPORT.—Not later than 120 days after 
the date of enactment of this subsection, the Sec-
retary shall submit to Congress a report describing 
the results of the study conducted under paragraph 
(1).’’. 
(b) REPEAL.—Effective on the date that is 1 year 
after the date of enactment of this Act, section 7606 of 
the Agricultural Act of 2014 (7 U.S.C. 5940) is repealed. 
SEC. 5. FEDERAL CROP INSURANCE. 
(a) DEFINITION OF HEMP.—Section 502(b) of the 
Federal Crop Insurance Act (7 U.S.C. 1502(b)) is amend-
ed— 
(1) by redesignating paragraphs (8) through 
(11) as paragraphs (9) through (12), respectively; 
and 
(2) by inserting after paragraph (7) the fol-
lowing: 
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‘‘(8) HEMP.—The term ‘hemp’ has the meaning 
given the term in section 297A of the Agricultural 
Marketing Act of 1946.’’. 
(b) INSURANCE PERIOD.—Section 508(a)(2) of the 
Federal Crop Insurance Act (7 U.S.C. 1508(a)(2)) is 
amended by striking ‘‘and sweet potatoes’’ and inserting 
‘‘sweet potatoes, and hemp’’. 
(c) SUBMISSION OF POLICIES AND MATERIALS TO 
BOARD.—Section 508(h) of the Federal Crop Insurance 
Act (7 U.S.C. 1508(h)) is amended— 
(1) in paragraph (1)(B)— 
(A) by redesignating clauses (i) through 
(iii) as subclauses (I) through (III), respec-
tively, and indenting appropriately; 
(B) in the matter preceding subclause (I) 
(as so redesignated), by striking ‘‘The Corpora-
tion shall’’ and inserting the following: 
‘‘(i) IN
GENERAL.—The Corporation 
shall’’; 
(C) in clause (i)(I) (as so redesignated), by 
inserting ‘‘subject to clause (ii),’’ before ‘‘will 
likely’’; and 
(D) by adding at the end the following: 
‘‘(ii) WAIVER FOR HEMP.—The Cor-
poration may waive the viability and mar-
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