Hemp Advancement Act of 2022
Bill: H.R.6645 | Sponsor: Rep. Pingree, Chellie (D-ME)
Policy area: Agriculture and Food

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.

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hemp Advancement Act of 2022''.

SEC. 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) is amended--
            (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' means--
                    ``(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' means a 
        finished product that--
                    ``(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' means the aggregate 
        concentration of delta-8 tetrahydrocannabinol, delta-9 
        tetrahydrocannabinol, delta-10 tetrahydrocannabinol, and the 
        optical isomers of such substances.''.

SEC. 3. STATE AND TRIBAL PLANS.

    Section 297B of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1639p) is amended--
            (1) in subsection (a)(2)(A)--
                    (A) in clause (ii), by striking ``testing'' and all 
                that follows through ``methods,'' and inserting ``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''; and
                    (B) in clause (iii)--
                            (i) in the matter preceding subclause (i) 
                        by inserting ``, including by pyrolysis,'' 
                        after ``disposal''; and
                            (ii) in subclause (II), by inserting ``, 
                        except that products derived from pyrolysis 
                        disposal may enter the stream of commerce'' 
                        after ``plants'';
            (2) in subsection (e)(2)(A)(iii)--
                    (A) by striking ``0.3'' and inserting ``1''; and
                    (B) by striking ``delta-9'' and inserting 
                ``total''; and
            (3) in subsection (e)(3), by striking subparagraph (B) and 
        redesignating subparagraph (C) as subparagraph (B).

SEC. 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), as in 
effect before the amendments made by section 3 of this Act, from--
            (1) the programs established under sections 297B (7 U.S.C. 
        1639p) and 297C (7 U.S.C. 1639q) of such Act of 1946; or
            (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.

SEC. 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)) is amended--
            (1) in subparagraph (B), by striking ``testing'' and all 
        that follows through ``methods,'' and inserting ``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''; and
            (2) in subparagraph (C)--
                    (A) by inserting ``, including by pyrolysis,'' 
                after ``disposal''; and
                    (B) in clause (ii), by inserting ``, except that 
                products derived from pyrolysis disposal may enter the 
                stream of commerce'' after ``plants''.

SEC. 6. CRITERIA FOR LABORATORY ACCREDITATION.

    Section 297D(a)(1) of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1639r(a)(1)) is amended by adding at the end the following:
                    ``(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.''.

SEC. 7. IN-PROCESS HEMP EXTRACT.

    The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is 
amended by adding at the end the following:

``SEC. 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.''.

SEC. 8. SYNTHETIC CANNABINOIDS.

    Section 10114(a) of the Agriculture Improvement Act of 2018 (7 
U.S.C. 1639o note) is amended by inserting ``, 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'' before the period.

SEC. 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)) is amended--
            (1) in clause (i), by striking ``or'';
            (2) in clause (ii), by striking the period and inserting 
        ``; or''; and
            (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)), is amended 
in subsection (c)(17) by inserting ``, in-process hemp extract, or hemp 
products'' after ``hemp''.
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