HEMP Act of 2021
Bill: S.1005 | Sponsor: Sen. Paul, Rand (R-KY)
Policy area: Agriculture and Food

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.

To amend the Agricultural Marketing Act of 1946 to modify the 
              definition of hemp, 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 Economic Mobilization Plan Act 
of 2021'' or the ``HEMP Act of 2021''.

SEC. 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)) is amended by 
        striking ``0.3 percent'' and inserting ``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)) is amended by striking ``0.3 percent'' and 
        inserting ``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)) is 
        amended--
                    (A) in clause (ii)--
                            (i) by inserting ``the measurement of 
                        uncertainty of which is not greater than 0.075 
                        percent,'' after ``methods,''; and
                            (ii) by striking ``hemp'' and inserting 
                        ``products derived from hemp plants'';
                    (B) in clause (vi), by striking ``and'' at the end;
                    (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)'' and inserting ``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)) 
        is amended--
                    (A) in subparagraph (B)--
                            (i) by inserting ``the measurement of 
                        uncertainty of which is not greater than 0.075 
                        percent,'' after ``methods,''; and
                            (ii) by striking ``hemp'' and inserting 
                        ``products derived from hemp plants'';
                    (B) in subparagraph (E), by striking ``and'' at the 
                end;
                    (C) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; 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.
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