7 U.S.C. § 1639q — Department of Agriculture
submitted 80 years ago by Pub. L. 115-334 to r/title-7-AGRICULTURE · 586 words · no verdicts yet
If a State or Indian tribe does not have an approved plan, the Secretary establishes and administers a hemp-production plan there. The Secretary issues producer licenses, enforces violations, reports unlicensed production to the Attorney General, and shares producer information with law enforcement.
(a) Department of Agriculture plan. (1) In general. If a State* or Indian tribe* does not have a plan approved under section 1639p, hemp* production in that State or tribal territory is governed by a plan the Secretary* establishes to monitor and regulate production under paragraph (2).
(2) Content. The Secretary’s plan must include:
(A) a practice for keeping relevant information about land where hemp is produced, including a legal description, for at least three calendar years;
(B) a procedure for testing delta-9 tetrahydrocannabinol concentration in hemp using post-decarboxylation or another similarly reliable method;
(C) a procedure for effectively disposing of:
(i) plants, whether growing or not, produced in violation of this subchapter; and
(ii) products made from those plants;
(D) a procedure for following subsection (c)(2)’s enforcement procedures;
(E) a procedure for annual inspections of at least a random sample of hemp producers to verify compliance with this subchapter; and
(F) other practices or procedures the Secretary considers appropriate, if they are consistent with this subchapter.
(b) Licensing. The Secretary must establish a procedure for issuing hemp-producer licenses under a plan established under subsection (a).
(c) Violations. (1) In general. In a State or tribal territory without an approved State or Tribal plan, it is unlawful to produce hemp without a license issued by the Secretary under subsection (b).
(2) Negligent and other violations. A violation of the Secretary’s plan is enforced under paragraphs (2) and (3) of section 1639p(e), except that the Secretary carries out the enforcement instead of the State department of agriculture* or Tribal government*.
(3) Reporting to Attorney General. In such a State or tribal territory, the Secretary must report production without a Secretary-issued license to the Attorney General.
(d) Information sharing for law enforcement. (1) In general. The Secretary must collect the information in paragraph (2) and make it available in real time to Federal, State, territorial, and local law enforcement.
(2) Content. The information must include:
(A) contact information for each hemp producer in a State or tribal territory where either:
(i) a State or Tribal plan is approved under section 1639p(b); or
(ii) the Secretary has established a plan under this section;
(B) a legal description of the land where each such producer grows hemp; and
(C) for each such producer:
(i) the status of:
(I) a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or
(II) a Secretary-issued license; and
(ii) any changes to that status.
In the case of a State* or Indian tribe* for which a State or Tribal plan is not approved under section 1639p of this title, the production of hemp* in that State or the territory of that Indian tribe shall be subject to a plan established by the Secretary* to monitor and regulate that production in accordance with paragraph (2).
A plan established by the Secretary under paragraph (1) shall include—
a practice to maintain relevant information 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;
a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
a procedure for the effective disposal of—
plants, whether growing or not, that are produced in violation of this subchapter; and
products derived from those plants;
a procedure to comply with the enforcement procedures under subsection (c)(2);
a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subchapter; and
such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subchapter.
The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection (a).
In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 1639p of this title, it shall be unlawful to produce hemp in that State or the territory of that Indian tribe without a license issued by the Secretary under subsection (b).
A violation of a plan established under subsection (a) shall be subject to enforcement in accordance with paragraphs (2) and (3) of section 1639p(e) of this title, except that the Secretary shall carry out that enforcement instead of a State department of agriculture* or Tribal government*.
In the case of a State or Indian tribe covered by paragraph (1), the Secretary shall report the production of hemp without a license issued by the Secretary under subsection (b) to the Attorney General.
The Secretary shall—
collect the information described in paragraph (2); and
make the information collected under subparagraph (A) accessible in real time to Federal, State, territorial, and local law enforcement.
The information collected by the Secretary under paragraph (1) shall include—
contact information for each hemp producer in a State or the territory of an Indian tribe for which—
a State or Tribal plan is approved under section 1639p(b) of this title; or
a plan is established by the Secretary under this section;
a legal description of the land on which hemp is grown by each hemp producer described in subparagraph (A); and
for each hemp producer described in subparagraph (A)—
the status of—
a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or
a license from the Secretary; and
any changes to the status.
Source credit: (Aug. 14, 1946, ch. 966, title II, § 297C, as added Pub. L. 115–334, title X, § 10113, Dec. 20, 2018, 132 Stat. 4912.)
- 1946Enacted · Pub. L. 115-334 · 132 Stat. 4912
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-334 on 1946-08-14.
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