7 U.S.C. § 1639q — Department of Agriculture

(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.