DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 579 Original 2019 Regular Session Connick
Abstract: Authorizes hemp farming and provides for regulation by the Dept. of Agriculture and
Forestry.
Proposed law provides definitions for terms applicable to the growth and harvest of hemp.
Specifically, proposed law defines hemp as the Cannabis sativa L. plant and any part of the plant that
has a THC concentration of 0.3% or less on a dry weight basis.
Proposed law establishes hemp as an agricultural crop if grown by an individual licensed by the
Dept. of Agriculture and Forestry.
Proposed law authorizes licensed individuals to plant, grow, harvest, possess, process, sell, or buy
hemp.
Proposed law requires applicants for an hemp license to apply with the commissioner of agriculture
and forestry and complete a state and national criminal history check.
Proposed law authorizes the commissioner to issue licenses to qualified persons and institutions of
higher learning to grow hemp for research and educational purposes only.
Proposed law requires licensees to provide the following information to the commissioner:
(1)Documentation showing that the seeds planted are of a type and variety certified to contain
no more than 0.3% THC.
(2)A copy of any contract to grow hemp.
(3)Notification of the sale or distribution of any hemp grown by the licensee, including the
name and address of the person or entity receiving the hemp and the quantity of hemp sold.
Proposed law requires the commissioner to adopt rules to provide for the following:
(1)Testing the hemp during growth to determine THC levels.
(2)Supervision of the hemp during its growth and harvest.
(3)Assessment of a fee that is commensurate with the costs of the commissioner's activities in licensing, testing, and supervising hemp production.
(4)Rules relating to the production and sale of hemp consistent with the 2018 Farm Bill and any
future rules promulgated by the U.S. Dept. of Agriculture.
Proposed law provides that growing hemp cannot be used as defense to a charge of criminal sale or
distribution of marijuana if the cannabis plant does not meet the definition of hemp.
Present law provides for a definition of marijuana in the Uniformed Controlled Substances Act.
Proposed law exempts hemp grow in accordance with proposed law and the 2018 Farm Bill from
the definition of marijuana.
Proposed law provides that penalties for cultivating, possessing, processing, and marketing hemp
not in violation of proposed law and the 2018 Farm Bill are the same as penalties for cultivation,
possession, processing, and marketing marijuana.
(Amends R.S. 40:961(26) and 964(Schedule 1)(C)(27); Adds R.S. 3:3691-3698 and R.S. 40:961(45)
and R.S. 40:966(A)(3))