Maryland 2022 Regular Session

Maryland Senate Bill SB1006 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb1006*
96
107 SENATE BILL 1006
118 M4 2lr3262
129
1310 By: Senators Guzzone and Feldman
1411 Introduced and read first time: February 25, 2022
1512 Assigned to: Rules
16-Re–referred to: Education, Health, and Environmental Affairs, March 7, 2022
17-Committee Report: Favorable with amendments
18-Senate action: Adopted
19-Read second time: March 25, 2022
2013
21-CHAPTER ______
14+A BILL ENTITLED
2215
2316 AN ACT concerning 1
2417
2518 Hemp Farming Program – Use of Hemp and Hemp Products in Consumable 2
2619 Products 3
2720
2821 FOR the purpose of altering the definition of “hemp” and “hemp product” in provisions of 4
2922 law relating to the Hemp Farming Program; authorizing a person that produces 5
3023 hemp or a hemp product in accordance with the Program to include the hemp or 6
3124 hemp product in consumable products for sale by the person under certain 7
3225 circumstances; and generally relating to the use of hemp in consumable products. 8
3326
3427 BY repealing and reenacting, with amendments, 9
3528 Article – Agriculture 10
3629 Section 14–101, 14–201, 14–202(e), 14–301, and 14–309 11
3730 Annotated Code of Maryland 12
3831 (2016 Replacement Volume and 2021 Supplement) 13
3932
4033 BY adding to 14
4134 Article – Agriculture 15
4235 Section 14–303.1 16
4336 Annotated Code of Maryland 17
4437 (2016 Replacement Volume and 2021 Supplement) 18
4538
4639 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
4740 That the Laws of Maryland read as follows: 20
41+
42+Article – Agriculture 21
43+
44+14–101. 22
45+
46+ (a) In this title the following words have the meanings indicated. 23
4847 2 SENATE BILL 1006
4948
5049
51-Article – Agriculture 1
50+ (b) “Fund” means the Hemp Farming Fund established under § 14–304 of this 1
51+title. 2
5252
53-14–101. 2
53+ (c) [(1) “Hemp” means the plant Cannabis sativa L. and any part of that plant, 3
54+including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, 4
55+whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not 5
56+exceed 0.3% on a dry weight basis. 6
5457
55- (a) In this title the following words have the meanings indicated. 3
58+ (2) “Hemp” does not include any plant or part of a plant intended for a use 7
59+that is regulated under Title 13, Subtitle 33 of the Health – General Article. 8
5660
57- (b) “Fund” means the Hemp Farming Fund established under § 14–304 of this 4
58-title. 5
61+ (d) “Hemp product” means a product derived from hemp produced in accordance 9
62+with Subtitle 3 of this title. 10
5963
60- (c) [(1) “Hemp” means the plant Cannabis sativa L. and any part of that plant, 6
61-including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, 7
62-whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not 8
63-exceed 0.3% on a dry weight basis. 9
64+ (e)] “Independent testing laboratory” has the meaning stated in § 13–3301 of the 11
65+Health – General Article. 12
6466
65- (2) “Hemp” does not include any plant or part of a plant intended for a use 10
66-that is regulated under Title 13, Subtitle 33 of the Health – General Article. 11
67+ [(f)] (D) “Institution of higher education” has the meaning stated in the federal 13
68+Higher Education Act of 1965. 14
6769
68- (d) “Hemp product” means a product derived from hemp produced in accordance 12
69-with Subtitle 3 of this title. 13
70+14–201. 15
7071
71- (e)] “Independent testing laboratory” has the meaning stated in § 13–3301 of the 14
72-Health – General Article. 15
72+ (A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 16
73+INDICATED. 17
7374
74- [(f)] (D) “Institution of higher education” has the meaning stated in the federal 16
75-Higher Education Act of 1965. 17
75+ (B) (1) “HEMP” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART 18
76+OF THAT PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 19
77+ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 20
78+A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 21
79+0.3% ON A DRY WEIGHT BASI S. 22
7680
77-14–201. 18
81+ (2) “HEMP” DOES NOT INCLUDE ANY PLANT OR PART OF A P LANT 23
82+INTENDED FOR A USE T HAT IS REGULATED UND ER TITLE 13, SUBTITLE 33 OF THE 24
83+HEALTH – GENERAL ARTICLE. 25
7884
79- (A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 19
80-INDICATED. 20
85+ (C) “Program” means the Hemp Research Pilot Program. 26
8186
82- (B) (1) “HEMP” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART 21
83-OF THAT PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 22
84-ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 23
85-A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 24
86-0.3% ON A DRY WEIGHT BASI S. 25
87+14–202. 27
8788
88- (2) “HEMP” DOES NOT INCLUDE ANY PLANT OR PART OF A P LANT 26
89-INTENDED FOR A USE T HAT IS REGULATED UNDER TITLE 13, SUBTITLE 33 OF THE 27
90-HEALTH – GENERAL ARTICLE. 28
89+ (e) In order to carry out the purpose of the Program: 28
9190
92- (C) “Program” means the Hemp Research Pilot Program. 29
93-
94-14–202. 30
95-
96- (e) In order to carry out the purpose of the Program: 31 SENATE BILL 1006 3
91+ (1) To the extent necessary, the Department or an institution of higher 29
92+education may contract with a person to grow or cultivate hemp; and 30
93+ SENATE BILL 1006 3
9794
9895
96+ (2) A person that grows or cultivates hemp under the Program may 1
97+purchase or otherwise obtain seeds that produce plants that meet the definition of “hemp” 2
98+under [§ 14–101] § 14–201 of this [title] SUBTITLE. 3
9999
100- (1) To the extent necessary, the Department or an institution of higher 1
101-education may contract with a person to grow or cultivate hemp; and 2
100+14–301. 4
102101
103- (2) A person that grows or cultivates hemp under the Program may 3
104-purchase or otherwise obtain seeds that produce plants that meet the definition of “hemp” 4
105-under [§ 14–101] § 14–201 of this [title] SUBTITLE. 5
102+ (A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 5
103+INDICATED. 6
106104
107-14–301. 6
105+ (B) (1) “HEMP” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART 7
106+OF THAT PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 8
107+ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 9
108+A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 10
109+0.3% ON A DRY WEIGHT BASI S. 11
108110
109- (A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 7
110-INDICATED. 8
111+ (2) “HEMP” INCLUDES COMPOUNDS THAT OCCUR IN THE PLANT 12
112+CANNABIS SATIVA L. THAT IMPART SMELL , TASTE, OR BOTH SMELL AND TA STE. 13
111113
112- (B) (1) “HEMP” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART 9
113-OF THAT PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 10
114-ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 11
115-A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 12
116-0.3% ON A DRY WEIGHT BASI S. 13
114+ (3) “HEMP” DOES NOT INCLUDE : 14
117115
118- (2) “HEMP” INCLUDES COMPOUNDS T HAT OCCUR IN THE PLA NT 14
119-CANNABIS SATIVA L. THAT IMPART SMELL , TASTE, OR BOTH SMELL AND TA STE. 15
116+ (I) ANY PLANT OR PART OF A PLANT INTENDED FOR A USE 15
117+THAT IS REGULATED UN DER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL 16
118+ARTICLE; OR 17
120119
121- (3) “HEMP” DOES NOT INCLUDE : 16
120+ (II) SYNTHETICALLY MANUFAC TURED CANNABINOIDS . 18
122121
123- (I) ANY ANY PLANT OR PART OF A P LANT INTENDED FOR A USE 17
124-THAT IS REGULATED UN DER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL 18
125-ARTICLE; OR 19
122+ (C) (1) “HEMP PRODUCT ” MEANS A PRODUCT DERI VED FROM HEMP 19
123+PRODUCED IN ACCORDANCE WITH THIS SUBTITLE. 20
126124
127- (II) SYNTHETICALLY MANUFAC TURED CANNABINOIDS . 20
125+ (2) “HEMP PRODUCT ” INCLUDES: 21
128126
129- (C) (1) “HEMP PRODUCT ” MEANS A PRODUCT DERI VED FROM HEMP 21
130-PRODUCED IN ACCORDAN CE WITH THIS SUBTITL E. 22
127+ (I) A PLANT, OR ANY PART OF A PLA NT, WITH A TOTAL 22
128+TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 1% ON A DRY 23
129+WEIGHT BASIS; AND 24
131130
132- (2) “HEMP PRODUCT ” INCLUDES: 23
131+ (II) ACIDIC FORMS OF CANNA BINOIDS EXTRACTED IN A 25
132+COMMERCIAL KITCHEN F ROM THE PLANT CANNABIS SATIVA L., INCLUDING: 26
133133
134- (I) A PLANT, OR ANY PART OF A PLA NT, WITH A TOTAL 24
135-TETRAHYDROCANNABINOL DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 25
136-THAT DOES NOT EXCEED 1% ON A DRY WEIGHT BASI S; AND 26
134+ 1. TETRAHYDROCANNABINOLI C ACID; AND 27
137135
138- (II) ACIDIC FORMS OF CANNA BINOIDS EXTRACTED IN A 27
139-COMMERCIAL KITCHEN F ROM THE PLANT CANNABIS SATIVA L., INCLUDING: 28
136+ 2. CANNABIDIOLIC ACID . 28
140137
141- 1. TETRAHYDROCANNABINOLI C ACID; AND 29
142-
143- 2. CANNABIDIOLIC ACID . 30 4 SENATE BILL 1006
138+ (D) “Program” means the Hemp Farming Program. 29
139+ 4 SENATE BILL 1006
144140
145141
142+14–303.1. 1
146143
147- (D) “Program” means the Hemp Farming Program. 1
144+ (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT 2
145+PRODUCES HEMP OR A H EMP PRODUCT IN ACCOR DANCE WITH THIS SUBT ITLE MAY 3
146+INCLUDE THE HEMP OR HEMP PRODUCT IN CONS UMABLE PRODUCTS FOR SALE BY 4
147+THE PERSON. 5
148148
149-14–303.1. 2
149+ (B) (1) BEFORE A PERSON MAY O FFER FOR SALE A CONS UMABLE 6
150+PRODUCT THAT INCLUDE S HEMP OR A HEMP PRO DUCT, THE PERSON SHALL ENSURE 7
151+THAT THE HEMP OR HEM P PRODUCT IS TESTED BY AN INDEPENDENT TE STING 8
152+LABORATORY TO ENSURE : 9
150153
151- (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT 3
152-PRODUCES HEMP OR A H EMP PRODUCT IN ACCOR DANCE WITH THIS SUBT ITLE MAY 4
153-INCLUDE THE HEMP OR HEMP PRODUCT IN CONS UMABLE PRODUCTS FOR SALE BY 5
154-THE PERSON. 6
154+ (I) THE HEMP OR HEMP PROD UCT MEETS APPLICABLE SAFETY 10
155+STANDARDS; AND 11
155156
156- (B) (1) BEFORE A PERSON MAY O FFER FOR SALE A CONS UMABLE 7
157-PRODUCT THAT INCLUDE S HEMP OR A HEMP PRO DUCT, THE PERSON SHALL ENS URE 8
158-THAT THE HEMP OR HEM P PRODUCT IS TESTED BY AN INDEPENDENT TE STING 9
159-LABORATORY TO ENSURE : 10
157+ (II) THE TOTAL TETRAHYDROC ANNABINOL CONCENTRAT ION 12
158+OF THE HEMP PRODUCT DOES NOT EXCEED 1% ON A DRY WEIGHT BASI S. 13
160159
161- (I) THE HEMP OR HEMP PROD UCT MEETS APPLICA BLE SAFETY 11
162-STANDARDS; AND 12
160+ (2) IF A PERSON PRODUCES A HEMP PRODUCT THAT EXCEEDS A 14
161+TOTAL TETRAHYDROCANN ABINOL CONCENTRATION OF 1% ON A DRY WEIGHT BASI S, 15
162+THE PERSON MAY INCLU DE THE HEMP PRODUCT IN CONSUMABLE PRODUC TS FOR 16
163+SALE BY THE PERSON I F THE HEMP PRODUCT IS DILUTED T O AN ALLOWABLE 17
164+CONCENTRATION BY AN INDEPENDENT TESTING LABORATORY . 18
163165
164- (II) THE TOTAL TETRAHYDROCANN ABINOL 13
165-DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION OF THE HEMP PRODUCT 14
166-DOES NOT EXCEED 1% ON A DRY WEIGHT BASI S. 15
166+14–309. 19
167167
168- (2) IF A PERSON PRODUCES A HEMP PRODUCT THAT EXCEEDS A 16
169-TOTAL TETRAHYDROCANN ABINOL DELTA–9–TETRAHYDROCANNABINOL 17
170-CONCENTRATION OF 1% ON A DRY WEIGHT BASI S, THE PERSON MAY INCLU DE THE 18
171-HEMP PRODUCT IN CONS UMABLE PRODUCTS FOR SALE BY THE PERSON I F THE 19
172-HEMP PRODUCT IS DILU TED TO AN ALLOWABLE CONCENTRATION CONFIRMED BY AN 20
173-INDEPENDENT TESTING LABORATORY . 21
168+ (a) (1) A person may not knowingly: 20
174169
175-14–309. 22
170+ (i) Fail to comply with the Department’s plan for monitoring and 21
171+regulating the production of hemp established under § 14–305 of this subtitle; 22
176172
177- (a) (1) A person may not knowingly: 23
173+ (ii) Misrepresent or fail to provide the legal description of land on 23
174+which hemp is produced; 24
178175
179- (i) Fail to comply with the Department’s plan for monitoring and 24
180-regulating the production of hemp established under § 14–305 of this subtitle; 25
176+ (iii) Produce hemp without a valid license; [or] 25
181177
182- (ii) Misrepresent or fail to provide the legal description of land on 26
183-which hemp is produced; 27
178+ (iv) Produce plants, or any part of a plant, that exceeds a 26
179+delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis; OR 27
184180
185- (iii) Produce hemp without a valid license; [or] 28
181+ (V) PRODUCE A HEMP PRODUC T THAT EXCEEDS A 28
182+TETRAHYDROCANNABINOL CONCENTRATION OF 1% ON A DRY WEIGHT BASI S. 29
186183
187- (iv) Produce plants, or any part of a plant, that exceeds a 29
188-delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis; OR 30
184+ (2) The Department shall report a person that knowingly violates this 30
185+subtitle to the Attorney General and the U.S. Attorney. 31
189186 SENATE BILL 1006 5
190187
191188
192- (V) PRODUCE A HEMP PRODUC T THAT EXCEEDS A 1
193-TETRAHYDROCANNABINOL DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 2
194-OF 1% ON A DRY WEIGHT BASI S. 3
189+ (b) (1) If the Department determines that a person negligently violated this 1
190+subtitle, the Department shall require the person to correct the violation, including 2
191+requiring that: 3
195192
196- (2) The Department shall report a person that knowingly violates this 4
197-subtitle to the Attorney General and the U.S. Attorney. 5
193+ (i) The violation be corrected by a reasonable date; and 4
198194
199- (b) (1) If the Department determines that a person negligently violated this 6
200-subtitle, the Department shall require the person to correct the violation, including 7
201-requiring that: 8
195+ (ii) The person report to the Department, at a frequency determined 5
196+by the Department and for a period of not less than 2 calendar years, to verify compliance 6
197+with this subtitle. 7
202198
203- (i) The violation be corrected by a reasonable date; and 9
199+ (2) If a person is found by the Department to have negligently violated this 8
200+subtitle three times in a 4–year period, the person may not produce hemp in the State for 9
201+a period of 5 years beginning on the date of the third violation. 10
204202
205- (ii) The person report to the Department, at a frequency determined 10
206-by the Department and for a period of not less than 2 calendar years, to verify compliance 11
207-with this subtitle. 12
208-
209- (2) If a person is found by the Department to have negligently violated this 13
210-subtitle three times in a 4–year period, the person may not produce hemp in the State for 14
211-a period of 5 years beginning on the date of the third violation. 15
212-
213- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
214-October 1, 2022. 17
215-
216-
217-
218-
219-Approved:
220-________________________________________________________________________________
221- Governor.
222-________________________________________________________________________________
223- President of the Senate.
224-________________________________________________________________________________
225- Speaker of the House of Delegates.
203+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
204+October 1, 2022. 12