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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [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. | |
8 | 5 | *sb1006* | |
9 | 6 | ||
10 | 7 | SENATE BILL 1006 | |
11 | 8 | M4 2lr3262 | |
12 | 9 | ||
13 | 10 | By: Senators Guzzone and Feldman | |
14 | 11 | Introduced and read first time: February 25, 2022 | |
15 | 12 | 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 | |
20 | 13 | ||
21 | - | ||
14 | + | A BILL ENTITLED | |
22 | 15 | ||
23 | 16 | AN ACT concerning 1 | |
24 | 17 | ||
25 | 18 | Hemp Farming Program – Use of Hemp and Hemp Products in Consumable 2 | |
26 | 19 | Products 3 | |
27 | 20 | ||
28 | 21 | FOR the purpose of altering the definition of “hemp” and “hemp product” in provisions of 4 | |
29 | 22 | law relating to the Hemp Farming Program; authorizing a person that produces 5 | |
30 | 23 | hemp or a hemp product in accordance with the Program to include the hemp or 6 | |
31 | 24 | hemp product in consumable products for sale by the person under certain 7 | |
32 | 25 | circumstances; and generally relating to the use of hemp in consumable products. 8 | |
33 | 26 | ||
34 | 27 | BY repealing and reenacting, with amendments, 9 | |
35 | 28 | Article – Agriculture 10 | |
36 | 29 | Section 14–101, 14–201, 14–202(e), 14–301, and 14–309 11 | |
37 | 30 | Annotated Code of Maryland 12 | |
38 | 31 | (2016 Replacement Volume and 2021 Supplement) 13 | |
39 | 32 | ||
40 | 33 | BY adding to 14 | |
41 | 34 | Article – Agriculture 15 | |
42 | 35 | Section 14–303.1 16 | |
43 | 36 | Annotated Code of Maryland 17 | |
44 | 37 | (2016 Replacement Volume and 2021 Supplement) 18 | |
45 | 38 | ||
46 | 39 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 | |
47 | 40 | 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 | |
48 | 47 | 2 SENATE BILL 1006 | |
49 | 48 | ||
50 | 49 | ||
51 | - | Article – Agriculture 1 | |
50 | + | (b) “Fund” means the Hemp Farming Fund established under § 14–304 of this 1 | |
51 | + | title. 2 | |
52 | 52 | ||
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 | |
54 | 57 | ||
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 | |
56 | 60 | ||
57 | - | ( | |
58 | - | title. | |
61 | + | (d) “Hemp product” means a product derived from hemp produced in accordance 9 | |
62 | + | with Subtitle 3 of this title. 10 | |
59 | 63 | ||
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 | |
64 | 66 | ||
65 | - | ( | |
66 | - | ||
67 | + | [(f)] (D) “Institution of higher education” has the meaning stated in the federal 13 | |
68 | + | Higher Education Act of 1965. 14 | |
67 | 69 | ||
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 | |
70 | 71 | ||
71 | - | ( | |
72 | - | ||
72 | + | (A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 16 | |
73 | + | INDICATED. 17 | |
73 | 74 | ||
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 | |
76 | 80 | ||
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 | |
78 | 84 | ||
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 | |
81 | 86 | ||
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 | |
87 | 88 | ||
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 | |
91 | 90 | ||
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 | |
97 | 94 | ||
98 | 95 | ||
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 | |
99 | 99 | ||
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 | |
102 | 101 | ||
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 | |
106 | 104 | ||
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 | |
108 | 110 | ||
109 | - | ( | |
110 | - | ||
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 | |
111 | 113 | ||
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 | |
117 | 115 | ||
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 | |
120 | 119 | ||
121 | - | ( | |
120 | + | (II) SYNTHETICALLY MANUFAC TURED CANNABINOIDS . 18 | |
122 | 121 | ||
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 | |
126 | 124 | ||
127 | - | ( | |
125 | + | (2) “HEMP PRODUCT ” INCLUDES: 21 | |
128 | 126 | ||
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 | |
131 | 130 | ||
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 | |
133 | 133 | ||
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 | |
137 | 135 | ||
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 | |
140 | 137 | ||
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 | |
144 | 140 | ||
145 | 141 | ||
142 | + | 14–303.1. 1 | |
146 | 143 | ||
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 | |
148 | 148 | ||
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 | |
150 | 153 | ||
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 | |
155 | 156 | ||
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 | |
160 | 159 | ||
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 | |
163 | 165 | ||
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 | |
167 | 167 | ||
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 | |
174 | 169 | ||
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 | |
176 | 172 | ||
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 | |
178 | 175 | ||
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 | |
181 | 177 | ||
182 | - | ( | |
183 | - | ||
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 | |
184 | 180 | ||
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 | |
186 | 183 | ||
187 | - | ( | |
188 | - | ||
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 | |
189 | 186 | SENATE BILL 1006 5 | |
190 | 187 | ||
191 | 188 | ||
192 | - | ( | |
193 | - | ||
194 | - | ||
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 | |
195 | 192 | ||
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 | |
198 | 194 | ||
199 | - | ( | |
200 | - | ||
201 | - | ||
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 | |
202 | 198 | ||
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 | |
204 | 202 | ||
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 |