EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb1006*
SENATE BILL 1006
M4 2lr3262
By: Senators Guzzone and Feldman
Introduced and read first time: February 25, 2022
Assigned to: Rules
Re–referred to: Education, Health, and Environmental Affairs, March 7, 2022
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 25, 2022
CHAPTER ______
AN ACT concerning 1
Hemp Farming Program – Use of Hemp and Hemp Products in Consumable 2
Products 3
FOR the purpose of altering the definition of “hemp” and “hemp product” in provisions of 4
law relating to the Hemp Farming Program; authorizing a person that produces 5
hemp or a hemp product in accordance with the Program to include the hemp or 6
hemp product in consumable products for sale by the person under certain 7
circumstances; and generally relating to the use of hemp in consumable products. 8
BY repealing and reenacting, with amendments, 9
Article – Agriculture 10
Section 14–101, 14–201, 14–202(e), 14–301, and 14–309 11
Annotated Code of Maryland 12
(2016 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Agriculture 15
Section 14–303.1 16
Annotated Code of Maryland 17
(2016 Replacement Volume and 2021 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
2 SENATE BILL 1006
Article – Agriculture 1
14–101. 2
(a) In this title the following words have the meanings indicated. 3
(b) “Fund” means the Hemp Farming Fund established under § 14–304 of this 4
title. 5
(c) [(1) “Hemp” means the plant Cannabis sativa L. and any part of that plant, 6
including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, 7
whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not 8
exceed 0.3% on a dry weight basis. 9
(2) “Hemp” does not include any plant or part of a plant intended for a use 10
that is regulated under Title 13, Subtitle 33 of the Health – General Article. 11
(d) “Hemp product” means a product derived from hemp produced in accordance 12
with Subtitle 3 of this title. 13
(e)] “Independent testing laboratory” has the meaning stated in § 13–3301 of the 14
Health – General Article. 15
[(f)] (D) “Institution of higher education” has the meaning stated in the federal 16
Higher Education Act of 1965. 17
14–201. 18
(A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(B) (1) “HEMP” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART 21
OF THAT PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 22
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 23
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 24
0.3% ON A DRY WEIGHT BASI S. 25
(2) “HEMP” DOES NOT INCLUDE ANY PLANT OR PART OF A P LANT 26
INTENDED FOR A USE T HAT IS REGULATED UNDER TITLE 13, SUBTITLE 33 OF THE 27
HEALTH – GENERAL ARTICLE. 28
(C) “Program” means the Hemp Research Pilot Program. 29
14–202. 30
(e) In order to carry out the purpose of the Program: 31 SENATE BILL 1006 3
(1) To the extent necessary, the Department or an institution of higher 1
education may contract with a person to grow or cultivate hemp; and 2
(2) A person that grows or cultivates hemp under the Program may 3
purchase or otherwise obtain seeds that produce plants that meet the definition of “hemp” 4
under [§ 14–101] § 14–201 of this [title] SUBTITLE. 5
14–301. 6
(A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(B) (1) “HEMP” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART 9
OF THAT PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 10
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 11
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 12
0.3% ON A DRY WEIGHT BASI S. 13
(2) “HEMP” INCLUDES COMPOUNDS T HAT OCCUR IN THE PLA NT 14
CANNABIS SATIVA L. THAT IMPART SMELL , TASTE, OR BOTH SMELL AND TA STE. 15
(3) “HEMP” DOES NOT INCLUDE : 16
(I) ANY ANY PLANT OR PART OF A P LANT INTENDED FOR A USE 17
THAT IS REGULATED UN DER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL 18
ARTICLE; OR 19
(II) SYNTHETICALLY MANUFAC TURED CANNABINOIDS . 20
(C) (1) “HEMP PRODUCT ” MEANS A PRODUCT DERI VED FROM HEMP 21
PRODUCED IN ACCORDAN CE WITH THIS SUBTITL E. 22
(2) “HEMP PRODUCT ” INCLUDES: 23
(I) A PLANT, OR ANY PART OF A PLA NT, WITH A TOTAL 24
TETRAHYDROCANNABINOL DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 25
THAT DOES NOT EXCEED 1% ON A DRY WEIGHT BASI S; AND 26
(II) ACIDIC FORMS OF CANNA BINOIDS EXTRACTED IN A 27
COMMERCIAL KITCHEN F ROM THE PLANT CANNABIS SATIVA L., INCLUDING: 28
1. TETRAHYDROCANNABINOLI C ACID; AND 29
2. CANNABIDIOLIC ACID . 30 4 SENATE BILL 1006
(D) “Program” means the Hemp Farming Program. 1
14–303.1. 2
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT 3
PRODUCES HEMP OR A H EMP PRODUCT IN ACCOR DANCE WITH THIS SUBT ITLE MAY 4
INCLUDE THE HEMP OR HEMP PRODUCT IN CONS UMABLE PRODUCTS FOR SALE BY 5
THE PERSON. 6
(B) (1) BEFORE A PERSON MAY O FFER FOR SALE A CONS UMABLE 7
PRODUCT THAT INCLUDE S HEMP OR A HEMP PRO DUCT, THE PERSON SHALL ENS URE 8
THAT THE HEMP OR HEM P PRODUCT IS TESTED BY AN INDEPENDENT TE STING 9
LABORATORY TO ENSURE : 10
(I) THE HEMP OR HEMP PROD UCT MEETS APPLICA BLE SAFETY 11
STANDARDS; AND 12
(II) THE TOTAL TETRAHYDROCANN ABINOL 13
DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION OF THE HEMP PRODUCT 14
DOES NOT EXCEED 1% ON A DRY WEIGHT BASI S. 15
(2) IF A PERSON PRODUCES A HEMP PRODUCT THAT EXCEEDS A 16
TOTAL TETRAHYDROCANN ABINOL DELTA–9–TETRAHYDROCANNABINOL 17
CONCENTRATION OF 1% ON A DRY WEIGHT BASI S, THE PERSON MAY INCLU DE THE 18
HEMP PRODUCT IN CONS UMABLE PRODUCTS FOR SALE BY THE PERSON I F THE 19
HEMP PRODUCT IS DILU TED TO AN ALLOWABLE CONCENTRATION CONFIRMED BY AN 20
INDEPENDENT TESTING LABORATORY . 21
14–309. 22
(a) (1) A person may not knowingly: 23
(i) Fail to comply with the Department’s plan for monitoring and 24
regulating the production of hemp established under § 14–305 of this subtitle; 25
(ii) Misrepresent or fail to provide the legal description of land on 26
which hemp is produced; 27
(iii) Produce hemp without a valid license; [or] 28
(iv) Produce plants, or any part of a plant, that exceeds a 29
delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis; OR 30
SENATE BILL 1006 5
(V) PRODUCE A HEMP PRODUC T THAT EXCEEDS A 1
TETRAHYDROCANNABINOL DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 2
OF 1% ON A DRY WEIGHT BASI S. 3
(2) The Department shall report a person that knowingly violates this 4
subtitle to the Attorney General and the U.S. Attorney. 5
(b) (1) If the Department determines that a person negligently violated this 6
subtitle, the Department shall require the person to correct the violation, including 7
requiring that: 8
(i) The violation be corrected by a reasonable date; and 9
(ii) The person report to the Department, at a frequency determined 10
by the Department and for a period of not less than 2 calendar years, to verify compliance 11
with this subtitle. 12
(2) If a person is found by the Department to have negligently violated this 13
subtitle three times in a 4–year period, the person may not produce hemp in the State for 14
a period of 5 years beginning on the date of the third violation. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2022. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.