Maryland 2023 Regular Session

Maryland House Bill HB1067 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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	5	hb1067
6	6
7	7	HOUSE BILL 1067
8	8	M4 3lr1200
9	9	SB 1006/22 – EHE CF SB 508
10	10	By: Delegates Fraser–Hidalgo, Barve, Howard, and Love
11	11	Introduced and read first time: February 10, 2023
12	12	Assigned to: Economic Matters and Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Hemp Farming Program – Use of Hemp and Hemp Products in Consumable 2
19	19	Products 3
20	20
21	21	FOR the purpose of altering the definitions of “hemp” and “hemp product” in provisions of 4
22	22	law relating to the Hemp Farming Program; authorizing a person that produces 5
23	23	hemp or a hemp product in accordance with the Program to include the hemp or 6
24	24	hemp product in consumable products for sale by the person under certain 7
25	25	circumstances; and generally relating to the use of hemp in consumable products. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Agriculture 10
29	29	Section 14–101, 14–201, 14–202(e), 14–301, and 14–309 11
30	30	Annotated Code of Maryland 12
31	31	(2016 Replacement Volume and 2022 Supplement) 13
32	32
33	33	BY adding to 14
34	34	Article – Agriculture 15
35	35	Section 14–303.1 16
36	36	Annotated Code of Maryland 17
37	37	(2016 Replacement Volume and 2022 Supplement) 18
38	38
39	39	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
40	40	That the Laws of Maryland read as follows: 20
41	41
42	42	Article – Agriculture 21
43	43
44	44	14–101. 22
45	45
46	46	(a) In this title the following words have the meanings indicated. 23
47	47
48	48	(b) “Fund” means the Hemp Farming Fund established under § 14–304 of this 24 2 HOUSE BILL 1067
49	49
50	50
51	51	title. 1
52	52
53	53	(c) [(1) “Hemp” means the plant Cannabis sativa L. and any part of that plant, 2
54	54	including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, 3
55	55	whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not 4
56	56	exceed 0.3% on a dry weight basis. 5
57	57
58	58	(2) “Hemp” does not include any plant or part of a plant intended for a use 6
59	59	that is regulated under Title 13, Subtitle 33 of the Health – General Article. 7
60	60
61	61	(d) “Hemp product” means a product derived from hemp produced in accordance 8
62	62	with Subtitle 3 of this title. 9
63	63
64	64	(e)] “Independent testing laboratory” has the meaning stated in § 13–3301 of the 10
65	65	Health – General Article. 11
66	66
67	67	[(f)] (D) “Institution of higher education” has the meaning stated in the federal 12
68	68	Higher Education Act of 1965. 13
69	69
70	70	14–201. 14
71	71
72	72	(A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 15
73	73	INDICATED. 16
74	74
75	75	(B) (1) “HEMP” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART 17
76	76	OF THAT PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 18
77	77	ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 19
78	78	A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 20
79	79	0.3% ON A DRY WEIGHT BASI S. 21
80	80
81	81	(2) “HEMP” DOES NOT INCLUDE ANY PLANT OR PART OF A P LANT 22
82	82	INTENDED FOR A USE T HAT IS REGULATED UND ER TITLE 13, SUBTITLE 33 OF THE 23
83	83	HEALTH – GENERAL ARTICLE. 24
84	84
85	85	(C) “Program” means the Hemp Research Pilot Program. 25
86	86
87	87	14–202. 26
88	88
89	89	(e) In order to carry out the purpose of the Program: 27
90	90
91	91	(1) To the extent necessary, the Department or an institution of higher 28
92	92	education may contract with a person to grow or cultivate hemp; and 29
93	93
94	94	(2) A person that grows or cultivates hemp under the Program may 30
95	95	purchase or otherwise obtain seeds that produce plants that meet the definition of “hemp” 31
96	96	under [§ 14–101] § 14–201 of this [title] SUBTITLE. 32 HOUSE BILL 1067 3
97	97
98	98
99	99
100	100	14–301. 1
101	101
102	102	(A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 2
103	103	INDICATED. 3
104	104
105	105	(B) (1) “HEMP” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART 4
106	106	OF THAT PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 5
107	107	ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 6
108	108	A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 7
109	109	0.3% ON A DRY WEIGHT BASI S. 8
110	110
111	111	(2) “HEMP” INCLUDES COMPOUNDS T HAT OCCUR IN THE PLA NT 9
112	112	CANNABIS SATIVA L. THAT IMPART SMELL , TASTE, OR BOTH SMELL AND TA STE. 10
113	113
114	114	(3) “HEMP” DOES NOT INCLUDE ANY PLANT OR PART OF A PL ANT 11
115	115	INTENDED FOR A USE T HAT IS REGULATED UND ER TITLE 13, SUBTITLE 33 OF THE 12
116	116	HEALTH – GENERAL ARTICLE. 13
117	117
118	118	(C) (1) “HEMP PRODUCT ” MEANS A PRODUCT DERI VED FROM HEMP 14
119	119	PRODUCED IN ACCORDAN CE WITH THIS SUBTITL E. 15
120	120
121	121	(2) “HEMP PRODUCT ” INCLUDES: 16
122	122
123	123	(I) A PLANT, OR ANY PART OF A PLA NT, WITH A 17
124	124	DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 1% 18
125	125	ON A DRY WEIGHT BASI S; AND 19
126	126
127	127	(II) ACIDIC FORMS OF CANNA BINOIDS EXTRACTED IN A 20
128	128	COMMERCIAL KITCHEN F ROM THE PLANT CANNABIS SATIVA L., INCLUDING: 21
129	129
130	130	1. TETRAHYDROCANNABINOLI C ACID; AND 22
131	131
132	132	2. CANNABIDIOLIC ACID . 23
133	133
134	134	(D) “Program” means the Hemp Farming Program. 24
135	135
136	136	14–303.1. 25
137	137
138	138	(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT 26
139	139	PRODUCES HEMP OR A H EMP PRODUCT IN ACCOR DANCE WITH THIS SUBT ITLE MAY 27
140	140	INCLUDE THE HEMP OR HEMP PRODUCT IN CONS UMABLE PRODUCTS FOR SALE BY 28
141	141	THE PERSON. 29
142	142
143	143	(B) (1) BEFORE A PERSON MAY O FFER FOR SALE A CONS UMABLE 30 4 HOUSE BILL 1067
144	144
145	145
146	146	PRODUCT THAT INCLUDE S HEMP OR A HEMP PRO DUCT, THE PERSON SHALL ENS URE 1
147	147	THAT THE HEMP OR HEM P PRODUCT IS TESTED BY AN INDEPENDENT TE STING 2
148	148	LABORATORY TO ENSURE : 3
149	149
150	150	(I) THE HEMP OR HEMP PROD UCT MEETS APPLICABLE SAFETY 4
151	151	STANDARDS; AND 5
152	152
153	153	(II) THE DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 6
154	154	OF THE HEMP PRODUCT DOES NOT EXCEED 1% ON A DRY WEIGHT BASI S. 7
155	155
156	156	(2) IF A PERSON PRODUCES A HE MP PRODUCT THAT EXCE EDS A 8
157	157	DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION OF 1% ON A DRY WEIGHT 9
158	158	BASIS, THE PERSON MAY INCLU DE THE HEMP PRODUCT IN CONSUMABLE PRODUC TS 10
159	159	FOR SALE BY THE PERS ON IF THE HEMP PRODU CT IS DILUTED TO AN ALLOWABLE 11
160	160	CONCENTRATION CONFIRMED BY AN INDEPENDENT TE STING LABORATORY . 12
161	161
162	162	14–309. 13
163	163
164	164	(a) (1) A person may not knowingly: 14
165	165
166	166	(i) Fail to comply with the Department’s plan for monitoring and 15
167	167	regulating the production of hemp established under § 14–305 of this subtitle; 16
168	168
169	169	(ii) Misrepresent or fail to provide the legal description of land on 17
170	170	which hemp is produced; 18
171	171
172	172	(iii) Produce hemp without a valid license; [or] 19
173	173
174	174	(iv) Produce plants, or any part of a plant, that exceeds a 20
175	175	delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis; OR 21
176	176
177	177	(V) PRODUCE A HEMP PRODUC T THAT EXCEEDS A 22
178	178	DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION OF 1% ON A DRY WEIGHT 23
179	179	BASIS. 24
180	180
181	181	(2) The Department shall report a person that knowingly violates this 25
182	182	subtitle to the Attorney General and the U.S. Attorney. 26
183	183
184	184	(b) (1) If the Department determines that a person negligently violated this 27
185	185	subtitle, the Department shall require the person to correct the violation, including 28
186	186	requiring that: 29
187	187
188	188	(i) The violation be corrected by a reasonable date; and 30
189	189
190	190	(ii) The person report to the Department, at a frequency determined 31
191	191	by the Department and for a period of not less than 2 calendar years, to verify compliance 32 HOUSE BILL 1067 5
192	192
193	193
194	194	with this subtitle. 1
195	195
196	196	(2) If a person is found by the Department to have negligently violated this 2
197	197	subtitle three times in a 4–year period, the person may not produce hemp in the State for 3
198	198	a period of 5 years beginning on the date of the third violation. 4
199	199
200	200	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
201	201	October 1, 2023. 6
202	202
203	203