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.
*sb0508*
SENATE BILL 508
M4 3lr1071
SB 1006/22 – EHE CF HB 1067
By: Senators Elfreth and Feldman
Introduced and read first time: February 3, 2023
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 8, 2023
CHAPTER ______
AN ACT concerning 1
Hemp Farming Program – Use of Hemp and Hemp Products in Consumable 2
Hemp Products 3
FOR the purpose of altering the definitions 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 to produce consumable hemp products for sale 7
by the person under certain circumstances; and generally relating to the use of hemp 8
in consumable consumable hemp products. 9
BY repealing and reenacting, with amendments, 10
Article – Agriculture 11
Section 14–101, 14–201, 14–202(e), 14–301, 14–301 and 14–309 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2022 Supplement) 14
BY adding to 15
Article – Agriculture 16
Section 14–303.1 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
2 SENATE BILL 508
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 IN CLUDE ANY PLANT OR P ART OF A PLANT 26
INTENDED FOR A USE T HAT IS REGULATED UND ER 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 508 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 COMPOUN DS THAT OCCUR IN THE PLANT 14
CANNABIS SATIVA L. THAT IMPART SMELL , TASTE, OR BOTH SMELL AND TA STE. 15
(3) “HEMP” DOES NOT INCLUDE ANY PLANT OR PART OF A PLANT 16
INTENDED FOR A USE T HAT IS REGULATED UND ER TITLE 13, SUBTITLE 33 OF THE 17
HEALTH – GENERAL ARTICLE. 18
(C) (1) “HEMP PRODUCT ” MEANS A PRODUCT DERI VED FROM HEMP 19
PRODUCED IN ACCORDAN CE WITH THIS SUBTITL E. 20
(2) “HEMP PRODUCT ” INCLUDES: 21
(I) A PLANT, OR ANY PART OF A PLA NT, WITH A 22
DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 1% 23
ON A DRY WEIGHT BASIS ; AND 24
(II) ACIDIC FORMS OF CANNA BINOIDS EXTRACTED IN A 25
COMMERCIAL KITCHEN F ROM THE PLANT CANNABIS SATIVA L., INCLUDING: 26
1. TETRAHYDROCANNABINOLI C ACID; AND 27
2. CANNABIDIOLIC ACID . 28
(B) (1) “CONSUMABLE HEMP PRODU CT” MEANS A PRODUCT INTE NDED 29
FOR HUMAN CONSUMPTIO N THAT: 30
4 SENATE BILL 508
(I) IS DERIVED FROM HEMP ; AND 1
(II) CONTAINS NOT MORE THA N 0.5 MILLIGRAMS OF 2
TETRAHYDROCANNABINOL PER SERVING OR 2.5 MILLIGRAMS OF 3
TETRAHYDROCANNABINOL PER PACKAGE . 4
(2) “CONSUMABLE HEMP PRODU CT” INCLUDES THE ACIDIC FORMS 5
OF CANNABINOIDS EXTR ACTED FROM HEMP , INCLUDING: 6
(I) TETRAHYDROCANNABINOLI C ACID; AND 7
(II) CANNABIDIOLIC ACID . 8
(D) (C) “Program” means the Hemp Farming Program. 9
14–303.1. 10
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT 11
PRODUCES HEMP OR A H EMP PRODUCT IN ACCOR DANCE WITH THIS SUBT ITLE MAY 12
INCLUDE THE HEMP OR HEMP PRODUCT IN CONS UMABLE PRODUCTS MAY PRODUCE 13
CONSUMABLE HEMP PROD UCTS FOR SALE BY THE PERS ON. 14
(B) (1) BEFORE A PERSON MAY O FFER FOR SALE A CONS UMABLE HEMP 15
PRODUCT THAT INCLUDES HEMP O R A HEMP PRODUCT , THE PERSON SHALL ENS URE 16
THAT THE HEMP OR CONSUMABLE HEMP PRODUCT IS TEST ED BY AN INDEPENDENT 17
A STATE–AUTHORIZED CANNABIS OR HEMP TESTING LABORATORY T O ENSURE: 18
(I) (1) THE HEMP OR CONSUMABLE HEMP PRODUCT MEETS 19
APPLICABLE SAFETY ST ANDARDS; AND 20
(II) (2) THE DELTA –9–TETRAHYDROCANNABINOL 21
CONCENTRATION OF THE HEMP PRODUCT DOES NO T EXCEED 1% ON A DRY WEIGHT 22
BASIS THE TETRAHYDROCANNABI NOL CONTENT OF THE CONSUMABLE HEMP 23
PRODUCT DOES NOT EXC EED 0.5 MILLIGRAMS OF TETRAH YDROCANNABINOL PER 24
SERVING OR 2.5 MILLIGRAMS OF TETRAH YDROCANNABINOL PER P ACKAGE. 25
(2) IF A PERSON PRODUCES A HEMP PRODUCT THAT EXCEEDS A 26
DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION OF 1% ON A DRY WEIGHT 27
BASIS, THE PERSON MAY INCLU DE THE HEMP PRODUCT IN CONSUMABLE PRODUC TS 28
FOR SALE BY THE PERS ON IF THE HEMP PRODU CT IS DILUTED TO AN ALLOWABLE 29
CONCENTRATION CONFIR MED BY AN INDEPENDEN T TESTING LABORATORY . 30
14–309. 31
SENATE BILL 508 5
(a) (1) A person may not knowingly: 1
(i) Fail to comply with the Department’s plan for monitoring and 2
regulating the production of hemp established under § 14–305 of this subtitle; 3
(ii) Misrepresent or fail to provide the legal description of land on 4
which hemp is produced; 5
(iii) Produce hemp without a valid license; [or] 6
(iv) Produce plants, or any part of a plant, that exceeds a 7
delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis; OR 8
(V) PRODUCE A CONSUMABLE HEMP PRODUCT THAT EXCEEDS 9
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION OF 1% ON A DRY WEIGHT 10
BASIS WITH A TETRAHYDROCAN NABINOL CONTENT THAT EXCEEDS 0.5 MILLIGRAMS 11
OF TETRAHYDROCANNABI NOL PER SERVING OR 2.5 MILLIGRAMS OF 12
TETRAHYDROCANNABINOL PER PACKAGE . 13
(2) The Department shall report a person that knowingly violates this 14
subtitle to the Attorney General and the U.S. Attorney. 15
(b) (1) If the Department determines that a person negligently violated this 16
subtitle, the Department shall require the person to correct the violation, including 17
requiring that: 18
(i) The violation be corrected by a reasonable date; and 19
(ii) The person report to the Department, at a frequency determined 20
by the Department and for a period of not less than 2 calendar years, to verify compliance 21
with this subtitle. 22
(2) If a person is found by the Department to have negligently violated this 23
subtitle three times in a 4–year period, the person may not produce hemp in the State for 24
a period of 5 years beginning on the date of the third violation. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26
1, 2023. 27