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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1142 By: Fetgatter
AS INTRODUCED
An Act relating to agriculture; creating the Oklahoma
Industrial Hemp Remediation Program; d efining terms;
declaring certain concentration to be deemed a
compliant hemp product; requiring certain hemp
products be destroyed; requiring certain
notification; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3 -601 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Oklahoma
Industrial Hemp Remediation Program".
B. As used in the Oklahoma Industrial Hemp Remediation Program,
the following words and terms, and any derivative of such words or
terms, shall have the following meanings, unless the context clearly
indicates otherwise:
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1. "Cannabis" means a genus of flowering plants in the family
Cannabaceae of which Cannabis sativa is a species, and Cannabis
indica and Cannabis ruderalis are subspecies thereof. Cannabis
refers to any form of the plant in which the delta -9
tetrahydrocannabinol concentration on a dry -weight basis has not yet
been determined;
2. "Certified laboratory" means the laboratory operated by the
Oklahoma Department of Agriculture, Food , and Forestry or a
laboratory located in Oklahoma that is certified by the Department ;
3. "Commercial sale" means the sale of a product in the stream
of commerce at retail, at wholesale or on the Internet ;
4. "CSA" means the federal Controlled Substances Act ;
5. "DEA" means the Un ited States Drug Enforcement
Administration;
6. "Department" means the Oklahoma Department of Agriculture,
Food, and Forestry;
7. "Hemp" means the plant Cannabis sativa L. and any part of
such plant including, but not limited to, the seeds and all
derivatives, extracts, cannabinoids, isomers, acids, salts and salts
of isomers, whether growing or not, and grown from a certified seed
with a delta-9 tetrahydrocannabinol concentration of not more than
three-tenths of one percent (0.3%) on a dry -weight basis. Hemp and
hemp-derived cannabinoids, including cannabidiol, shall be
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considered an agricultural commodity and not a controlled substance
due to the presence of hemp or hemp -derived cannabinoids ;
8. "Hemp Program" means the Oklahoma Hemp Industrial Reform
Program and any final ruling from the USDA ;
9. "Law enforcement" means any federal, state or local agencies
responsible for maintaining public order and enforcing the law ;
10. "License" means the written authorization by the Department
for any person to grow, process, handle or transport certified seeds
or hemp in this state ;
11. "Person" means any natural person or any corporation,
general partnership, limited partnership, limited liability
partnership, limited liability company, trust, estate, charitab le
organization, joint stock company, joint venture, association or any
other business or similar organization recognized by the state ;
12. "Processor" means any person who is licensed by the
Department to process hemp in this state ;
13. "State" means th e State of Oklahoma;
14. "THC" means delta -9 tetrahydrocannabinol, which is a
psychoactive component in cannabis plants ;
15. "Tracking software" means software that is approved by the
Department and is capable of transparently tracking hemp in any
state or form whatsoever including, but not limited to, a certified
seed, any stage of growth, processing or handling, and any hemp
product; and
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16. "USDA" means the United States Department of Agriculture .
C. In the event that any hemp produced under the Hemp Program
is determined by testing results to be noncompliant with the Hemp
Program, the person holding the license for the noncompliant hemp
may request approval from the Department to remediate the
noncompliant hemp.
D. If the Department approves the rem ediation of the
noncompliant hemp, the person holding the license shall promptly
have the noncompliant hemp extracted by a licensed processor into
concentrated form and the hemp concentrate shall be sampled by a
certified laboratory for compliance with USD A levels for THC in
concentrated form.
E. If the samples of the hemp concentrate are below USDA levels
for THC, the hemp concentrate shall be co mpliant as a hemp product
with the Hemp Program and may be used in commercial sales.
F. If the samples of the hemp concentrate are above the USDA
levels for THC, the hemp concentrate shall be noncompliant with the
Hemp Program and shall be destroyed in accordance with the CSA and
DEA regulations found at 21 CFR 1317.15 as enforced by federal,
state and local law e nforcement. The person holding the license for
the noncompliant hemp concentrate shall promptly notify the
Department and USDA of its intent to destroy the noncompliant hemp
concentrate and verify destruction by submitting required
documentation using the tracking software.
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SECTION 2. This act shall become effective November 1, 202 1.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 02/22/2021 - DO PASS.