Section 1 Short title
This Act may be cited as the “Hemp Economic Mobilization Plan Act of 2021” or the “HEMP Act of 2021”.
Hemp Economic Mobilization Plan Act of 2021
A BILL
To amend the Agricultural Marketing Act of 1946 to modify the definition of hemp, and for other purposes.
Sec. 2 Hemp production
Definition of hemp—
In general— Section 297A(1) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o(1)) is amended by striking “0.3 percent” and inserting “1 percent”.
Conforming amendment— Section 297B(e)(2)(A)(iii) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p(e)(2)(A)(iii)) is amended by striking “0.3 percent” and inserting “1 percent”.
Testing for delta-9 THC; documentation during transport—
State and Tribal plans— Section 297B(a)(2)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p(a)(2)(A)) is amended—
in clause (ii)—
by inserting “the measurement of uncertainty of which is not greater than 0.075 percent,” after “methods,”; and
by striking “hemp” and inserting “products derived from hemp plants”;
in clause (vi), by striking “and” at the end;
by redesignating clause (vii) as clause (viii);
by inserting after clause (vi) the following:
“(vii) a requirement that any person transporting hemp shall keep with the shipment of hemp—
“(I) a copy of a valid license or other required authorization from the State department of agriculture or Tribal government, as applicable, or a license from the Secretary, issued to the producer, as is required to be submitted to the Secretary under clause (vi), as applicable, and collected by the Secretary under section 297C(d)(2)(C); or
“(II) a copy of a certificate from a laboratory demonstrating that the hemp contains a delta-9 tetrahydrocannabinol concentration of not more than 1 percent on a dry weight basis; and”
in clause (viii) (as so redesignated), by striking “the practices and procedures described in clauses (i) through (vi)” and inserting “clauses (i) through (vii)”.
Department of Agriculture plan— Section 297C(a)(2) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639q(a)(2)) is amended—
in subparagraph (B)—
by inserting “the measurement of uncertainty of which is not greater than 0.075 percent,” after “methods,”; and
by striking “hemp” and inserting “products derived from hemp plants”;
in subparagraph (E), by striking “and” at the end;
in subparagraph (F), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(G) a requirement that any person transporting hemp shall keep with the shipment of hemp—
“(i) a copy of a valid license or other required authorization from a State department of agriculture or Tribal government, as applicable, or a license from the Secretary, issued to the producer, as is required to be submitted to the Secretary under section 297B(a)(2)(A)(vi), as applicable, and collected by the Secretary under subsection (d)(2)(C); or
“(ii) a copy of a certificate from a laboratory demonstrating that the hemp contains a delta-9 tetrahydrocannabinol concentration of not more than 1 percent on a dry weight basis.”
Conforming revisions to regulations— Not later than 90 days after the date of enactment of this Act, without regard to the notice and comment provisions of section 553 of title 5, United States Code, the Secretary of Agriculture shall revise part 990 of title 7, Code of Federal Regulations, to make any conforming changes that are necessary as a result of this section and the amendments made by this section.