Section 1 Short title
This Act may be cited as the “Hemp Safety Enforcement Act”.
Hemp Safety Enforcement Act
A BILL
To amend the Agricultural Marketing Act of 1946 to maintain certain State and Tribal laws relating to hemp, and for other purposes.
Sec. 2 Hemp production
Definition of hemp— Section 297A(1) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o(1)) (as amended by section 781 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (7 U.S.C. 1639o note; Public Law 119–37)), is amended by adding at the end the following:
“(D) Maintenance of State and Tribal laws—Notwithstanding any other provision of this paragraph, with respect to a State or Indian tribe that submits a notice under section 297B(a)(3)(A)(i), the terms hemp and hemp-derived cannabinoid product have the meanings given those terms, or to related terms concerning the plant Cannabis sativa L. and products derived therefrom, in State or Tribal law, except that the State or Indian tribe shall comply with the exclusion from the definition in subparagraph (C)(iv)(I).”
Self-Regulation by States and Indian tribes— Section 297B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p) is amended—
in subsection (a)—
in paragraph (1), by striking “A State” and inserting “Except as provided in paragraph (3)(A), a State”; and
in paragraph (3)—
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;
by inserting before subparagraph (B) (as so redesignated) the following:
“(A) Self-regulation by States and Indian tribes
“(i) In general—In lieu of submitting a plan under paragraph (1), a State or Indian tribe desiring to have primary regulatory authority over the production of hemp and hemp-derived cannabinoid products in the State or territory of the Indian tribe may submit to the Secretary, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, a notice that the State or Indian tribe elects not to be subject to this subtitle.
“(ii) Requirement for effect—On submission of a notice under clause (i) by a State or Indian tribe, the State or Indian tribe shall not be subject to this subtitle, subject to the condition that the State or Indian tribe shall implement a minimum age requirement for the purchase of hemp-derived cannabinoid products.
“(iii) Interstate commerce
“(I) Rule of construction—Nothing in this subtitle prohibits the interstate commerce of hemp or hemp-derived cannabinoid products to or from a State or territory of an Indian tribe that is not subject to this subtitle pursuant to clause (ii).
“(II) Transportation—No State or Indian tribe shall prohibit the interstate commerce of hemp or hemp-derived cannabinoid products to or from a State or territory of an Indian tribe that is not subject to this subtitle pursuant to clause (ii).
“(III) Between certain States and Indian tribes—In the case of the interstate commerce of hemp or hemp-derived cannabinoid products between 2 States, between the territories of 2 Indian tribes, or between a State and the territory of an Indian tribe that are not subject to this subtitle pursuant to clause (ii), the hemp or hemp-derived cannabinoid products shall be required to comply with the laws (including regulations) of both States, both Indian tribes, or the State and the Indian tribe, as applicable.”
in subparagraph (B) (as so redesignated), by striking “that—” in the matter preceding clause (i) and all that follows through the period at the end of clause (ii) and inserting “that regulates the production of hemp.”; and
in subsection (f)(1), by striking “if the production” and inserting the following: “if—
“(A) the State or Indian tribe is not subject to this subtitle pursuant to subsection (a)(3)(A); or
“(B) the production”
Exemption from Department of Agriculture plan— Section 297C of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639q) is amended, in subsections (a)(1) and (c)(1), by striking “In the case” each place it appears and inserting “Except as provided in section 297B(a)(3)(A), in the case”.
Effective date— The amendments made by this section shall take effect on the effective date of the amendments made by section 781 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (7 U.S.C. 1639o note; Public Law 119–37).