---
kind: "section"
citation: "7 U.S.C. § 1639p"
title: "7"
title_heading: "Agriculture"
number: "1639p"
heading: "State and tribal plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/1639p"
units:
  - "Chapter 38 — Distribution and Marketing of Agricultural Products"
  - "Subchapter VII — Hemp Production"
---

# §1639p. State and tribal plans

- (a) **Submission—**
  - (1) **In general—** A [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) desiring to have primary regulatory authority over the production of [hemp](/usc/7/1639o.md?p=1) in the [State](/usc/7/1639o.md?p=4) or territory of the [Indian tribe](/usc/7/1639o.md?p=2) shall submit to the [Secretary](/usc/7/1639.md?p=3), through the [State department of agriculture](/usc/7/1639o.md?p=5) (in consultation with the Governor and chief law enforcement officer of the [State](/usc/7/1639o.md?p=4)) or the [Tribal government](/usc/7/1639o.md?p=6), as applicable, a plan under which the [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) monitors and regulates that production as described in [paragraph (2)](#a-2).
  - (2) **Contents—** A [State](/usc/7/1639o.md?p=4) or Tribal plan referred to in [paragraph (1)](#a-1)—
    - (A) shall only be required to include—
      - (i) a practice to maintain relevant information regarding land on which [hemp](/usc/7/1639o.md?p=1) is produced in the [State](/usc/7/1639o.md?p=4) or territory of the [Indian tribe](/usc/7/1639o.md?p=2), including a legal description of the land, for a period of not less than 3 calendar years;
      - (ii) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of [hemp](/usc/7/1639o.md?p=1) produced in the [State](/usc/7/1639o.md?p=4) or territory of the [Indian tribe](/usc/7/1639o.md?p=2);
      - (iii) a procedure for the effective disposal of—
        - (I) plants, whether growing or not, that are produced in violation of this subchapter; and
        - (II) products derived from those plants;
      - (iv) a procedure to comply with the enforcement procedures under [subsection (e)](#e);
      - (v) a procedure for conducting annual inspections of, at a minimum, a random sample of [hemp](/usc/7/1639o.md?p=1) producers to verify that [hemp](/usc/7/1639o.md?p=1) is not produced in violation of this subchapter;
      - (vi) a procedure for submitting the information described in [section 1639q(d)(2) of this title](/usc/7/1639q.md?p=d-2), as applicable, to the [Secretary](/usc/7/1639.md?p=3) not more than 30 days after the date on which the information is received; and
      - (vii) a certification that the [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) has the resources and personnel to carry out the practices and procedures described in clauses [(i)](#a-2-A-i) through [(vi)](#a-2-A-vi); and
    - (B) may include any other practice or procedure established by a [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2), as applicable, to the extent that the practice or procedure is consistent with this subchapter.
  - (3) **Relation to State and tribal law—**
    - (A) **No preemption—** Nothing in this subsection preempts or limits any law of a [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) that—
      - (i) regulates the production of [hemp](/usc/7/1639o.md?p=1); and
      - (ii) is more stringent than this subchapter.
    - (B) **References in plans—** A [State](/usc/7/1639o.md?p=4) or Tribal plan referred to in [paragraph (1)](#a-1) may include a reference to a law of the [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) regulating the production of [hemp](/usc/7/1639o.md?p=1), to the extent that law is consistent with this subchapter.
- (b) **Approval—**
  - (1) **In general—** Not later than 60 days after receipt of a [State](/usc/7/1639o.md?p=4) or Tribal plan under [subsection (a)](#a), the [Secretary](/usc/7/1639.md?p=3) shall—
    - (A) approve the [State](/usc/7/1639o.md?p=4) or Tribal plan if the [State](/usc/7/1639o.md?p=4) or Tribal plan complies with [subsection (a)](#a); or
    - (B) disapprove the [State](/usc/7/1639o.md?p=4) or Tribal plan only if the [State](/usc/7/1639o.md?p=4) or Tribal plan does not comply with [subsection (a)](#a).
  - (2) **Amended plans—** If the [Secretary](/usc/7/1639.md?p=3) disapproves a [State](/usc/7/1639o.md?p=4) or Tribal plan under [paragraph (1)(B)](#b-1-B), the [State](/usc/7/1639o.md?p=4), through the [State department of agriculture](/usc/7/1639o.md?p=5) (in consultation with the Governor and chief law enforcement officer of the [State](/usc/7/1639o.md?p=4)) or the [Tribal government](/usc/7/1639o.md?p=6), as applicable, may submit to the [Secretary](/usc/7/1639.md?p=3) an amended [State](/usc/7/1639o.md?p=4) or Tribal plan that complies with [subsection (a)](#a).
  - (3) **Consultation—** The [Secretary](/usc/7/1639.md?p=3) shall consult with the Attorney General in carrying out this subsection.
- (c) **Audit of State compliance—**
  - (1) **In general—** The [Secretary](/usc/7/1639.md?p=3) may conduct an audit of the compliance of a [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) with a [State](/usc/7/1639o.md?p=4) or Tribal plan approved under [subsection (b)](#b).
  - (2) **Noncompliance—** If the [Secretary](/usc/7/1639.md?p=3) determines under an audit conducted under [paragraph (1)](#c-1) that a [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) is not materially in compliance with a [State](/usc/7/1639o.md?p=4) or Tribal plan—
    - (A) the [Secretary](/usc/7/1639.md?p=3) shall collaborate with the [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) to develop a corrective action plan in the case of a first instance of noncompliance; and
    - (B) the [Secretary](/usc/7/1639.md?p=3) may revoke approval of the [State](/usc/7/1639o.md?p=4) or Tribal plan in the case of a second or subsequent instance of noncompliance.
- (d) **Technical assistance—** The [Secretary](/usc/7/1639.md?p=3) may provide technical assistance to a [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) in the development of a [State](/usc/7/1639o.md?p=4) or Tribal plan under [subsection (a)](#a).
- (e) **Violations—**
  - (1) **In general—** A violation of a [State](/usc/7/1639o.md?p=4) or Tribal plan approved under [subsection (b)](#b) shall be subject to enforcement solely in accordance with this subsection.
  - (2) **Negligent violation—**
    - (A) **In general—** A [hemp](/usc/7/1639o.md?p=1) producer in a [State](/usc/7/1639o.md?p=4) or the territory of an [Indian tribe](/usc/7/1639o.md?p=2) for which a [State](/usc/7/1639o.md?p=4) or Tribal plan is approved under [subsection (b)](#b) shall be subject to subparagraph (B) of this paragraph if the [State department of agriculture](/usc/7/1639o.md?p=5) or [Tribal government](/usc/7/1639o.md?p=6), as applicable, determines that the [hemp](/usc/7/1639o.md?p=1) producer has negligently violated the [State](/usc/7/1639o.md?p=4) or Tribal plan, including by negligently—
      - (i) failing to provide a legal description of land on which the producer produces [hemp](/usc/7/1639o.md?p=1);
      - (ii) failing to obtain a license or other required authorization from the [State department of agriculture](/usc/7/1639o.md?p=5) or [Tribal government](/usc/7/1639o.md?p=6), as applicable; or
      - (iii) producing Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis.
    - (B) **Corrective action plan—** A [hemp](/usc/7/1639o.md?p=1) producer described in [subparagraph (A)](#e-2-A) shall comply with a plan established by the [State department of agriculture](/usc/7/1639o.md?p=5) or [Tribal government](/usc/7/1639o.md?p=6), as applicable, to correct the negligent violation, including—
      - (i) a reasonable date by which the [hemp](/usc/7/1639o.md?p=1) producer shall correct the negligent violation; and
      - (ii) a requirement that the [hemp](/usc/7/1639o.md?p=1) producer shall periodically report to the [State department of agriculture](/usc/7/1639o.md?p=5) or [Tribal government](/usc/7/1639o.md?p=6), as applicable, on the compliance of the [hemp](/usc/7/1639o.md?p=1) producer with the [State](/usc/7/1639o.md?p=4) or Tribal plan for a period of not less than the next 2 calendar years.
    - (C) **Result of negligent violation—** A [hemp](/usc/7/1639o.md?p=1) producer that negligently violates a [State](/usc/7/1639o.md?p=4) or Tribal plan under [subparagraph (A)](#e-2-A) shall not as a result of that violation be subject to any criminal enforcement action by the Federal Government or any [State](/usc/7/1639o.md?p=4) government, [Tribal government](/usc/7/1639o.md?p=6), or local government.
    - (D) **Repeat violations—** A [hemp](/usc/7/1639o.md?p=1) producer that negligently violates a [State](/usc/7/1639o.md?p=4) or Tribal plan under [subparagraph (A)](#e-2-A) 3 times in a 5-year period shall be ineligible to produce [hemp](/usc/7/1639o.md?p=1) for a period of 5 years beginning on the date of the third violation.
  - (3) **Other violations—**
    - (A) **In general—** If the [State department of agriculture](/usc/7/1639o.md?p=5) or [Tribal government](/usc/7/1639o.md?p=6) in a [State](/usc/7/1639o.md?p=4) or the territory of an [Indian tribe](/usc/7/1639o.md?p=2) for which a [State](/usc/7/1639o.md?p=4) or Tribal plan is approved under [subsection (b)](#b), as applicable, determines that a [hemp](/usc/7/1639o.md?p=1) producer in the [State](/usc/7/1639o.md?p=4) or territory has violated the [State](/usc/7/1639o.md?p=4) or Tribal plan with a culpable mental [state](/usc/7/1639o.md?p=4) greater than negligence—
      - (i) the [State department of agriculture](/usc/7/1639o.md?p=5) or [Tribal government](/usc/7/1639o.md?p=6), as applicable, shall immediately report the [hemp](/usc/7/1639o.md?p=1) producer to—
        - (I) the Attorney General; and
        - (II) the chief law enforcement officer of the [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2), as applicable; and
      - (ii) paragraph (1) of this subsection shall not apply to the violation.
    - (B) **Felony—**
      - (i) **In general—** Except as provided in [clause (ii)](#e-3-B-ii), any [person](/usc/7/499a.md?p=b-1) convicted of a felony relating to a controlled substance under [State](/usc/7/1639o.md?p=4) or Federal law before, on, or after December 20, 2018, shall be ineligible, during the 10-year period following the date of the conviction—
        - (I) to participate in the program established under this section or [section 1639q of this title](/usc/7/1639q.md); and
        - (II) to produce [hemp](/usc/7/1639o.md?p=1) under any regulations or guidelines issued under [section 1639r(a) of this title](/usc/7/1639r.md?p=a).
      - (ii) **Exception—** [Clause (i)](#e-3-B-i) shall not apply to any [person](/usc/7/499a.md?p=b-1) growing [hemp](/usc/7/1639o.md?p=1) lawfully with a license, registration, or authorization under a pilot program authorized by [section 5940 of this title](/usc/7/5940.md) before December 20, 2018.
    - (C) **False statement—** Any [person](/usc/7/499a.md?p=b-1) who materially falsifies any information contained in an application to participate in the program established under this section shall be ineligible to participate in that program.
- (f) **Effect—** Nothing in this section prohibits the production of [hemp](/usc/7/1639o.md?p=1) in a [State](/usc/7/1639o.md?p=4) or the territory of an [Indian tribe](/usc/7/1639o.md?p=2)—
  - (1) for which a [State](/usc/7/1639o.md?p=4) or Tribal plan is not approved under this section, if the production of [hemp](/usc/7/1639o.md?p=1) is in accordance with [section 1639q of this title](/usc/7/1639q.md) or other Federal laws (including regulations); and
  - (2) if the production of [hemp](/usc/7/1639o.md?p=1) is not otherwise prohibited by the [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2).

## Source credit

(Aug. 14, 1946, ch. 966, title II, § 297B, as added Pub. L. 115–334, title X, § 10113, Dec. 20, 2018, 132 Stat. 4909.)