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

# §1639q. Department of Agriculture

- (a) **Department of Agriculture plan—**
  - (1) **In general—** In the case of a [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) for which a [State](/usc/7/1639o.md?p=4) or Tribal plan is not approved under [section 1639p of this title](/usc/7/1639p.md), the production of [hemp](/usc/7/1639o.md?p=1) in that [State](/usc/7/1639o.md?p=4) or the territory of that [Indian tribe](/usc/7/1639o.md?p=2) shall be subject to a plan established by the [Secretary](/usc/7/1639.md?p=3) to monitor and regulate that production in accordance with [paragraph (2)](#a-2).
  - (2) **Content—** A plan established by the [Secretary](/usc/7/1639.md?p=3) under [paragraph (1)](#a-1) shall include—
    - (A) 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;
    - (B) 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);
    - (C) 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;
    - (D) a procedure to comply with the enforcement procedures under [subsection (c)(2)](#c-2);
    - (E) 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; and
    - (F) such other practices or procedures as the [Secretary](/usc/7/1639.md?p=3) considers to be appropriate, to the extent that the practice or procedure is consistent with this subchapter.
- (b) **Licensing—** The [Secretary](/usc/7/1639.md?p=3) shall establish a procedure to issue licenses to [hemp](/usc/7/1639o.md?p=1) producers in accordance with a plan established under [subsection (a)](#a).
- (c) **Violations—**
  - (1) **In general—** In the case of a [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) for which a [State](/usc/7/1639o.md?p=4) or Tribal plan is not approved under [section 1639p of this title](/usc/7/1639p.md), it shall be unlawful to produce [hemp](/usc/7/1639o.md?p=1) in that [State](/usc/7/1639o.md?p=4) or the territory of that [Indian tribe](/usc/7/1639o.md?p=2) without a license issued by the [Secretary](/usc/7/1639.md?p=3) under [subsection (b)](#b).
  - (2) **Negligent and other violations—** A violation of a plan established under [subsection (a)](#a) shall be subject to enforcement in accordance with paragraphs (2) and (3) of [section 1639p(e) of this title](/usc/7/1639p.md?p=e), except that the [Secretary](/usc/7/1639.md?p=3) shall carry out that enforcement instead of a [State department of agriculture](/usc/7/1639o.md?p=5) or [Tribal government](/usc/7/1639o.md?p=6).
  - (3) **Reporting to Attorney General—** In the case of a [State](/usc/7/1639o.md?p=4) or [Indian tribe](/usc/7/1639o.md?p=2) covered by [paragraph (1)](#c-1), the [Secretary](/usc/7/1639.md?p=3) shall report the production of [hemp](/usc/7/1639o.md?p=1) without a license issued by the [Secretary](/usc/7/1639.md?p=3) under [subsection (b)](#b) to the Attorney General.
- (d) **Information sharing for law enforcement—**
  - (1) **In general—** The [Secretary](/usc/7/1639.md?p=3) shall—
    - (A) collect the information described in [paragraph (2)](#d-2); and
    - (B) make the information collected under [subparagraph (A)](#d-1-A) accessible in real time to Federal, [State](/usc/7/1639o.md?p=4), territorial, and local law enforcement.
  - (2) **Content—** The information collected by the [Secretary](/usc/7/1639.md?p=3) under [paragraph (1)](#d-1) shall include—
    - (A) contact information for each [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—
      - (i) a [State](/usc/7/1639o.md?p=4) or Tribal plan is approved under [section 1639p(b) of this title](/usc/7/1639p.md?p=b); or
      - (ii) a plan is established by the [Secretary](/usc/7/1639.md?p=3) under this section;
    - (B) a legal description of the land on which [hemp](/usc/7/1639o.md?p=1) is grown by each [hemp](/usc/7/1639o.md?p=1) producer described in [subparagraph (A)](#d-2-A); and
    - (C) for each [hemp](/usc/7/1639o.md?p=1) producer described in [subparagraph (A)](#d-2-A)—
      - (i) the status of—
        - (I) 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
        - (II) a license from the [Secretary](/usc/7/1639.md?p=3); and
      - (ii) any changes to the status.

## Source credit

(Aug. 14, 1946, ch. 966, title II, § 297C, as added Pub. L. 115–334, title X, § 10113, Dec. 20, 2018, 132 Stat. 4912.)