§1639p State and tribal plans

Summary

States and Indian tribes may take primary control of hemp production if they send a plan to the Secretary showing how they will monitor and regulate hemp. The plan must keep land records for at least 3 calendar years, test hemp’s delta-9 THC using post-decarboxylation or another reliable method, dispose of plants and products made in violation, follow the enforcement steps below, do annual inspections of at least a random sample of growers, send certain reports to the Secretary within 30 days of receiving the information, and certify they have the staff and money to do all this. The plan can also include other consistent rules. The Secretary must approve or disapprove a plan within 60 days, can help with technical advice, can audit states or tribes, will work with them to fix a first problem, and may revoke approval after a second or later problem. Only the enforcement rules below apply to approved plans. If a grower negligently breaks the plan (for example, misses land info, lacks a required license, or produces Cannabis sativa L. with more than 0.3 percent delta-9 THC on a dry weight basis), the grower must follow a correction plan with a fair deadline and report on compliance for at least the next 2 calendar years. Negligent violations are not subject to criminal charges by federal, state, tribal, or local governments. A grower who negligently violates the plan 3 times in a 5-year period cannot grow hemp for 5 years starting on the third violation. If a violation involves intent or a worse mental state than negligence, the grower must be reported immediately to the Attorney General and the chief law enforcement officer and different enforcement applies. Any person convicted of a controlled-substance felony is ineligible to participate or grow hemp for 10 years after the conviction, except people who legally grew hemp under a pilot program before December 20, 2018. Anyone who materially lies on an application is also ineligible. States or tribes without an approved plan may still produce hemp under other federal rules and if their own law allows it.