§1639p State and Tribal Plans

Summary

States and Indian tribes that want to run their own hemp programs must send a plan to the Secretary showing how they will monitor and regulate hemp. The plan must say how they will keep land records for at least 3 calendar years, test hemp for delta-9 THC using post-decarboxylation or a similarly reliable method, safely dispose of plants and products made in violation, follow required enforcement steps, do annual inspections of a random sample of growers, send certain information to the Secretary within 30 days of receiving it, and certify they have the staff and money to do all this. They may add other consistent practices. State or tribal laws that are stricter than these rules still apply. The Secretary must approve or disapprove a plan within 60 days. The Secretary can help make plans, audit approved plans, require a corrective action plan after a first breach, and revoke approval after a second or later breach. If a grower negligently breaks the plan, the State or tribe must make a fix plan with a deadline and require reports for at least the next 2 calendar years; negligent breaches won’t lead to criminal charges by federal, state, tribal, or local governments. Three negligent breaches in a 5-year period make a grower ineligible to grow hemp for 5 years from the third breach. If a violation shows a worse mental state than negligence, the State or tribe must report the person to the Attorney General and the chief law enforcement officer and normal negligent protections do not apply. Anyone convicted of a controlled-substance felony is ineligible to participate or grow hemp for 10 years after the conviction (unless they legally grew under the pilot program before December 20, 2018). Anyone who materially falsifies an application is also ineligible. Hemp may still be produced without an approved plan if done under section 1639q or other federal law and if not banned by the State or tribe.