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A BILL TO BE ENTITLED
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AN ACT
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relating to the production and regulation of hemp. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subtitle E, Title 5, Agriculture |
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Code, is amended to read as follows: |
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SUBTITLE E. PRODUCTION, PROCESSING, AND SALE OF FIBER PRODUCTS |
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SECTION 2. Subtitle E, Title 5, Agriculture Code, is |
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amended by adding Chapter 112 to read as follows: |
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CHAPTER 112. STATE HEMP PRODUCTION PLAN |
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Sec. 112.001. DEFINITION. In this chapter, "hemp" means |
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the plant Cannabis sativa L. and any part of that plant, including |
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the seeds of the plant and all derivatives, extracts, cannabinoids, |
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isomers, acids, salts, and salts of isomers, whether growing or |
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not, with a delta-9 tetrahydrocannabinol concentration of not more |
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than 0.3 percent on a dry weight basis. |
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Sec. 112.002. LEGISLATIVE INTENT. It is the intent of the |
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legislature that this state have primary regulatory authority over |
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the production of hemp in this state. |
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Sec. 112.003. DEPARTMENT RULES. (a) The department, after |
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consulting with the governor and attorney general, shall adopt |
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rules providing: |
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(1) a practice to maintain relevant information |
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regarding land on which hemp is produced in this state, including a |
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legal description of the land, for a period of at least three |
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calendar years; |
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(2) a procedure for testing, using |
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post-decarboxylation or another similarly reliable method, the |
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delta-9 tetrahydrocannabinol concentration of hemp produced in |
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this state; |
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(3) a procedure for the effective disposal of plants, |
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whether growing or not, that are produced in violation of Subtitle |
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G, Agricultural Marketing Act of 1946 (7 U.S.C. Chapter 38, |
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Subchapter VII), and products derived from those plants; |
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(4) a procedure to comply with the enforcement |
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procedures described by Section 297B(e), Agricultural Marketing |
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Act of 1946 (7 U.S.C. Section 1639p(e)); |
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(5) a procedure for conducting annual inspections of, |
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at a minimum, a random sample of hemp producers to verify that hemp |
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is not produced in violation of Subtitle G, Agricultural Marketing |
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Act of 1946 (7 U.S.C. Chapter 38, Subchapter VII); |
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(6) a procedure for submitting the information |
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described in Section 297C(d)(2), Agricultural Marketing Act of 1946 |
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(7 U.S.C. Section 1639q(d)(2)), as applicable, to the secretary of |
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the United States Department of Agriculture not later than the 30th |
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day after the date the information is received; and |
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(7) standards for certifying that this state has the |
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resources and personnel to carry out the practices and procedures |
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described by Subdivisions (1) through (6). |
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(b) The department shall attempt to adopt rules under |
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Subsection (a) that will, in substance, meet the requirements for |
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approval as a state plan under Section 297B, Agricultural Marketing |
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Act of 1946 (7 U.S.C. Section 1639p). |
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Sec. 112.004. SUBMISSION OF STATE PLAN. (a) The |
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department, after consulting with the governor and attorney |
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general, shall submit to the secretary of the United States |
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Department of Agriculture a state plan for monitoring and |
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regulating the production of hemp in this state as provided by |
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Section 297B, Agricultural Marketing Act of 1946 (7 U.S.C. Section |
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1639p). |
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(b) The plan shall include the rules adopted under Section |
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112.003 and any other required information. |
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(c) If a plan submitted by the department is disapproved by |
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the secretary of the United States Department of Agriculture, the |
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department, after consulting with the governor and attorney |
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general, shall amend the rules under Section 112.003 as needed to |
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obtain approval and submit an amended plan. |
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(d) The department shall, as necessary, seek technical |
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assistance from the secretary of the United States Department of |
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Agriculture in adopting rules under Section 112.003 and otherwise |
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developing the plan. |
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SECTION 3. Sections 481.002(5) and (26), Health and Safety |
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Code, are amended to read as follows: |
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(5) "Controlled substance" means a substance, |
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including a drug, an adulterant, and a dilutant, listed in |
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Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The |
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term includes the aggregate weight of any mixture, solution, or |
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other substance containing a controlled substance. The term does |
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not include hemp, as defined by Section 112.001, Agriculture Code, |
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or any tetrahydrocannabinols or other substances in hemp. |
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(26) "Marihuana" means the plant Cannabis sativa L., |
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whether growing or not, the seeds of that plant, and every compound, |
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manufacture, salt, derivative, mixture, or preparation of that |
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plant or its seeds. The term does not include: |
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(A) the resin extracted from a part of the plant |
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or a compound, manufacture, salt, derivative, mixture, or |
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preparation of the resin; |
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(B) the mature stalks of the plant or fiber |
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produced from the stalks; |
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(C) oil or cake made from the seeds of the plant; |
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(D) a compound, manufacture, salt, derivative, |
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mixture, or preparation of the mature stalks, fiber, oil, or cake; |
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[or] |
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(E) the sterilized seeds of the plant that are |
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incapable of beginning germination; or |
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(F) hemp, as that term is defined by Section |
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112.001, Agriculture Code. |
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SECTION 4. (a) Not later than the 90th day after the |
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effective date of this Act, the Department of Agriculture shall |
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adopt rules under Section 112.003, Agriculture Code, as added by |
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this Act, and submit for approval a state plan to the secretary of |
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the United States Department of Agriculture as provided by Section |
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112.004, Agriculture Code, as added by this Act. |
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(b) The Department of Agriculture shall submit amended |
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state plans as provided by Section 112.004(c), Agriculture Code, as |
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added by this Act, as necessary until the plan is approved. |
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SECTION 5. The Department of Agriculture shall implement |
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the state plan approved by the secretary of the United States |
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Department of Agriculture not later than the 30th day after the date |
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on which the state plan is approved. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |