HB 172 — An Act relating to the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of 'marijuana'; and clarifying that adding industrial hemp to food does not create an adulterated food product.

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and clarifying that adding industrial hemp to food does not create an adulterated food product." CS FOR HOUSE BILL NO.

172172(JUD) 01 "An Act relating to the regulation and production of industrial hemp;

AThe registrantdepartment may 04 renewnot registrationlimit in the formnumber andof mannerregistrants. prescribed by the department.

05A (e)registrant Themay departmentrenew shall establish fee levels for application, registration, and 06 renewal of registration soin that the totalform amountand of05 feesmanner collectedprescribed underby this section 07 approximately equals the regulatorydepartment. costs for regulating the industrial hemp industry.

0806 (e) The department shall annuallyestablish reviewfee eachlevels feefor levelapplication, toregistration, determineand whether07 therenewal 09of regulatoryregistration costso that the total amount of industrialfees hempcollected isunder this section 08 approximately equalequals tothe regulatory costs for regulating the feesindustrial collected.hemp industry.

1009 (f) The department mayshall issueannually areview stop-saleeach orderfee orlevel issueto adetermine violationwhether noticethe to10 aregulatory 11cost personof whoindustrial hemp is producingapproximately industrialequal hempto withoutthe afees currentcollected. registration.

1211 (g)(f) AThe registrantdepartment may useissue anya propagationstop-sale method,order includingor plantingissue seedsa orviolation 13notice startsto ora using12 clonesperson orwho cuttingsis toproducing produce industrial hemp.hemp without a current registration.

1413 (h)(g) TheA department,registrant amay registrant,use or any institutionpropagation ofmethod, higherincluding educationplanting mayseeds 15or import14 intostarts theor stateusing andclones resellor industrialcuttings hempto seeds.produce industrial hemp.

1615 (i)(h) AThe registrantdepartment, maya retainregistrant, industrialor hempany seedsinstitution forof thehigher purposeeducation ofmay 1716 propagatingimport industrialinto hempthe instate futureand years.resell industrial hemp seeds.

1817 (j)(i) A registrant may retain and recondition any industrial hemp thatseeds testsfor 19the betweenpurpose 0.3of percent18 andpropagating oneindustrial percenthemp delta-9in tetrahydrocannabinolfuture onyears. a dry-weight 20 basis.

Industrial19 hemp(j) productsA intendedregistrant formay humanretain consumptionand mayrecondition notany exceedindustrial hemp that tests 20 between 0.3 21percent and one percent delta-9 tetrahydrocannabinol.tetrahydrocannabinol on a dry-weight 21 basis.

22Industrial (k)hemp Theproducts departmentintended mayfor adopthuman regulationsconsumption regardingmay approvednot shippingexceed 230.3 documentation22 forpercent thedelta-9 transportationtetrahydrocannabinol. of industrial hemp.

2423 (l)(k) AThe registrantdepartment shallmay maintainadopt forregulations atregarding leastapproved threeshipping years24 followingdocumentation thefor sale or 25 transfer of industrial hemp records showing 26 (1) the nametransportation and address of the person that received the industrial 27hemp. hemp;

2825 (2)(l) A registrant shall maintain for at least three years following the amountsale or 26 transfer of industrial hemp transferred.records showing 27 (1) the name and address of the person that received the industrial 28 hemp;

29 (m)(2) A registrant shall make the recordsamount required under (l) of thisindustrial sectionhemp 30transferred. available for inspection by the department during normal business hours.

The30 31(m) departmentA registrant shall providemake atthe leastrecords threerequired days'under notice(l) beforeof inspectingthis section 31 available for inspection by the records.department during normal business hours.

Sec.The department shall provide at least three days' notice before inspecting the records.

02 Sec.

(a) The department or an 0203 institution of higher education in the state may create and administer an agricultural 0304 pilot program to study the growth, cultivation, or marketing of industrial hemp.

0405 (b) An institution of higher education in the state, the division of the 0506 department with responsibility for agriculture, or a person registered under 0607 AS 03.05.078 may participate in an agricultural pilot program created under (a) of this 0708 section or engage in industrial hemp research.

0809 (c) The department may adopt regulations to implement this section.

0910 * Sec.

1011 (5) "industrial hemp" means all parts and varieties of the plant 1112 Cannabis sativa L.

1213 * Sec.

1314 (14) "marijuana" means the seeds, and leaves, buds, and flowers of the 1415 plant (genus) Cannabis, whether growing or not;

it does not include the resin or oil 1516 extracted from any part of the plants, or any compound, manufacture, salt, derivative, 1617 mixture, or preparation from the resin or oil, including hashish, hashish oil, and natural 1718 or synthetic tetrahydrocannabinol;

it does not include the stalks of the plant, fiber 1819 produced from the stalks, oil or cake made from the seeds of the plant, any other 1920 compound, manufacture, salt, derivative, mixture, or preparation of the stalks, fiber, 2021 oil or cake, or the sterilized seed of the plant which is incapable of germination;

it 2122 does not include industrial hemp as defined in AS 03.05.100;

2223 * Sec.

2324 (e) Food is not adulterated under this section solely because it contains 2425 industrial hemp, as defined in AS 03.05.100, or an industrial hemp product.

2526 * Sec.

2627 (10) "marijuana" means all parts of the plant of the genus cannabis 2728 whether growing or not, the seeds thereof, the resin extracted from any part of the 2829 plant, and every compound, manufacture, salt, derivative, mixture, or preparation of 2930 the plant, its seeds, or its resin, including marijuana concentrate;

"marijuana" does not 3031 include fiber produced from the stalks, oil, or cake made from the seeds of the plant, 31 sterilized seed of the plant which is incapable of germination, [OR] the weight of any 02 other ingredient combined with marijuana to prepare topical or oral administrations, 0203 food, drink, or other products, or industrial hemp as defined in AS 03.05.100;