HB 236 — AN ACT relating to hemp and declaring an emergency.

UNOFFICIAL COPY 20 RS BRHB 1022236/EN AN ACT relating to hemp and declaring an emergency.

(2) No person shall move or transport, or aid or abet another person in moving or transporting, any hemp extract material having a delta-9 tetrahydrocannabinol concentration in excess of three-tenths of one percent (0.3%):

(3) A licensed processor, or a person acting as a representative of a licensed processor, may move or transport hemp extract material having a delta-9 tetrahydrocannabinol Page 1 of 10 BR102200.100HB023620.100 - 1022 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRHB 1022236/EN tetrahydrocannabinol concentration in excess of three-tenths of one percent (0.3%) from one (1) licensed processing location in the Commonwealth to another licensed processing location in the Commonwealth, provided that:

(a) The hemp extract material shall move directly from one (1) licensed processing location to another;

and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 Page 2 of 10 BR102200.100HB023620.100 - 1022 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRHB 1022236/EN tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis;

(2) Promote the expansion of the Commonwealth's [industrial ]hemp industry to the maximum extent permitted by federal law by[, in anticipation of a change in federal law] allowing citizens of the Commonwealth to cultivate, handle, or process Page 3 of 10 BR102200.100HB023620.100 - 1022 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRHB 1022236/EN [industrial ]hemp and [industrial ]hemp products for commercial purposes[ without participating in research pilot programs];

(3) It is unlawful for a person who does not hold a license issued by the department, or who is not an agent of a licensee, to possess hemp extract material having a delta-9 tetrahydrocannabinol concentration in excess of three-tenths of one percent (0.3%).

Penalties for persons who possess such hemp extract materials without a license are the same as those penalties that are applicable to persons who violate KRS Chapter 218A, relating to marijuana.

Page 4 of 10 BR102200.100HB023620.100 - 1022 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRHB 1022236/EN Section 6.

Page 5 of 10 BR102200.100HB023620.100 - 1022 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRHB 1022236/EN (8) Board members shall receive no compensation but shall be reimbursed, payable from the industrial hemp research pilot program fund, for any actual travel expense incurred while attending meetings of the board.

(b) Any person seeking to cultivate [industrial ]hemp shall provide to the department the legal description and global positioning coordinates sufficient Page 6 of 10 BR102200.100HB023620.100 - 1022 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRHB 1022236/EN for locating the fields or greenhouses to be used to grow [industrial ]hemp.

Page 7 of 10 BR102200.100HB023620.100 - 1022 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRHB 1022236/EN (a) Violated any provision of KRS 260.850 to 260.869 or an administrative regulation promulgated under the authority of KRS 260.850 to 260.869;

or (d) Failed to comply with any instruction or order from the department, a Page 8 of 10 BR102200.100HB023620.100 - 1022 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRHB 1022236/EN representative of the Department of Kentucky State Police, or any law enforcement officer.

(4) Notwithstanding KRS 45.229, the [industrial ]hemp [research pilot ]program fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried Page 9 of 10 BR102200.100HB023620.100 - 1022 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRHB 1022236/EN forward into the next fiscal year.

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