SB 63 — Revises provisions relating to hemp. (BDR 49-264)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT S.B.

6363–Committee SENATEon BILLNatural NOResources .CHAPTER..........

63–COMMITTEE ON NATURAL R ESOURCES (ON B EHALF OF THE S TATE D EPARTMENT OF A GRICULTURE ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to hemp.

(BDR 49-264) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegiExisting Counsel’slaw Digest:authorizes the growing and handling of hemp and the production of agricultural hemp seed by persons registered with the State Department of Agriculture.

Existing(NRS law557.200) authorizesSection 1 of this bill requires that an application for registration as a grower, handler or producer be submitted to the growingDepartment andon handlingor before July 1 of hempany year and requires the productionapplicant to submit a complete set of agriculturalthe hempapplicant’s seedfingerprints byand personswritten registeredpermission withauthorizing the State Department to History and the Federal Bureau of Agriculture.Investigation for processing.

(NRSIn 557.200)lieu Sectionofriminal 1submitting ofa thiscomplete billset requiresof thatfingerprints, ansection application1 forauthorizes registrationan asapplicant a grower, handler or producer be submitted to thesubmit Departmentany ondocument or applicant’sother fingerprintsinformation andrequired writtenby permission authorizing the Department to ofperform thea forwardbackground thecheck fingerprints to theverify Centraleligibility Repositoryin foraccordance Nevadawith Recordsfederal ofregulations. Criminal History and the Federal Bureau of Investigation for processing.

In lieu of submitting a complete set of fingerprints, section 1 authorizes an applicant to submit any document or other information required by the Department to perform a - *SB63_R1* – 2 – C.F.R.

§ 990.6)k to verify eligibility in accordance with federal regulations.

(7 Existing federal law authorizes the production of hemp under the primary jurisdiction of a state or Indian tribe if the state or Indian tribe submits to the United States Secretary of Agriculture a plan that satisfies certain requirements.

(7 U.S.C.

§ 1639p) Existing federal regulations set forth requirements for such a plan.

§ 990.6) Existing federal law authorizes the production of hemp under the primary jurisdiction of a state or Indian tribe if the state or Indian tribe submits to the United § 1639p) Existing federal regulations set forth requirements for such a plan.

(7.S.C.

C.F.R.

The Department may detain, seize or embargo the crop if the testing of such a sample determines that the crop contains a THC concentration that exceeds the maximum THCeterminesTHC concentration established by federal law for hemp.

(NRS 557.240) Section 1.5 of this bill removes the authority of the Department to detain, seize or embargo the crop pursuant to such an analysis and instead provides the grower with the option to submit a plan to perform remediation activities in order to render the crop compliant.

§ or a cannabis independent testing laboratory approved by the Department a sampleent - 81st Session (2021) – 2 – of each crop of hemp for testing before harvesting.

If a grower or producer does not harvest a crop within that period of time, section 2 prohibits the grower or producer from harvesting the crop until the Department has collected a new sample.

Section 2 further requires such a sample to be tested and a report of the results of such testing harveststo abe cropissued beforeto athe samplegrower hasor beenproducer. collected by the Department:

Under section 2, if a grower or producer harvests a crop before a sample has been collected by the Department:

Existing federal regulations require a state plan to exclude from participation in the state’s program for the production of hemp any person who materially falsifies any information contained in an application to participate in the program.

§ 990.6) Section 3 of this bill authorizes the Department to refuse to issue or renew, suspend or revoke the registration of a grower, handler or producer who materially falsifies any information in an application for registration submitted to the againstDepartment. a person who:

(1)Additionally, grows,section handles3 orauthorizes produces hemp in a manner that istion inconsistent with the informationDepartment submitted to thetake Departmentsuch inaction theagainst approveda applicationperson forwho: registration;

(1) grows, handles or (2)produces failshemp toin complya manner that is inconsistent with applicablethe localinformation ordinancessubmitted to the Department in the approved or rules.

Finally, section 3 authorizes the Department to refuse to issue aaordinances registration as a grower, handler or producer to a person who has previously had such a registration refused or revoked for certain specified reasons.

-EXPLANATION *SB63_R1* – 3Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 81st Session (2021) – 3 – 4.

A person who wishes to register with the Department as a grower, handler or producer must , on or before July 1 of any year, submit to the Department the fee established pursuant to subsection 8 and an application, on a form prescribed by the Department, which includes:inc(a) The name and address of the applicant;

(a) The name and address of the applicant;

and (d) Such other information as the Department may require by regulation.

other information as the Department may require by 5.