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PRIOR PRINTER'S NO. 354
PRINTER'S NO. 1367
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
50
Session of
2015
INTRODUCED BY SCHWANK, FOLMER, TEPLITZ, FARNESE, LEACH,
YUDICHAK, WOZNIAK, McILHINNEY AND SMUCKER, FEBRUARY 12, 2015
SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED,
OCTOBER 27, 2015
AN ACT
Establishing an industrial hemp industry in this Commonwealth;
CONFERRING POWERS AND IMPOSING DUTIES ON THE DEPARTMENT OF
AGRICULTURE; AND PRESCRIBING PENALTIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Industrial
Hemp Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Hemp Research Board.
"AGRICULTURAL PILOT PROGRAM." A PILOT PROGRAM TO RESEARCH
THE GROWTH, CULTIVATION OR MARKETING OF INDUSTRIAL HEMP IN A
MANNER THAT:
(1) ASSURES ONLY THE DEPARTMENT OR INSTITUTIONS OF
HIGHER EDUCATION WITHIN THIS COMMONWEALTH ARE UTILIZED TO
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CONDUCT SUCH RESEARCH; AND
(2) REQUIRES THE DEPARTMENT TO PERMIT AND REGULATE THE
INSTITUTIONS OF HIGHER EDUCATION AND SITES, ENTITIES OR
INDIVIDUALS UTILIZED BY THE INSTITUTIONS OF HIGHER EDUCATION
TO GROW OR CULTIVATE INDUSTRIAL HEMP AS ALLOWED UNDER THIS
ACT.
"Department." The Department of Agriculture of the
Commonwealth.
"Industrial hemp." A plant of the genus cannabis and any
part of the plant, whether growing or not, containing a delta-9
tetrahydrocannabinol concentration of no more than .3% on a dry
weight basis.
"INDUSTRIAL HEMP." THE PLANT CANNABIS SATIVA L. AND ANY PART
OF SUCH PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9
TETRAHYDROCANNABINOL CONCENTRATION OF NOT MORE THAN 0.3% ON A
DRY WEIGHT BASIS.
"INSTITUTION OF HIGHER EDUCATION." AS DEFINED UNDER SECTION
101 OF THE HIGHER EDUCATION ACT OF 1965 (PUBLIC LAW 89-329, 79
STAT. 1219).
"SECRETARY." THE SECRETARY OF AGRICULTURE OF THE
COMMONWEALTH.
Section 3. Industrial hemp.
(a) Activities authorized.--An individual or entity
registered with the board may grow, cultivate or market
industrial hemp for any of the following purposes of research in
accordance with section 4:
(1) Conducting research or development of industrial
hemp.
(2) Cultivation or production of industrial hemp and
other related strains.
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(3) Marketing industrial hemp.
(4) Any other purpose as allowed by the department.
(b) Oilseed.--Industrial hemp shall be recognized as an
oilseed in this Commonwealth.
Section 4. Board.
(a) Board.--There is created within the department the Hemp
Research Board. The board shall operate in accordance with the
following:
(1) The board shall be comprised of the following
members:
(i) The Secretary of Agriculture or a designee.
(ii) The Commissioner of Professional and
Occupational Affairs.
(iii) Three members appointed by the Governor and
approved by the Senate. One of the appointees shall
represent a Statewide agricultural organization. Each
appointee shall serve a staggered three-year term.
(2) There shall be a chair of the board in accordance
with the following:
(i) The Governor shall designate one of the board
members as chair, and the chair shall serve at the
pleasure of the Governor. When present, the chair shall
preside at all meetings. In the chair's absence, a member
designated by the chair shall preside.
(ii) Three members of the board shall constitute a
quorum, and an action or order of the board shall require
the approval of at least three members.
(3) The board may appoint a secretary to hold office at
the board's pleasure. If appointed, the secretary shall have
powers and shall perform duties not contrary to law as the
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board shall prescribe. The secretary shall receive
compensation as the board determines with the approval of the
Governor. The secretary shall have power and authority to
designate one of the clerks appointed by the board to perform
the duties of the secretary during the secretary's absence.
The appointed clerk shall exercise the powers of the
secretary of the board for the time designated.
(b) Powers and duties.--The board shall have the following
powers and duties:
(1) To develop and implement regulations necessary to
carry out the provisions of this act.
(2) To issue, renew, deny, revoke, suspend or refuse to
renew registration to cultivate, grow or market industrial
hemp.
(3) To develop an application for registration.
(4) To create and maintain a database of registered
persons.
(5) To inspect the facilities, seeds, plants and other
items used by each registered grower to ensure compliance
with this act and regulations promulgated under this act.
(6) To establish reasonable registration fees to cover
the cost of administering this act.
(7) To regulate the labeling and testing of industrial
hemp within this Commonwealth.
(8) To establish guidelines for research conducted under
section 5.
(c) Report.--Starting two years after the effective date of
this act, and continuing annually, the board shall submit to the
General Assembly a report detailing the following:
(1) The number of individuals and entities registered
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under this act.
(2) A description of the regulations implemented since
the previous report.
(3) Any suspensions, revocations, refusals to renew or
deny and the reasons for those dispositions.
(4) A financial accounting of the fees taken in and the
expenditures of the department to carry out this act.
(5) Any other information requested by the General
Assembly.
(A) AUTHORITY.--THE DEPARTMENT SHALL HAVE THE AUTHORITY TO
REGULATE AND PERMIT INDUSTRIAL HEMP UNDER THIS ACT IN A MANNER
CONSISTENT WITH THE PROVISIONS OF THIS ACT AND ALL FEDERAL LAWS,
REGULATIONS AND ORDERS, AND NOTWITHSTANDING ANY LAWS OF THE
COMMONWEALTH TO THE CONTRARY.
(B) ACTIVITIES AUTHORIZED.--NOTWITHSTANDING THE CONTROLLED
SUBSTANCES ACT (PUBLIC LAW 91-513, 84 STAT. 1236), THE SAFE AND
DRUG-FREE SCHOOLS AND COMMUNITIES ACT (PUBLIC LAW 107-110, 20
U.S.C. § 7101 ET SEQ.), 41 U.S.C. CH. 81 (RELATING TO DRUG-FREE
WORKPLACE) OR ANY OTHER FEDERAL LAW OR THE LAWS OF THIS
COMMONWEALTH, INCLUDING THE ACT OF APRIL 14, 1972 (P.L.233,
NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
COSMETIC ACT, AND 18 PA.C.S. § 7508(A)(1)(RELATING TO DRUG
TRAFFICKING SENTENCING AND PENALTIES), THE DEPARTMENT UNDER ITS
PILOT PROGRAM, OR AN INSTITUTION OF HIGHER EDUCATION WITHIN THIS
COMMONWEALTH HOLDING A PERMIT FROM THE DEPARTMENT, MAY GROW OR
CULTIVATE INDUSTRIAL HEMP FOR THE PURPOSE OF RESEARCH, INCLUDING
MARKETING STUDIES.
(C) OILSEED.--INDUSTRIAL HEMP SHALL BE RECOGNIZED AS AN
OILSEED IN THIS COMMONWEALTH.
SECTION 4. DEPARTMENT.
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(A) POWERS AND DUTIES.--THE DEPARTMENT SHALL HAVE THE
FOLLOWING POWERS AND DUTIES:
(1) TO DEVELOP AND IMPLEMENT REGULATIONS AND PERMITTING
REQUIREMENTS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
ACT, INCLUDING RESEARCH CONDUCTED UNDER SECTION 5.
(2) TO ISSUE, RENEW, DENY, REVOKE, SUSPEND OR REFUSE TO
RENEW PERMITS TO CONDUCT RESEARCH ON THE CULTIVATION, GROWTH
OR MARKETING OF INDUSTRIAL HEMP.
(3) TO DEVELOP AN APPLICATION FOR PERMITS.
(4) TO CREATE AND MAINTAIN A DATABASE OF PERMITTED
INSTITUTIONS OF HIGHER EDUCATION AND SITES, ENTITIES OR
INDIVIDUAL GROWERS WHOM THE INSTITUTIONS HAVE UTILIZED.
(5) TO INSPECT THE FACILITIES, SITES, SEEDS, PLANTS,
INDIVIDUAL GROWERS AND OTHER ITEMS OR ENTITIES UTILIZED BY
EACH PERMITTED INSTITUTION OF HIGHER EDUCATION TO ENSURE
COMPLIANCE WITH THIS ACT AND REGULATIONS PROMULGATED UNDER
THIS ACT.
(6) TO ESTABLISH PERMIT REQUIREMENTS FOR THE USE OR
REUSE OF SEEDS, CROPS OR PRODUCTS PRODUCED AS THE END RESULT
OF ANY APPROVED RESEARCH PROGRAM UNDERTAKEN BY AN INSTITUTION
OF HIGHER EDUCATION UNDER THIS ACT.
(7) TO ESTABLISH, THROUGH REGULATION AS SET FORTH UNDER
SECTION 6, REASONABLE PERMITTING AND INSPECTION FEES THAT MAY
NOT EXCEED THE ACTUAL COST OF ADMINISTERING THIS ACT.
(8) NOTWITHSTANDING ANY PROVISIONS OF 3 PA.C.S. CH. 71
(RELATING TO SEED) AND ITS ATTENDANT REGULATIONS, TO REGULATE
THE LABELING AND TESTING OF INDUSTRIAL HEMP AND INDUSTRIAL
HEMP SEEDS WITHIN THIS COMMONWEALTH.
(9) TO ESTABLISH, THROUGH REGULATION AS SET FORTH UNDER
SECTION 6, GUIDELINES FOR RESEARCH CONDUCTED UNDER SECTION 5.
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(B) REPORT.--BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF
THIS ACT, AND ANNUALLY THEREAFTER, THE DEPARTMENT SHALL SUBMIT
TO THE MAJORITY CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE SENATE AND THE
MAJORITY CHAIRPERSON AND MINORITY CHAIRPERSON OF THE AGRICULTURE
AND RURAL AFFAIRS COMMITTEE OF THE HOUSE OF REPRESENTATIVES A
REPORT DETAILING THE FOLLOWING:
(1) THE NUMBER OF INSTITUTIONS OF HIGHER EDUCATION,
SITES, ENTITIES AND INDIVIDUAL GROWERS PERMITTED UNDER THIS
ACT.
(2) A DESCRIPTION OF THE REGULATIONS AND PERMITTING
REQUIREMENTS IMPLEMENTED SINCE THE PREVIOUS REPORT.
(3) ANY SUSPENSIONS, REVOCATIONS, REFUSALS TO RENEW OR
DENY AND THE REASONS FOR THOSE DISPOSITIONS.
(4) A FINANCIAL ACCOUNTING OF THE FEES TAKEN IN AND THE
EXPENDITURES OF THE DEPARTMENT TO CARRY OUT THIS ACT.
(5) A SUMMARY OF ALL RESEARCH DERIVED FROM THIS ACT.
(6) ANY OTHER INFORMATION REQUESTED BY THE GENERAL
ASSEMBLY.
Section 5. Research.
A college or university THE DEPARTMENT MAY DEVELOP AN
AGRICULTURAL PILOT PROGRAM AND MAY GROW OR CULTIVATE HEMP FOR
RESEARCH PURPOSES UNDER THE AGRICULTURAL PILOT PROGRAM. IN
ADDITION, AN INSTITUTION OF HIGHER EDUCATION located in this
Commonwealth may apply to the department to conduct research in
accordance with this act and the regulations promulgated under
this act.
Section 6. Regulations.
(a) Requirement.--The board DEPARTMENT shall promulgate
regulations as necessary to implement this act. THE REGULATIONS
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SHALL INCLUDE PERMITTING REQUIREMENTS.
(b) Temporary regulations.--In order to facilitate the
implementation of this act, regulations promulgated by the board
DEPARTMENT shall be deemed temporary regulations which shall
expire not later than two years following the publication of the
temporary regulation. THE TEMPORARY REGULATIONS SHALL INCLUDE
PERMITTING AND OTHER REQUIREMENTS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS ACT. Temporary regulations shall not be
subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(c) Expiration.--The board's DEPARTMENT'S authority to adopt
temporary regulations under subsection (b) shall expire two
years after the effective date of this section. Regulations
adopted after this period shall be promulgated as provided by
law.
(d) Publication.--The board DEPARTMENT shall begin
publishing temporary regulations in the Pennsylvania Bulletin no
later than three months following the effective date of this
section.
Section 7. Contracts.
(a) Private persons.--A college or university may contract
with private persons consistent with this act for the purposes
of research.
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(b) Validity.--No contract is void or voidable if it
pertains to activities authorized by this statute.
SECTION 7. CONTRACTED PERSONS.
AN INSTITUTION OF HIGHER EDUCATION HOLDING A PERMIT TO
CONDUCT AN AGRICULTURAL PILOT PROGRAM MAY CONTRACT WITH ENTITIES
AND INDIVIDUAL GROWERS TO THE EXTENT NECESSARY TO CARRY OUT THE
PROGRAM. THE CONTRACT TERMS SHALL INCORPORATE THE PROVISIONS OF
THE PERMIT ISSUED TO THE INSTITUTION OF HIGHER EDUCATION. THE
ENTITY OR INDIVIDUAL GROWER SHALL BE SUBJECT TO THE TERMS AND
REQUIREMENTS OF THE PERMIT ISSUED TO THE INSTITUTION OF HIGHER
EDUCATION AND TO ENFORCEMENT BY THE DEPARTMENT FOR VIOLATIONS OF
THE PROVISIONS OF THIS ACT, ANY REGULATION ISSUED PURSUANT TO
THIS ACT OR THE PERMIT.
Section 8. Noncriminal offense.
Activities conducted under IN COMPLIANCE WITH this act shall
not be in violation of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, for variances in delta-9 tetrahydrocannabinol
concentration not exceeding 1% that are not the result of
intentional conduct.
Section 9. Appropriations.
A sum as may be necessary to carry out the provisions of this
act is appropriated from the General Fund to the board. AND 18
PA.C.S. § 7508(A)(1) (RELATING TO DRUG TRAFFICKING SENTENCING
AND PENALTIES) OR ANY OTHER LAW OF THIS COMMONWEALTH REGULATING
THE GROWTH OR CULTIVATION OF INDUSTRIAL HEMP.
SECTION 9. CRIMINAL AND CIVIL PENALTIES.
(A) CRIMINAL PENALTIES.--ANY PERSON THAT VIOLATES ANY OF THE
PROVISIONS OF THIS ACT OR ANY RULES OR REGULATIONS ISSUED
PURSUANT TO THIS ACT OR WHO IMPEDES, OBSTRUCTS, HINDERS OR
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OTHERWISE PREVENTS OR ATTEMPTS TO PREVENT THE DEPARTMENT IN
PERFORMANCE OF ITS DUTY IN CONNECTION WITH THE PROVISIONS OF
THIS ACT OR THE REGULATIONS PROMULGATED UNDER THIS ACT COMMITS A
SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
A FINE OF NOT LESS THAN $100 NOR MORE THAN $300 FOR THE FIRST
VIOLATION AND NOT LESS THAN $500 NOR MORE THAN $1,000 FOR A
SUBSEQUENT VIOLATION THAT OCCURS WITHIN ONE YEAR OF THE FIRST
CONVICTION.
(B) CIVIL PENALTIES.--THE FOLLOWING SHALL APPLY:
(1) IN ADDITION TO ANY OTHER REMEDY AVAILABLE AT LAW OR
IN EQUITY FOR A VIOLATION OF THIS ACT, OR THE REGULATIONS
PROMULGATED UNDER THIS ACT, THE DEPARTMENT MAY ASSESS A CIVIL
PENALTY OF NOT MORE THAN $5,000, PLUS COST OF REMEDIATION,
CONTAINMENT OR ERADICATION, UPON ANY PERSON FOR EACH
VIOLATION OF THIS ACT OR A REGULATION PROMULGATED OR ORDER
ISSUED UNDER AUTHORITY OF THIS ACT. THE CIVIL PENALTY
ASSESSED SHALL BE PAYABLE TO THE DEPARTMENT. SUCH PENALTY
AMOUNT SHALL BE COLLECTIBLE IN ANY MANNER PROVIDED BY LAW FOR
THE COLLECTION OF DEBT, INCLUDING REFERRING ANY COLLECTION
MATTER TO THE OFFICE OF ATTORNEY GENERAL, WHICH SHALL RECOVER
SUCH AMOUNT BY ACTION IN THE APPROPRIATE COURT.
(2) NO CIVIL PENALTY SHALL BE ASSESSED UNLESS THE PERSON
HAS BEEN GIVEN NOTICE AND AN OPPORTUNITY FOR A HEARING ON THE
ASSESSMENT IN ACCORDANCE WITH THE PROVISIONS OF 2 PA.C.S.
CHS. 5 SUBCH. A (RELATING TO PRACTICE AND PROCEDURE OF
COMMONWEALTH AGENCIES) AND 7 SUBCH. A (RELATING TO JUDICIAL
REVIEW OF COMMONWEALTH AGENCY ACTION).
(C) CIVIL REMEDY.--IN ADDITION TO ANY OTHER REMEDIES
PROVIDED FOR UNDER THIS ACT, THE ATTORNEY GENERAL, AT THE
REQUEST OF THE SECRETARY, MAY INITIATE, IN THE COMMONWEALTH
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COURT OR THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE
DEFENDANT RESIDES OR HAS HIS OR HER PLACE OF BUSINESS, AN ACTION
IN EQUITY FOR AN INJUNCTION TO RESTRAIN ANY AND ALL VIOLATIONS
OF THIS ACT OR THE RULES AND REGULATIONS PROMULGATED UNDER THIS
ACT OR AN ORDER OF THE DEPARTMENT FROM WHICH NO TIMELY APPEAL
HAS BEEN TAKEN OR WHICH HAS BEEN SUSTAINED ON APPEAL. IN ANY
SUCH PROCEEDING, THE COURT SHALL, UPON MOTION OF THE
COMMONWEALTH, ISSUE A PRELIMINARY INJUNCTION IF IT FINDS THAT
THE DEFENDANT IS ENGAGING IN CONDUCT WHICH IS CAUSING IMMEDIATE
OR IRREPARABLE HARM TO THE PUBLIC. THE COMMONWEALTH SHALL NOT BE
REQUIRED TO FURNISH BOND OR OTHER SECURITY IN CONNECTION WITH
THESE PROCEEDINGS. IN ADDITION TO AN INJUNCTION, THE COURT MAY
LEVY CIVIL PENALTIES AS PROVIDED FOR UNDER THIS ACT.
SECTION 10. DISPOSITION OF FUNDS.
(A) DEPOSIT.--MONEY RECEIVED FROM LICENSING, PERMITTING
FEES, FINES AND PENALTIES SHALL BE PAID INTO A SPECIAL
RESTRICTED ACCOUNT IN THE GENERAL FUND KNOWN AS THE PLANT PEST
MANAGEMENT ACCOUNT. ALL MONEY DEPOSITED IN THE PLANT PEST
MANAGEMENT ACCOUNT IS APPROPRIATED TO THE DEPARTMENT FOR THE
PURPOSE OF THIS ACT AND THE ACT OF DECEMBER 16, 1992 (P.L.1228,
NO.162), KNOWN AS THE PLANT PEST ACT, AND MAY NOT REPLACE MONEY
APPROPRIATED TO THE ACCOUNT AS PROVIDED UNDER SUBSECTION (B).
(B) SUPPLEMENTS.--THE PLANT PEST MANAGEMENT ACCOUNT MAY BE
SUPPLEMENTED BY MONEY RECEIVED FROM THE FOLLOWING SOURCES:
(1) STATE FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY TO
THE DEPARTMENT FOR PURPOSES OF THIS ACT.
(2) FEDERAL FUNDS APPROPRIATED TO THE DEPARTMENT FOR
PURPOSES OF THIS ACT.
(3) GIFTS AND OTHER CONTRIBUTIONS FROM PUBLIC OR PRIVATE
SOURCES FOR PURPOSES OF THIS ACT.
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Section 10 11. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 11 12. Expiration.
The provisions of this act shall expire 60 days after the
United States Department of Agriculture has been authorized to
regulate industrial hemp.
Section 12 13. Effective date.
This act shall take effect in 60 days.
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