S0050B1420A05957 VDL:JSL 03/07/16 #90 A05957
AMENDMENTS TO SENATE BILL NO. 50
Sponsor: SENATOR SCHWANK
Printer's No. 1420
Amend Bill, page 1, line 3, by striking out the semicolon
after "Agriculture"
Amend Bill, page 1, line 3, by inserting after "and "
the Legislative Reference Bureau;
Amend Bill, page 1, line 3, by inserting after "penalties"
; and establishing an account
Amend Bill, page 1, lines 9 through 18; pages 2 through 8,
lines 1 through 30; page 9, lines 1 through 3; by striking out
all of said lines on said pages and inserting
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:
"Account." The Plant Pest Management Account established in
section 9.
"Agricultural pilot program." The program under section 3 to
research the growth, cultivation, marketing and sale of
industrial hemp to ensure that institutions of higher education,
and sites and persons utilized by the institutions of higher
education, grow or cultivate industrial hemp as authorized under
this act.
"Department." The Department of Agriculture of the
Commonwealth.
"Industrial hemp." The plant cannabis sativa l. and any part
of the 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." An institution which:
(1) meets the definition set forth in section 101 of the
Higher Education Act of 1965 (Public Law 89-329, 20 U.S.C. §
1001); and
(2) is located in this Commonwealth.
"Secretary." The Secretary of Agriculture of the
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Commonwealth.
Section 3. Industrial hemp.
(a) Authority.--Notwithstanding any other law to the
contrary, the department may implement the agricultural pilot
program to research industrial hemp consistent with this act and
Federal law.
(b) Permits.--An institution of higher education, or a
person that supplies services to the institution of higher
education to implement or operate the agricultural pilot
program, may apply to the department for a permit under section
4(3).
(c) Oilseed.--Industrial hemp shall be recognized as an
oilseed in this Commonwealth.
(d) Prohibition.--A person may not grow, cultivate, market
or sell industrial hemp unless all of the following apply:
(1) The person is part of the agricultural pilot program
pursuant to a contract with an institution of higher
education.
(2) The person has a permit under section 4(3).
Section 4. Department.
The department has the following powers and duties:
(1) To develop and implement the agricultural pilot
program in this Commonwealth.
(2) To promulgate regulations under section 5.
(3) Subject to 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) and
notwithstanding 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), to issue, renew, deny,
revoke, suspend or refuse to renew a permit as follows:
(i) For an institution of higher education to
conduct research relating to the cultivation or marketing
of industrial hemp.
(ii) For a person that contracts with the department
or an institution of higher education as necessary to
implement the agricultural pilot program.
(4) To establish requirements for the use or reuse of
seeds, crops or products produced as the end result of the
agricultural pilot program.
(5) To adopt and publish permit fees, which do not
exceed the actual cost of administering this act.
(6) To create and maintain a database of institutions of
higher education and persons that have permits under
paragraph (3).
(7) To inspect facilities, sites, seeds, plants,
individual growers and persons or things utilized as part of
the agricultural pilot program to ensure compliance with this
act and regulations promulgated under this act.
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(8) To ensure that no industrial hemp is grown,
cultivated, marketed or sold except in accordance with this
act.
Section 5. Regulations.
(a) Authority.--The department may promulgate regulations to
ensure compliance with this act and policies and procedures of
the department. Regulations include the following:
(1) Research.
(2) Notwithstanding 3 Pa.C.S. Ch. 71 (relating to seed)
and regulations promulgated under that chapter, labeling,
packaging and testing of industrial hemp and industrial hemp
seeds.
(3) Applications and other information required to be
submitted to the department.
(4) Marketing and advertising of industrial hemp.
(b) Temporary regulations.--
(1) Within three months of the effective date of this
paragraph, in order to facilitate the implementation of this
section, the department may promulgate temporary regulations.
(2) Temporary regulations shall not be subject to any of
the following:
(i) 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.
(ii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(iii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(3) Temporary regulations shall expire two years after
the effective date of this section.
Section 6. 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
agricultural pilot program. The contract terms must incorporate
the provisions of the permit. 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 a violation of any of the following:
(1) This act.
(2) A regulation issued under this act.
(3) The permit.
Section 7. Noncriminal offense.
The department may assess a civil penalty of not more than
$5,000 for a violation of this act.
Section 8. Criminal penalties.
A person that violates section 3(d) commits a summary
offense.
Section 9. Account.
(a) Deposit.--Money received from licensing, permitting
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fees, fines and penalties under this act shall be paid into a
special restricted account in the General Fund known as the
Plant Pest Management Account. All money deposited in the
account is appropriated to the department for the purposes 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 in subsection (b).
(b) Supplements.--The account may be supplemented by money
received from the following sources:
(1) State money appropriated to the department for
purposes of this act.
(2) Federal money appropriated to the department for
purposes of this act.
(3) Gifts and other contributions from public or private
sources for purposes of this act.
Section 10. Expiration.
(a) Federal action.--If the United States Department of
Agriculture is authorized to regulate industrial hemp, the
secretary shall transmit notice of the authorization to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin.
(b) Date.--This act shall expire 60 days after publication
of the notice under subsection (a).
Section 11. Effective date.
This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) Section 3(a).
(ii) Section 4(1) and (2).
(iii) Section 5.
(iv) Section 10.
(v) This section.
(2) The remainder of this act shall take effect in 60
days.
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See A05957 in
the context
of SB0050