Amendment 5957 to Senate Bill 50 P.N. 1420, Regular Session 2015-2016

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).

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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