PRINTER'S NO. 1225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
967
Session of
2015
INTRODUCED BY DIAMOND, FLYNN, SABATINA, V. BROWN, CALTAGIRONE,
M. DALEY, DAVIS, EVERETT, FABRIZIO, GAINEY, GIBBONS, GROVE,
J. HARRIS, KORTZ, MARSHALL, McNEILL, MOUL, MURT, REESE,
SANTORA, SCHLOSSBERG, SCHREIBER, WHEELAND AND FARINA,
APRIL 15, 2015
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 15, 2015
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for industrial hemp research; imposing
powers and duties on the Department of Agriculture and the
Legislative Reference Bureau; abrogating a regulation; and
making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 7
INDUSTRIAL HEMP RESEARCH
Sec.
701. Scope.
702. Definitions.
703. Administration.
704. Growth and cultivation.
705. Abrogation of regulation.
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706. Expiration.
§ 701. Scope.
This chapter relates to industrial hemp research.
§ 702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agricultural pilot program." A pilot program to study the
growth, cultivation or marketing of industrial hemp.
"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." As defined by section 101
of the Higher Education Act of 1965 (Public Law 89-329, 20
U.S.C. § 1001).
"Secretary." The Secretary of Agriculture of the
Commonwealth.
§ 703. Administration.
(a) Department.--The department has the following duties:
(1) Implement this chapter.
(2) Establish a certification and registration program
under section 704(b)(2) (relating to growth and cultivation)
and, when the program is operative, transmit notice of that
fact to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin.
(b) Regulations.--The department may promulgate regulations
to implement this chapter.
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(c) Secretary.--If the secretary determines that a Federal
agency is authorized to regulate industrial hemp, the secretary
shall transmit notice of that authorization to the bureau for
publication in the Pennsylvania Bulletin.
§ 704. Growth and cultivation.
(a) Authorization.--Notwithstanding section 4(1)(vii)1 of
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, industrial
hemp may be grown or cultivated by the department or an
institution of higher education for the purposes of research
conducted under an agricultural pilot program in compliance with
subsection (b).
(b) Manner.--Industrial hemp shall be grown or cultivated in
a manner that complies with all of the following:
(1) Ensures that only institutions of higher education
and the department are used to grow or cultivate industrial
hemp.
(2) Requires that sites used for growing or cultivating
industrial hemp be certified by and registered with the
department.
§ 705. Abrogation of regulation.
The provisions of 7 Pa. Code § 110.1(1) (relating to noxious
weed control list) are abrogated.
§ 706. Expiration.
This chapter shall expire upon publication of the notice
under section 703(c) (relating to administration).
Section 2. Repeals are as follows:
(1) The General Assembly finds and declares that the
repeal under paragraph (2) is necessary to effectuate the
addition of 3 Pa.C.S. Ch. 7.
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(2) Section 8(1) of the act of April 7, 1982 (P.L.228,
No.74), known as the Noxious Weed Control Law, is repealed.
Section 3. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) The addition of 3 Pa.C.S. § 703.
(ii) Section 2(1) of this act.
(iii) This section.
(2) The remainder of this act shall take effect upon
publication of the notice under 3 Pa.C.S. § 703(a)(2).
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