PRIOR PRINTER'S NOS. 1225, 2312
PRINTER'S NO. 3087
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, FARINA, D. COSTA,
DAVIDSON, WARNER, ROZZI, DONATUCCI, JAMES, STAATS AND
RAVENSTAHL, APRIL 15, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 5, 2016
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; imposing criminal and civil
penalties; 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.
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705. CONTROL ORDERS.
705 706. Noncriminal offense.
70 6 707. Criminal and civil penalties.
707 708. Disposition of funds.
70 8 709. Abrogation of regulation.
70 9 710. 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.
"CONTROL ORDER." A WRITTEN ORDER ISSUED BY THE DEPARTMENT TO
A PERSON ESTABLISHING REQUIRED TREATMENT MEASURES, INCLUDING
DESTRUCTION, FOR A VIOLATION OF A PROVISION OF THIS CHAPTER OR A
REGULATION, PERMIT OR ORDER ISSUED UNDER THIS CHAPTER.
"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.
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(a) Department.--The department has the following duties:
(1) Implement this chapter.
(2) Establish , through permits, 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) Powers and duties.--The department shall have the
following powers and duties:
(1) Notwithstanding any other law to the contrary, to
regulate and permit industrial hemp under this chapter in a
manner consistent with the provisions of this chapter and all
Federal laws, regulations and orders.
(2) To ESTABLISH, implement AND ADMINISTER an
agricultural pilot program TO THE EXTENT FUNDS ARE AVAILABLE .
(3) To develop and implement permitting requirements,
and regulations if necessary, to carry out the provisions of
this chapter.
(4) To issue, renew, deny, revoke, suspend or refuse to
renew permits to conduct an agricultural pilot program.
(5) To develop an application for registration.
(6) To develop an application for permits.
(7) To create and maintain a database of permitted
institutions of higher education AND SITES USED TO GROW OR
CULTIVATE INDUSTRIAL HEMP .
(8) To inspect the facilities, growing areas, fields,
seeds, plants and other items used by each permitted
institution of higher education ENTITY to ensure compliance
with this chapter and permitting requirements and regulatory
standards if promulgated.
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(9) To establish, through permit, restrictions for the
use or reuse of seeds, crops or products produced as the end
result of an agricultural pilot program.
(10) To establish reasonable permitting and inspection
fees to cover the cost of administration of this chapter.
(11) Notwithstanding any provision 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.
(12) To establish, through permitting standards or
regulation, recordkeeping requirements necessary to
administer the provisions of this chapter.
(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.-- 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) ,
notwithstanding:
(1) The Controlled Substances Act (Public Law 91-513, 84
Stat. 1236, 21 U.S.C. § 801 et seq.).
(2) The Safe and Drug-Free Schools and Communities Act
(Public Law 107-110, 20 U.S.C. § 7101 et seq.). (RESERVED).
(3) 41 U.S.C. Ch. 81 (relating to drug-free workplace).
(4) 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.
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(5) 18 Pa.C.S. § 7508(a)(1) (relating to drug
trafficking sentences and penalties).
(6) Any other Federal law or State law.
(b) Manner.--Industrial hemp shall be grown or cultivated in
a manner that complies with all of the following:
(1) Ensures that EXCEPT AS PROVIDED UNDER SUBSECTION
(C), only institutions of higher education and the department
are used to MAY grow or cultivate industrial hemp.
(2) Requires that sites SITES used for growing or
cultivating industrial hemp MUST be certified and permitted
by and registered with the department.
(C) CONTRACTED GROWERS.--
(1) THE DEPARTMENT, TO THE EXTENT NECESSARY TO CARRY OUT
THE PROVISIONS OF AN AGRICULTURAL PILOT PROGRAM, MAY CONTRACT
WITH A PERSON TO GROW OR CULTIVATE INDUSTRIAL HEMP.
(2) AN INSTITUTION OF HIGHER EDUCATION HOLDING A PERMIT
FROM THE DEPARTMENT, TO THE EXTENT NECESSARY TO CARRY OUT THE
PROVISIONS OF AN AGRICULTURAL PILOT PROGRAM, MAY CONTRACT
WITH A PERSON TO GROW OR CULTIVATE INDUSTRIAL HEMP.
(3) A CONTRACT BETWEEN AN INSTITUTION OF HIGHER
EDUCATION AND A PERSON MUST INCORPORATE THE PROVISIONS OF THE
PERMIT ISSUED TO THE INSTITUTION OF HIGHER EDUCATION AND MUST
REQUIRE WRITTEN APPROVAL FROM THE DEPARTMENT.
(4) A PERSON WITH A CONTRACT TO GROW OR CULTIVATE
INDUSTRIAL HEMP MUST PROVIDE THE FOLLOWING INFORMATION:
(I) THE NAME AND MAILING ADDRESS OF THE PERSON.
(II) THE LEGAL DESCRIPTION AND GLOBAL POSITIONING
COORDINATES SUFFICIENT TO LOCATE EACH SITE TO BE USED TO
GROW OR CULTIVATE INDUSTRIAL HEMP.
(III) A SIGNED DECLARATION INDICATING WHETHER THE
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PERSON HAS EVER BEEN CONVICTED OF A FELONY OR
MISDEMEANOR.
(5) A PERSON WITH A CONTRACT UNDER THIS SUBSECTION IS
SUBJECT TO A GRANT OF NECESSARY PERMISSIONS, WAIVERS OR OTHER
FORM OF VALID LEGAL STATUS BY THE UNITED STATES DRUG
ENFORCEMENT ADMINISTRATION OR OTHER APPROPRIATE FEDERAL
AGENCY PURSUANT TO FEDERAL LAWS RELATING TO INDUSTRIAL HEMP.
THE DEPARTMENT MAY SEEK ALL-INCLUSIVE PERMISSIONS, WAIVERS OR
OTHER FORMS OF VALID LEGAL STATUS FROM THE UNITED STATES DRUG
ENFORCEMENT ADMINISTRATION OR OTHER APPROPRIATE FEDERAL
AGENCY PURSUANT TO FEDERAL LAWS RELATING TO INDUSTRIAL HEMP
FOR ALL PERSONS WITH A CONTRACT TO GROW OR CULTIVATE
INDUSTRIAL HEMP.
(6) A PERSON WITH A FELONY DRUG CONVICTION WITHIN THE
PAST 10 YEARS MAY NOT CONTRACT TO GROW OR CULTIVATE
INDUSTRIAL HEMP UNDER THIS SUBSECTION.
§ 705. CONTROL ORDERS.
(A) AUTHORITY OF DEPARTMENT.--
(1) THE DEPARTMENT MAY ISSUE A CONTROL ORDER:
(I) REQUIRING ANY PERSON REGISTERED AND PERMITTED TO
GROW INDUSTRIAL HEMP TO IMPLEMENT TREATMENT MEASURES FOR
INDUSTRIAL HEMP IF THE DEPARTMENT FINDS THAT THE PERSON
HAS VIOLATED A PROVISION OF THIS CHAPTER OR A REGULATION,
ORDER OR PERMITTING REQUIREMENT ISSUED UNDER THIS
CHAPTER.
(II) UPON FINDING INDUSTRIAL HEMP GROWING ON ANY
PREMISES OR PROPERTY WITHOUT A VALID REGISTRATION OR
PERMIT.
(2) A CONTROL ORDER SHALL SET FORTH THE GENERAL FACTUAL
AND LEGAL BASIS FOR THE ACTION AND SHALL ADVISE THE AFFECTED
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PERSON THAT WITHIN 15 DAYS OF RECEIPT OF THE CONTROL ORDER
THE PERSON MAY FILE WITH THE DEPARTMENT A WRITTEN REQUEST FOR
AN ADMINISTRATIVE HEARING.
(3) THE HEARING UNDER PARAGRAPH (2) SHALL BE CONDUCTED
IN ACCORDANCE WITH 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW
AND PROCEDURE). THE WRITTEN CONTROL ORDER OF THE DEPARTMENT
SHALL BE SERVED UPON THE AFFECTED PERSON BY PERSONAL SERVICE
OR BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
THE CONTROL ORDER SHALL BECOME FINAL UPON THE EXPIRATION OF
THE 15-DAY PERIOD FOR REQUESTING AN ADMINISTRATIVE HEARING
UNLESS A TIMELY REQUEST FOR A HEARING HAS BEEN FILED WITH THE
DEPARTMENT.
(B) REQUIRED CONTENTS.--THE CONTROL ORDER SHALL PRESCRIBE
THE REQUIRED REMEDIATION, CONTROL, ERADICATION OR TREATMENT
MEASURES AND THE DATE BY WHICH THE MEASURES MUST BE COMPLETED.
(C) EXPENSES AND COSTS.--THE DEPARTMENT MAY RECOVER ANY
EXPENSES AND COSTS INCURRED IN ENFORCING AND CARRYING OUT THE
MEASURES ESTABLISHED IN THE CONTROL ORDER FROM THE PERSON THAT
WAS THE SUBJECT OF THE DEPARTMENT'S CONTROL ORDER.
§ 705 706 . Noncriminal offense.
An activity conducted in compliance with this chapter shall
not be in violation of the laws of the Commonwealth including:
(1) The act of April 14, 1972 (P.L.233, No.64), known as
The Controlled Substance, Drug, Device and Cosmetic Act.
(2) 18 Pa.C.S. § 7508(a)(1) (relating to drug
trafficking sentencing and penalties).
(3) Any other law of the Commonwealth regulating the
growth or cultivation of industrial hemp.
§ 706 707 . Criminal and civil penalties.
(a) Penalties authorized.--In addition to any criminal
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penalty that may apply if a person is operating outside the
requirements of this chapter or a rule or regulation promulgated
under this chapter, the department may impose the penalties
under this section.
(b) Criminal penalties.--The following shall apply:
(1) A person commits a summary offense if the person:
(i) violates a provision of this chapter or a rule
or regulation promulgated under this chapter; or
(ii) impedes, obstructs, hinders or otherwise
prevents or attempts to prevent the department in the
performance of its duty in connection with a provision of
this chapter or a rule or regulation promulgated under
this chapter.
(2) Upon conviction of an offense under paragraph (1),
the person shall be sentenced to pay a fine of:
(i) Not less than $100 nor more than $300 for the
first violation.
(ii) Not less than $500 nor more than $1,000 for a
subsequent violation that occurs within one year of the
first conviction.
(c) Civil penalties.--The following shall apply:
(1) In addition to any other remedy available at law or
in equity for a violation of this chapter or a rule or
regulation promulgated under this chapter, the department may
assess upon a person a civil penalty of not more than $5,000,
plus the cost of remediation, containment or eradication, for
each violation of this chapter, a rule or regulation
promulgated under this chapter or an order issued under the
authority of this chapter.
(2) A civil penalty assessed under this subsection shall
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be payable to the department.
(3) The amount of the civil penalty under this
subsection shall be collectible in a manner provided by law
for the collection of debt, including referral of the
collection matter to the Office of Attorney General, which
shall recover the amount by action in the appropriate court.
(4) A civil penalty may not be assessed unless the
person subject to the penalty has been given notice and an
opportunity for a hearing on the assessment in accordance
with the provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to
practice and procedure of Commonwealth agencies) and Ch. 7
Subch. A (relating to judicial review of Commonwealth agency
action).
(d) Civil remedy.--The following shall apply:
(1) In addition to any other remedy provided for in this
chapter, at the request of the secretary, the Attorney
General may initiate, in the Commonwealth Court or the court
of common pleas of the county in which the defendant resides
or has a place of business, an action in equity for an
injunction to restrain a violation of this chapter, a rule or
regulation promulgated under this chapter or an order of the
department from which no timely appeal has been taken or
sustained on appeal.
(2) In a proceeding under paragraph (1), upon motion of
the Commonwealth, the court shall issue a preliminary
injunction if it finds that the defendant is engaging in
conduct that is causing immediate or irreparable harm to the
public. The Commonwealth shall not be required to furnish
bond or other security in connection with the proceeding. In
addition to an injunction, the court may levy a civil penalty
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as provided for under this chapter.
§ 707 708 . Disposition of funds.
(a) Deposit of funds.--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 funds
deposited in the Plant Pest Management Account are appropriated
to the department for the purpose of this chapter and the act of
December 16, 1992 (P.L.1228, No.162), known as the Plant Pest
Act, and are not to replace revenues appropriated to the fund as
allowed under subsection (b).
(b) Supplement to account.--The Plant Pest Management
Account may be supplemented by:
(1) Funds appropriated from the General Assembly to the
department for purposes of this chapter.
(2) Federal funds appropriated to the department for
purposes of this chapter.
(3) Gifts and other contributions from public or private
sources for purposes of this chapter.
§ 708 709 . Abrogation of regulation.
The provisions of 7 Pa. Code § 110.1(1) (relating to noxious
weed control list) are abrogated.
§ 709 710 . 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.
(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.
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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(a).
(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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