Regular Session 2015-2016 House Bill 0967 P.N. 3706

SENATE AMENDED

PRIOR PRINTER'S NOS. 1225, 2312, 3087,

3619

PRINTER'S NO. 3706

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, RAVENSTAHL

AND MICCARELLI, APRIL 15, 2015

SENATOR BROWNE, APPROPRIATIONS, RE-REPORTED AS AMENDED, IN

SENATE, JULY 1, 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.

705. Control orders.

706. Noncriminal offense.

707. Criminal and civil penalties.

708. Disposition of funds.

709. Abrogation of regulation.

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.

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§ 703. Administration.

(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) THIS CHAPTER 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 entity

to ensure compliance with this chapter and permitting

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requirements and regulatory standards if promulgated . ,

INCLUDING CONDUCTING OR REQUIRING TESTING OF SEEDS, PLANTS

AND PLANT MATERIALS AT THE PERMIT HOLDER'S COST.

(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.

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) (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

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(P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act.

(5) 18 Pa.C.S. § 7508(a)(1) (relating to drug

trafficking sentences SENTENCING 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) Except as provided under subsection (c), only

institutions of higher education and the department may grow

or cultivate industrial hemp.

(2) Sites used for growing or cultivating industrial

hemp must be certified , INSPECTED and permitted by and

registered with the department. THE FAILURE TO PERMIT

INSPECTION BY THE DEPARTMENT SHALL BE A VIOLATION OF THIS

CHAPTER.

(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.

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(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

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) EACH CONTRACTED GROWER SHALL SUBMIT FINGERPRINTS TO

THE PENNSYLVANIA STATE POLICE FOR THE PURPOSE OF OBTAINING

CRIMINAL HISTORY RECORD CHECKS. THE PENNSYLVANIA STATE POLICE

OR ITS AUTHORIZED AGENT SHALL SUBMIT THE FINGERPRINTS TO THE

FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF VERIFYING

THE IDENTITY OF THE APPLICANT AND OBTAINING A CURRENT RECORD

OF ANY CRIMINAL ARRESTS AND CONVICTIONS. ANY CRIMINAL HISTORY

RECORD INFORMATION RELATING TO CONTRACTED GROWERS OBTAINED

UNDER THIS PARAGRAPH BY THE DEPARTMENT MAY BE INTERPRETED AND

USED BY THE DEPARTMENT ONLY TO DETERMINE THE APPLICANT'S

CHARACTER, FITNESS AND SUITABILITY TO SERVE AS CONTRACTED

GROWERS UNDER THIS CHAPTER.

(6) (7) A person with a felony drug conviction within

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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

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

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measures and the date by which the measures must be completed.

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.

§ 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.

§ 707 . Criminal and civil penalties.

(a) Penalties authorized.--In addition to any criminal

penalty that may apply if a person is operating outside the

requirements of this chapter or a PERMIT, 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

PERMIT, 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 PERMIT, rule or regulation promulgated

under this chapter.

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(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.

(1) In addition to any other remedy available at law or

in equity for a violation of this chapter or a PERMIT, 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 PERMIT,

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

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).

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(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 PERMIT,

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

as provided for under this chapter.

§ 708 . Disposition of funds.

(a) Deposit of funds.-- Permitting ALL fees, fines and

penalties COLLECTED UNDER THIS CHAPTER shall be paid into a

SUBACCOUNT IN 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 AND SHALL BE

appropriated BY THE GENERAL ASSEMBLY 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 .

THE MONEY IN THE SUBACCOUNT SHALL NOT replace revenues

appropriated to the fund as allowed under subsection (b).

(b) Supplement to account.--The SUBACCOUNT IN THE Plant Pest

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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.

§ 709 . Abrogation of regulation.

The provisions of 7 Pa. Code § 110.1(1) (relating to noxious

weed control list) are abrogated.

§ 710 . Expiration.

This chapter shall expire upon publication IN THE

PENNSYLVANIA BULLETIN 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.

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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