PRINTER'S NO. 354
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
50
Session of
2015
INTRODUCED BY SCHWANK, FOLMER, TEPLITZ, FARNESE, LEACH,
YUDICHAK, WOZNIAK AND McILHINNEY, FEBRUARY 12, 2015
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 12, 2015
AN ACT
Establishing an industrial hemp industry in this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Industrial
Hemp Act.
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:
"Board." The Hemp Research Board.
"Department." The Department of Agriculture of the
Commonwealth.
"Industrial hemp." A plant of the genus cannabis and any
part of the plant, whether growing or not, containing a delta-9
tetrahydrocannabinol concentration of no more than .3% on a dry
weight basis.
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Section 3. Industrial hemp.
(a) Activities authorized.--An individual or entity
registered with the board may grow, cultivate or market
industrial hemp for any of the following purposes of research in
accordance with section 4:
(1) Conducting research or development of industrial
hemp.
(2) Cultivation or production of industrial hemp and
other related strains.
(3) Marketing industrial hemp.
(4) Any other purpose as allowed by the department.
(b) Oilseed.--Industrial hemp shall be recognized as an
oilseed in this Commonwealth.
Section 4. Board.
(a) Board.--There is created within the department the Hemp
Research Board. The board shall operate in accordance with the
following:
(1) The board shall be comprised of the following
members:
(i) The Secretary of Agriculture or a designee.
(ii) The Commissioner of Professional and
Occupational Affairs.
(iii) Three members appointed by the Governor and
approved by the Senate. One of the appointees shall
represent a Statewide agricultural organization. Each
appointee shall serve a staggered three-year term.
(2) There shall be a chair of the board in accordance
with the following:
(i) The Governor shall designate one of the board
members as chair, and the chair shall serve at the
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pleasure of the Governor. When present, the chair shall
preside at all meetings. In the chair's absence, a member
designated by the chair shall preside.
(ii) Three members of the board shall constitute a
quorum, and an action or order of the board shall require
the approval of at least three members.
(3) The board may appoint a secretary to hold office at
the board's pleasure. If appointed, the secretary shall have
powers and shall perform duties not contrary to law as the
board shall prescribe. The secretary shall receive
compensation as the board determines with the approval of the
Governor. The secretary shall have power and authority to
designate one of the clerks appointed by the board to perform
the duties of the secretary during the secretary's absence.
The appointed clerk shall exercise the powers of the
secretary of the board for the time designated.
(b) Powers and duties.--The board shall have the following
powers and duties:
(1) To develop and implement regulations necessary to
carry out the provisions of this act.
(2) To issue, renew, deny, revoke, suspend or refuse to
renew registration to cultivate, grow or market industrial
hemp.
(3) To develop an application for registration.
(4) To create and maintain a database of registered
persons.
(5) To inspect the facilities, seeds, plants and other
items used by each registered grower to ensure compliance
with this act and regulations promulgated under this act.
(6) To establish reasonable registration fees to cover
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the cost of administering this act.
(7) To regulate the labeling and testing of industrial
hemp within this Commonwealth.
(8) To establish guidelines for research conducted under
section 5.
(c) Report.--Starting two years after the effective date of
this act, and continuing annually, the board shall submit to the
General Assembly a report detailing the following:
(1) The number of individuals and entities registered
under this act.
(2) A description of the regulations implemented since
the previous report.
(3) Any suspensions, revocations, refusals to renew or
deny and the reasons for those dispositions.
(4) A financial accounting of the fees taken in and the
expenditures of the department to carry out this act.
(5) Any other information requested by the General
Assembly.
Section 5. Research.
A college or university located in this Commonwealth may
apply to the department to conduct research in accordance with
this act and the regulations promulgated under this act.
Section 6. Regulations.
(a) Requirement.--The board shall promulgate regulations as
necessary to implement this act.
(b) Temporary regulations.--In order to facilitate the
implementation of this act, regulations promulgated by the board
shall be deemed temporary regulations which shall expire not
later than two years following the publication of the temporary
regulation. Temporary regulations shall not be subject to:
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(1) 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.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(c) Expiration.--The board's authority to adopt temporary
regulations under subsection (b) shall expire two years after
the effective date of this section. Regulations adopted after
this period shall be promulgated as provided by law.
(d) Publication.--The board shall begin publishing temporary
regulations in the Pennsylvania Bulletin no later than three
months following the effective date of this section.
Section 7. Contracts.
(a) Private persons.--A college or university may contract
with private persons consistent with this act for the purposes
of research.
(b) Validity.--No contract is void or voidable if it
pertains to activities authorized by this statute.
Section 8. Noncriminal offense.
Activities conducted under this act shall not be in violation
of the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, for
variances in delta-9 tetrahydrocannabinol concentration not
exceeding 1% that are not the result of intentional conduct.
Section 9. Appropriations.
A sum as may be necessary to carry out the provisions of this
act is appropriated from the General Fund to the board.
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Section 10. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 11. Expiration.
The provisions of this act shall expire 60 days after the
United States Department of Agriculture has been authorized to
regulate industrial hemp.
Section 12. Effective date.
This act shall take effect in 60 days.
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