1.Definition.
1-A.
Definitions.
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
2.Growing permitted.
Notwithstanding any provision of law to the contrary, a person may plant, grow, harvest, possess, process, sell and buy hemp if that person holds a license issued pursuant to subsection 4. A grower licensee may plant, grow and harvest only hemp that is grown from seeds saved by the grower licensee as provided in paragraph A, acquired from a certified seed source, grown from a clone that is produced from seeds acquired from a certified seed source or propagated from tissue cultures that are removed from live plants grown from seeds acquired from a certified seed source. A grower licensee may acquire hemp seeds directly from
Free access — add to your briefcase to read the full text and ask questions with AI
1.
Definition.
1-A.
Definitions.
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
2.
Growing permitted.
Notwithstanding any provision of law to the contrary, a person may plant, grow, harvest, possess, process, sell and buy hemp if that person holds a license issued pursuant to subsection 4. A grower licensee may plant, grow and harvest only hemp that is grown from seeds saved by the grower licensee as provided in paragraph A, acquired from a certified seed source, grown from a clone that is produced from seeds acquired from a certified seed source or propagated from tissue cultures that are removed from live plants grown from seeds acquired from a certified seed source. A grower licensee may acquire hemp seeds directly from a certified seed source or from a hemp seed distributor licensed in this State distributing hemp seeds pursuant to subsection 2‑A.
2-A.
Seed distribution.
The commissioner may issue a license for a hemp seed distributor if the hemp seeds distributed by the hemp seed distributor are from a certified seed source. The commissioner may issue a license under this subsection to a holder of a seed labeling license pursuant to section 1044‑A.
3.
Application.
A person desiring to grow hemp for commercial purposes shall apply to the commissioner for a license on a form prescribed by the commissioner. The application must include the name and address of the applicant, the legal description of the land area or indoor facility to be used for the production of hemp and a map, an aerial photograph or global positioning coordinates sufficient for locating the production fields or the floor plan of any indoor facility.
4.
License issued.
Upon review and approval of an application, the commissioner shall notify the applicant for a license to grow hemp under subsection 3 of the approval and request that the application fee determined under subsection 7 be submitted. Upon receipt of the appropriate fee, the commissioner shall issue a license, which is valid for a period of one year and only for the site or sites specified in the license.
5.
Documentation.
5-A.
Final location for growing hemp.
A grower licensee shall, within 14 days of planting hemp, provide the commissioner with a final legal description of the land area or indoor facility to be used for the production of hemp and a map, an aerial photograph or global positioning coordinates sufficient for locating each field, site or indoor facility where hemp is growing.
6.
Rules.
The commissioner shall adopt rules to align the laws governing hemp in this State with 7 United States Code, Section 1639p(a)(2)(A) (2020), 7 Code of Federal Regulations, Part 990 (2020) and any additional federal statutes or regulations.
6-A.
Preliminary program; indoor cultivation.
7.
Fees.
The commissioner shall establish through rulemaking under subsection 6 an application fee, a license fee and per acre or per square foot fees for monitoring, sampling and testing that are reasonable and necessary to cover the costs of the department. The application fee must be no less than $50 and no more than $100, the license fee must be no less than $100 and no more than $500, and the fees for monitoring, sampling and testing must be no less than $1 per acre and no more than $100 per acre and no more than 25¢ per square foot.
8.
Licensing contingent upon action by Federal Government.
9.
Confidentiality.
10.
Hemp not tracked as cannabis.
Notwithstanding any provision of Title 22, chapter 558‑C or Title 28‑B, chapter 1 to the contrary, hemp and products derived from hemp may not be tracked as part of the medical use of cannabis program under Title 22, chapter 558‑C or the regulation of adult use cannabis under Title 28‑B, chapter 1.
11.
Annual report.
No later than April 1st, the commissioner shall submit to the joint standing committee of the Legislature having jurisdiction over agricultural matters an annual report that contains at a minimum:
12.
Potentially intoxicating hemp products; prohibited sales.
A potentially intoxicating hemp product may not be sold to a person who has not attained 21 years of age.
13.
Packaging and labeling requirements.
This subsection governs packaging and labeling requirements for hemp products.