A017-9900
10 AN ACT concerning
20 Agriculture - The Legalization of Industrial Hemp
30 FOR the purpose of legalizing the growth and manufacture of industrial hemp under certain
40 provisions; defining technical terms establishing licensing criteria for the commercial
50 use of industrial hemp; requiring the Secretary of Agriculture to ensure compliance with
60 this subtitle by specific means; authorizing the Secretary to enter certain locations
70 under certain circumstances; establishing violations of this Act; and establishing penalties
80 BY adding to
90 Article - Agriculture
100 Section 9-801 through 9-807, inclusive, under the new subtitle "Subtitle 8. Industrial
110 Hemp"
120 Annotated Code of Maryland
130 (1999 Replacement Volume and 1999 Supplement)
140 BY repealing and reenacting, with amendments,
150 Article 27 - Crimes and Punishments
160 Section 277(o), 279(a)(3)c.12., and 287A(a)(7)
170 Annotated Code of Maryland
180 (1996 Replacement Volume and 1999 Supplement)
190 SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE:
200 Article - Agriculture
210 SUBTITLE 8. INDUSTRIAL HEMP.
220 9-801.
230 (A) THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
240 (B) "INDUSTRIAL HEMP" MEANS ALL PARTS OF THE PLANT CANNABIS
250 SATIVA L. CONTAINING NO GREATER THAN 1% TETRAHYDROCANNABINOL BY
260 WEIGHT.
270 (C) "HEMP PRODUCT" MEANS A PRODUCT GENERATED FROM THE PLANT
280 MATERIALS OF INDUSTRIAL HEMP.
290 (D) "COMMERCIAL USE" MEANS THE GROWTH OF INDUSTRIAL HEMP OR
300 THE MANUFACTURE OF A HEMP PRODUCT.
310 (E) "GROWER" MEANS A PERSON WHO PRODUCES INDUSTRIAL HEMP.
320 (F) "MANUFACTURER" MEANS A PERSON WHO OWNS OR MANAGES A
330 BUSINESS THAT MANUFACTURES A HEMP PRODUCT FROM INDUSTRIAL HEMP.
340 9-802.
350 THE SECRETARY SHALL AUTHORIZE:
360 (1) THE GROWTH AND MANUFACTUR OF INDUSTRIAL HEMP;
370 (2) THE REGENERATION OF SEED FOR THE CONTINUED GROWTH OF
380 INDUSTRIAL HEMP.
390 9-803.
400 (A) A GROWER OR MANUFACTURER MUST BE LICENSED BY THE
410 DEPARTMENT BEFORE THEY MAY ENGAGE IN THE COMMERCIAL USE OF
420 INDUSTRIAL HEMP.
430 (B) AN APPLICANT FOR A LICENSE SHALL SUBMIT TO THE DEPARTMENT AN
440 APPLICATION ON A FORM APPROVED BY THE DEPARTMENT; AND
450 (C) THE SECRETARY, UNDER GUIDELINES OF THE UNITED STATES DRUG
460 ENFORCEMENT ADMINISTRATION, SHALL ESTALISH CRITERIA FOR LICENSING
470 OF THE COMMERCIAL USE OF INDUSTRIAL HEMP. CRITERIA SHALL INCLUDE:
480 (1) A BACKGROUND CHECK OF A GROWER OR MANUFACTURER;
490 (2) APPROVAL OF A SITE USED TO GROW INDUSTRIAL HEMP OR TO
500 MANUFACTURE A HEMP PRODUCT;
510 (3) CERTIFICATION OF TRANSPORTATION AND FINAL DESTINATION OF RAW
520 INDUSTRIAL HEMP; AND
530 (4) REQUIREMENTS FOR THE SUPERVISION OF INDUSTRIAL HEMP
540 DURING ITS GROWTH, HARVEST, AND MANUFACTURE.
550 (D) A LICENSE MAY NOT BE ISSUED TO A PERSON WHO HAS BEEN
560 CONVICTED OF A FELONY OR A DRUG-RELATED MISDEMEANOR.
570 9-804.
580 (A) THE SECRETARY WILL ENSURE COMPLIANCE WITH THIS SUBTITLE BY:
590 (1) CONTROLLING THE SUPPLY OF HEMP SEEDS TO ENSURE THAT
600 ONLY THOSE SEEDS THAT MEET THE TETRAHYDROCANNABINOL
610 LIMITATIONS OF THIS SUBTITLE ARE CULTIVATED;
620 (2) INSPECTING AND TESTING INDUSTRIAL HEMP CROPS FOR
630 TETRAHYDROCANNABINOL CONTENT; AND
640 (3) REQUIRING A LICENSEE TO ENSURE THE INTEGRITY OF THE
650 INDUSTRIAL HEMP CROP WHILE IT IS IN THE FIELD, INCLUDING:
660 (I) DESTROYING OR RECYCLING THE FLOWERS AND LEAVES
670 OF THE HEMP PLANT AT THE PLACE OF GROWTH; AND
680 (II) MAINTAINING ACCURATE RECORDS THAT REFLECT
690 COMPLIANCE WITH THIS SUBTITLE.
700 (B) (1) THE SECRETARY MAY ENTER ANY PREMISES, LAND, OR BUILDING
710 WHERE INDUSTRIAL HEMP IS GROWN OR MANUFACTURED AT ANY TIME
720 IN ORDER TO ENSURE COMPLIANCE WITH THIS SUBTITLE.
730 (2) THE SECRETARY MAY TAKE SAMPLES OF INDUSTRIAL HEMP FOR
740 TETRAHYDROCANNABINOL ANALYSIS.
750 (C) THE SECRETARY SHALL OVERSEE PROPER NOTIFICATION TO LAW
760 ENFORCEMENT OFFICIALS OF LICENSED INDUSTRIAL HEMP ACTIVITIES
770 WITHIN THE APPROPRIATE JURISDICTIONS.
780 9-805.
790 THE SECRETARY SHALL TAKE ACTIONS NECESSARY TO IMPLEMENT THIS
800 SUBTITLE.
810 9-806.
820 IT IS A VIOLATION OF THIS SUBTITLE TO:
830 (1) MAKE A FALSE STATEMENT OR MISREPRESENT INFORMATION ON
840 AN APPLICATION FOR A LICENSE ; OR
850 (2) FAIL TO COMPLY WITH ANY PROVISIONS OF THIS SUBTITLE OR
860 ANY REGULATION ADOPTED UNDER THIS SUBTITLE.
870 9-807.
880 (A) THE DEPARTMENT MAY DENY, SUSPEND, OR REVOKE A LICENSE FOR
890 VIOLATION OF THIS SUBTITLE OR FOR A VIOLATION OF ANY REGULATION
900 ADOPTED UNDER THIS SUBTITLE.
910 (B) A PERSON WHO GROWS OR MANUFACTURES INDUSTRIAL HEMP
920 WITHOUT A LICENSE UNDER THIS SUBTITLE IS GUILTY OF A MISDEMEANOR
930 AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN $1,000 OR
940 IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.
950 (C) A PERSON WHO GROWS OR MANUFACTURES INDUSTRIAL HEMP THAT
960 EXCEEDS THE 1% TETRAHYDROCANNABINOL LIMIT WITHOUT A LICENSE
970 UNDER THIS SUBTITLE IS SUBJECT TO THE PENALTIES OF ARTICLE 27, ¤¤ 276
980 THROUGH 305 OF THE CODE.
990 Article 27 - Crimes and Punishments
1000 277.
1010 The following words and phrases as used in this subheading shall have the following
1020 meanings unless the context otherwise requires:
1030 (o) "Marihuana" means all parts of any plant of the genus Cannabis, whether
1040 growing or not; the seeds thereof; the resin extracted from any part of the plant; and
1050 every compound, manufacture, salt, derivative, mixture, or preparation of the plant,
1060 its seeds or resin THAT CONTAIN MORE THAN 1% TETRAHYDROCANNABINOL BY
1070 WEIGHT. It does not include the mature stalks of the plant, fiber produced from the mature
1080 stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt,
1090 fiber, oil, or cake, [or] the sterilized seed of the plant which is
1100 incapable of germination, OR INDUSTRIAL HEMP AS DEFINED IN TITLE 9,
1110 SUBTITLE 8 OF THE AGRICULTURE ARTICLE 279.
1120 The following schedules include the controlled dangerous substances listed or to be
1130 listed by whatever official name, common or usual name, chemical name, or trade name
1140 designated.
1150 (a) Schedule I - In determining that a substance comes within this schedule,
1160 the Department shall find:
1170 (3) A lack of accepted safety for use under medical supervision. The
1180 following are controlled dangerous substances and are included in this schedule:
1190 c. Any material, compound, mixture or preparation which contains any
1200 quantity of the following hallucinogenic or hallucinogenic-like substances, their salts,
1210 isomers and salts of isomers, unless specifically excepted, whenever the existence of
1220 such salts, isomers and salts of isomers is possible within the specific chemical
1230 designation:
1240 12. Tetrahydrocannabinol, EXCEPT INDUSTRIAL HEMP AS DEFINED IN
1250 TITLE 9, SUBTITLE 8 OF THE AGRICULTURE ARTICLE 287A.
1260 (a) As used in this section, the term "drug paraphernalia" means all equipment,
1270 products, and materials of any kind which are used, intended for use, or designed for
1280 use, in planting, propagating, cultivating, growing, harvesting, manufacturing,
1290 compounding, converting, producing, processing, preparing, testing, analyzing,
1300 packaging, repackaging, storing, containing, concealing, injecting, ingesting,
1310 inhaling, or otherwise introducing into the human body a controlled dangerous substance
1320 in violation of this subheading. It includes but is not limited to:
1330 (7) Separation gins and sifters used, intended for use, or designed for use in
1340 removing twigs and seeds from, or in otherwise cleaning or refining, marijuana, EXCEPT
1350 FOR INDUSTRIAL HEMP AS DEFINED IN TITLE 9, SUBTITLE 8 OF THE AGRICULTURE
1360 ARTICLE;
1370 SECTION 2. AND BE IT FURTHER ENACTED, that this Act shall take effect
1380 October 1, 2000.
1390 MANDATES: Governor Parris Glendening
1400 House of Delegates Speaker Casper Taylor
1410 Delegate Kevin Kelly
1420 Senator John Hafer
1430 Delegate Clarence Davis
1440 Delegate Ronald Guns, Chair, Environmental Matters Committee
1450 Senator Clarence Blount, Chair, Economic and Environmental
1460 Affairs Committee
Sponsor:
Holly E. Harrington-Orndoff
224 Welsh Hill Road Apt. A
Frostburg, Maryland 21532
(301) 687-0626
sweethelena@hotmail.com