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An Act To Protect Persons Who Cultivate, Process, Buy and Sell Hemp
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  academic research partnerships and projects could benefit from expanding permitted activities involving industrial hemp; and
Whereas,  expanding these activities could provide significant benefits to Maine's research institutions and economy; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §1042, sub-§4  is amended to read:
 
4. Noxious-weed seeds.   "Noxious-weed seeds" shall be divided intoincludes 2 classes of weed seeds, primary noxious-weed seeds and secondary noxious-weed seeds. The commissioner may, through promulgation of regulationsadoption of rules, add to or subtract from the list of seeds included under either definition whenever hethe commissioner finds, after public hearing, that such additions or subtractions are within the respective definitions, except that the commissioner may not list industrial hemp, as defined in section 2232, subsection 1, paragraph C, as a primary noxious-weed seed or secondary noxious-weed seed.
Sec. 2.  7 MRSA §2232  is enacted to read:
§ 2232. Industrial hemp pilot program
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Clone" means an industrial hemp plant produced using any part of another industrial hemp plant other than the seeds of that industrial hemp plant.
 
B.  "Educational institution of higher learning" means a college or university as defined in Title 20-A, section 10009, subsection 1, paragraph A.
 
C.  "Industrial hemp" means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
 
D.  "Industrial hemp pilot program" means a 5-year program established in compliance with 7 United States Code, Section 5940 to study the growth, cultivation or marketing of industrial hemp.
 
2.  Industrial hemp pilot program established.     There is established an industrial hemp pilot program under which the department shall license activities and certify and register sites related to industrial hemp as set out in this section.
 
3.  Permitted activities.     Notwithstanding any other provision of law, a person or entity may plant, grow, harvest, process, possess, transport, purchase, sell and distribute industrial hemp for research purposes under a license issued by the department under this section at any site certified by and registered by the department under this section. A person or entity with a license pursuant to this section may plant, grow, harvest, process, possess, transport, purchase, sell and distribute industrial hemp or otherwise use clones to further any activity related to industrial hemp.
 
4.  Revenue restrictions.     Revenue collected from fees established under this section must be used to administer this section.
 
5.  Collaboration.     The department shall encourage collaboration between the State and other states' educational institutions of higher learning and state departments of agriculture with respect to the planting, growing, harvesting, processing, possessing, transporting, purchasing, selling and distributing of industrial hemp.
 
6.  Rules.     The department shall adopt rules governing the licensing of activities and of industrial hemp producer collectives and the certification and registration of sites related to industrial hemp. The rules must:
 
A.  Establish an application process and fee structure for licensing permitted activities. A license for a business entity must include all employees of the company in one license;
 
B.  Establish an application process and fee structure for certification and registration of sites. The fees may not be based on the number of acres of industrial hemp in production outdoors or square feet indoors or in greenhouses;
 
C.  Establish a process for certifying and registering sites where licensees may grow and cultivate industrial hemp under this section;
 
D.  Establish an industrial hemp certified seed program based on international standards that includes a registry of seed varieties;
 
E.  Establish procedures and standards for testing hemp plants, including sampling times, lab standards, proper storage, identification of the proper part of plant to test, guidelines on how to select a plant or plants for testing and cannabinol calibration;
 
F.  Allow an educational institution of higher learning to use hemp that contains a tetrahydrocannabinol reading above 0.3% under appropriate certification and registration conditions;
 
G.  Establish guidelines concerning the collection of feral hemp, including testing feral hemp and a procedure for handling feral hemp with tetrahydrocannabinol readings above 0.3%;
 
H.  Specify that testing procedures include a high-pressure liquid chromatography test and provide that if the results of the high-pressure liquid chromatography test are above 0.3% tetrahydrocannabinol, a licensee may request a 2nd high-pressure liquid chromatography test;
 
I.  Provide for the licensure of industrial hemp producer collectives. The rules must require each member of a collective to have an individual license or require all members to be covered under one license;
 
J.  Develop guidelines to address pollen drift;
 
K.  Include other provisions reasonably necessary for the administration of this section; and
 
L.  Allow for hemp production indoors, outdoors and in greenhouses.
 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
7.  Violation.     A person or entity that violates this section or any of the rules adopted pursuant to this section commits a civil violation for which a fine not to exceed $100 may be adjudged. The court may also order the suspension or revocation of a license issued to the person or entity under this section.
 
8.  Annual report.     The department, beginning January 15, 2018 and annually thereafter, shall submit a report to the joint standing committee of the Legislature having jurisdiction over agricultural matters regarding the implementation, administration and research accomplished pursuant to the industrial hemp pilot program. The department shall submit any legislation it determines necessary for the improvement of the industrial hemp pilot program.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill establishes an industrial hemp pilot program under which educational institutions of higher learning and others are allowed to plant, grow, harvest, process, possess, transport, purchase, sell and distribute industrial hemp for research purposes under a license issued by the Department of Agriculture, Conservation and Forestry. The department is required to adopt rules to certify and register sites and license activities related to industrial hemp and to license industrial hemp producer collectives. The rules must address testing procedures and standards, an industrial hemp certified seed program, pollen drift and feral hemp and allow for hemp production indoors, outdoors and in greenhouses.
This bill allows licensees to use industrial hemp clones. It requires the department to encourage collaboration with other states' educational institutions of higher learning and state departments of agriculture. It also prevents industrial hemp from being listed as a primary or secondary noxious-weed seed. It creates a civil violation for a person or entity that violates the new provision.