[PART III.] COMMERCIAL HEMP PRODUCTION

 

Note

 

Part repealed June 30, 2022. L 2020, c 14, 9.

 

Cross References

 

Hemp processors, see chapter 328G.

 

[141-42] Commercial hemp production. (a) It shall be legal for an individual or entity to produce hemp, as defined in title 7 United States Code section 1639o, if that individual or entity has a license to produce hemp, issued by the Secretary of the United States Department of Agriculture pursuant to title 7 United States Code section 1639q; provided that:

(1) Any person convicted of a felony related to a controlled substance under state or federal law is prohibited from producing hemp, or being a key participant in an entity producing hemp, for a period of ten years following the date of conviction;

(2) Hemp shall not be grown outside of a state agricultural district;

(3) Hemp shall not be grown within 500 feet of pre-existing real property comprising a playground, childcare facility, or school; provided that this restriction shall not apply to an individual or entity licensed to grow hemp in those areas under the State industrial hemp pilot program prior to August 27, 2020;

(4) Hemp shall not be grown within 500 feet of any pre-existing house, dwelling unit, residential apartment, or other residential structure that is not owned or controlled by the license holder; provided that this restriction shall not apply to an individual or entity licensed to grow hemp in those areas under the State industrial hemp pilot program prior to August 27, 2020; and

(5) Hemp shall not be grown in any house, dwelling unit, residential apartment, or other residential structure.

(b) An individual or entity licensed to produce hemp pursuant to paragraph (a) may transport hemp within the State to a facility authorized by law to process hemp or to another licensed producer's grow area, provided that:

(1) The hemp to be transported has passed all compliance testing required by the United States Department of Agriculture; and

(2) The transportation has been authorized by the department. The department may require movement reports, inspections, sampling, and testing of the hemp to be transported and may deny authorization if the hemp is found to not comply with any law or regulation.

(c) An individual or entity licensed to produce hemp pursuant to paragraph (a) may export hemp; provided that:

(1) The hemp to be exported has passed all compliance testing required by the United States Department of Agriculture; and

(2) The licensed producer complies with all laws relating to the exportation of hemp, including state and federal laws and the laws of the state or country of import.

(d) Any individual or entity who violates this section or any rule adopted pursuant to this section shall be fined not more than $10,000 for each separate offense. Any notice of violation of this section may be accompanied by a cease and desist order, the violation of which constitutes a further violation of this section. Any action taken to collect the penalty provided for in this subsection shall be considered a civil action.

(e) For any judicial proceeding to recover an administrative penalty imposed by order or to enforce a cease and desist order against a hemp producer, the department may petition any court of appropriate jurisdiction and need only show that:

(1) Notice was given;

(2) A hearing was held or the time granted for requesting a hearing has expired without such a request;

(3) The administrative penalty was imposed on the individual or entity producing hemp; and

(4) The penalty remains unpaid or the individual or entity continues to produce hemp. [L 2020, c 14, pt of 3]

 

Revision Note

 

"August 27, 2020" substituted for "the effective date of this Act".

 

 

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