HF 2112

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/21/2019 03:37pm

A bill for an act
relating to government operations; agriculture; modifying definition of industrial
hemp; authorizing expedited rulemaking for industrial hemp; providing a hemp
certification program; amending Minnesota Statutes 2018, sections 18K.02,
subdivision 3; 18K.06; proposing coding for new law in Minnesota Statutes, chapter
18K.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 18K.02, subdivision 3, is amended to read:

Subd. 3.

Industrial hemp.

"Industrial hemp" means the plant Cannabis sativa L. and
any part of the plant, whether growing or not, new text begin including the plant's seeds, and all the plant's
derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether
growing or not, new text end with a delta-9 tetrahydrocannabinol concentration of not more than 0.3
percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01,
subdivision 9.

Sec. 2.

Minnesota Statutes 2018, section 18K.06, is amended to read:

18K.06 RULEMAKING.

(a) The commissioner shall adopt rules governing the production, testing, new text begin certification, new text end
and licensing of industrial hemp.

(b) Rules adopted under paragraph (a) must include, but not be limited to, provisions
governing:

(1) the supervision and inspection of industrial hemp during its growth and harvest;

(2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels;

(3) the use of background check results required under section 18K.04 to approve or
deny a license application; and

(4) any other provision or procedure necessary to carry out the purposes of this chapter.

(c) Rules issued under this section must be consistent with federal law regarding the
production, distribution, and sale of industrial hemp.

new text begin (d) The commissioner may use the expedited rulemaking process in section 14.389 to
adopt the rules required under this section.
new text end

Sec. 3.

new text begin [18K.10] MINNESOTA HEMP CERTIFICATION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program. new text end

new text begin The commissioner must develop and implement a voluntary
program to certify (1) industrial hemp produced pursuant to this chapter, and (2) products
containing industrial hemp that was produced pursuant to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Criteria. new text end

new text begin The commissioner must develop certification criteria that conform
with applicable federal standards and industry best practices. The criteria must include but
are not limited to:
new text end

new text begin (1) the industrial hemp was grown by a person licensed under this chapter; and
new text end

new text begin (2) the industrial hemp or product containing industrial hemp has undergone laboratory
or other testing as necessary to satisfy applicable state and federal labeling and food safety
laws.
new text end

new text begin Subd. 3. new text end

new text begin Marketing and promotion. new text end

new text begin After adopting certification rules under section
18K.06, the commissioner's agricultural marketing and promotion efforts must include
certified Minnesota industrial hemp.
new text end

new text begin Subd. 4. new text end

new text begin Fee. new text end

new text begin The commissioner may charge a fee for certification of Minnesota industrial
hemp and products containing Minnesota industrial hemp. The fee must be commensurate
with the commissioner's costs as provided under section 16A.1285, subdivision 2.
new text end