HF 349

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; providing for a study of the 
  1.3             development and use of industrial hemp; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 18. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [18.324] [REGULATION OF THE PRODUCTION OF 
  1.7   INDUSTRIAL HEMP; STUDY.] 
  1.8      Subdivision 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] The 
  1.9   legislature finds that a study of the development and use of 
  1.10  industrial hemp is in the best interests of the state economy 
  1.11  and agriculture and that the production of industrial hemp can 
  1.12  be regulated so as not to interfere with the strict control of 
  1.13  controlled substances in this state.  Local units of government 
  1.14  are not responsible for enforcement of laws related specifically 
  1.15  to the growing, cultivation, harvest, transportation, or 
  1.16  processing of industrial hemp.  The purpose of this study is to 
  1.17  identify potential benefits to the economy, agriculture, public 
  1.18  safety, health and welfare by permitting the development of an 
  1.19  industrial hemp industry while maintaining strict control of 
  1.20  marijuana. 
  1.21     Subd. 2.  [DEFINITIONS.] (a) As used in this section, the 
  1.22  following terms have the meanings given in this subdivision. 
  1.23     (b) "Commissioner" means the commissioner of agriculture. 
  1.24     (c) "Grower" means any person who produces industrial hemp 
  1.25  under a license issued by the commissioner under this section. 
  2.1      (d) "Industrial hemp" means C. sativa L. 
  2.2      Subd. 3.  [INDUSTRIAL HEMP AS AN AGRICULTURAL CROP; STUDY.] 
  2.3   The commissioner shall study permitting the growing and 
  2.4   maintenance of industrial hemp in this state only for commercial 
  2.5   uses.  Commercial uses include noninjurious adaptations of 
  2.6   industrial hemp to manufacture rope, sacks, and other sisal hemp 
  2.7   products, batts, yarn, paper, composite materials, thread, 
  2.8   cordage, merchandise, cloth, and other noninjurious products 
  2.9   made from fiber, sterilized seed, or inner hurds. 
  2.10     Subd. 4.  [LICENSING.] The commissioner shall study 
  2.11  allowing any person desiring to grow industrial hemp for 
  2.12  noninjurious commercial uses to file an application for a 
  2.13  license with the commissioner on a form prescribed by the 
  2.14  commissioner.  The application shall describe the commercial 
  2.15  uses for which the industrial hemp will be grown and the land 
  2.16  where it will be grown.  The commissioner shall grant the 
  2.17  applicant a license to grow industrial hemp for the noninjurious 
  2.18  commercial uses described in the application, and the growing of 
  2.19  industrial hemp by the licensee pursuant to the terms of the 
  2.20  license shall be lawful. 
  2.21     Subd. 5.  [NOTIFICATION REQUIRED.] The commissioner shall 
  2.22  study allowing any person licensed under this section to notify 
  2.23  the commissioner annually of the sale and distribution of 
  2.24  industrial hemp grown under the terms of the license and 
  2.25  providing the commissioner with the names of the persons to whom 
  2.26  the industrial hemp is sold or distributed. 
  2.27     Subd. 6.  [PENALTY.] The commissioner shall study providing 
  2.28  that any person who grows industrial hemp in violation of this 
  2.29  section is subject to the applicable criminal penalties provided 
  2.30  in chapter 152.