SF 1181

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to agriculture; classifying industrial hemp 
  1.3             as an agricultural product subject to regulation and 
  1.4             licensing by the commissioner of agriculture; 
  1.5             requiring growers of industrial hemp to obtain a 
  1.6             license from the commissioner; transferring regulatory 
  1.7             authority over industrial hemp from the board of 
  1.8             pharmacy to the commissioner of agriculture; proposing 
  1.9             coding for new law in Minnesota Statutes, chapter 18. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [18.324] [REGULATION OF THE PRODUCTION OF 
  1.12  INDUSTRIAL HEMP.] 
  1.13     Subdivision 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] The 
  1.14  legislature finds that the development and use of industrial 
  1.15  hemp is in the best interests of the state economy and 
  1.16  agriculture and that the production of industrial hemp can be 
  1.17  regulated so as not to interfere with the strict control of 
  1.18  controlled substances in this state.  The purpose of this 
  1.19  section is to promote the economy, agriculture, public safety, 
  1.20  health and welfare by permitting the development of an 
  1.21  industrial hemp industry while maintaining strict control of 
  1.22  marijuana. 
  1.23     Subd. 2.  [DEFINITIONS.] (a) As used in this section, the 
  1.24  following terms have the meanings given in this subdivision. 
  1.25     (b) "Commissioner" means the commissioner of agriculture. 
  1.26     (c) "Grower" means any person who produces industrial hemp 
  1.27  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 
  2.3   PERMITTED.] The growing and maintenance of industrial hemp is 
  2.4   permitted in this state only for commercial uses.  Commercial 
  2.5   uses include noninjurious adaptations of industrial hemp to 
  2.6   manufacture rope, sacks, and other sisal hemp products, batts, 
  2.7   yarn, paper, composite materials, thread, cordage, merchandise, 
  2.8   cloth, and other noninjurious products made from fiber, 
  2.9   sterilized seed, or inner hurds. 
  2.10     Subd. 4.  [LICENSING.] Any person desiring to grow 
  2.11  industrial hemp for noninjurious commercial uses shall file an 
  2.12  application for a license with the commissioner on a form 
  2.13  prescribed by the commissioner.  The application shall describe 
  2.14  the commercial uses for which the industrial hemp will be grown 
  2.15  and the land where it will be grown.  The commissioner shall 
  2.16  grant the applicant a license to grow industrial hemp for the 
  2.17  noninjurious commercial uses described in the application, and 
  2.18  the growing of industrial hemp by the licensee pursuant to the 
  2.19  terms of the license shall be lawful. 
  2.20     Subd. 5.  [NOTIFICATION REQUIRED.] Any person licensed 
  2.21  under this section shall notify the commissioner annually of the 
  2.22  sale and distribution of industrial hemp grown under the terms 
  2.23  of the license and shall provide the commissioner with the names 
  2.24  of the persons to whom the industrial hemp is sold or 
  2.25  distributed. 
  2.26     Subd. 6.  [PENALTY.] Any person who grows industrial hemp 
  2.27  in violation of this section is subject to the applicable 
  2.28  criminal penalties provided in chapter 152.