SF 1181

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; classifying industrial hemp 
  1.3             as an agricultural product subject to regulation and 
  1.4             registration by the commissioner of agriculture; 
  1.5             requiring growers of industrial hemp to register with 
  1.6             the commissioner; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 18. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [18.324] [REGULATION OF THE PRODUCTION OF 
  1.10  INDUSTRIAL HEMP.] 
  1.11     Subdivision 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] The 
  1.12  legislature finds that the development and use of industrial 
  1.13  hemp is in the best interests of the state economy and 
  1.14  agriculture and that the production of industrial hemp can be 
  1.15  regulated so as not to interfere with the strict control of 
  1.16  controlled substances in this state.  The purpose of this 
  1.17  section is to promote the economy, agriculture, public safety, 
  1.18  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) "Commercial uses" means noninjurious adaptations of 
  1.24  industrial hemp to manufacture rope, sacks, and other sisal hemp 
  1.25  products, batts, yarn, paper, composite materials, thread, 
  1.26  cordage, merchandise, cloth, and other noninjurious products 
  2.1   made from fiber, sterilized seed, or inner hurds. 
  2.2      (c) "Commissioner" means the commissioner of agriculture. 
  2.3      (d) "Industrial hemp" means C. sativa L. 
  2.4      Subd. 3.  [INDUSTRIAL HEMP AS AN AGRICULTURAL CROP 
  2.5   PERMITTED.] Notwithstanding chapter 152, the growing and 
  2.6   maintenance of industrial hemp is permitted in this state by 
  2.7   persons registered under subdivision 4 for commercial uses only. 
  2.8   Hemp produced by a person registered under subdivision 4 is not 
  2.9   a noxious weed under section 18.77, subdivision 8. 
  2.10     Subd. 4.  [REGISTRATION.] Any person desiring to grow 
  2.11  industrial hemp for noninjurious commercial uses shall register 
  2.12  with the commissioner on a form prescribed by the commissioner.  
  2.13  The registration must describe the commercial uses for which the 
  2.14  industrial hemp will be grown and the land where it will be 
  2.15  grown.  The commissioner may grant the applicant a registration 
  2.16  to grow industrial hemp for the commercial uses described in the 
  2.17  registration form, and the growing of industrial hemp by the 
  2.18  registrant pursuant to the terms of the registration shall be 
  2.19  lawful. 
  2.20     Subd. 5.  [NOTIFICATION REQUIRED.] A person registered 
  2.21  under subdivision 4 shall notify the commissioner annually of 
  2.22  the sale and distribution of industrial hemp grown under the 
  2.23  terms of the registration and shall provide the commissioner 
  2.24  with the names of the persons to whom the industrial hemp is 
  2.25  sold or 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.