Text: SF00060 Text: SF00062 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. FINDINGS. The general assembly finds that a 1 2 trend exists among states to consider the economic importance 1 3 of industrial hemp, which is a major crop in other nations. 1 4 Industrial hemp historically has contributed to the economic 1 5 welfare of this country, and is a renewable natural resource 1 6 manufactured for textiles, pulp, paper, oil, building 1 7 materials, and other products. The purpose of this Act is to 1 8 promote the economy of this state by promoting industrial hemp 1 9 as a viable crop. 1 10 Sec. 2. NEW SECTION. 159.41 INDUSTRIAL HEMP LICENSING 1 11 AND REGULATION. 1 12 1. As used in this section, "industrial hemp" means 1 13 cannabis sativa L. which has a percentage of 1 14 tetrahydrocannabinol of not more than one percent, as provided 1 15 by rules which shall be adopted by the department. 1 16 2. The department of agriculture and land stewardship, in 1 17 cooperation with the department of public safety, shall 1 18 administer this section. The department of agriculture and 1 19 land stewardship shall cooperate with other law enforcement 1 20 agencies. The department shall also collaborate with agencies 1 21 of the United States government, including but not limited to 1 22 the drug enforcement administration of the United States 1 23 department of justice, in order to provide for the production, 1 24 harvesting, storage, and marketing of industrial hemp 1 25 according to the terms and conditions required by the United 1 26 States government. The department may execute any memorandum 1 27 of understanding with a United States government agency in 1 28 order to administer this section. 1 29 3. To the extent permitted by the United States 1 30 government, the department shall issue licenses to persons for 1 31 the production, harvesting, storage, and marketing of 1 32 industrial hemp, notwithstanding any section of this chapter 1 33 to the contrary. A person must possess a license pursuant to 1 34 this section to produce, harvest, store, or market industrial 1 35 hemp. The department of agriculture and land stewardship 2 1 shall limit the number of licenses that it grants each year in 2 2 order to ensure that the department of agriculture and land 2 3 stewardship, in cooperation with the department of public 2 4 safety, may strictly enforce compliance with the requirements 2 5 of this section. A license shall expire not later than one 2 6 year following the date of issuance. 2 7 a. A person applying for a license shall file an 2 8 application on a form prescribed by the department of 2 9 agriculture and land stewardship according to procedures 2 10 required by the department. The department may charge an 2 11 application fee which shall not exceed five hundred dollars. 2 12 An applicant and each employee of the applicant must satisfy 2 13 eligibility requirements of the department, which shall 2 14 include but shall not be limited to all of the following: 2 15 (1) Be eighteen years of age or older. 2 16 (2) Never have been convicted of a felony, an aggravated 2 17 misdemeanor, or of any other offense related to the possession 2 18 of a controlled substance. 2 19 (3) Not be addicted to the use of alcohol or a controlled 2 20 substance. 2 21 (4) Be of good moral character and not have been judged 2 22 guilty of a crime involving moral turpitude. 2 23 b. The licensee shall maintain accurate records as 2 24 required by the department, which shall contain information 2 25 relating to the licensee's operation, including but not 2 26 limited to the production site, the time and manner of 2 27 harvest, and persons involved in the production, harvesting, 2 28 and marketing of the industrial hemp. 2 29 4. Notwithstanding chapter 124, the licensee may produce, 2 30 harvest, store, and market industrial hemp. However, the 2 31 licensee must act in strict conformance with this section. 2 32 The licensee shall raise industrial hemp upon demonstration 2 33 plots as approved by the department. The demonstration plots 2 34 must be used to develop optimal agricultural practices for 2 35 raising industrial hemp. All plant materials from industrial 3 1 hemp grown on demonstration plots, except plant materials 3 2 retained for breeding and propagation, must be used for 3 3 commercial uses approved by the department. 3 4 5. The department of agriculture and land stewardship or 3 5 the department of public safety may inspect a production, 3 6 storage, or marketing site of a licensee at any time, and may 3 7 inspect records required to be maintained as provided in this 3 8 section. The department of agriculture and land stewardship 3 9 shall assess and the licensee shall pay the actual costs of 3 10 the inspection. If the owner or occupant of any property used 3 11 by the licensee refuses admittance onto the property, or if 3 12 prior to such refusal the department of agriculture and land 3 13 stewardship or department of public safety demonstrates the 3 14 necessity for a warrant, the department of agriculture and 3 15 land stewardship may make application under oath or 3 16 affirmation to the district court of the county in which the 3 17 property is located for the issuance of a search warrant. If 3 18 the court is satisfied from examination of the applicant, of 3 19 other witnesses, if any, and of the allegations of the 3 20 application of the existence of the grounds of the 3 21 application, or that probable cause exists to believe such 3 22 grounds exist, the court may issue such search warrant. 3 23 6. The department may suspend or revoke a license if the 3 24 licensee or an employee of the licensee is determined to have 3 25 committed any of the following: 3 26 a. Fraud in applying for or obtaining a license. 3 27 b. A violation of this section or rules adopted by the 3 28 department pursuant to this section, including failing to 3 29 comply with a requirement of this section. 3 30 c. An offense involving moral turpitude, a felony, an 3 31 aggravated misdemeanor, or any other offense related to the 3 32 possession of a controlled substance. 3 33 7. a. Except as provided in paragraph "b", an applicant 3 34 for a license or a licensee who knowingly violates a 3 35 requirement of this section or a rule adopted by the 4 1 department pursuant to this section is subject to a civil 4 2 penalty of not more than fifty thousand dollars. 4 3 b. A person who makes a false statement on the application 4 4 for a license regarding the conviction of a felony, aggravated 4 5 misdemeanor, or any other offense related to the possession of 4 6 a controlled substance is guilty of an aggravated misdemeanor. 4 7 Sec. 3. Section 317.1A, Code 2001, is amended by adding 4 8 the following new unnumbered paragraph: 4 9 NEW UNNUMBERED PARAGRAPH. "Industrial hemp" which is 4 10 produced as provided in section 159.41 is not a noxious weed. 4 11 EXPLANATION 4 12 This bill provides for the production of industrial hemp 4 13 which has a percentage of tetrahydrocannabinol of not more 4 14 than 1 percent. 4 15 The bill requires the department of agriculture and land 4 16 stewardship, in cooperation with the department of public 4 17 safety, to administer a program to license persons involved in 4 18 industrial hemp production. The bill requires the department 4 19 to collaborate with agencies of the United States government, 4 20 including but not limited to the drug enforcement 4 21 administration in order to provide for the production, 4 22 harvesting, storage, and marketing of industrial hemp 4 23 according to the terms and conditions required by the United 4 24 States government. The bill provides that to the extent 4 25 permitted by the United States government, the department 4 26 shall issue licenses to persons for the production, 4 27 harvesting, storage, and marketing of industrial hemp, 4 28 notwithstanding any other provision of Code chapter 124 4 29 regulating controlled substances. The bill provides 4 30 requirements for applicants and persons involved in the 4 31 production, harvesting, storage, and marketing of industrial 4 32 hemp. The bill provides for the inspection of the premises 4 33 and records of licensees. The bill provides for the 4 34 suspension or revocation of a license. 4 35 The bill provides that licensees who violate the provisions 5 1 of the bill are subject to a civil penalty of up to $50,000. 5 2 The bill provides that a person who makes a false statement on 5 3 the application for a license regarding a conviction of a 5 4 felony, aggravated misdemeanor, or any other offense related 5 5 to the possession of a controlled substance is guilty of an 5 6 aggravated misdemeanor. An aggravated misdemeanor is 5 7 punishable by confinement for no more than two years and a 5 8 fine of at least $500 but not more than $5,000. 5 9 LSB 1975SV 79 5 10 da/gg/8
Text: SF00060 Text: SF00062 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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