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Senate File 61

Partial Bill History

Bill Text

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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