Section 18K.01 — Short Title.

18K.01 SHORT TITLE. This chapter may be referred to as the “Industrial Hemp Development Act.” History: 1Sp2015 c 4 art 2 s 38

Section 18K.02 — Definitions.

18K.02 DEFINITIONS. Subdivision 1. Scope. The definitions in this section apply to this chapter. Subd. 1a. Applicant. “Applicant” means an individual who submits an application for a license as required under this chapter. If the applicant is an entity, applicant means the owner or most responsible individual in charge of the entity. Subd. 1b. Authorized […]

Section 18K.03 — Agricultural Crop; Possession Authorized.

18K.03 AGRICULTURAL CROP; POSSESSION AUTHORIZED. Subdivision 1. Industrial hemp. Industrial hemp is an agricultural crop in this state. A person may possess, transport, process, sell, or buy industrial hemp that is grown pursuant to this chapter or lawfully grown in another state. Subd. 2. Sale to medical cannabis manufacturers. A licensee under this chapter may […]

Section 18K.04 — Licensing.

18K.04 LICENSING. Subdivision 1. Requirement; issuance; presumption. (a) A person must obtain a license from the commissioner before (1) growing industrial hemp for commercial or research purposes, and (2) before processing industrial hemp for commercial purposes. (b) To obtain a license under paragraph (a), a person must apply to the commissioner in the form prescribed […]

Section 18K.05 — Annual Report; Sales Notification.

18K.05 ANNUAL REPORT; SALES NOTIFICATION. (a) Annually, a licensee must file with the commissioner: (1) documentation demonstrating to the commissioner’s satisfaction that the seeds planted by the licensee are of a type and variety that contain no more than three-tenths of one percent delta-9 tetrahydrocannabinol; and (2) a copy of any contract to grow industrial […]

Section 18K.06 — Rulemaking.

18K.06 RULEMAKING. (a) The commissioner shall adopt rules governing the production, testing, processing, and licensing of industrial hemp. Notwithstanding section 14.125, the commissioner’s authority to adopt these rules expires June 30, 2022. (b) Rules adopted under paragraph (a) must include, but not be limited to, provisions governing: (1) the supervision and inspection of industrial hemp […]

Section 18K.07 — Fees.

18K.07 FEES. Fees collected under this chapter must be credited to the industrial hemp account, which is hereby established in the agricultural fund in the state treasury. Interest earned in the account accrues to the account. Funds in the industrial hemp account are annually appropriated to the commissioner to implement and enforce this chapter. History: […]

Section 18K.08 — Defense For Possession Of Marijuana.

18K.08 DEFENSE FOR POSSESSION OF MARIJUANA. It is an affirmative defense to a prosecution for the possession of marijuana under chapter 152 if: (1) the defendant possesses industrial hemp grown pursuant to this chapter; or (2) the defendant has a valid controlled substance registration from the United States Department of Justice, Drug Enforcement Administration, if […]

Section 18K.09 — Pilot Program; Other Research Authorized.

18K.09 PILOT PROGRAM; OTHER RESEARCH AUTHORIZED. Subdivision 1. Authorized activity. The commissioner may grow or cultivate industrial hemp pursuant to a pilot program administered by the commissioner to study the growth, cultivation, or marketing of industrial hemp. The commissioner may: (1) authorize institutions of higher education to grow or cultivate industrial hemp as part of […]