§19-12E-1. Short Title
This article is known as the "Industrial Hemp Development Act".
§19-12E-10. State Regulation of Industrial Hemp
(a) The commissioner may submit to the Secretary of the United States Department of Agriculture, for his or her approval, a plan under which this state monitors and regulates the production of industrial hemp. The plan shall comply with the requirements of 7 U.S.C. § 1621 et seq. and any other requirements established by the […]
§19-12E-11. Violations; Negligent Violations; Notice
(a) A licensee in this state that does not comply with any approved plan is subject to §19-12E-11(b) of this code if the department determines the licensee has negligently violated the state plan by: (1) Failing to provide a legal description of the land on which the licensee produces hemp;
§19-12E-2. Purpose
The Legislature finds that the development and use of industrial hemp can serve to improve the state's economy and agricultural vitality and that the production of industrial hemp can be regulated so as not to interfere with the strict regulation of controlled substances in this state. The purpose of the industrial hemp development act is […]
§19-12E-3. Definitions
As used in this article: (a) “Cannabidiol” or “CBD” means the compound by the same name derived from the hemp variety of the cannabis sativa L. plant; (b) “Commercial sales” means the sale of products in the stream of commerce, at retail, wholesale, and online; (c) “Commissioner” means the Commissioner of Agriculture or his or […]
§19-12E-4. Industrial Hemp Authorized as Agricultural Crop; License Required
(a) Industrial hemp is considered an agricultural crop in this state if grown for the purposes authorized by the provisions of this article. Upon meeting the requirements of 19-12E-5 of this code, an individual in this state may plant, grow, harvest, possess, process, sell, or buy industrial hemp. (b) A person shall not cultivate, handle, […]
§19-12E-5. Industrial Hemp; Licensing
(a) A person growing industrial hemp shall apply to the commissioner for a license on a form prescribed by the commissioner. (b) The application for a license must include the name and address of the applicant and the legal description and global positioning coordinates of the land area to be used to produce industrial hemp. […]
§19-12E-6. Industrial Hemp Production – Notification
(a) Every licensee shall file with the commissioner: (1) Documentation showing that the seeds planted are of a type and variety certified to contain no more than 0.3% tetrahydrocannabinol;
§19-12E-7. Rule-Making Authority
The commissioner shall propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code that include, but are not limited to: (1) Licensing persons who wish to grow, cultivate, handle, or process industrial hemp;
§19-12E-8. Disposition of Fees
All fees assessed as provided for in §19-12E-5 of this code must be deposited with the state treasurer to the credit of the “Agricultural Fees Fund” established by the provisions of §19-1-4c of this code for the use of the commissioner for administering and enforcing the provisions of this article.
§19-12E-9. Defense for Possession or Cultivation of Marijuana
(a) It is a complete defense to a prosecution for the possession or cultivation of marijuana pursuant to the provisions of §60A-4-401 et seq. of this code that defendant was growing industrial hemp pursuant to the provisions of this article. (b) This section is not a defense to a charge of criminal sale or distribution […]