[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6645 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6645
To promote the production of hemp and hemp products, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2022
Ms. Pingree introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committees on Energy
and Commerce, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To promote the production of hemp and hemp products, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hemp Advancement Act of 2022''.
SEC. 2. MODIFICATIONS TO DEFINITIONS IN THE AGRICULTURAL MARKETING ACT
OF 1946.
Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C.
1639o) is amended--
(1) by redesignating paragraph (6) as paragraph (8);
(2) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(3) by striking paragraph (1) and inserting the following:
``(1) Hemp.--The term `hemp' means--
``(A) the plant Cannabis sativa L. and any part of
that plant, including the seeds thereof and all
derivatives, extracts, cannabinoids, isomers, acids,
salts, and salts of isomers thereof, whether growing or
not, with a total tetrahydrocannabinol concentration of
not more than 1 percent on a dry weight basis, that is
not intended for sale to consumers; and
``(B) hemp extract that--
``(i) is to be used in the making of a hemp
product;
``(ii) has not been packaged as a finished
product;
``(iii) is not intended for sale to
consumers;
``(iv) has a total tetrahydrocannabinol
concentration that exceeds 1 percent on a dry
weight basis; and
``(v) is stored, transported, and processed
in accordance with section 297F.
``(2) Hemp product.--The term `hemp product' means a
finished product that--
``(A) is derived from, or made by, processing hemp;
and
``(B) has a total tetrahydrocannabinol
concentration of not more than 0.3 percent on a dry
weight basis.''; and
(4) by inserting after paragraph (6) (as so redesignated by
paragraph (1) of this subsection) the following:
``(7) Total tetrahydrocannabinol concentration.--The term
`total tetrahydrocannabinol concentration' means the aggregate
concentration of delta-8 tetrahydrocannabinol, delta-9
tetrahydrocannabinol, delta-10 tetrahydrocannabinol, and the
optical isomers of such substances.''.
SEC. 3. STATE AND TRIBAL PLANS.
Section 297B of the Agricultural Marketing Act of 1946 (7 U.S.C.
1639p) is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (ii), by striking ``testing'' and all
that follows through ``methods,'' and inserting ``a
laboratory accredited under criteria established by the
Secretary under section 297D(a)(1)(C) to use post-
decarboxylation or other similarly reliable methods to
test''; and
(B) in clause (iii)--
(i) in the matter preceding subclause (i)
by inserting ``, including by pyrolysis,''
after ``disposal''; and
(ii) in subclause (II), by inserting ``,
except that products derived from pyrolysis
disposal may enter the stream of commerce''
after ``plants'';
(2) in subsection (e)(2)(A)(iii)--
(A) by striking ``0.3'' and inserting ``1''; and
(B) by striking ``delta-9'' and inserting
``total''; and
(3) in subsection (e)(3), by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph (B).
SEC. 4. REINSTATEMENT OF FORMERLY INELIGIBLE INDIVIDUALS.
Any individual excluded under section 297B(e)(3)(B) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639p(e)(3)(B), as in
effect before the amendments made by section 3 of this Act, from--
(1) the programs established under sections 297B (7 U.S.C.
1639p) and 297C (7 U.S.C. 1639q) of such Act of 1946; or
(2) any program established through a regulation or
guideline issued under section 297D(a) of such Act of 1946 (7
U.S.C. 1639r(a)),
shall not be excluded from participation in such programs on these
grounds.
SEC. 5. AMENDMENTS TO REGULATION OF HEMP BY DEPARTMENT OF AGRICULTURE.
Section 297C(a)(2) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1639q(a)(2)) is amended--
(1) in subparagraph (B), by striking ``testing'' and all
that follows through ``methods,'' and inserting ``a laboratory
accredited under criteria established by the Secretary under
section 297D(a)(1)(C) to use post-decarboxylation or other
similarly reliable methods to test''; and
(2) in subparagraph (C)--
(A) by inserting ``, including by pyrolysis,''
after ``disposal''; and
(B) in clause (ii), by inserting ``, except that
products derived from pyrolysis disposal may enter the
stream of commerce'' after ``plants''.
SEC. 6. CRITERIA FOR LABORATORY ACCREDITATION.
Section 297D(a)(1) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1639r(a)(1)) is amended by adding at the end the following:
``(C) Criteria for laboratory accreditation.--The
Secretary shall establish criteria by which a
laboratory may be accredited for purposes of testing
hemp, in accordance with sections 297B(a)(2)(A) and
297C(a)(2). Such criteria shall not require that a
laboratory be registered with the Attorney General,
acting through the Administrator of the Drug
Enforcement Administration.''.
SEC. 7. IN-PROCESS HEMP EXTRACT.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
``SEC. 297F. IN-PROCESS HEMP EXTRACT.
``(a) In General.--The requirements of this section for in-process
hemp extract are the following:
``(1) The hemp extract is derived from hemp produced in
accordance with this Act.
``(2) The hemp extract is processed further or incorporated
into another product.
``(3) The hemp extract is not packaged as a hemp product
and is not sold or offered for sale to consumers.
``(4) The hemp extract is not used to produce a hemp
product that has a total tetrahydrocannabinol concentration
that exceeds 0.3 percent on a dry weight basis.
``(5) The hemp extract is produced, stored, transported,
and processed in a facility bonded under regulations issued in
accordance with subsection (b).
``(b) Regulations.--
``(1) In general.--The Secretary shall issue regulations
for facilities that produce, store, transport, or process in-
process hemp extract, which shall include--
``(A) procedures to ensure the secure
transportation of in-process hemp extract;
``(B) procedures for the documentation and secure
disposal (rendering the by-product unusable for any
intoxicating purpose) of any by-product from the
extraction and manufacture of in-process hemp extract
that--
``(i) has a total tetrahydrocannabinol
concentration of more than 0.3 percent on a dry
weight basis; and
``(ii) will not be used in, or subject to,
further processing; and
``(C) such other procedures or practices,
consistent with this title, as the Secretary considers
to be appropriate.
``(2) State regulations.--A State or political subdivision
may not impose or continue in effect any requirement for
disposal or documentation of in-process hemp extract that is
different from any requirement imposed under this section.''.
SEC. 8. SYNTHETIC CANNABINOIDS.
Section 10114(a) of the Agriculture Improvement Act of 2018 (7
U.S.C. 1639o note) is amended by inserting ``, or permits interstate
commerce of products containing cannabinoids that are not naturally
occurring in the plant Cannabis sativa L. or that are manufactured by
means of chemical synthesis'' before the period.
SEC. 9. CONFORMING AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.
(a) In General.--Section 102(16)(B) of the Controlled Substances
Act (21 U.S.C. 802(16)(B)) is amended--
(1) in clause (i), by striking ``or'';
(2) in clause (ii), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(iii) hemp products, as defined in
section 297A of the Agricultural Marketing Act
of 1947 (7 U.S.C. 1639o).''.
(b) Tetrahydrocannabinol.--Schedule I, as set forth in section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended
in subsection (c)(17) by inserting ``, in-process hemp extract, or hemp
products'' after ``hemp''.
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