7 USC 1639q - Department of Agriculture

U.S Code last checked for updates: May 03, 2024

§ 1639q.

Department of Agriculture

(a)

Department of Agriculture plan

(1)

In general

(2)

Content

A plan established by the Secretary under paragraph (1) shall include—

(A)

a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;

(B)

a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;

(C)

a procedure for the effective disposal of—

(i)

plants, whether growing or not, that are produced in violation of this subchapter; and

(ii)

products derived from those plants;

(D)

a procedure to comply with the enforcement procedures under subsection (c)(2);

(E)

a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subchapter; and

(F)

such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subchapter.

(b)

Licensing

(c)

Violations

(1)

In general

(2)

Negligent and other violations

(3)

Reporting to Attorney General

(d)

Information sharing for law enforcement

(1)

In general

The Secretary shall—

(A)

collect the information described in paragraph (2); and

(B)

make the information collected under subparagraph (A) accessible in real time to Federal, State, territorial, and local law enforcement.

(2)

Content

The information collected by the Secretary under paragraph (1) shall include—

(A)

contact information for each hemp producer in a State or the territory of an Indian tribe for which—

(i)

a State or Tribal plan is approved under section 1639p(b) of this title; or

(ii)

a plan is established by the Secretary under this section;

(B)

a legal description of the land on which hemp is grown by each hemp producer described in subparagraph (A); and

(C)

for each hemp producer described in subparagraph (A)—

(i)

the status of—

(I)

a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or

(II)

a license from the Secretary; and

(ii)

any changes to the status.

(Aug. 14, 1946, ch. 966, title II, § 297C, as added Pub. L. 115–334, title X, § 10113, Dec. 20, 2018, 132 Stat. 4912.)

cite as: 7 USC 1639q