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IN HB1385
Bill
Status
1/14/2019
Primary Sponsor
Jim Lucas
Click for details
AI Summary
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Authorizes the Indiana Department of Agriculture to establish a state plan for commercial hemp growth, cultivation, and marketing under the federal Agriculture Improvement Act of 2018, with licensing prohibited before June 30, 2020
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Creates a 9-member Hemp Commodities Review Board with voting members appointed by the governor and non-voting legislative appointees to provide recommendations on program implementation, rules, and fees
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Defines hemp as Cannabis sativa L. with THC concentration not exceeding 0.3% on dry weight basis, and explicitly excludes hemp and hemp products from definitions of controlled substance, controlled substance analog, hashish, hash oil, and marijuana
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Provides civil and criminal immunity for persons who comply with state hemp law requirements, with civil penalties capped at $2,500 for violations and a corrective action plan process for negligent violations
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Establishes the State Hemp Program Fund for program administration and separates the Department of Agriculture's commercial program from the State Seed Commissioner's existing research pilot program conducted with state educational institutions
Legislative Description
Agricultural hemp. Authorizes the Indiana state department of agriculture (department) to establish an agricultural state plan to study the growth, cultivation, and marketing of hemp and hemp products. Provides that the agricultural state plan administered by the department, and the agricultural pilot program issued by the state seed commissioner, are separate programs. Establishes the hemp commodities review board to provide recommendations to the department. Provides that a person who complies with the requirements of the state industrial hemp law is not subject to any civil action or criminal proceeding for engaging in an activity allowed under the state industrial hemp law. Requires the department to adopt rules to implement the agricultural state plan. Prohibits the department from issuing a license before June 30, 2020. Defines "hemp" and "hemp product". Specifies that the agricultural pilot program administered by the state seed commissioner is for research and scientific study in conjunction with a state educational institution. Removes a requirement that the seed commissioner apply for necessary permissions, waivers, or other forms of legal status by the United States Drug Enforcement Agency or other appropriate federal agency to implement their hemp research program. Specifies that the definitions of: (1) "controlled substance"; (2) "controlled substance analog"; (3) "hashish"; (4) "hash oil"; and (5) "marijuana"; do not include hemp or hemp product. Makes conforming changes.
Last Action
First reading: referred to Committee on Agriculture and Rural Development
1/14/2019