| (Introduced in House)
HR 3037 IH
109th CONGRESS
1st Session
H. R. 3037
To amend the Controlled Substances Act to exclude industrial
hemp from the definition of marihuana, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 22, 2005
Mr. PAUL (for himself, Mr. FARR, Mr. MCDERMOTT, Mr. STARK, and
Mr. GRIJALVA) introduced the following bill; which was referred to
the Committee on Energy and Commerce, and in addition to the
Committee on 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 amend the Controlled Substances Act to exclude
industrial hemp from the definition of marihuana, 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
`Industrial Hemp Farming Act of 2005'.
SEC. 2. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINITION OF
MARIHUANA. Paragraph (16) of section 102 of the Controlled
Substances Act (21 U.S.C. 802(16)) is amended-- (1) by striking
`(16)' at the beginning and inserting `(16)(A)'; and (2) by adding
at the end the following new subparagraph: `(B) The term
`marihuana' does not include industrial hemp. As used in the
preceding sentence, the term `industrial hemp' means the plant
Cannabis sativa L. and any part of such plant, whether growing or
not, with a delta-9 tetrahydrocannabinol concentration that does
not exceed 0.3 percent on a dry weight basis.'.
SEC. 3. INDUSTRIAL HEMP DETERMINATION TO BE MADE BY STATES.
Section 201 of the Controlled Substances Act (21 U.S.C. 811) is
amended by adding at the end the following new subsection: `(i)
Industrial Hemp Determination to Be Made by States- In any
criminal action, civil action, or administrative proceeding, a
State regulating the growing and processing of industrial hemp
under State law shall have exclusive authority to determine
whether any such plant meets the concentration limitation set
forth in subparagraph (B) of paragraph (16) of section 102 and
such determination shall be conclusive and binding.'.
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