Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
\SECTION 1. Chapter 55, Title 46 of the 1976 Code is amended to read:
Section 46-55-10. For
the purposes of this chapter:
(1) 'Industrial hemp
products' means all products made from any part of
industrial hemp, including, but not limited to,
cannabinoids cloth, construction materials,
cordage, fiber, food, fuel, paint, paper, particleboard,
plastics, seed, seed meal, supplements, and seed oil for
consumption, and seed for cultivation if the seeds originate
from industrial hemp varieties.
(2) 'Industrial hemp'
means all parts and varieties of the plant cannabis
sativa, cultivated or possessed by a licensed grower, whether
growing or not, that contain of no more tetrahydrocannabinol
concentration than adopted by federal law in the Controlled
Substances Act, 21 U.S.C. 801, et seq the plant
Cannabis sativa L. and any part of such plant, whether growing
or not, with a delta-9 tetrahydrocannabinol concentration of not
more than 0.3 percent on a dried weight basis.
(3)
'Tetrahydrocannabinol delta-9
tetrahydrocannabinol' means the natural or synthetic
equivalents or substances contained in the plant, or in the
resinous extractives of cannabis, or any synthetic substances,
compounds, salts, or derivatives of the plant or chemicals and
their isomers with similar chemical structure and
pharmacological activity.
(4) 'Human
consumption' means to ingest or topically apply to the skin or
hair.
Section 46-55-20.
(1) The South Carolina
Industrial Hemp Program is created.
(2)
Industrial hemp is an agricultural crop. Any land grant
university or research university throughout the State may
conduct research, pursuant to Public Law 113-79, contingent upon
funding. The university may conduct research and, or pilot
programs as an agriculture commodity and may work with growers
located in South Carolina. Once a university engages in research
on industrial hemp, the university shall work in conjunction
with the Department of Agriculture to identify solutions for
applications, applicants, and new market opportunities for
industrial hemp growers. The purchaser or manufacture will be
included under the provisions of this chapter.
(3) The
Department of Agriculture will allow up to fifteen permits to be
issued annually, to South Carolina residents, for the purposes
of a pilot program. Each permittee is permitted to grow
industrial hemp on up to twenty acres of land. When applying for
a permit, each applicant, at a minimum must submit to the
department, global positioning system coordinates of where the
industrial hemp will be grown and must submit any and all
information, including, but not limited to fingerprints and the
appropriate fees, required by the South Carolina Law Enforcement
Division (SLED) to perform a fingerprint based state criminal
records check and for the Federal Bureau of Investigation to
perform a national fingerprint based criminal records check.
(4) The
department shall require a state criminal records check,
supported by fingerprints, by the SLED, and a national criminal
records check, supported by fingerprints, by the Federal Bureau
of Investigation. The results of these criminal records checks
must be reported to the department. SLED is authorized to retain
the fingerprints for certification purposes and for notification
of the department regarding criminal charges. No person
who has been convicted of any felony, or any person convicted of
any drug-related misdemeanor or violation in the previous ten
years from the date of the application, shall be eligible to
obtain a permit.
(5)
Before the department will issue a permit to the
applicant, the applicant must have proof of a signed purchaser
with a contract.
(6)
Industrial hemp is an agriculture crop subject to
regulations by the Department of Agriculture.
(7) To
grow industrial hemp, a person must be registered with the
department as a grower.
(8) To
register, an applicant, under this section must submit to the
department, in a manner prescribed by the department, the
following information:
(a)
the name and address of the applicant;
(b)
the name and address of the industrial hemp
operation of the applicant;
(c)
the Global Positioning System coordinates of the
land on which the industrial hemp will be planted, grown,
cultivated, or processed;
(d)
any other information required by the department
through regulations; and
(e)
written consent allowing SLED to enter onto all
premises where industrial hemp is cultivated, processed, or
stored for the purpose of conducting
physical inspections or ensuring compliance with the Industrial
Hemp Pilot Program.
(9) A
grower may renew a registration under this section in a manner
prescribed by the department.
(10) The
department may charge growers application, registration and
renewal of registration fees reasonably calculated by the
department to pay the cost of administering the South Carolina
Industrial Hemp Program, but not to exceed two hundred and fifty
dollars annually per registrant. Moneys from fees collected
under this subitem shall be continuously appropriated to the
department for purposes of carrying out the duties of the South
Carolina Industrial Hemp Program under this section.
(11) It is lawful
for an a permitted individual to
cultivate, produce, or otherwise grow industrial hemp in this
State to be used for any lawful purpose, including, but not
limited to, the manufacture of industrial hemp products, and
scientific, agricultural, or other research related to other
lawful applications for industrial hemp.
(12) For the
purposes of Chapter 25, Title 39, industrial hemp or industrial
hemp products may not be considered to be an adulterant.
Section 46-55-30.
Industrial hemp is excluded from the definition of
marijuana in Section 44-53-110.
(1) A grower
may use any propagation method including, but not limited to,
planting seeds or starts or the use of clones or cuttings, to
produce industrial hemp. Nothing in this article limits or
precludes a grower from propagating or cultivating noncertified
industrial hemp seed.
(2)
Notwithstanding any other provision of law, except
subject to federal law, a person engaged in cultivating,
processing, selling, transporting, possessing, or otherwise
distributing industrial hemp, or selling industrial hemp
products from industrial hemp, is not subject to any civil or
criminal actions under South Carolina law for engaging in these
activities. Nothing in this chapter limits or precludes the
importation or exportation of industrial hemp or industrial hemp
products. The provisions of the chapter create a three-year
pilot program as contained in 7 U.S.C. Section 5940.
Section 46-55-40. An individual
who manufactures, distributes, dispenses, delivers, purchases,
aids, abets, attempts, or conspires to manufacture, distribute,
dispense, deliver, purchase, or possesses with the intent to
manufacture, distribute, dispense, deliver, or purchase
marijuana on property used for industrial hemp production, or in
a manner intended to disguise the marijuana due to its proximity
to industrial hemp, is guilty of a misdemeanor and, upon
conviction, must be imprisoned not more than three years or
fined not more than three thousand dollars, or both. The penalty
provided for in this section may be imposed in addition to any
other penalties provided by law. (A)
For purposes of this section:
(1)
'Independent testing laboratory' means any
facility, entity, or site that offers or performs tests of
industrial hemp or industrial hemp-based products that has been
accredited by an independent accreditation body.
(2)
'Accreditation body' means an impartial
organization that provides accreditation to ISO/IEC 17025
requirements and is a signatory to the International Laboratory
Accreditation Corporation Mutual Recognition Arrangement for
Testing.
(3)
'Scope of accreditation' means a document issued
by the accreditation body which describes the methodologies,
range, and parameters for testing for which the accreditation
has been granted.
(B)
Independent testing laboratories may test industrial
hemp and industrial hemp products produced or processed by a
grower or processor.
(C) All
testing performed to meet regulatory requirements shall be
included in an independent testing laboratory's scope of
accreditation.
(D) An
independent testing laboratory shall demonstrate the ability to
accurately quantitate individual cannabinoids in both their
acidic and neutral forms down to 0.05 percent by weight
including, but not limited to, delta9-THC, delta9-THCA,
cannabidiol (CBD) and CBDA.
(E)
Testing is required by an International Organization
for Standardization (ISO) Certified Laboratory Facility as
approved by an accredited body. The test results must be
retained by the grower or processor for at least three years,
and be made readily available to any state law enforcement
agency upon request. Any industrial hemp sample testing over
three-tenths of one percent delta-9 tetrahydrocannabinol must be
destroyed in a controlled environment with law enforcement
present.
(F)
Registered growers shall have a minimum of four random
samples per grow tested for delta-9 THC concentration not more
than thirty days prior to harvest. If the grower has planted
different varieties, at least one sample from each variety must
be tested for delta-9 THC concentrations.
(G)
Industrial hemp or industrial hemp products, intended
by a processor for sale for human consumption, shall be tested
by an independent testing laboratory to confirm products are fit
for human consumption and meet United States Food Industry
standards for food products. Testing shall confirm safe levels
of potential contaminants including, but not limited to,
pesticides, heavy metals, residual solvents, and microbiological
contaminants.
(H) All test
results and corresponding product batch numbers shall be
retained by the registered processor for at least three years.
Section 46-55-50. Industrial hemp is excluded from the definition of marijuana in Section 44-53-110.
Section 46-55-60. An individual who manufactures, distributes, dispenses, delivers, purchases, aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, purchase, or possesses with the intent to manufacture, distribute, dispense, deliver, or purchase marijuana in a manner intended to disguise the marijuana due to its proximity to industrial hemp, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than three thousand dollars, or both. The penalty provided for in this section may be imposed in addition to any other penalties provided by law."
SECTION 2. This act takes effect upon approval by the Governor. \
Renumber sections to conform.
Amend title to conform.