S*0839(Rat #0223, Act #0216 of 2014)  General Bill, By Bryant, Bright and Davis
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55
 TO TITLE 46 SO AS TO PROVIDE THAT IT IS LAWFUL TO GROW INDUSTRIAL HEMP IN THIS
 STATE, THAT INDUSTRIAL HEMP IS EXCLUDED FROM THE DEFINITION OF MARIJUANA, TO
 PROHIBIT THE GROWING OF INDUSTRIAL HEMP AND MARIJUANA ON THE SAME PROPERTY OR
 OTHERWISE GROWING MARIJUANA IN CLOSE PROXIMITY TO INDUSTRIAL HEMP TO DISGUISE
 THE MARIJUANA GROWTH, TO DEFINE CERTAIN TERMS, AND TO PROVIDE PENALTIES. -
 ratified title

   12/10/13  Senate Prefiled
   12/10/13  Senate Referred to Committee on Agriculture and Natural
                     Resources
   01/14/14  Senate Introduced and read first time (Senate Journal-page 41)
   01/14/14  Senate Referred to Committee on Agriculture and Natural
                     Resources (Senate Journal-page 41)
   02/27/14  Senate Committee report: Favorable Agriculture and
                     Natural Resources (Senate Journal-page 9)
   02/28/14         Scrivener's error corrected
   03/05/14  Senate Amended (Senate Journal-page 40)
   03/06/14  Senate Amended (Senate Journal-page 28)
   03/12/14  Senate Read second time (Senate Journal-page 25)
   03/12/14  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 25)
   03/13/14  Senate Read third time and sent to House
                     (Senate Journal-page 12)
   03/18/14  House  Introduced and read first time (House Journal-page 7)
   03/18/14  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 7)
   03/27/14  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 3)
   04/02/14  House  Requests for debate-Rep(s). Bedingfield,
                     Sandifer, Whitmire, Daning, Rivers, Southard,
                     Riley, Forrester, Allison, Wood, Chumley,
                     Brannon, Hiott, Wells, Hardwick, JR Smith,
                     Hixon, Ryhal, Nanney, GR Smith, HA Crawford, GA
                     Brown, Anderson, George (House Journal-page 192)
   04/10/14  House  Debate adjourned until Tues., 5-6-14
                     (House Journal-page 145)
   05/13/14  House  Debate adjourned until Wed., 5-14-14
                     (House Journal-page 17)
   05/14/14  House  Read second time (House Journal-page 44)
   05/14/14  House  Roll call Yeas-72  Nays-28 (House Journal-page 44)
   05/20/14  House  Read third time and enrolled
   05/29/14         Ratified R 223
   06/02/14         Signed By Governor
   06/11/14         Effective date 06/02/14
   06/12/14         Act No. 216

(A216, R223, S839)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 TO TITLE 46 SO AS TO PROVIDE THAT IT IS LAWFUL TO GROW INDUSTRIAL HEMP IN THIS STATE, THAT INDUSTRIAL HEMP IS EXCLUDED FROM THE DEFINITION OF MARIJUANA, TO PROHIBIT THE GROWING OF INDUSTRIAL HEMP AND MARIJUANA ON THE SAME PROPERTY OR OTHERWISE GROWING MARIJUANA IN CLOSE PROXIMITY TO INDUSTRIAL HEMP TO DISGUISE THE MARIJUANA GROWTH, TO DEFINE CERTAIN TERMS, AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Findings

SECTION    1.    The General Assembly finds that:

(1)    Hemp is a fiber and oilseed crop with a wide variety of uses, including twine, rope, paper, construction materials, carpeting, and clothing, and has the potential for use as a cellulosic ethanol biofuel.

(2)    Hemp seeds have been used in making industrial oils, cosmetics, medicines, and food.

(3)    Hemp and marijuana are genetically different cultivars of the same plant species and are scientifically distinguishable from each other.

(4)    Hemp is grown for scientific, economic, and environmental uses while marijuana is grown for narcotic use.

(5)    Research and development related to hemp has the potential to provide a cash crop for South Carolina's farmers with broad commercial application that will enhance the economic diversity and stability of our state's agricultural industry.

Industrial hemp cultivation

SECTION    2.    Title 46 of the 1976 Code is amended by adding:

Section 46-55-10.    For the purposes of this chapter:

(1)    'Industrial hemp products' means all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal 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.

(3)    '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.

Section 46-55-20.    It is lawful for an 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.

Section 46-55-30.    Industrial hemp is excluded from the definition of marijuana in Section 44-53-110.

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."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 29th day of May, 2014.

Approved the 2nd day of June, 2014.