SB 9 - This act exempts industrial hemp, which is defined as Cannabis sativa L. containing no greater than 3/10 of one percent THC, from the definition of marijuana and the list of controlled substances. In addition, this act specifies that it is legal grow, harvest, and cultivate industrial hemp in accordance with specific federal and state rules and regulations.
Under this act, the Department of Agriculture must establish a committee by September 30, 2017, to advise the department on appropriate rules regarding industrial hemp, including rules governing licenses and permits to grow and cultivate industrial hemp. All rules and regulations promulgated by the department under this act shall meet the requirements of Section 7606 of the Agricultural Act of 2014. The department must promulgate the rules by March 30, 2018.
The committee is to be administered and appointed by the director of the department, but must include representatives from the department, the agricultural programs at the University of Missouri-Columbia and Lincoln University, the Governor's Office, the Missouri State Highway Patrol, the Missouri Sheriffs Association, and associations advocating for farmers and industrial hemp, and the Missouri Crop Improvement Association.
Under this act, the committee is dissolved April 1, 2018, but may be reconvened by the department as needed to assist in rulemaking.
This act prohibits the issuance of a license or permit to grow or cultivate industrial hemp to a person who has been found guilty of a felony offense within five years or a person who, at any time, has been found guilty of a felony offense under state or federal law regarding the possession, distribution, manufacture, cultivation, or use of a controlled substance. Upon issuance of a license or permit, information regarding all license and permit holders shall be forwarded to the Missouri State Highway Patrol.
A license or permit to grow or cultivate industrial hemp is nontransferable except to a spouse or child who otherwise meets the requirements for a license or permit, is valid for a three-year term unless revoked by the department, and may be renewed as determined by the department.
This act requires the department to charge growers and handlers reasonable fees as determined by the department. The department is also allowed to revoke or refuse to issue or renew a license or permit to grow or cultivate industrial hemp and to impose a civil penalty of not less than $2,500 or more than $50,000 for a violation of the requirements of the license or permit, department rules relating to growing or handling industrial hemp, any plant monitoring system, or a final order of the department that is specifically directed to the grower's or handler's industrial hemp operations or activities. In addition, the department may revoke or refuse to issue or renew a license or permit for failing to comply with statute or for a violation of department rules regarding agricultural operations or activities other than industrial hemp growing or handling.
Under this act, a person who grows industrial hemp without a valid industrial hemp license is subject to an administrative fine of $500 and must obtain an industrial hemp license within 30 days. If the person obtains the license within 30 days, the fine is refunded. If the person fails to obtain a license within 30 days, the person is fined $1,000 per day until the person obtains a license or the crop is destroyed.
Under current law, owners and occupiers of land must destroy the plant "marijuana". This act adds an exception for industrial hemp grown in accordance with the provisions of the act.
This act is substantially similar to SCS/SB 584 (2016), and is similar to SB 120 (2017), HB 83 (2017), HB 170 (2017), SS/SCS/HCS/HB 830 (2015), SCS/SB 255 (2015), HCS/HB 2054 (2014), SB 358 (2013), and HB 620 (2011).
JOHN GRANA