Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 302 (2018GS)

Sponsor

Rep. Daw, B.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• authorizes the Department of Agriculture and Food to license a person who wishes to participate in an industrial hemp research pilot program;
• creates a process to register an industrial hemp product;
• prohibits a person from cultivating industrial hemp without a license;
• prohibits the distribution of an industrial hemp product without registration;
• authorizes rulemaking authority; and
• makes technical changes.

Every vote on this bill

Bill text

CULTIVATION OF INDUSTRIAL HEMP
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill deals with the licensing of cultivators and processors of industrial hemp and
the registration of industrial hemp products.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ authorizes the Department of Agriculture and Food to license a person who wishes
to participate in an industrial hemp research pilot program;
▸ creates a process to register an industrial hemp product;
▸ prohibits a person from cultivating industrial hemp without a license;
▸ prohibits the distribution of an industrial hemp product without registration;
▸ authorizes rulemaking authority; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-41-102
, as enacted by Laws of Utah 2014, Chapter 25
4-41-103
, as last amended by Laws of Utah 2017, Chapter 345
ENACTS:
4-41-104
, Utah Code Annotated 1953
4-41-105
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-41-102
 is amended to read:
4-41-102.
Definitions.
For purposes of this chapter:
(1) "Agricultural pilot program" means a program to study the growth, cultivation, or
marketing of industrial hemp.
[
(1)
] 
(2)
 "Industrial hemp" means any part of a cannabis plant, whether growing or not,
with a concentration of less than 0.3% tetrahydrocannabinol by weight.
[
(2)
] 
(3)
 "Industrial hemp certificate" means a certificate issued by the department to a
higher education institution to grow or cultivate industrial hemp under Subsection 
4-41-103
(1).
(4) "Industrial hemp license" means a license issued by the department to a person for
the purpose of participating in a research pilot program.
(5) "Industrial hemp product" means a product derived from, or made by, processing
industrial hemp plants or industrial hemp parts.
(6) "Licensee" means an individual or business entity possessing a license issued by the
department under this chapter to grow, cultivate, process, or market industrial hemp or an
industrial hemp product.
(7) "Person" means:
(a) an individual, partnership, association, firm, trust, limited liability company, or
corporation; and
(b) an agent or employee of an individual, partnership, association, firm, trust, limited
liability company, or corporation.
(8) "Research pilot program" means a program conducted by the department in
collaboration with at least one licensee to study methods of cultivating, processing, or
marketing industrial hemp.
Section 2. Section 
4-41-103
 is amended to read:
4-41-103.
Industrial hemp -- Agricultural and academic research.
(1) The department 
and its licensee
 may grow [
or
]
,
 cultivate
, or process
 industrial
hemp for the purpose of agricultural [
or
]
,
 academic
, or market
 research.
(2) The department shall certify a higher education institution to grow or cultivate
industrial hemp for the purpose of agricultural or academic research if the higher education
institution submits to the department:
(a) the location where the higher education institution intends to grow or cultivate
industrial hemp;
(b) the higher education institution's research plan; and
(c) the name of an employee of the higher education institution who will supervise the
industrial hemp growth, cultivation, and research.
(3) The department shall maintain a list of each industrial hemp certificate holder 
and
licensee
.
(4) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to
:
(a)
 ensure any industrial hemp project 
or research pilot project
 meets the standards of
an agricultural pilot project, as defined by Section 7606 of the United States Agricultural Act
of 2014[
.
]
;
(b) establish requirements for a license to participate in an industrial hemp research
pilot program;
(c) set sampling and testing procedures for industrial hemp; and
(d) define a class or category of an industrial hemp product that is eligible for sale,
transfer, or distribution to a member of the public.
(5) A person seeking to cultivate industrial hemp shall provide to the department:
(a) the legal description and global positioning coordinates sufficient for locating any
field or greenhouse used by the person to grow industrial hemp; and
(b) written consent allowing a representative of the department and local law
enforcement to enter all premises where industrial hemp is cultivated, processed, or stored for
the purpose of:
(i) conducting a physical inspection; or
(ii) ensuring compliance with the requirements of this chapter.
(6) The following individuals are not eligible to obtain a license under this chapter:
(a) an individual who has been convicted of a felony; and
(b) an individual who has been convicted of a drug-related misdemeanor within the last
years.
[
(5)
] 
(7)
 The department may set a fee, pursuant to Subsection 
4-2-103
(2), for the
application of an industrial hemp certificate 
and the application for an industrial hemp license
. 
Section 3. Section 
4-41-104
 is enacted to read:
 4-41-104.
Product registration required for distribution -- Application -- Fees --
Renewal.
(1) An industrial hemp product that is not registered with the department may not be
distributed in this state.
(2) A person seeking registration for an industrial hemp product shall:
(a) apply to the department on forms provided by the department; and
(b) submit an annual registration fee, determined by the department pursuant to
Subsection 
4-2-103
(2), for each industrial hemp product the person intends to distribute in this
state.
(3) The department may conduct tests, or require test results, to ensure that any claim
made by an applicant about an industrial hemp product is accurate.
(4) Upon receipt by the department of a proper application and payment of the
appropriate fee, as described in Subsection (2), the department shall issue a registration to the
applicant allowing the applicant to distribute the registered hemp product in the state through
June 30 of each year, subject to suspension or revocation for cause.
(5) The department shall mail, either through the postal service or electronically, forms
for the renewal of a registration to a registrant at least 30 days before the day on which the
registrant's registration expires.
Section 4. Section 
4-41-105
 is enacted to read:
 4-41-105.
Unlawful acts.
(1) It is unlawful for a person who is not a licensee to cultivate, handle, process, or
market living industrial hemp plants, viable hemp seeds, leaf materials, or floral materials
derived from industrial hemp.
(2) It is unlawful for any person to distribute or market an industrial hemp product that
is not registered with the department pursuant to Section 
4-41-104
.
(3) The department may seize and destroy hemp plants or products that do not comply
with this chapter, including cannabis plants or products that contain a concentration of 0.3%
tetrahydrocannabinol or greater by weight.
(4) Nothing in this chapter authorizes any person to violate federal law, regulation, or
any provision of this title.