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STATE LEGISLATIVE ACTION FOR THE DEVELOPMENT OF A HEMP INDUSTRY IN THE U.S.

Prepared for Representative Cynthia Henry Thielen
State of Hawaii

UPDATED: 3/29/2001

 

STATE

 

LEGISLATION
PASSED

 

RESOLUTIONS
ADOPTED

 

MEASURES
PENDING

(AL) Alabama

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(AK) Alaska

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(AZ) Arizona

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SB1519: Authorizes the Arizona State University (ASU)-East School of Agri-business and Resource Management to conduct a study on the feasibility of industrial hemp production in Arizona (must report its findings and recommendations to the Governor and the Legislature by December 1, 2002).
*3/27/01 Passed 1st House reading; referred to NRA and Rules Committee.

(AR) Arkansas

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SR13 (adopted 1999): Requires the University of Arkansas to conduct studies to determine the feasibility of growing hemp as an alternative and profitable crop. Report due by December 31, 2000.

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(CA) California

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HR32 (adopted 1999): Finds that industrial hemp has many uses in many products; that it will contribute to the state economy; that the legislature should revise the legal status of industrial hemp; and that the University of California and other agencies should prepare studies in conjunction with private industry on the cultivation, processing, and marketing of industrial hemp.

AB448: Adds Division 26 to Food and Agricultural Code, authorizing the production and utilization of industrial hemp for commercial purposes (requires licensing); specifies a THC content of 3/10 of 1% or less.
*3/12/01 referred to ASM Committee.

(CO) Colorado

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(CT) Connecticut

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(DE) Delaware

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(FL) Florida

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(GA) Georgia

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(HI) Hawaii

HB32 (Act 305 SLH 1999): Authorizes the State to allow privately-funded industrial hemp research in Hawaii when state and federal agencies (DEA) issue controlled substance registrations; authorizes state and federal agencies to monitor all phases of the research; requires status reports.
NOTE: First plot sown in December 1999. Nation's first legal hemp patch in nearly 50 years

HR109 (adopted 1999): Requests the U.S. Dept. of Agriculture to recommend the use of hemp fiber soil erosion control blankets whenever feasible.

HR110 (adopted 1999): Requests the Hawaii Dept. of Business, Economic Development, and Tourism to examine the feasibility of growing industrial hemp in Hawaii for biomass energy production.

HB57: Makes permanent Act 305, Session Laws of Hawaii 1999, which allows privately funded industrial hemp research to be conducted in Hawaii.
*2/13/01 Passed AGR/PSM Committee (amended: research project extended to 6/30/05); referred to JHA Committee.

 

STATE

 

LEGISLATION
PASSED

 

RESOLUTIONS
ADOPTED

 

MEASURES
PENDING

(ID) Idaho

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(IL) Illinois
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SR49 (adopted 1999): Creates the Industrial Hemp Investigative and Advisory Task Force; requires the task force to report on the economic viability of industrial hemp production; requests the University of Illinois to work with the task force.

HR168 (adopted 1999): Companion measure to SR49.

HR553 (adopted 2000): Urges the U.S. Congress to acknowledge the difference between marijuana and industrial hemp, and to clearly authorize the commercial production of industrial hemp.

HB3377: Amends the University of Illinois Act (SB1397). Authorizes the University of Illinois to study the feasibility and desirability of industrial hemp production; requires report of findings/recommendations by January 1, 2004; excludes industrial hemp from the definition of "cannabis" under the Cannabis Control Act.
(IN) Indiana

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(IA) Iowa

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Senate File 61 (SSB 1031): a bill for an act relating to industrial hemp, by providing for its production, harvesting, and marketing. Purpose: to promote state economy by promoting viable crop.
*1/23/01 Approved by AGR Committee.
(KS) Kansas

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STATE

 

LEGISLATION
PASSED

 

RESOLUTIONS
ADOPTED

 

MEASURES
PENDING

(KY) Kentucky

HB100 (2001): Calls for creation of industrial hemp research program to be administered by Dept. of Agriculture in conjunction with a university; creation of the Industrial Hemp Commission to monitor the research program; directs the adoption of federal rules and regulations; establishes an "industrial hemp program fund" to offset costs.

Identical Resolutions from City of Midway, Woodford County, and Lexington-Fayette Urban County (adopted 2000): in support of the reintroduction of historic production of industrial hemp; encourages legislation; directed to legislators and House/Senate Agricultural committees.

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(LA) Louisiana

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(ME) Maine

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LD1174: Permits possession of hemp for agricultural purposes beginning July 1, 2002; requires the Dept. of Agriculture, Food and Rural Resources and Dept. of Public Safety to examine legalizing the agricultural use of hemp and to implement legislation by January 1, 2002.
*3/5/01 Referred to AGF Committee.

(MD) Maryland HB1250 (2000 Maryland Laws Ch. 681): Establishes a pilot program to study the growth and marketing of industrial hemp; requires the Secretary of Agriculture to administer the pilot program in consultation with State and federal agencies; provides for monitoring and access rights; requires an individual to be licensed by the Dept. of Agriculture prior to participation in the pilot program.

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(MA) Massachusetts

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STATE

 

LEGISLATION
PASSED

 

RESOLUTIONS
ADOPTED

 

MEASURES
PENDING

(MI) Michigan

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(MN) Minnesota HF1238 (1999 Minnesota Session Laws): Authorizes the commissioner of agriculture to permit experimental and demonstration plots to investigate the potential for industrial hemp as a commercial agricultural crop; requires material from industrial hemp plants grown on the plots to be used only for commercial uses; requires registration of applicants for participation; requires reporting.

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(MS) Mississippi

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(MO) Missouri

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(MT) Montana

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HR2 (adopted 1999): Requests that the federal government repeal restrictions on the production of industrial hemp as an agricultural and industrial product.

SB261:Authorizes production of industrial hemp; exempts production as an agricultural crop from criminal status; requires the Dept. of Agr. to request change in Federal law.
*2/14/01 Passed to House.

(NE) Nebraska

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LB273: Provides for cultivation of industrial hemp. *2/2/01 Passed AGR Comm.
(NV) Nevada

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(NH) New Hampshire

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HB293 (Interim Study Subcommittee Work Session Status 2000): Permits the production of industrial hemp; requires licensing for a person or business entity wishing to grow and produce industrial hemp.
*1/25/01 in Env./Agr. Comm.
(NJ) New Jersey

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STATE

 

LEGISLATION
PASSED

 

RESOLUTIONS
ADOPTED

 

MEASURES
PENDING

(NM) New Mexico HB104 (Appropriation incorporated into General Budget Bill 1999): Appropriates $50,000 to New Mexico State University for the purpose of conducting a study of the feasibility of growing industrial hemp as a commercial crop; requires reporting.

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HB582: Legalizing the growing or possession of industrial hemp; imposing duties on the New Mexico Dept. of Agriculture (specifies licensure); amending and enacting sections of the NMSA 1978.
*2/20/01 Passed Agr. & Water Resources Committee.
(NY) New York

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(NC) North Carolina

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(ND) North Dakota

HB1428 (Ch. 4-41-01, 02 NDCC; 4-09-01 NDCC 1999): Authorizes the production of industrial hemp; recognizes industrial hemp as an oilseed; requires any person desiring to grow industrial hemp to apply for a license; allows for the supervision of the industrial hemp during its growth and harvest.

SB2328 (Ch. 4-05.1-05 NDCC 1999): Authorizes the North Dakota State University main research center to conduct baseline research, including production and processing, regarding industrial hemp and other alternative industrial use crops.

HCR3038 (adopted 1999): Urges the U.S. Congress to acknowledge the difference between marijuana and industrial hemp, and to clearly authorize the commercial production of industrial hemp.

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(OH) Ohio

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(OK) Oklahoma

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STATE

 

LEGISLATION
PASSED

 

RESOLUTIONS
ADOPTED

 

MEASURES
PENDING

(OR) Oregon

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SB89: Permits production and possession of industrial hemp and trade in industrial hemp commodities and products; authorizes State Dept. of Agr. to administer licensing and inspection program for growers and handlers of industrial hemp; authorizes civil penalty not exceeding $2,500.

SB531: Permits growing of industrial hemp. Authorizes State Department of Agriculture to administer licensing and inspection program. Authorizes civil penalty not exceeding $2,500.

(PA) Pennsylvania

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(RI) Rhode Island

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(SC) South Carolina

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(SD) South Dakota

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SB86: Authorizes production of industrial hemp; implements registry of producers; specifies no prosecution for legal THC content of 0.3% or less.
*1/26/01 Deferred by Senate State Affairs Committee until 41st Legislative Day.
(TN) Tennessee

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(TX) Texas

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(UT) Utah

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(VT) Vermont

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JRS98 (adopted 2000): Urges the U.S. DEA, the U.S. Dept. of Agriculture, and the U.S. Congress to reconsider federal policies that restrict the cultivation and marketing of industrial hemp and related products. S.119: Permits the development in Vermont of an industrial hemp industry, with provisions for agricultural production and licensing, with research to be undertaken by the University of Vermont.
*2/20/01 Referred to AGR Committee.




 

 

STATE

 

LEGISLATION
PASSED

 

RESOLUTIONS
ADOPTED

 

MEASURES
PENDING

(VA) Virginia HJR605: Requesting the Department of Agriculture and Consumer Services, the Virginia Economic Development Partnership, the Department of Environmental Quality, and the Virginia State Police to develop guidelines for the growth and production of industrial hemp in Virginia.
*2/14/01 Passed House and Senate.
HJR94 (adopted 1999): Urges the U.S. Secretary of Agriculture, the Director of the DEA, and the Director of the Office of National Drug Control Policy to permit the controlled, experimental cultivation of industrial hemp in Virginia.

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(WA) Washington

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(WV) West Virginia

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(WI) Wisconsin

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(WY) Wyoming

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Sources:

  1. Westlaw Database Search; October 31, 2000; http://www.westlaw.com/
  2. North American Industrial Hemp Council, Inc.; http://www.naihc.org/
  3. Hemp Industries Association; http://www.thehia.org/
  4. Legislative Reference Bureau State Legislatures Gateway; http://www.state.hi.us/lrb/card
  5. Legislative Websites - all 50 states; various URLs

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