HB2649: Industrial hemp; testing, destruction.

HOUSE BILL NO. 2649

Offered January 11, 2019
A BILL to amend and reenact § 3.2-4116 of the Code of Virginia, relating to industrial hemp; destruction.
Patron-- Pogge

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 3.2-4116 of the Code of Virginia is amended and reenacted as follows:

§ 3.2-4116. Registration conditions.

A. A person shall obtain a registration pursuant to subsection A of § 3.2-4115 prior to growing or processing any industrial hemp in the Commonwealth.

B. A person issued a registration pursuant to subsection A of § 3.2-4115 shall:

1. Maintain records that reflect compliance with this chapter and with all other state laws regulating the growing or processing of industrial hemp;

2. Retain all industrial hemp growing or processing records for at least three years;

3. Allow his production field or process site to be inspected by and at the discretion of the Commissioner or his designee, the Department of State Police, or the chief law-enforcement officer of the locality in which the production field or process site exists;

4. Allow the Commissioner or his designee to monitor and test the grower's or processor's industrial hemp for compliance with tetrahydrocannabinol levels and for other appropriate purposes established pursuant to § 3.2-4114, at the cost of the grower or processor;

5. If the person is a participant in a higher education industrial hemp research program, maintain a current written agreement with an institution of higher education that states that the grower or processor is a participant in the higher education industrial hemp research program managed by that institution of higher education;

6. If required by the Commissioner, destroy, at the cost of the grower or processor and in a manner approved of and verified by the Commissioner, any Cannabis sativa that the grower grows or the processor processes that has been tested and is found to have a concentration of delta-9-tetrahydrocannabinol that is greater than that allowed by federal law 0.6 percent; and

7. If the person is a participant in the Virginia industrial hemp research program, by October 1 of each year, submit a report to the Commissioner regarding his growing or processing activities for the previous year.