HR 1831

112th CONGRESS
1st Session

H. R. 1831

To amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 11, 2011

Mr. PAUL (for himself, Ms. BALDWIN, Mr. BLUMENAUER, Mr. CLAY, Mr. COHEN, Mr. DEFAZIO, Mr. ELLISON, Mr. FARR, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Mr. HINCHEY, Mr. MCCLINTOCK, Mr. MCDERMOTT, Mr. GEORGE MILLER of California, Mr. MORAN, Mr. NADLER, Ms. PINGREE of Maine, Mr. POLIS, Mr. ROHRABACHER, Ms. SCHAKOWSKY, Mr. STARK, Ms. WOOLSEY, and Mr. KUCINICH) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Industrial Hemp Farming Act of 2011'.

SEC. 2. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINITION OF MARIHUANA.

Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended--

(1) in paragraph (16)--

(A) by striking `(16) The' and inserting `(16)(A) The'; and

(B) by adding at the end the following:

`(B) The term `marihuana' does not include industrial hemp.'; and

(2) by adding at the end the following:

`(57) The term `industrial hemp' means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.'.

SEC. 3. INDUSTRIAL HEMP DETERMINATION.

Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following:

`(i) Industrial Hemp Determination- If a person grows or processes Cannabis sativa L. for purposes of making industrial hemp in accordance with State law, the Cannabis sativa L. shall be deemed to meet the concentration limitation under section 102(57).'.

END