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HOUSE BILL NO. 381
INTRODUCED BY D. DUNN
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE LIMIT OF TETRAHYDROCANNABINOL IN INDUSTRIAL HEMP; CLARIFYING DEFINITIONS; AND AMENDING SECTIONS 80-18-101, AND 80-18-102, AND 80-18-106, MCA; AND PROVIDING A CONTINGENT EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 80-18-101, MCA, is amended to read:
"80-18-101. Definitions. As used in this part, the following definitions apply:
(1) "Industrial hemp" means all parts and varieties, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, of the plant Cannabis sativa L. containing no greater than 0.3% 3% 6% tetrahydrocannabinol.
(2) "Marijuana" means all plant material from the genus Cannabis containing more than 3% 6% tetrahydrocannabinol (THC) or seeds of the genus capable of germination."
Section 2. Section 80-18-102, MCA, is amended to read:
"80-18-102. Industrial hemp authorized as agricultural crop. Industrial hemp that has no more than 0.3% tetrahydrocannabinol is considered an agricultural crop in this state. Upon meeting the requirements of 80-18-103, an individual in this state may plant, grow, harvest, possess, process, sell, or buy industrial hemp if the industrial hemp does not contain more than 0.3% 3% 6% tetrahydrocannabinol."
SECTION 3. SECTION 80-18-106, MCA, IS AMENDED TO READ:
"80-18-106. Industrial hemp production -- notification requirements. (1) Each licensee shall file with the department:
(a) documentation showing that the seeds planted are of a type and variety certified to have no more than 0.3% 6% tetrahydrocannabinol; and
(b) a copy of any contract to grow industrial hemp.
(2) Each licensee shall notify the department of the sale or distribution of any industrial hemp grown by the licensee, including the name and address of the person receiving the industrial hemp."
NEW SECTION. SECTION 4. CONTINGENT EFFECTIVE DATE. [THIS ACT] IS EFFECTIVE ON THE DATE THAT THE MONTANA DEPARTMENT OF AGRICULTURE IS GRANTED PRIMACY TO ADMINISTER THE PRODUCTION OF INDUSTRIAL HEMP BY THE UNITED STATES DEPARTMENT OF AGRICULTURE.
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Latest Version of HB 381
(HB0381.02)
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