Untitled section

Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended— (1) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; and (2) by striking paragraph (1) and inserting the following: (1) Hemp (A) In General The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent in the plant on a dry weight basis. (B) Inclusion Such term includes industrial hemp. (C) Exclusions Such term does not include— (i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis; or (ii) any hemp-derived cannabinoid products containing— (I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; (II) cannabinoids that— (aa) are capable of being naturally produced by a Cannabis sativa L. plant; and (bb) were synthesized or manufactured outside the plant; or (III) quantifiable amounts based on substance, form, manufacture, or article (as determined by the Secretary of Health and Human Services in consultation with the Secretary of Agriculture) of— (aa) tetrahydrocannabinol (including tetrahydrocannabinolic acid); or (bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as tetrahydrocannabinol (as determined by the Secretary of Health and Human Services in consultation with the Secretary Agriculture). (2) Industrial Hemp The term industrial hemp means hemp— (A) grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non-cannabinoid derivative, mixture, prep-aration, or manufacture of such a stalk; (B) grown for the use of the whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant; (C) grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinol con-centration specified in paragraph (1)(C)(i); (D) that is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or an independent research institute; or (E) grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs (A) through (D). (3) Hemp-Derived Cannabinoid Product (A) In General The term ‘hemp-derived cannabinoid product’ means any intermediate or final product derived from hemp (other than industrial hemp), that— (i) contains cannabinoids in any form; and (ii) is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application. (B) Exclusion Such term does not include a drug that is the subject of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)..