1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to agriculture; providing for the development and regulation of an
industrial hemp industry; authorizing rulemaking; providing a defense for
possession and cultivation of industrial hemp; modifying the definition of
marijuana; amending Minnesota Statutes 2006, sections 18J.01; 18J.02; 18J.03;
18J.04, subdivisions 1, 2, 3, 4; 18J.05, subdivisions 1, 2, 6; 18J.06; 18J.07,
subdivisions 3, 4, 5; 18J.09; 18J.11, subdivision 1, by adding a subdivision;
152.01, subdivision 9; 375.30, subdivision 2; proposing coding for new law
as Minnesota Statutes, chapter 18K.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2006, section 18J.01, is amended to read:
(a) The definitions in sections 18G.02 deleted text begin anddeleted text end new text begin ,new text end 18H.02new text begin , and 18K.03new text end apply to this chapter.
(b) For purposes of this chapter, "associated rules" means rules adopted under this
chapter, chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , or sections 21.80 to 21.92.
Minnesota Statutes 2006, section 18J.02, is amended to read:
The commissioner shall administer and enforce this chapter, chapters 18G deleted text begin anddeleted text end new text begin ,new text end
18Hnew text begin , and 18Knew text end , sections 21.80 to 21.92, and associated rules.
Minnesota Statutes 2006, section 18J.03, is amended to read:
A person regulated by this chapter, chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , or sections 21.80
to 21.92, is civilly liable for any violation of one of those statutes or associated rules by
the person's employee or agent.
Minnesota Statutes 2006, section 18J.04, subdivision 1, is amended to read:
The commissioner, upon presentation of official
department credentials, must be granted immediate access at reasonable times to sites
where a person manufactures, distributes, uses, handles, disposes of, stores, or transports
seeds, plants, or other living or nonliving products or other objects regulated under chapter
18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92, or associated rules.
Minnesota Statutes 2006, section 18J.04, subdivision 2, is amended to read:
(a) The commissioner may enter sites for:
(1) inspection of inventory and equipment for the manufacture, storage, handling,
distribution, disposal, or any other process regulated under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end ,
sections 21.80 to 21.92, or associated rules;
(2) sampling of sites, seeds, plants, products, or other living or nonliving objects that
are manufactured, stored, distributed, handled, or disposed of at those sites and regulated
under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92, or associated rules;
(3) inspection of records related to the manufacture, distribution, storage, handling,
or disposal of seeds, plants, products, or other living or nonliving objects regulated under
chapter 18G deleted text begin ordeleted text end new text begin , new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92, or associated rules;
(4) investigating compliance with chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80
to 21.92, or associated rules; or
(5) other purposes necessary to implement chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections
21.80 to 21.92, or associated rules.
(b) The commissioner may enter any public or private premises during or after
regular business hours without notice of inspection when a suspected violation of chapter
18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92, or associated rules may threaten public
health or the environment.
Minnesota Statutes 2006, section 18J.04, subdivision 3, is amended to read:
(a) The commissioner shall
provide the owner, operator, or agent in charge with a receipt describing any samples
obtained. If requested, the commissioner shall split any samples obtained and provide
them to the owner, operator, or agent in charge. If an analysis is made of the samples,
a copy of the results of the analysis must be furnished to the owner, operator, or agent
in charge within 30 days after an analysis has been performed. If an analysis is not
performed, the commissioner must notify the owner, operator, or agent in charge within 30
days of the decision not to perform the analysis.
(b) The sampling and analysis must be done according to methods provided for
under applicable provisions of chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92,
or associated rules. In cases not covered by those sections and methods or in cases
where methods are available in which improved applicability has been demonstrated the
commissioner may adopt appropriate methods from other sources.
Minnesota Statutes 2006, section 18J.04, subdivision 4, is amended to read:
(a) A person who believes that a violation
of chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92, or associated rules has occurred
may request an inspection by giving notice to the commissioner of the violation. The
notice must be in writing, state with reasonable particularity the grounds for the notice,
and be signed by the person making the request.
(b) If after receiving a notice of violation the commissioner reasonably believes that
a violation has occurred, the commissioner shall make a special inspection in accordance
with the provisions of this section as soon as practicable, to determine if a violation has
occurred.
(c) An inspection conducted pursuant to a notice under this subdivision may cover
an entire site and is not limited to the portion of the site specified in the notice. If the
commissioner determines that reasonable grounds to believe that a violation occurred
do not exist, the commissioner must notify the person making the request in writing of
the determination.
Minnesota Statutes 2006, section 18J.05, subdivision 1, is amended to read:
(a) A violation of chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or
18Knew text end , sections 21.80 to 21.92, or an associated rule is a violation of this chapter.
(b) Upon the request of the commissioner, county attorneys, sheriffs, and other
officers having authority in the enforcement of the general criminal laws must take action
to the extent of their authority necessary or proper for the enforcement of chapter 18G
deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92, or associated rules or valid orders, standards,
stipulations, and agreements of the commissioner.
Minnesota Statutes 2006, section 18J.05, subdivision 2, is amended to read:
If minor violations of chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin ,
or 18Knew text end , sections 21.80 to 21.92, or associated rules occur or the commissioner believes
the public interest will be best served by a suitable notice of warning in writing, this
section does not require the commissioner to:
(1) report the violation for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution, stop-sale, or other order.
Minnesota Statutes 2006, section 18J.05, subdivision 6, is amended to read:
All persons licensed, permitted, registered,
or certified under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92, or associated rules
must appoint the commissioner as the agent upon whom all legal process may be served
and service upon the commissioner is deemed to be service on the licensee, permittee,
registrant, or certified person.
Minnesota Statutes 2006, section 18J.06, is amended to read:
A person must not knowingly make or offer a false statement, record, or other
information as part of:
(1) an application for registration, license, certification, or permit under chapter 18G
deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92, or associated rules;
(2) records or reports required under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80
to 21.92, or associated rules; or
(3) an investigation of a violation of chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to
21.92, or associated rules.
Minnesota Statutes 2006, section 18J.07, subdivision 3, is amended to read:
The
commissioner may cancel or revoke a registration, permit, license, or certification
provided for under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92, or associated
rules or refuse to register, permit, license, or certify under provisions of chapter 18G deleted text begin ordeleted text end new text begin ,new text end
18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92, or associated rules if the registrant, permittee,
licensee, or certified person has used fraudulent or deceptive practices in the evasion or
attempted evasion of a provision of chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92,
or associated rules.
Minnesota Statutes 2006, section 18J.07, subdivision 4, is amended to read:
(a) If a person is not available for service
of an order, the commissioner may attach the order to the facility, site, seed or seed
container, plant or other living or nonliving object regulated under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or
18Knew text end , sections 21.80 to 21.92, or associated rules and notify the owner, custodian, other
responsible party, or registrant.
(b) The seed, seed container, plant, or other living or nonliving object regulated
under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections 21.80 to 21.92, or associated rules may not
be sold, used, tampered with, or removed until released under conditions specified by the
commissioner, by an administrative law judge, or by a court.
Minnesota Statutes 2006, section 18J.07, subdivision 5, is amended to read:
(a) An applicant for a license, permit, registration,
or certification under provisions of this chapter, chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18Hnew text begin , or 18Knew text end , sections
21.80 to 21.92, or associated rules may not allow a final judgment against the applicant
for damages arising from a violation of those statutes or rules to remain unsatisfied for
a period of more than 30 days.
(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation
of this chapter results in automatic suspension of the license, permit, registration, or
certification.
Minnesota Statutes 2006, section 18J.09, is amended to read:
Penalties, cost reimbursements, fees, and other money collected under this chapter
must be deposited into the state treasury and credited to the appropriate nursery and
phytosanitarynew text begin , industrial hemp,new text end or seed account.
Minnesota Statutes 2006, section 18J.11, subdivision 1, is amended to read:
Except as provided in subdivisions 2 deleted text begin anddeleted text end new text begin ,new text end 3new text begin , and
4new text end , a person is guilty of a misdemeanor if the person violates this chapter or an order,
standard, stipulation, agreement, or schedule of compliance of the commissioner.
Minnesota Statutes 2006, section 18J.11, is amended by adding a subdivision
to read:
new text begin
Prosecution under this section does not
preclude prosecution under chapter 152.
new text end
new text begin
This chapter may be referred to as the "Industrial Hemp Development Act."
new text end
new text begin
The legislature finds that the development and use of industrial hemp can improve
the state's economy and agricultural vitality and the production of industrial hemp can
be regulated so as not to interfere with the strict regulation of controlled substances in
this state. The purpose of the Industrial Hemp Development Act is to promote the state
economy and agriculture industry by permitting the development of a regulated industrial
hemp industry while maintaining strict control of marijuana.
new text end
new text begin
The definitions in this section apply to this chapter.
new text end
new text begin
"Commissioner" means the commissioner of agriculture.
new text end
new text begin
"Industrial hemp" means all parts and varieties of
the plant Cannabis sativa L. containing no greater than three-tenths of one percent
tetrahydrocannabinol.
new text end
new text begin
"Marijuana" has the meaning given in section 152.01,
subdivision 9.
new text end
new text begin
Industrial hemp is considered an agricultural crop in this state if grown in
compliance with this chapter. A person may possess, process, sell, or buy industrial
hemp that is planted, grown, and harvested in accordance with the provisions of sections
18K.05 and 18K.06.
new text end
new text begin
(a) A person growing or seeking to grow industrial hemp for commercial purposes
must apply to the commissioner for license on a form prescribed by the commissioner.
new text end
new text begin
(b) The application for a license must include the name and address of the applicant
and the legal description of the land area to be used for the production of industrial hemp.
new text end
new text begin
(c) The commissioner must require each first-time applicant for a license to submit
to a background investigation conducted by the Bureau of Criminal Apprehension as a
condition of licensure. As part of the background investigation, the Bureau of Criminal
Apprehension must conduct criminal history checks of Minnesota records and is authorized
to exchange fingerprints with the Federal Bureau of Investigation for the purpose of a
criminal background check of the national files. The cost of the investigation must be paid
by the applicant. Criminal history records provided to the department under this section
must be treated as private data on individuals, as defined in section 13.02, subdivision 12.
new text end
new text begin
(d) Prior to issuing a license under the provisions of this chapter, the commissioner
must determine that the applicant has complied with all applicable requirements of
the United States Department of Justice, Drug Enforcement Administration, for the
production, distribution, and sale of industrial hemp.
new text end
new text begin
(e) If the applicant has completed the application process to the satisfaction of the
commissioner, the commissioner must issue a license which is valid until December 31
of the year of application. An individual licensed under this section is presumed to be
growing industrial hemp for commercial purposes.
new text end
new text begin
(a) Annually, a licensee must file with the commissioner:
new text end
new text begin
(1) documentation showing that the seeds planted are of a type and variety certified
to contain no more than three-tenths of one percent tetrahydrocannabinol; and
new text end
new text begin
(2) a copy of any contract to grow industrial hemp.
new text end
new text begin
(b) A licensee must notify the commissioner of the sale or distribution of any
industrial hemp grown by the licensee, including, but not limited to, the name and address
of the person or entity receiving the industrial hemp and the amount of industrial hemp
sold.
new text end
new text begin
(a) The commissioner shall promulgate rules dealing with, but not limited to:
new text end
new text begin
(1) supervising and inspecting industrial hemp during its growth and harvest;
new text end
new text begin
(2) testing industrial hemp during growth to determine tetrahydrocannabinol levels;
new text end
new text begin
(3) assessing a fee commensurate with the costs of the commissioner's activities in
licensing, testing, and supervising industrial hemp production;
new text end
new text begin
(4) using the results of the background checks authorized in section 18K.05 as
criteria for approving or denying an application for industrial hemp licensure; and
new text end
new text begin
(5) any other rule or procedure necessary to carry out the purposes of this chapter.
new text end
new text begin
(b) Rules promulgated under this section must be consistent with the rules of the
United States Department of Justice, Drug Enforcement Administration, regarding the
production, distribution, and sale of industrial hemp.
new text end
new text begin
Any fee collected under this chapter must be credited to the industrial hemp account,
which is hereby established in the agricultural fund in the state treasury. Interest earned in
the account accrues to the account. Funds in the industrial hemp account are continuously
appropriated to the commissioner to implement and enforce this chapter.
new text end
new text begin
It is an affirmative defense to a prosecution for the possession of marijuana under
chapter 152 if:
new text end
new text begin
(1) the defendant was growing industrial hemp pursuant to the provisions of this
chapter;
new text end
new text begin
(2) the defendant has a valid applicable controlled substances registration from the
United States Department of Justice, Drug Enforcement Administration;
new text end
new text begin
(3) the defendant fully complied with all of the conditions of the controlled
substances registration; and
new text end
new text begin
(4) the substance in possession is industrial hemp, as defined in section 18K.03.
new text end
Minnesota Statutes 2006, section 152.01, subdivision 9, is amended to read:
"Marijuana" means all parts of the plant of any species of
the genus Cannabis, including all agronomical varieties, whether growing or not; the
seeds thereof; the resin extracted from any part of such plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but
shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made
from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or
cake, or the sterilized seed of such plant which is incapable of germination.new text begin Marijuana
does not include industrial hemp as defined in section 18K.03.
new text end
Minnesota Statutes 2006, section 375.30, subdivision 2, is amended to read:
A county board, by resolution, may appropriate and spend
money as necessary to spray and otherwise eradicate wild hemp, commonly known as
marijuana, on private property within the county. The county board may authorize the
use of county equipment, personnel and supplies and materials to spray or otherwise
eradicate wild hemp on private property, and may pro rate the expenses involved between
the county and owner or occupant of the property.new text begin Wild hemp does not include industrial
hemp grown by a person licensed under chapter 18K.
new text end
new text begin
Sections 1 to 23 and 25 to 28 are effective the day following final enactment. Section
24 is effective the day after the United States Department of Justice, Drug Enforcement
Administration, authorizes a person to commercially grow industrial hemp in the United
States.
new text end