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CSSB 6(RES): "An Act relating to the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of 'marijuana'; and clarifying that adding industrial hemp to food does not create an adulterated food product."

00                       CS FOR SENATE BILL NO. 6(RES)                                                                     
01 "An Act relating to the regulation and production of industrial hemp; relating to                                       
02 industrial hemp pilot programs; providing that industrial hemp is not included in the                                   
03 definition of 'marijuana'; and clarifying that adding industrial hemp to food does not                                  
04 create an adulterated food product."                                                                                    
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 03.05 is amended by adding new sections to read:                                                   
07            Sec. 03.05.078. Industrial hemp. (a) Industrial hemp is an agricultural crop in                            
08       the state.                                                                                                        
09            (b)  An individual registered under this section may produce industrial hemp,                                
10       including growing, harvesting, possessing, transporting, processing, selling, or buying                           
11       industrial hemp.                                                                                                  
12            (c)  An individual who produces industrial hemp shall apply to the department                                
13       for registration on a form prescribed by the department that includes                                             
14                 (1)  the name and address of the applicant;                                                             
01                 (2)  the address and global positioning system coordinates of the area to                               
02       be used for the production of industrial hemp.                                                                    
03            (d)  Registration under this section is valid for one year. A registrant may                                 
04       renew registration in the form and manner prescribed by the department.                                           
05 (e)  The department shall establish fee levels for application, registration, and                                       
06 renewal of registration so that the total amount of fees collected under this section                                   
07 approximately equals the regulatory costs for regulating the industrial hemp industry.                                  
08 The department shall annually review each fee level to determine whether the                                            
09       regulatory cost of industrial hemp is approximately equal to the fees collected.                                  
10 (f)  The department may issue a stop-sale order or issue a violation notice to a                                        
11       person who is producing industrial hemp without a current registration.                                           
12 (g)  A registrant may use any propagation method, including planting seeds or                                           
13       starts or using clones or cuttings to produce industrial hemp.                                                    
14 (h)  The department, a registrant, or any institution of higher education may                                           
15       import into the state and resell industrial hemp seeds.                                                           
16 (i)  A registrant may retain industrial hemp seeds for the purpose of                                                   
17       propagating industrial hemp in future years.                                                                      
18 (j)  A registrant may retain and recondition any industrial hemp that tests                                             
19 between 0.3 percent and one percent delta-9 tetrahydrocannabinol on a dry-weight                                        
20 basis. Industrial hemp products intended for human consumption may not exceed 0.3                                       
21       percent delta-9 tetrahydrocannabinol.                                                                             
22 (k)  The department may adopt regulations regarding approved shipping                                                   
23       documentation for the transportation of industrial hemp.                                                          
24 (l)  A registrant shall maintain for at least three years following the sale or                                         
25       transfer of industrial hemp records showing                                                                       
26 (1)  the name and address of the person that received the industrial                                                    
27       hemp;                                                                                                             
28                 (2)  the amount of industrial hemp transferred.                                                         
29 (m)  A registrant shall make the records required under (l) of this section                                             
30 available for inspection by the department during normal business hours. The                                            
31       department shall provide at least three days' notice before inspecting the records.                               
01            Sec. 03.05.079. Industrial hemp pilot program. (a) The department or an                                    
02       institution of higher education in the state may create and administer an agricultural                            
03       pilot program to study the growth, cultivation, or marketing of industrial hemp.                                  
04 (b)  An institution of higher education in the state, the division of the                                               
05 department with responsibility for agriculture, or a person registered under                                            
06 AS 03.05.078 may participate in an agricultural pilot program created under (a) of this                                 
07       section or engage in industrial hemp research.                                                                    
08            (c)  The department may adopt regulations to implement this section.                                         
09    * Sec. 2. AS 03.05.100 is amended by adding a new paragraph to read:                                               
10 (5)  "industrial hemp" means all parts and varieties of the plant                                                       
11       Cannabis sativa L. containing not more than 0.3 percent delta-9 tetrahydrocannabinol.                             
12    * Sec. 3. AS 11.71.900(14) is amended to read:                                                                     
13 (14)  "marijuana" means the seeds, and leaves, buds, and flowers of the                                                 
14 plant (genus) Cannabis, whether growing or not; it does not include the resin or oil                                    
15 extracted from any part of the plants, or any compound, manufacture, salt, derivative,                                  
16 mixture, or preparation from the resin or oil, including hashish, hashish oil, and natural                              
17 or synthetic tetrahydrocannabinol; it does not include the stalks of the plant, fiber                                   
18 produced from the stalks, oil or cake made from the seeds of the plant, any other                                       
19 compound, manufacture, salt, derivative, mixture, or preparation of the stalks, fiber,                                  
20 oil or cake, or the sterilized seed of the plant which is incapable of germination; it                              
21       does not include industrial hemp as defined in AS 03.05.100;                                                  
22    * Sec. 4. AS 17.20.020 is amended by adding a new subsection to read:                                              
23 (e)  Food is not adulterated under this section solely because it contains                                              
24       industrial hemp, as defined in AS 03.05.100, or an industrial hemp product.                                       
25    * Sec. 5. AS 17.38.900(10) is amended to read:                                                                     
26 (10)  "marijuana" means all parts of the plant of the genus cannabis                                                    
27 whether growing or not, the seeds thereof, the resin extracted from any part of the                                     
28 plant, and every compound, manufacture, salt, derivative, mixture, or preparation of                                    
29 the plant, its seeds, or its resin, including marijuana concentrate; "marijuana" does not                               
30 include fiber produced from the stalks, oil, or cake made from the seeds of the plant,                                  
31 sterilized seed of the plant which is incapable of germination, [OR] the weight of any                                  
01       other ingredient combined with marijuana to prepare topical or oral administrations,                              
02       food, drink, or other products, or industrial hemp as defined in AS 03.05.100;