SB 8: "An Act relating to the regulation and production of industrial hemp."
00 SENATE BILL NO. 8 01 "An Act relating to the regulation and production of industrial hemp." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 03.05 is amended by adding a new section to read: 04 Sec. 03.05.078. Industrial hemp. (a) Industrial hemp is an agricultural crop in 05 the state. 06 (b) An individual licensed under this section may produce industrial hemp, 07 including planting, growing, harvesting, possessing, processing, selling, or buying 08 industrial hemp. 09 (c) An individual who produces industrial hemp shall apply to the department 10 for a license on a form prescribed by the department that includes 11 (1) the name and address of the applicant; 12 (2) the legal description of the area to be used for the production of 13 industrial hemp; 14 (3) fingerprints and the fees required by the Department of Public 15 Safety under AS 12.62.160 for criminal justice information and a national criminal
01 history record check; the department shall submit the fingerprints and fees to the 02 Department of Public Safety for a report of criminal justice information under 03 AS 12.62 and a national criminal history record check under AS 12.62.400. 04 (d) The commissioner shall adopt regulations relating to industrial hemp 05 production, including regulations that 06 (1) require a licensee to prepare and file with the commissioner 07 documentation showing that the seeds planted are of a type and variety certified to 08 grow industrial hemp having not more than 0.3 percent tetrahydrocannabinol; 09 (2) require a licensee to provide to the commissioner a copy of any 10 contract to grow industrial hemp; 11 (3) require a licensee to notify the commissioner of the sale or 12 distribution of the industrial hemp grown by the licensee, including the name and 13 address of the recipient; 14 (4) establish methods and standards for testing industrial hemp to 15 determine the level of tetrahydrocannabinol in the industrial hemp; 16 (5) provide for supervision of industrial hemp production; and 17 (6) assess regulatory or licensing fees commensurate with the costs of 18 the department's activities in regulating industrial hemp production. 19 (e) In this section, "industrial hemp" means all parts and varieties of the plant 20 Cannabis sativa L. containing not more than 0.3 percent tetrahydrocannabinol. 21 * Sec. 2. AS 11.71.090 is amended by adding a new subsection to read: 22 (c) In a prosecution under AS 11.71.030 - 11.71.060 charging the 23 manufacture, delivery, possession, possession with intent to manufacture or deliver, or 24 display of a schedule VIA controlled substance, it is an affirmative defense that the 25 defendant is licensed to produce industrial hemp under AS 03.05.078, and 26 (1) at the time of the manufacture, delivery, possession, possession 27 with intent to manufacture or deliver, or display, the defendant was in compliance with 28 AS 03.05.078; 29 (2) the manufacture, delivery, possession, possession with intent to 30 manufacture or deliver, or display complied with the requirements of AS 03.05.078; 31 and
01 (3) the material, compound, mixture, or preparation manufactured, 02 delivered, possessed, possessed with intent to manufacture or deliver, or displayed was 03 industrial hemp as defined in AS 03.05.078. 04 * Sec. 3. AS 12.62.400(a) is amended by adding a new paragraph to read: 05 (18) licensure as an industrial hemp producer under AS 03.05.078. 06 * Sec. 4. AS 17.38.100 is amended by adding a new subsection to read: 07 (i) An individual licensed to produce industrial hemp under AS 03.05.078 is 08 not required to apply for licensure or be licensed under this section. In this subsection, 09 "industrial hemp" has the meaning given in AS 03.05.078.