Industrial Hemp Act of 2023
2/5/2024, 11:45 AMSummary of Bill HR 3755
Bill 118 HR 3755, also known as the Industrial Hemp Act of 2023, is a piece of legislation introduced in the US Congress with the aim of legalizing the cultivation, production, and sale of industrial hemp in the United States. The bill seeks to remove hemp from the list of controlled substances under the Controlled Substances Act, thereby allowing for the widespread cultivation and use of hemp for various industrial purposes.The Industrial Hemp Act of 2023 is a bipartisan effort that has garnered support from lawmakers on both sides of the aisle. Proponents of the bill argue that legalizing industrial hemp will create new economic opportunities for farmers and businesses, as hemp can be used in a wide range of products, including textiles, paper, biofuels, and construction materials. Additionally, supporters of the bill point to the environmental benefits of hemp cultivation, as hemp requires less water and pesticides than other crops and can help to reduce carbon emissions.
Opponents of the bill have raised concerns about the potential for hemp cultivation to be used as a cover for the illegal production of marijuana, as hemp and marijuana are both varieties of the cannabis plant. However, the Industrial Hemp Act of 2023 includes provisions to regulate the cultivation of hemp and ensure that it contains no more than 0.3% THC, the psychoactive compound found in marijuana. Overall, the Industrial Hemp Act of 2023 represents a significant step towards the legalization and regulation of industrial hemp in the United States. If passed, the bill has the potential to create new economic opportunities, promote sustainable agriculture practices, and support the growth of the hemp industry in the US.
Congressional Summary of HR 3755
Industrial Hemp Act of 2023
This bill exempts industrial hemp production from certain inspection and testing requirements. Under current law, the hemp production program requires that all hemp production meet the same inspection and testing requirements.
The bill amends the hemp production programs for a state, Indian tribe, and the Department of Agriculture to (1) establish a separate definition for industrial hemp, (2) require a procedure for hemp producers to designate the type of hemp production as industrial hemp or hemp for any other purpose, and (3) exclude industrial hemp from testing requirements.
Industrial hemp producers are subject to annual visual inspections. If a producer fails a visual inspection, the producer may be (1) required to provide certain documentation on the in-field practices, and (2) subject to chemical testing on harvested material.
Currently, a person with a felony conviction related to a controlled substance is prohibited from participating in the hemp production program for ten years. This bill includes an exception to allow participation by a person producing industrial hemp. However, a person who knowingly produces a crop that is inconsistent with the industrial hemp designation is prohibited from participating in the hemp production program for five years.
The bill also preempts state and tribal law for the regulation of industrial hemp.
