Current with changes from the 2024 Legislative Session
Section 14-102 - [Renumbered as 14-202] Definitions(a) There is an Industrial Hemp Pilot Program.(b) The purpose of the Program is to authorize and facilitate the research of industrial hemp and any aspect of growing, cultivating, harvesting, processing, manufacturing, transporting, marketing, or selling industrial hemp for agricultural, industrial, or commercial purposes.(c) The Department or an institution of higher education that submits an application to the Department in a manner determined by the Department may grow, cultivate, harvest, process, manufacture, transport, market, or sell industrial hemp under the Program if the industrial hemp is grown or cultivated to further agricultural research or academic research purposes.(d)(1) The Department shall certify and register a site that will be used to grow or cultivate industrial hemp under the Program.(2) The Department may charge a fee of up to $250 to certify and register a site that will be used to grow or cultivate industrial hemp.(e) In order to carry out the purpose of the Program: (1) To the extent necessary, the Department or an institution of higher education may contract with a person to grow or cultivate industrial hemp; and(2) A person that grows or cultivates industrial hemp under the Program may purchase or otherwise obtain seeds that produce plants that meet the definition of "industrial hemp" under § 14-101 of this subtitle.(f)(1) In accordance with paragraph (2) of this subsection and subject to paragraphs (3) and (4) of this subsection, a person that grows or cultivates industrial hemp under the Program shall: (i) Verify that the plants grown or cultivated by the person meet the definition of "industrial hemp" under § 14-101 of this subtitle;(ii) Maintain all records of verification at the site that is used to grow or cultivate industrial hemp; and(iii) Make all records available for inspection by:2. The institution of higher education that contracted with the person under subsection (e)(1) of this section to grow or cultivate industrial hemp.(2) The verification required under this subsection shall include:(i) Documentation from an independent testing laboratory registered under § 13-3311 of the Health - General Article; or(ii) Documentation from the institution of higher education that contracted with the person under subsection (e)(1) of this section to grow or cultivate industrial hemp.(3) An independent testing laboratory or an institution of higher education that provides verification documentation under paragraph (2) of this subsection shall conduct on-site inspections to perform the testing necessary for the verification.(4) The frequency of the verification required under this subsection shall be determined by: (ii) The institution of higher education that contracted with a person under subsection (e)(1) of this section to grow or cultivate industrial hemp.(g) Notwithstanding any other provision of law:(1) Industrial hemp grown or cultivated under the Program is an agricultural product that may be: (i) Possessed in the State; and(ii) Sold, distributed, transported, marketed, or processed in the State or outside the State; and(2) Industrial hemp grown, cultivated, and harvested in a state that authorizes the growth, cultivation, and harvesting of industrial hemp may be processed, manufactured, transported, marketed, or sold in the State under the Program.(h) The Department or an institution of higher education may collect and publish data and research on industrial hemp, including data and research on the growth, cultivation, production, and processing of industrial hemp and products derived from industrial hemp.(i) The Department shall adopt regulations to carry out this subtitle.Renumbered as § - 14-202 by 2019 Md. Laws, Ch. 228, Sec. 1, eff. 6/1/2019.Added by 2018 Md. Laws, Ch. 476, Sec. 1, eff. 7/1/2018.Added by 2018 Md. Laws, Ch. 475, Sec. 1, eff. 7/1/2018.