General Law Committee
AN ACT LEGALIZING INDUSTRIAL HEMP
SUMMARY: This act legalizes industrial hemp by removing it from state law's definitions of “marijuana” and “cannabis-type substances,” thereby removing its classification as a controlled substance. It thus allows industrial hemp to be grown, used, and sold under state law.
The act uses the same definition of industrial hemp as a recent federal law. Under that law, industrial hemp means the plant Cannabis sativa L. and any part of the plant whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than 0. 3% on a dry weight basis. (1% THC is generally considered the threshold for inducing intoxication or psychotropic effect. )
Under state law, except for authorized medical purposes, anyone manufacturing or selling marijuana may be subject to felony penalties. Anyone possessing marijuana for non-medical purposes is subject to penalties ranging from a civil fine to a felony, depending on the amount. (PA 15-2, June Special Session, effective October 1, 2015, generally lowers the maximum penalty for possession to a misdemeanor. )
EFFECTIVE DATE: July 1, 2015
BACKGROUND
Federal Law
The federal Controlled Substances Act defines marijuana to include all parts of the Cannabis sativa L. plant regardless of THC level (21 USC § 802(16)).
Under the 2014 Agricultural Act, a higher education institution or state agriculture department may grow or cultivate industrial hemp under a pilot program or other research program that meets certain conditions, if allowed under state law (7 USC § 5940).
OLR Tracking: DC: KD: TA: cmg