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USDA ex me, May 28,2019 ‘MEMORANDUM ‘SUBJECT: EXECUTIVE SUMMARY OF NEW HEMP AUTHORITIES On December 20,2018, President Trump signed into law the Agriculture Improvement Act of 2018, Pub. L. 115-334 (2018 Farm Bill. The 2018 Farm Bill legalized hemp production for ll purposes within he parameters Isid out in the statute ‘The Office ofthe General Counsel (OGC) has issued the attached legal opinion to address ‘questions regarding several ofthe hemp related provisions ofthe 2018 Farm Bil including: a ‘phase-out ofthe industrial hemp pilot authority in the Agricultural Act of 2014 (2014 Farm Bill) (Section 7605); an amendment tothe Agricultural Marketing Act of 1946 to allow States and Indian tribes to regulate hemp production or fllow a Deparment of Agriculture (USDA) plan regulating hemp production (Section 10113); a provision ensuing the fre flow of hemp in interstate commerce (Section 10114); and the removal of hemp from the Controlled Substances ‘Act (Section 12619), ‘The key conclusions ofthe OGC legal opinion ae the following: 1. Asof the enactment of the 2018 Farm Bill on December 20,2018, hemp has been removed fiom schedle I of the Controlled Substances Act and is no longer «controlled substance. 2. After USDA publishes regulations implementing the new hemp production provisions of the 2018 Farm Bill contained inthe Agricultural Marketing Act of 1946, Sates and Indian tribes may not prohibit the interstate transportation or shipment of hemp lawfully produced under a State or Tribal plan or under a license issved under the USDA plan. 3. States and Indian tribes also may not prohibit the interstate transportation or shipment of ‘hemp lawfully produced under the 2014 Farm Bill. 4, A person with a State or Federal felony conviction relating toa controlled substance is ‘subject toa 10-year ineligibility restriction on producing hemp under the Agricultural ‘Marketing Act of 1946. An exception applies toa person who was lawfully growing ‘hemp under the 2014 Farm Bill before December 20,2018, and whose convition also ‘curred before that date, ‘MEMORANDUM May 28,2019 Page? ‘Wit he enactment ofthe 2018 Farm Bil, emp may be grown only (1) witha valid USDA {issued ens, (2) under a USDAcapproved Stat or Tiba lan, or G) under the 2014 Fam Bill {ndusial honp pilot auboity. That pilot anthsity wil expire one year afer USDA establishes pln far issuing USDA licenses under the provisions ofthe 2018 Fam Bil Its important forthe publi to recognize that the 2018 Farm Bill preserves the authority of ‘States an Indian uibes to enact and enforce laws regulating the preduction of hcmp that ae ‘more stringent than Federal lat. ‘Thus, while a Stato or an Indian tibe eannot block the shipment aThemp through tht State or Tribal testory, it may continue to enforce State or Tribal laws prohibiting the growing of hemp in hat State or Tribal teritory. Its also important to emphasize that the 2018 Farm Bill doesnot affect or modify the authority ofthe Secretary of Health and Human Services or Commissioner of Food end Drugs to regulate Jhemp under applicable U.S. Pood and Drug Administration FDA) laws USDA expects to issue regulations implementing the new hemp production authorities in 2019, Attachment USDA wm ener nom ee ‘Agicuiture ‘Counsel ‘Deparment of Genera) Ab bhlhn (Genera Course May 28, 2019, MEMORANDUM FOR SONNY PERDUE 7 SECRETARY OF AGRICULTURE SUBJECT: LEGAL OPINION ON CERTAIN PROVISIONS OF THE. AGRICULTURE IMPROVEMENT ACT OF 2018 RELATING TO HEMP ‘This memorandum provides my legal opinion on certain provisions ofthe Agriculture Improvement Act of 2018 (2018 Farm Bill”), Pub, L. No. 115-334, relating to hemp. As explained below, this memorandum concludes the following: 1 ‘As of the enactment ofthe 2018 Farm Bill on December 20,2018, hemp has been removed from schedule I ofthe Controlled Substancas Act (*CSA") and is no longer a controlled substance. Hemp is defined under the 2018 Farm Bill to inchude any cannabis plant, or derivative thereof, that contains not more than 03 percent dlla9 {etraydrocannabinol (*THC") on a dry-weight basis. After the Department of Agriculture (“USDA” or “Department” publishes regulations implementing the hemp production provisions of the 2018 Farm Bill cniained in subtitle Gof the Agricultural Marketing Act of 1946 (‘AMA’), States and Indian tbes may not prohibit the interstate transportation or shipment of hemp lawfully produced under a State ‘or Tribal plan or under license issued under the Departmental plan States and Indian tribes may not prohibit the interstate transportation or shipment of hemp lnwflly rode nedeethe Agrcultral Act af 2014 (*2014 Parm Bil?) ‘A person with a State or Feral felony conviction relating to a eontvolled substnce is subject toa 10-year ineligibility restition on producing hemp under subtitle G ofthe ‘AMA. An exception applies tou person who was lnwflly growing hemp under the 2014 Fum Bill before Desemtber 20, 2018, and whose conviction also occured befor that date,