Amendment ID: S2090-21

Amendment 21

Industrial Hemp

Ms. Gobi and Mr. Moore move to amend the bill in section 20, by striking, in line 337, the number “7” and inserting in place thereof the number :- “10”;

and further, in said section, by striking out, in line 384, the words “records related to sections 116 to 121, inclusive ,” and inserting in place thereof the following words:- “documents  included in an application for licensure submitted under subsection (e) of section 118”;

and further, in said section, by inserting at the end thereof the following 3 sections:-

“Section 122. There shall be established and set up on the books of the Commonwealth a fund to be known as the Industrial Hemp Fund, hereinafter the fund. The fund shall be credited with any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto, the proceeds of application fees for licenses issued under section118, and such additional funds as are subject to the direction and control of the department of agricultural resources including, without limitation, all revenue received as civil administrative fines under section 124, gifts, grants, and donations from public and private sources, and any interest earned from the fund. Expenditures from the fund shall be subject to appropriation; provided, however, that the operations annual operational cost of the department as relating to industrial hemp regulation shall be funded by the fund. Any unexpended balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.

Section 123. The department shall have the authority to inspect and have access to all equipment, supplies, papers, books, records, real and personal property, and any other information deemed necessary, from any person participating in or suspected to be participating in  the planting, growing, harvesting, possessing, processing, purchasing, selling, or researching  of hemp, industrial hemp, or hemp products. The department may establish an inspection and testing program to determine delta-9 tetrahydrocannabinol levels and ensure compliance with the limits on delta-9 tetrahydrocannabinol concentration.

Section 124. The department may establish civil administrative fines for violations of sections 116 through 121, inclusive, or regulations promulgated thereunder. A person aggrieved by the assessment of a fine under this section or a licensure action under section 120  may appeal that fine by filing a notice of appeal with the department within 21 days of the receipt of the notice of the fine or licensure action. The adjudicatory hearing shall be conducted in accordance with chapter 30A.”.