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Enrolled Version - Final Version Senate Bill 475 History

OTHER VERSIONS  -  Committee Substitute (1)  |  Introduced Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2018 regular session

Enrolled

Committee Substitute

for

Senate Bill 475

Senators Woelfel, Baldwin, and Beach, original sponsors

[Passed March 7, 2018; in effect 90 days from passage]

 

 

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-16-3a, relating generally to industrial hemp; authorizing the Commissioner of Agriculture to create and administer an industrial hemp seed certification program; authorizing the commissioner to obtain and develop seed varieties for industrial hemp production; permitting holders of an industrial hemp license to obtain a license for the development of industrial hemp varieties for certification; authorizing imposition of a fee to be determined by the commissioner; authorizing emergency rulemaking and requiring legislative rulemaking; and requiring the program be consistent with state and federal law.

Be it enacted by the Legislature of West Virginia:


ARTICLE 16. WEST VIRGINIA SEED LAW.


§19-16-3a. Industrial hemp seed certification program; requirements; fees; rulemaking.


(a) The commissioner may create and administer an industrial hemp seed certification program to obtain and develop varieties of seeds which meet the purposes and provisions of §19-12E-1 et seq. of this code.  The program shall be consistent with this article and applicable federal law.  This program may include West Virginia landrace cannabis seed varieties.  For the purposes of this article, “West Virginia landrace cannabis seed” means seed from the plant cannabis sativa that possesses characteristics of a unique and specialized cannabis seed variety that is present in West Virginia or has been recognized as produced in West Virginia.

(b) Persons or entities, licensed pursuant to §19-12E-1 et seq. of this code, may obtain a license for the development of industrial hemp varieties for certification.  The commissioner may assess a fee, consistent with the provisions of §19-12E-7 of this code, to operate and administer the seed certification program.  The fees shall be deposited in the Agricultural Fees Fund established by §19-1-4c of this code.

(c) The commissioner may promulgate emergency rules and shall propose rules for legislative approval pursuant to §29A-3-1 et seq. of this code for the purpose of implementing the provisions of this section.

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