SENATE CONCURRENT RESOLUTION 29

(By Senator Sypolt)

[Introduced February 7, 2020]

Requesting the United States Drug Enforcement Administration and the United States Department of Agriculture to consider promulgating regulations authorizing a state that has been granted primary regulatory authority over the production of hemp in the state to take custody of cannabis plants to lower the tetrahydrocannabinol concentration of processed hemp.

Whereas, The Legislature is requesting the United States Drug Enforcement Administration and the United States Department of Agriculture to consider promulgating regulations authorizing a state that has been granted primary regulatory authority over the production of hemp in the state to take custody of cannabis sativa L. plants having a delta-9 tetrahydrocannabinol concentration on a dry weight basis which exceeds 0.3 percent but is less than 1.0 percent, for the purpose of applying technology and techniques to lower the tetrahydrocannabinol concentration of processed hemp to 0.3 percent or less; and

Whereas, Hemp is defined as the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis; and

Whereas, A cannabis sativa L. plant having a THC concentration of more than 0.3 percent constitutes marijuana, a Schedule I controlled substance, and is subject to enforcement by the United States Drug Enforcement Administration; and

Whereas, The Interim Final Rule entitled, “Establishment of a Domestic Hemp Production Program”, promulgated by the Agricultural Marketing Service of the United States Department of Agriculture on October 31, 2019, requires disposal of cannabis sativa L. plants having a THC concentration of greater than 0.3 percent, and does not expressly provide for remediation of such plants to lower the THC concentration of processed hemp to 0.3 percent or less; and

Whereas, The West Virginia Department of Agriculture is required to comply with federal requirements and restrictions pertaining to hemp and has sought primary regulatory authority over the production of hemp in this state; and

Whereas, There exists technology and techniques capable of lowering THC concentration of processed hemp to 0.3 percent or less; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the United States Drug Enforcement Administration and the United States Department of Agriculture to consider promulgating regulations authorizing a state that has been granted primary regulatory authority over the production of hemp in the state to take custody of cannabis plants to lower the tetrahydrocannabinol concentration of processed hemp; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the United States Drug Enforcement Administration and the United States Department of Agriculture, requesting their cooperation.