WEST virginia legislature

2019 regular session

Introduced

Senate Bill 126

By Senators Trump and Boso

[Introduced January 9, 2019; Referred
to the Committee on Natural Resources; and then to the Committee on the Judiciary]

A BILL to amend and reenact §19-12E-5 of the Code of West Virginia, 1931, as amended, relating to requiring industrial hemp grower licensees to file a copy of that license with the sheriff of the county where the hemp is to be grown and the local detachment of the West Virginia State Police; and providing that failure to do so renders the license null and void.

Be it enacted by the Legislature of West Virginia:

(a) A person growing industrial hemp for commercial purposes shall apply to the commissioner for license on a form prescribed by the commissioner.

(b) The application for a license must include the name and address of the applicant and the legal description of the land area to be used for the production of industrial hemp.

(c) The commissioner shall require each first-time applicant for a license to file a set of the applicant's fingerprints, taken by a law-enforcement officer, and any other information necessary to complete a statewide and nationwide criminal history check with the criminal investigation bureau of the department of justice for state processing and with the Federal Bureau of Investigation for federal processing. All of the costs associated with the criminal history check are the responsibility of the applicant. Criminal history records provided to the department under this section are confidential. The commissioner may use the records only to determine if an applicant is eligible to receive a license for the production of industrial hemp.

(d) If the applicant has completed the application process to the satisfaction of the commissioner, the commissioner shall issue the license which is valid until December 31, of the year of application. An individual licensed under this section is presumed to be growing industrial hemp for commercial purposes.

(e) Notwithstanding any provision of this article, rule or the provisions of chapter 60A of this code to the contrary, the Commissioner of Agriculture may license qualified persons and state institutions of higher learning to lawfully grow or cultivate industrial hemp in this state, but institutions of higher learning may only lawfully grow industrial hemp for research and educational purposes.

(f) Within 60 days of being issued a license, the licensee shall file a copy of that license with the sheriff of the county where the hemp is to be grown and the local detachment of the West Virginia State Police. Failure to do so renders the license null and void.

NOTE: The purpose of this bill is to require industrial hemp grower licensees to file a copy of that license with the sheriff of the county where the hemp is to be grown and the local detachment of the West Virginia State Police. The bill provides that failure to do so renders the license null and void.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.