Introduced Version Senate Bill 447 History

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Key: Green = existing Code. Red = new code to be enacted

Senate Bill No. 447

(By Senator Facemyer and Bailey)


[Introduced January 30, 2002; referred to the Committee

on Agriculture; and then to the Committee on the Judiciary.]


A BILL to amend chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twelve-e, relating to legalizing the growth of industrial hemp.

Be it enacted by the Legislature of West Virginia:
That chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article twelve-e, to read as follows:
ARTICLE 12E. Industrial Hemp Development Act.
§ 19-12E-1. Short title.
This article is known as the "Industrial Hemp Development Act."
§ 19-12E-2. Purpose.
The Legislature finds that the development and use of industrial hemp is in the best interests of the state economy and agriculture and that the production of industrial hemp can be regulated so as not to interfere with the strict regulation of controlled substances in this state. The purpose of the Industrial Hemp Development Act is to promote the economy, agriculture, public safety, health and welfare by permitting the development of an industrial hemp industry while maintaining strict control of marijuana.
§ 19-12E-3. Definitions.
The following words mean:
(a) "Commissioner" means the commissioner of agriculture.
(b) "Grower" means any person licensed to produce industrial hemp.
(c) "Industrial hemp" means (Cannabis Sativa L.) growing for commercial use under license.
§ 19-12E-4. Growing and maintenance of industrial hemp for commercial use.

(a) The growing and maintenance of hemp (Cannabis Sativa L,) is permitted only for commercial uses. Commercial uses of hemp include the manufacture of rope, sacks, food, oil, baby care, household uses, cloth, paper, carpet, synthetics, fuel and other sisal hemp products and other noninjurious commercial products, including the manufacture of batts, yarns, paper, composite materials, thread, cordage, merchandise, cloth and other products as may be made from the fiber or sterilized seed that have been or may be developed.
(b) The commissioner shall license and authorize the growing of industrial hemp when the derivatives thereof are to be used solely for commercial uses.
§ 19-12E-5. Licensing.
(a) Any person desiring to grow industrial hemp for commercial uses shall file an application for a license on a form prescribed by the commissioner that includes the description and area of land intended to be used for growing hemp;
(b) The commissioner shall issue a license to the applicant for the growing of industrial hemp for commercial uses; and
(c) Any person to whom a license for commercial growing of industrial hemp (Cannabis Sativa L,) is issued shall annually notify the commissioner of the sale or distribution of the industrial hemp and the names of the persons to whom the industrial hemp is sold or distributed.
§ 19-12E-6. Penalty.
Notwithstanding any other provision of this code, any person who is licensed to grow industrial hemp and abides by the above article does not violate any other provisions of this code. Any person violating any section of this act shall be charged pursuant to the controlled substances act or any other applicable provision of this code.
NOTE: The purpose of this bill is to legalize the growing of industrial hemp for commercial purposes only by establishing the Industrial Hemp Development Act.

This article is new; therefore, strike-throughs and underscoring have been omitted.

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