House Bill 3011 History
H. B. 3011
(By Delegates Manypenny, Walker, Swartzmiller,
Canterbury and Ambler)
[Introduced March 20, 2013; referred to the
Committee on Agriculture then the Judiciary.]
A BILL to amend and reenact §19-12E-5 of the Code of West Virginia,
1931, as amended, relating to removing the provision that
requires an applicant to meet federal requirements concerning
the production, distribution and sale of industrial hemp prior
to being licensed to grow hemp for industrial purposes in the
Be it enacted by the Legislature of West Virginia:
That §19-12E-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12E. INDUSTRIAL HEMP DEVELOPMENT ACT.
§19-12E-5. Industrial hemp - licensing.
(a) A person growing industrial hemp for commercial purposes
shall apply to the commissioner for license on a form prescribed by
(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) Prior to issuing a license under the provisions of this
article, the commissioner shall determine that the applicant has
complied with all applicable requirements of the United States
department of justice, drug enforcement administration for the
production, distribution and sale of industrial hemp.
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.
NOTE: The purpose of this bill is to remove the provision that
requires an applicant to meet federal requirements concerning the
production, distribution and sale of industrial hemp prior to being
licensed to grow hemp for industrial purposes in the state.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would