Senate Bill No. 447
(By Senator Facemyer and Bailey)
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[Introduced January 30, 2002; referred to the Committee
on Agriculture; and then to the Committee on the Judiciary.]
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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.