Chapter 15.120 RCW

INDUSTRIAL HEMP RESEARCH PROGRAM

Sections
Intent.
Definitions.
Industrial hempAgricultural productExclusively as part of industrial hemp research program.
Rule-making authority.
Rule-making authorityMonetary penalties, license suspension or forfeiture, other sanctionsRules to be consistent with section 7606 of federal agricultural act of 2014.
Industrial hemp research programEstablishedLicensureSeed certification programPermission/waiver from appropriate federal entity.
Application formFeeLicensureRenewalRecord of license forwarded to county sheriffPublic disclosure exemption.
Sales and transfers of industrial hemp produced for processingDepartment and state liquor and cannabis board to study feasibility and practicality of implementing legislatively authorized regulatory framework.


15.120.005
Intent.

The legislature intends to authorize the growing of industrial hemp as a legal, agricultural activity in this state as part of an agricultural pilot program in conformance with the agricultural act of 2014, 128 Stat. 912 § 7606, P.L. 113-79 (Feb. 7, 2014).



15.120.010
Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the Washington state department of agriculture.
(2) "Grower" means any person licensed to grow industrial hemp under this chapter.
(3) "Industrial hemp" means all parts and varieties of the genera Cannabis, cultivated or possessed by a grower, whether growing or not, that contain a THC concentration of 0.3 percent or less by dry weight. Industrial hemp does not include plants of the genera Cannabis that meet the definition of "marijuana" as defined in RCW 69.50.101.
(4) "Industrial hemp research program" means an agricultural pilot program to study the growth, cultivation, or marketing of industrial hemp supervised by the department.
(5) "Person" means any natural person, firm, partnership, association, private or public corporation, government entity, or other business entity.
(6) "THC concentration" means the percent of total tetrahydrocannabinol, which is the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the genera Cannabis.



15.120.020
Industrial hemp—Agricultural product—Exclusively as part of industrial hemp research program.

Except as otherwise provided in this chapter, industrial hemp is an agricultural product that may be grown, produced, possessed, processed, and exchanged in the state solely and exclusively as part of an industrial hemp research program supervised by the department. Processing any part of industrial hemp, except seed, as food, extract, oil, cake, concentrate, resin, or other preparation for topical use, oral consumption, or inhalation by humans is prohibited.



15.120.030
Rule-making authority.

(1) The department shall adopt rules pursuant to this chapter and chapter 34.05 RCW as necessary to license persons to grow hemp under an industrial hemp research program. The rules must include, but are not limited to:
(a) Fee amounts for license application, issuance, and renewal;
(b) Testing criteria and protocols for testing compliance with THC levels; and
(c) Grower qualifications. Grower qualifications include, at a minimum, that a person with a prior felony drug conviction within ten years of applying for a license not be eligible for the license. The department shall adopt by rule the persons in associations, corporations, and other business entities to be qualified under this felony drug conviction limitation.
(2) The department may adopt rules for administration of an industrial hemp research program, including the goals of the program.
(3) The department may adopt rules for administration of an industrial hemp seed certification program pursuant to chapter 15.49 RCW.
(4) All requirements in this section are subject to the availability of amounts appropriated for the specific purposes described.



15.120.035
Rule-making authority—Monetary penalties, license suspension or forfeiture, other sanctions—Rules to be consistent with section 7606 of federal agricultural act of 2014.

The department is granted the rule-making authority necessary to implement and enforce the provisions of this chapter. This includes the authority to impose monetary penalties, license suspension or forfeiture, or other sanctions for violations of statutory and regulatory requirements. The rules adopted by the department must be consistent with section 7606 of the federal agricultural act of 2014 (128 Stat. 649, 912; 7 U.S.C. Sec. 5940).
NOTES:
FindingsApplication2017 c 317: See notes following RCW 69.50.325.



15.120.040
Industrial hemp research program—Established—Licensure—Seed certification program—Permission/waiver from appropriate federal entity.

(1) The department shall establish an industrial hemp research program in which persons grow or cultivate industrial hemp for researching the feasibility and desirability of industrial hemp production in Washington. The department shall supervise the program through licensure and seed certification, but may not fund growing operations. The department may enter into interagency agreements with other public entities in connection with the program.
(2) The department shall establish a licensure program to allow persons to grow industrial hemp in the state as part of the industrial hemp research program.
(3) The department shall establish an industrial hemp seed certification program in support of the industrial hemp research program. The department's authority to implement this program incorporates the department's authority related to seed certification, inspection, fee setting, and enforcement under chapter 15.49 RCW.
(4) The programs under this chapter are subject to a grant of necessary permissions, waivers, or other form of valid legal status by the United States drug enforcement administration or other appropriate federal agency pursuant to applicable federal laws relating to industrial hemp.
(5) All requirements in this section are subject to the availability of amounts appropriated for the specific purposes described.



15.120.050
Application form—Fee—Licensure—Renewal—Record of license forwarded to county sheriff—Public disclosure exemption.

(1) Any person seeking to grow industrial hemp as part of the industrial hemp research program shall apply to the department on a form provided by the department. At a minimum, the application form must include:
(a) The name and mailing address of the applicant, including the business address of any corporate applicant and the applicant's registered agent and the agent's address;
(b) The legal description and global positioning coordinates sufficient to locate the proposed industrial hemp production fields;
(c) A signed declaration indicating whether the applicant has ever been convicted of a felony or misdemeanor;
(d) Written consent allowing the department, if a license is ultimately issued to the applicant, to enter onto the industrial hemp production fields to conduct physical inspections of industrial hemp planted and grown by the applicant, and to ensure compliance with the requirements of this chapter;
(e) Any other information required by the department; and
(f) The payment of a nonrefundable application fee, in an amount set by the department.
(2) The department may approve licenses only for those selected growers whose demonstration plots will advance the goals of the department's industrial hemp research program. The location, and the total number and acreage, of all demonstration plots to be grown by license holders must be determined at the discretion of the department.
(3) The department may use failure to comply with the law and with the conditions of the license issued by the department as grounds for revocation, suspension, or denial of future applications.
(4) Each license is valid for a period of one year from the date of issuance and may be renewed in successive years. Each annual renewal requires the payment of a license renewal fee.
(5) All moneys collected under this chapter must be deposited in an account within the agricultural local fund and used solely for carrying out this chapter. No appropriation is required for disbursement of moneys from the account by the director.
(6) A record of each license issued by the department under this section must be immediately forwarded to the sheriff of each county where the industrial hemp is licensed to be planted, grown, and/or harvested.
(7) All records, data, and information filed in support of a license application are exempt from disclosure under chapter 42.56 RCW, the public records act.
(8) All requirements in this section are subject to the availability of amounts appropriated for the specific purposes described.



15.120.060
Sales and transfers of industrial hemp produced for processing—Department and state liquor and cannabis board to study feasibility and practicality of implementing legislatively authorized regulatory framework.

The department and the state liquor and cannabis board must collaboratively study the feasibility and practicality of implementing a legislatively authorized regulatory framework allowing industrial hemp produced in accordance with the requirements of this chapter to be sold or transferred to marijuana processors, licensed under chapter 69.50 RCW, for processing into industrial hemp or marijuana products to be sold at retail for human consumption.
NOTES:
FindingsApplication2017 c 317: See notes following RCW 69.50.325.
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