An Act To Allow Experimentation in the Cultivation of Industrial Hemp
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1101, sub-§22 is enacted to read:
22. "Industrial hemp" means any variety of Cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis and that is grown under a federal permit in compliance with the conditions of that permit.
Sec. 2. 17-A MRSA §1103, sub-§7 is enacted to read:
7. It is an affirmative defense to prosecution under this section that the substance trafficked in is industrial hemp.
Sec. 3. 17-A MRSA §1105-A, sub-§3 is enacted to read:
3. It is an affirmative defense to prosecution under this section that the substance trafficked in is industrial hemp.
Sec. 4. 17-A MRSA §1105-C, sub-§3 is enacted to read:
3. It is an affirmative defense to prosecution under this section that the substance furnished is industrial hemp.
Sec. 5. 17-A MRSA §1105-D, sub-§3 is enacted to read:
3. It is an affirmative defense to prosecution under this section that the substance cultivated or grown is industrial hemp.
Sec. 6. 17-A MRSA §1106, sub-§6 is enacted to read:
6. It is an affirmative defense to prosecution under this section that the substance furnished is industrial hemp.
Sec. 7. 17-A MRSA §1107-A, sub-§3 is enacted to read:
3. It is an affirmative defense to prosecution under this section that the substance possessed is industrial hemp.
Sec. 8. 17-A MRSA §1111-A, sub-§10 is enacted to read:
10. It is an affirmative defense to prosecution under this section that the drug paraphernalia used or possessed is used or possessed for the propagation, cultivation or processing of industrial hemp.
Sec. 9. 17-A MRSA §1117, sub-§3 is enacted to read:
3. It is an affirmative defense to prosecution under this section that the substance cultivated or grown is industrial hemp.
Sec. 10. Authorization for Maine Agricultural Experiment Station to study cultivation of industrial hemp. The Director of the Maine Agricultural Experiment Station may develop a study to explore the feasibility and desirability of industrial hemp production in this State. The study may include an analysis of required soils and growing conditions, seed availability and varieties, including in-the-ground seed variety trials, harvest methods, market economies and environmental benefits. Prior to undertaking a study and prior to importing any nonsterilized industrial hemp seeds capable of germination into the State, the director, in consultation with the Commissioner of Agriculture, Food and Rural Resources, shall obtain all federal permits needed to legally grow industrial hemp for fiber or seed production.
Effective September 13, 2003, unless otherwise indicated.
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