CHAPTER 4-41
INDUSTRIAL HEMP
4-41-01. Industrial hemp (cannabis sativa l.) - Oilseed. Industrial hemp (cannabis
sativa l.), having no more than three-tenths of one percent tetrahydrocannabinol, is recognized<br>as an oilseed. Upon meeting the requirements of section 4-41-02, any person in this state may<br>plant, grow, harvest, possess, process, sell, and buy industrial hemp (cannabis sativa l.) having<br>no more than three-tenths of one percent tetrahydrocannabinol.
4-41-02.
Industrial hemp - Licensure - Reporting requirements - Continuing
appropriation.
1.
Any person desiring to grow or process industrial hemp for commercial purposes or<br>research shall apply to the agriculture commissioner for a license on a form<br>prescribed by the commissioner.
The application for a license must include the
name and address of the applicant and the legal description of the land area to be<br>used to produce or process industrial hemp. Except for employees of the state seed<br>department, the agricultural experiment station, or the North Dakota state university<br>extension service involved in research and extension-related activities, the<br>commissioner shall require each applicant for initial licensure to submit to a<br>statewide and nationwide criminal history check. The nationwide criminal history<br>check must be conducted in the manner provided in section 12-60-24. All costs<br>associated with the background check are the responsibility of the applicant.<br>Criminal history records provided to the commissioner under this section are<br>confidential.
The commissioner may use the records only in determining an
applicant's eligibility for licensure. Any person with a prior criminal conviction is not<br>eligible for licensure. If the applicant has completed the application process to the<br>satisfaction of the commissioner, the commissioner shall issue the license, which is<br>valid for a period of one year. Any person licensed under this section is presumed to<br>be growing or processing industrial hemp for commercial purposes or research. A<br>license required by this section is not conditioned on or subject to review or approval<br>by the United States drug enforcement agency. This subsection does not apply to<br>any person licensed by the United States drug enforcement agency to conduct<br>research.
2.
Each licensee must file with the commissioner documentation indicating that the<br>seeds planted were of a type and variety certified to have no more than three-tenths<br>of one percent tetrahydrocannabinol and a copy of any contract to grow industrial<br>hemp. Each licensee shall notify the commissioner of the sale or distribution of any<br>industrial hemp grown by the licensee, and the names of the persons to whom the<br>hemp was sold or distributed.
3.
The commissioner shall adopt rules to allow the industrial hemp to be tested during<br>growth for tetrahydrocannabinol levels and to allow for supervision of the industrial<br>hemp during its growing, harvesting, and processing. To provide sufficient funds to<br>pay costs associated with monitoring and testing industrial hemp in the state, the<br>commissioner shall assess each applicant a fee of five dollars per acre.
The
minimum fee assessed must be one hundred fifty dollars per applicant. Collections<br>from this fee must be deposited in the commissioner's operating fund and are<br>appropriated to the commissioner to be used to enforce this chapter.
4-41-03. Industrial hemp seed - Authority to import and sell. North Dakota state
university and any other person licensed under this chapter may import and resell industrial<br>hemp seed that has been certified as having no more than three-tenths of one percent<br>tetrahydrocannabinol.
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chapter 4-41 industrial hemp
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