2016 North Dakota Century Code Title 4 Agriculture Chapter 4-41 Industrial Hemp
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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 as an oilseed. Upon meeting the requirements of
section 4-41-02, any person in this state may plant, grow, harvest, possess, process, sell, and
buy industrial hemp (cannabis sativa l.) having 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
research shall apply to the agriculture commissioner for a license on a form prescribed
by the commissioner.
a. 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 to produce or process
industrial hemp.
b. Except for employees of the state seed department, the agricultural experiment
station, or the North Dakota state university extension service involved in
research and extension-related activities, the commissioner shall require each
applicant for initial licensure to submit to a statewide and nationwide criminal
history record check. The nationwide criminal history record check must be
conducted in the manner provided in section 12-60-24. All costs associated with
the criminal history record check are the responsibility of the applicant.
c. Criminal history records provided to the commissioner under this section are
confidential. The commissioner may use the records only in determining an
applicant's eligibility for licensure.
d. Any person with a prior criminal conviction may be denied licensure.
e. If the applicant has completed the application process to the satisfaction of the
commissioner, the commissioner shall issue the license, which is valid for a
period of one year.
f. Any person licensed under this section is presumed to be growing or processing
industrial hemp for commercial purposes or research.
g. A license required by this section is not conditioned on or subject to review or
approval by the United States drug enforcement agency.
h. This subsection does not apply to any person licensed by the United States drug
enforcement agency to conduct research.
i. An application for a license under this subsection may be filed with the
commissioner at any time.
2. a. Each licensee must file with the commissioner documentation indicating that the
seeds planted were of a type and variety certified to have no more than
three-tenths of one percent tetrahydrocannabinol and a copy of any contract to
grow industrial hemp.
b. Each licensee shall notify the commissioner of the sale or distribution of any
industrial hemp grown by the licensee, and the names of the persons to whom
the hemp was sold or distributed.
3. The commissioner shall adopt rules to allow the industrial hemp to be tested during
growth for tetrahydrocannabinol levels and to allow for supervision of the industrial
hemp during its growing, harvesting, and processing.
4. To provide sufficient funds to pay costs associated with monitoring and testing
industrial hemp in the state, the 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 from this fee must be deposited in the commissioner's operating
fund and are appropriated to the commissioner to be used to enforce this chapter.
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4-41-03. Industrial hemp seed - Authorized activity - Research.
The agriculture commissioner, North Dakota state university, and any other person licensed
under this chapter may import, resell, and plant industrial hemp seed, cultivate the growing
plant, and harvest any resulting crop, for any legally permissible purpose, including an
authorized pilot program or other agricultural research involving the planting, cultivating, or
marketing of industrial hemp.
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