Page:2021 North Dakota Session Laws.pdf/243

Agriculture CHAPTER 62

HOUSE BILL NO. 1045

(Agriculture Committee)

(At the request of the Agriculture Commissioner)

AN ACT to create and enact three new sections to chapter 4.1-18.1 of the North Dakota Century Code, relating to prohibited acts and the commissioner's authority to charge fees for industrial hemp testing and to set the tetrahydrocannabinol concentration level; to amend and reenact section 4.1-18.1-01 and subsection 1 of section 4.1-18.1-05 of the North Dakota Century Code, relating to industrial hemp; and to declare an emergency.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 4.1-18.1-01 of the North Dakota Century Code is amended and reenacted as follows:

4.1-18.1-01. Hemp (cannabis sativa L.)Definitions.

1. "Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9total tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basisin an amount determined by the commissioner. The term does not include any commodity or product using hemp which exceeds the allowable amount of total tetrahydrocannabinol determined by the commissioner.

2. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including:

a. Delta-7 tetrahydrocannabinol;

b. Delta-8 tetrahydrocannabinol; and

c. Delta-10 tetrahydrocannabinol.

3. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol.

SECTION 2. A new section to chapter 4.1-18.1 of the North Dakota Century Code is created and enacted as follows:

Commissioner - Authority - Tetrahydrocannabinol concentration.

The commissioner shall determine the total tetrahydrocannabinol concentration under this chapter up to an amount not to exceed the federal Agriculture Improvement Act of 2018 [Pub. L. 115-334; 132 Stat. 4490] and federal domestic hemp production program regulations under title 7, Code of Federal Regulations, part 990.