Delaware General Assembly


CHAPTER 369

FORMERLY

HOUSE BILL NO. 385

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO INDUSTRIAL HEMP.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section1. Amend Title 3 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

Chapter 103. INDUSTRIAL HEMP

§10300 Short title.

This Act shall be known and may be cited as the “Industrial Hemp Research Act.”

§10301 Definitions.

For purposes of this chapter:

(1) “Industrial hemp” means the plan Cannabis sativa L. and any part of such plan, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(2) “Department” means the Department of Agriculture.

§10302 Industrial hemp – Agricultural academic research.

(a) Notwithstanding any law or regulation to the contrary, the Department may grow or cultivate industrial hemp for the purpose of agricultural or academic research.

(b) The Department is authorized to certify any higher education institution in Delaware to grow or cultivate industrial hemp for the purpose of agricultural or academic research where such higher education institution submits the following to the Department:

(1) The location where the higher education institution intends to grow or cultivate industrial hemp;

(2) The higher education institution’s research plan; and

(3) The name of an employee of the higher education institution that will supervise the industrial hemp growth, cultivation, and research.

(c) The Department shall maintain a list of each higher education institution certified to grow or cultivate industrial hemp under this chapter.

Section 2. The Department of Agriculture shall promulgate such rules, regulations, and standards as are necessary to further the objectives and provisions of this chapter.

Approved July 29, 2014

*Please Note: Due a numbering conflict this chapter will be moved to Chapter 28 of Title 3.