§ 1639q. Department of Agriculture

• (a)
  • (1) In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 1639p of this title , the production of hemp in that State or the territory of that Indian tribe shall be subject to a plan established by the Secretary to monitor and regulate that production in accordance with paragraph (2).
  • (2) A plan established by the Secretary under paragraph (1) shall include—
    • (A) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;
    • (B) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
    • (C) a procedure for the effective disposal of—
      • (i) plants, whether growing or not, that are produced in violation of this subchapter; and
      • (ii) products derived from those plants;
    • (D) a procedure to comply with the enforcement procedures under subsection (c)(2);
    • (E) a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subchapter; and
    • (F) such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subchapter.
• (b) The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection (a).
• (c)
  • (1) In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 1639p of this title , it shall be unlawful to produce hemp in that State or the territory of that Indian tribe without a license issued by the Secretary under subsection (b).
  • (2) A violation of a plan established under subsection (a) shall be subject to enforcement in accordance with paragraphs (2) and (3) of section 1639p(e) of this title , except that the Secretary shall carry out that enforcement instead of a State department of agriculture or Tribal government.
  • (3) In the case of a State or Indian tribe covered by paragraph (1), the Secretary shall report the production of hemp without a license issued by the Secretary under subsection (b) to the Attorney General.
• (d)
  • (1) The Secretary shall—
    • (A) collect the information described in paragraph (2); and
    • (B) make the information collected under subparagraph (A) accessible in real time to Federal, State, territorial, and local law enforcement.
  • (2) The information collected by the Secretary under paragraph (1) shall include—
    • (A) contact information for each hemp producer in a State or the territory of an Indian tribe for which—
      • (i) a State or Tribal plan is approved under section 1639p(b) of this title ; or
      • (ii) a plan is established by the Secretary under this section;
    • (B) a legal description of the land on which hemp is grown by each hemp producer described in subparagraph (A); and
    • (C) for each hemp producer described in subparagraph (A)—
      • (i) the status of—
        • (I) a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or
        • (II) a license from the Secretary; and
      • (ii) any changes to the status.