§ 5940. Legitimacy of industrial hemp research

• (a) In this section:
  • (1) The term “agricultural pilot program” means a pilot program to study the growth, cultivation, or marketing of industrial hemp—
    • (A) in States that permit the growth or cultivation of industrial hemp under the laws of the State; and
    • (B) in a manner that—
      • (i) ensures that only institutions of higher education and State departments of agriculture are used to grow or cultivate industrial hemp;
      • (ii) requires that sites used for growing or cultivating industrial hemp in a State be certified by, and registered with, the State department of agriculture; and
      • (iii) authorizes State departments of agriculture to promulgate regulations to carry out the pilot program in the States in accordance with the purposes of this section.
  • (2) The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
  • (3) The term “State” has the meaning given such term in section 1639 o of this title.
  • (4) The term “State department of agriculture” means the agency, commission, or department of a State government responsible for agriculture within the State.
• (b) Notwithstanding the Controlled Substances Act ( 21 U.S.C. 801 et seq.), chapter 81 of title 41, or any other Federal law, an institution of higher education (as defined in section 1001 of title 20 ) or a State department of agriculture may grow or cultivate industrial hemp if—
  • (1) the industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and
  • (2) the growing or cultivating of industrial hemp is allowed under the laws of the State in which such institution of higher education or State department of agriculture is located and such research occurs.
• (c)
  • (1) The Secretary shall conduct a study of agricultural pilot programs—
    • (A) to determine the economic viability of the domestic production and sale of industrial hemp; and
    • (B) that shall include a review of—
      • (i) each agricultural pilot program; and
      • (ii) any other agricultural or academic research relating to industrial hemp.
  • (2) Not later than 12 months after December 20, 2018 , the Secretary shall submit to Congress a report describing the results of the study conducted under paragraph (1).