S 4315
Hemp Safety Enforcement Act
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Bill overview
The Hemp Safety Enforcement Act amends the Agricultural Marketing Act of 1946 to allow states and tribal governments to maintain their existing hemp regulations. It clarifies that states and tribes can opt out of federal oversight regarding hemp production and sales, provided they establish a minimum age requirement for cannabinoid products. The bill also addresses interstate commerce involving these states and tribes, ensuring compliance with both jurisdictions’ laws. Finally, it clarifies that the Department of Agriculture’s plan requirements do not apply to states or tribes that have opted out of federal oversight.
Key provisions
- Allows states and tribes to opt out of federal hemp regulations under certain conditions.
- Requires states and tribes opting out to establish a minimum age for cannabinoid product purchases.
- Addresses interstate commerce rules when a state or tribe is not subject to federal oversight.
- Clarifies that the Department of Agriculture’s plan requirements do not apply to opting-out states and tribes.
- Defines ‘hemp’ and ‘hemp-derived cannabinoid product’ to include related terms as defined in state or tribal law.
- Specifies that states and tribes must comply with the exclusion from the definition in subparagraph (C)(iv)(I).
Who is affected
- State governments
- Tribal governments
- Hemp producers
- Cannabis industry businesses
- Consumers of hemp products
Notable changes
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Primary sponsor
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119th CONGRESS — 2d Session
S. 4315
IN THE SENATE OF THE UNITED STATES
A BILL
To amend the Agricultural Marketing Act of 1946 to maintain certain State and Tribal laws relating to hemp, and for other purposes.
This Act may be cited as the Hemp Safety Enforcement Act
.
Section 297A(1) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o(1)) (as amended by section 781 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (7 U.S.C. 1639o note; Public Law 119–37)), is amended by adding at the end the following:
Notwithstanding any other provision of this paragraph, with respect to a State or Indian tribe that submits a notice under section 297B(a)(3)(A)(i), the terms hemp and hemp-derived cannabinoid product have the meanings given those terms, or to related terms concerning the plant Cannabis sativa L. and products derived therefrom, in State or Tribal law, except that the State or Indian tribe shall comply with the exclusion from the definition in subparagraph (C)(iv)(I).
Section 297B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p) is amended—
A Stateand inserting
Except as provided in paragraph (3)(A), a State; and
in paragraph (3)—
by inserting before subparagraph (B) (as so redesignated) the following:
No State or Indian tribe shall prohibit the interstate commerce of hemp or hemp-derived cannabinoid products to or from a State or territory of an Indian tribe that is not subject to this subtitle pursuant to clause (ii).
In the case of the interstate commerce of hemp or hemp-derived cannabinoid products between 2 States, between the territories of 2 Indian tribes, or between a State and the territory of an Indian tribe that are not subject to this subtitle pursuant to clause (ii), the hemp or hemp-derived cannabinoid products shall be required to comply with the laws (including regulations) of both States, both Indian tribes, or the State and the Indian tribe, as applicable.
in subparagraph (B) (as so redesignated), by striking that—
in the matter preceding clause (i) and all that follows through the period at the end of clause (ii) and inserting that regulates the production of hemp.
; and
in subsection (f)(1), by striking if the production
and inserting the following: “if—
the production
Section 297C of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639q) is amended, in subsections (a)(1) and (c)(1), by striking In the case
each place it appears and inserting Except as provided in section 297B(a)(3)(A), in the case
.
The amendments made by this section shall take effect on the effective date of the amendments made by section 781 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (7 U.S.C. 1639o note; Public Law 119–37).