CHAPTER 61
An Act to amend and reenact §§3.2-4113 and 3.2-4117 of the
Code of Virginia, relating to the production of industrial hemp.
[S 691]
Approved February 29, 2016
Be it enacted by the General Assembly of Virginia:
1. That §§3.2-4113 and 3.2-4117 of the Code of Virginia are
amended and reenacted as follows:
§3.2-4113. Production of industrial hemp lawful.
A. It is lawful for a person licensed pursuant to §3.2-4115
or 3.2-4117 to cultivate, produce, or otherwise grow industrial hemp in the
Commonwealth for the any lawful purpose of research as part of
the industrial hemp research program, including the manufacture of
industrial hemp products or scientific, agricultural, or other research related
to other lawful applications for industrial hemp. No person licensed
pursuant to §3.2-4115 or 3.2-4117 shall be prosecuted under §18.2-247,
18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, or 18.2-250.1 for (i) the
possession or, cultivation of industrial hemp plant material
or seeds as part of the industrial hemp research program or (ii) the, or
manufacture of industrial hemp plant material and seeds or industrial
hemp products as part of the industrial hemp research program. In any
complaint, information, or indictment, and in any action or proceeding brought
for the enforcement of any provision of Article 1 (§18.2-247 et seq.) of
Chapter 7 of Title 18.2 or the Drug Control Act, Chapter 34 (§54.1-3400
et seq.) of Title 54.1, it shall not be necessary to negate any
exception, excuse, proviso, or exemption contained in this chapter or the Drug
Control Act, and the burden of proof of any such exception, excuse, proviso, or
exemption shall be on the defendant.
B. Nothing in this chapter shall be construed to authorize any
person to violate any federal law or regulation. If any part of this chapter
conflicts with a provision of federal law relating to industrial hemp that has
been adopted in Virginia under this chapter, the federal provision shall
control to the extent of the conflict.
C. No person shall be prosecuted under §18.2-247, 18.2-248,
18.2-248.01, 18.2-248.1, 18.2-250, or 18.2-250.1 for the involuntary growth of
industrial hemp through the inadvertent natural spread of seeds or pollen as a
result of proximity to a licensed grower or a grower licensed pursuant to §
3.2-4117.
§3.2-4117. Additional industrial hemp licenses.
A. The Board may adopt regulations as necessary to license
persons to grow industrial hemp in the Commonwealth for any lawful purpose.
B. The Notwithstanding the provisions of §§3.2-4115
and 3.2-4116, the Commissioner may shall establish a program
of licensure and renewal, including the establishment of any fees not
to exceed $250, to allow a person to grow industrial hemp in the
Commonwealth for any lawful purpose. Valid applications shall be
granted licensure within 90 days of receipt of the application. The
Commissioner shall accept license applications throughout the year. Licenses
shall be valid for four years from the date of the issuance of the license.
C. Subsections A and B shall only be allowed subject to the
authorization of industrial hemp growth and production in the United States
under applicable federal laws relating to industrial hemp.
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