Linked In Post: Eric Berlin – Dentons Identifies Key Language In Sen. McConnell | How to buy Skittles Moonrock online

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He writes

Here is the key language from Sen. McConnell’s hemp proposal. Seems to add THCA to post-harvest calculations and excludes from the definition of hemp (and therefore prohibits) synthetics not naturally occurring in cannabis, conversion, and arguably marijuana seeds. Not clear what “quantifiable” means under 759(1)(C)(ii)(III).

SEC. 759. Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended—
(1) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; 7 and— (2) by striking paragraph (1) and inserting the following:
‘‘(1) HEMP.—
‘‘(A) IN GENERAL.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent in the plant on a dry weight basis.
‘‘(B) INCLUSION.—Such term includes industrial hemp.
‘‘(C) EXCLUSIONS.—Such term does not include—
‘‘(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis; or
”(ii) any hemp-derived cannabinoid products containing—
‘‘(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;
‘‘(II) cannabinoids that—
‘‘(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and
‘‘(bb) were synthesized or manufactured outside the plant; or
‘‘(III) quantifiable amounts based on substance, form, manufacture, or article (as determined by the Secretary of Health and Human Serv-21 ices in consultation with the Secretary of Agriculture) of—
‘‘(aa) tetrahydrocannabinol (including tetrahydrocannabinolic acid); or
‘‘(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as tetrahydrocannabinol (as determined by the Secretary of Health and Human Services in consultation with the Secretary Agriculture).

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