S. 4315

119 S4315 IS: Hemp Safety Enforcement Act
 U.S. Senate
 2026-04-16
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4315  IN THE SENATE OF THE UNITED STATES   April 16 (legislative day, April 14), 2026   Mr. Paul  (for himself,  Ms. Klobuchar , and  Ms. Ernst ) introduced the following bill; which was read twice and referred to the  Committee on Agriculture, Nutrition, and Forestry    A BILL
To amend the Agricultural Marketing Act of 1946 to maintain certain State and Tribal laws relating to hemp, and for other purposes.
1.
Short title
This Act may be cited as the   Hemp Safety Enforcement Act  .
2.
Hemp production
(a)
Definition of hemp
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:
(D)
Maintenance of State and Tribal laws
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).
 .
(b)
Self-Regulation by States and Indian tribes
Section 297B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639p ) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1), by striking  A State  and inserting  Except as provided in paragraph (3)(A), a State ; and
(B)
in paragraph (3)—
(i)
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;
(ii)
by inserting before subparagraph (B) (as so redesignated) the following:
(A)
Self-regulation by States and Indian tribes
(i)
In general
In lieu of submitting a plan under paragraph (1), a State or Indian tribe desiring to have primary regulatory authority over the production of hemp and hemp-derived cannabinoid products in the State or territory of the Indian tribe may submit to the Secretary, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, a notice that the State or Indian tribe elects not to be subject to this subtitle.
(ii)
Requirement for effect
On submission of a notice under clause (i) by a State or Indian tribe, the State or Indian tribe shall not be subject to this subtitle, subject to the condition that the State or Indian tribe shall implement a minimum age requirement for the purchase of hemp-derived cannabinoid products.
(iii)
Interstate
  commerce
(I)
Rule of construction
Nothing in this subtitle prohibits 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).
(II)
Transportation
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).
(III)
Between certain States and Indian
  tribes
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.
  ; and
(iii)
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
(2)
in subsection (f)(1), by striking  if the production  and inserting the following: “if—
(A)
the State or Indian tribe is not subject to this subtitle pursuant to subsection (a)(3)(A); or
(B)
the production
  .
(c)
Exemption from Department of Agriculture plan
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 .
(d)
Effective date
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 ).