TITLE 3

Agriculture

Regulatory Provisions

CHAPTER 28. Industrial Hemp

§ 2800. Short title.

This act shall be known and may be cited as the “Industrial Hemp Research Act.”

79 Del. Laws, c. 369, §  1

§ 2801. Definitions.

For purposes of this chapter:

(1) “Department” means the Department of Agriculture.

(2) “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.

79 Del. Laws, c. 369, §  1

§ 2802. Industrial hemp — Agricultural academic research.

(a) Notwithstanding any law or regulation to the contrary, the Department may grow or cultivate industrial hemp for the purpose of agricultural or academic research.

(b) The Department is authorized to certify any higher education institution in Delaware to grow or cultivate industrial hemp for the purpose of agricultural or academic research where such higher education institution submits the following to the Department:

(1) The location where the higher education institution intends to grow or cultivate industrial hemp;

(2) The higher education institution’s research plan; and

(3) The name of an employee of the higher education institution that will supervise the industrial hemp growth, cultivation, and research.

(c) The Department shall maintain a list of each higher education institution certified to grow or cultivate industrial hemp under this chapter.

79 Del. Laws, c. 369, §  1

§ 2803. Fees.

The Department may assess fees for participation in the Delaware hemp program under this chapter in the amounts set by regulations promulgated pursuant to the §  101 of this title. All such fees assessed by the Department shall be nonrefundable. The total amount of fees collected under this section shall approximate and reasonably reflect all costs necessary to defray the expenses of the Department in implementing this chapter.

82 Del. Laws, c. 127, § 1