S.Amdt. 3193

SA 3193. Mr. McCONNELL submitted an amendment intended to be proposed
to amendment SA 3038 submitted by Ms. Collins and intended to be
proposed to the bill H.R. 3944, making appropriations for military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2026, and for other purposes;
which was ordered to lie on the table; as follows:

In division B, after section 780, insert the following:
Sec. 781. (a)(1) Section 297A of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1639o) is amended--
(A) by redesignating paragraphs (2) and (3) through (6) as
paragraphs (3) and (5) through (8), respectively;
(B) 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.--The term `hemp' includes industrial hemp.
``(C) Exclusions.--The term `hemp' 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 Services in consultation with the Secretary)
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).
``(2) Hemp-derived cannabinoid product.--
``(A) In general.--The term `hemp-derived cannabinoid
product' means any intermediate or final product derived from
hemp (other than industrial hemp), that--
``(i) contains cannabinoids in any form; and
``(ii) is intended for human or animal use through any
means of application or administration, such as inhalation,
ingestion, or topical application.
``(B) Exclusion.--The term `hemp-derived cannabinoid
product' does not include a drug that is the subject of an
application approved under subsection (c) or (j) of section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355).''; and
(C) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Industrial hemp.--The term `industrial hemp' means
hemp--
``(A) grown for the use of the stalk of the plant, fiber
produced from such a stalk, or any other non-cannabinoid
derivative, mixture, preparation, or manufacture of such a
stalk;
``(B) grown for the use of the whole grain, oil, cake, nut,
hull, or any other noncannabinoid compound, derivative,
mixture, preparation, or manufacture of the seeds of such
plant;
``(C) grown for purposes of producing microgreens or other
edible hemp leaf products intended for human consumption that
are harvested from an immature hemp plant that is grown from
seeds that do not exceed the threshold for total
tetrahydrocannabinol concentration specified in paragraph
(1)(C)(i);
``(D) that is a plant that does not enter the stream of
commerce and is intended to support hemp research at an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)) or an
independent research institute; or
``(E) grown for the use of a viable seed of the plant
produced solely for the production or manufacture of any
material described in subparagraphs (A) through (D).''.
(2) Section 297B(e)(2)(A)(iii) of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1639p(e)(2)(A)(iii)) is
amended by striking ``delta-9 tetrahydrocannabinol
concentration of more than 0.3 percent'' and inserting
``total tetrahydrocannabinol concentration (including
tetrahydrocannabinolic acid) of more than 0.3 percent in the
plant''.
(3) The amendments made by this subsection shall take
effect on the date that is 1 year after the date of enactment
of this Act.
(b) The Commissioner of Food and Drugs and the Secretary of
Agriculture shall provide a report to the Committees on
Appropriations of both Houses of Congress within 180 days of
the date of enactment of this Act on the implementation of
this section, including--
(1) the projected impacts to the established cannabinoid
marketplace;
(2) engagement with industry stakeholders; and
(3) information about uniform packaging, labeling, testing,
and adverse event reporting requirements.

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