Hemp Safety Enforcement Act

This Act may be cited as the Hemp Safety Enforcement Act.
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:
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).
Section 297B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p) is amended—
in subsection (a)—
in paragraph (1), by striking A State and inserting Except as provided in paragraph (3)(A), a State; and
in paragraph (3)—
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;
by inserting before subparagraph (B) (as so redesignated) the following:
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.
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.
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).
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).
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.
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
in subsection (f)(1), by striking if the production and inserting the following: “if—
the State or Indian tribe is not subject to this subtitle pursuant to subsection (a)(3)(A); or
the production
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.
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).