Bill Description: House Bill 772 would clarify the standards under which hemp producers are deemed to have committed a negligent violation.
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Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?
Hemp production in Idaho is tightly regulated by statutes, rules, and the state hemp plan. Under IDAPA 02.01.07, the “Acceptable Hemp THC Level” is 0.3% on a dry-weight basis. “Production of hemp exceeding the acceptable THC level” is deemed a “negligent act” under these rules, and (among other penalties), “a person or entity with three (3) negligent violations in a five (5) year period is ineligible to produce hemp for a period of five (5) years from the date of the third violation.”
One of the problems with this standard is that THC levels can vary due to many factors, including genetics, weather, or testing variability, especially at the very low levels required by these rules.
House Bill 772 would amend Section 22-1705, Idaho Code, which deals with the “production, processing, transportation, and research of industrial hemp.” The bill would add a subsection that says, “Hemp producers do not commit a negligent violation if the hemp is produced for the sole purpose of producing grain or fiber; the hemp producer has made reasonable efforts to grow hemp within the acceptable hemp THC level, as defined by rule, and in accordance with Idaho statutes, rules, and the state hemp plan; and the hemp does not have a total THC, as defined by rule, concentration of more than one percent (1%) on a dry weight basis.”
This change wouldn’t change the allowable THC level — crops over 0.3% must still be disposed of or remediated — but it would avoid the ‘strike’ against a producer that could lead to losing their ability to produce at all for five years.
It should be noted that intentionally exceeding the 0.3% level is not defined as a “negligent act” by rule, and exceeding this limit with “a culpable mental state greater than negligence” results in immediate revocation of a hemp license.
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