HCS/SCS/SB 79 - This substitute is known as the "Industrial Hemp Research Act of 1997".

Authority to license the growing, manufacture and regeneration of industrial hemp is vested in the Director of the Department of Agriculture. Until further action by the general assembly extending the Director's authority, only persons or entities engaged in research at University of Missouri agricultural experiment stations or other state-supported higher education institutions would be eligible for licensure.

Any person who has been convicted of any felony or any drug related misdemeanor is ineligible for licensure.

The Director would be given authority to enter into cooperative agreements with other agencies, both state and federal, for implementation and enforcement of the act. A mandatory requirement is included for a cooperative agreement between the department and public safety.

Any hemp related activity outside the scope of licensure subjects the violator to prosecution under Chapter 195, RSMo, and industrial hemp is specifically exempted from the sections relating to the control of marijuana.

Section 195.202, RSMo, is amended to place the burden on the defendant in a criminal case to prove that the substance at issue is industrial hemp and not a controlled substance.

Industrial hemp is defined as "Cannabis sativa L. containing no greater than one percent tetrahydrocannabinols (THC) and growing under license".

DENISE GARNIER