Defense for possession of hemp

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  • (a) It is a defense to criminal charges to the possession or cultivation of hemp if:

    • (1) The defendant was growing industrial hemp pursuant to the provisions of this subchapter;

    • (2) The defendant has a valid, applicable, controlled substances registration from the United States Department of Justice, Drug Enforcement Administration; and

    • (3) The defendant has fully complied with all of the conditions of the controlled substances registration.

  • (b) This section is not a defense to a charge of criminal sale or distribution of cannabis that does not meet the definition of industrial hemp.


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