Sec. 781. Effective 365 days after the enactment of this Act, Section 297A of the Agricultural Marketing Act of 1946 (
7 U.S.C. 1639o) is amended—
(1) by redesignating paragraphs (2) through (6) as paragraphs (4) through (

, respectively; and
(2) 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 tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis.
“(B) INCLUSION.—Such term includes industrial hemp.
“(C) EXCLUSIONS.—Such term does not include—
“(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis; or
“(ii) any intermediate 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) more than 0.3 percent combined total of—
“(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and
“(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services); or
“(iii) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; or
“(iv) any final 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) greater than 0.4 milligrams combined total per container of—
“(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and
“(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services).