# § 1639q. Department of Agriculture
**(a)** **Department of Agriculture plan**
**(1)** **In general** section 1639p of this title
In the case of a State or Indian tribe for which a State or Tribal plan is not approved under , the production of hemp in that State or the territory of that Indian tribe shall be subject to a plan established by the Secretary to monitor and regulate that production in accordance with paragraph (2).
**(2)** **Content** A plan established by the Secretary under paragraph (1) shall include—
**(A)** a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;
**(B)** a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
**(C)** a procedure for the effective disposal of—
**(i)** plants, whether growing or not, that are produced in violation of this subchapter; and
**(ii)** products derived from those plants;
**(D)** a procedure to comply with the enforcement procedures under subsection (c)(2);
**(E)** a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subchapter; and
**(F)** such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subchapter.
**(b)** **Licensing** The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection (a).
**(c)** **Violations**
**(1)** **In general** section 1639p of this title
In the case of a State or Indian tribe for which a State or Tribal plan is not approved under , it shall be unlawful to produce hemp in that State or the territory of that Indian tribe without a license issued by the Secretary under subsection (b).
**(2)** **Negligent and other violations** section 1639p(e) of this title
A violation of a plan established under subsection (a) shall be subject to enforcement in accordance with paragraphs (2) and (3) of , except that the Secretary shall carry out that enforcement instead of a State department of agriculture or Tribal government.
**(3)** **Reporting to Attorney General** In the case of a State or Indian tribe covered by paragraph (1), the Secretary shall report the production of hemp without a license issued by the Secretary under subsection (b) to the Attorney General.
**(d)** **Information sharing for law enforcement**
**(1)** **In general** The Secretary shall—
**(A)** collect the information described in paragraph (2); and
**(B)** make the information collected under subparagraph (A) accessible in real time to Federal, State, territorial, and local law enforcement.
**(2)** **Content** The information collected by the Secretary under paragraph (1) shall include—
**(A)** contact information for each hemp producer in a State or the territory of an Indian tribe for which—
**(i)** a State or Tribal plan is approved under section 1639p(b) of this title; or
**(ii)** a plan is established by the Secretary under this section;
**(B)** a legal description of the land on which hemp is grown by each hemp producer described in subparagraph (A); and
**(C)** for each hemp producer described in subparagraph (A)—
**(i)** the status of—
**(I)** a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or
**(II)** a license from the Secretary; and
**(ii)** any changes to the status.
---
**Source Credit**: (Aug. 14, 1946, ch. 966, title II, § 297C, as added Pub. L. 115–334, title X, § 10113, Dec. 20, 2018, 132 Stat. 4912.)