The Industrial Hemp Act, 2021

THE INDUSTRIAL HEMP ACT, 2021
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
PART II
LICENSING OF GROWERS, PROCESSORS, DISTRIBUTORS, BUYERS, EXPORTERS AND
RESEARCHERS OF INDUSTRIAL HEMP
3. Licensing by Lead Agency
4. Prohibition from growing, processing, distributing, buying, exporting of
and researching on industrial hemp without licence
5. Application for licence
6. Issuance of licence
7. Validity of licence
8. Renewal of licence
9. Suspension or revocation of licence
10. Transfer of licence
11. Variation of licence
12. Notice of change of particulars
13. Designation of growing, processing, distributing and buying area
14. Prohibition of cultivation of cannabis on land designated for industrial
hemp
15. Import and export of industrial hemp seed
16. Industrial hemp seed variety
17. Industrial hemp seed production and multiplication
18. Quality control of industrial hemp
Industrial Hemp [No. 34 of 2021 287
Singles copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K20.00 each

rial Hemp [No. 34 of 2021 287
Singles copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K20.00 each

PART III
INSPECTIONS
19. Power of authorised Officer
20. Obstruction of authorised Officer
PART IV
GENERAL PROVISIONS
21. Appeals
22. Register
23. Submission of annual returns and status report
24. General penalty
25. Preferential schemes
26. Regulations
288 No. 34 of 2021] Industrial Hemp

er
23. Submission of annual returns and status report
24. General penalty
25. Preferential schemes
26. Regulations
288 No. 34 of 2021] Industrial Hemp

An Act to provide for the licensing of growers, processors,
distributors, buyers, exporters of and researchers on
industrial hemp; provide for the production and
multiplication of industrial hemp; provide for the import
and export of industrial hemp; and provide for matters
connected with, or incidental to, the foregoing.
[20th May, 2021
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Industrial Hemp Act, 2021,
and shall come into operation on the date that the Minister may
appoint by statutory instrument.
2. In this Act unless the context otherwise requires—
“authorised officer” has the meaning assigned to the words
in the Cannabis Act, 2021;
“Committee” has the meaning assigned to the word in the
Cannabis Act, 2021;
“Lead Agency” has the meaning assigned to the word in the
Cannabis Act, 2021;
“legally disqualified”means the absence of legal capacity as
provided in section 4 of the Mental Health Act, 2019;
Industrial Hemp [No. 34 of 2021 289
Enactment
Short title
and
commence-
ment
Interpretations
Act No. 33
of 2021
Act No. 33
of 2021
Act No. 6 of
2019
GOVERNMENT OF ZAMBIA
ACT
No. 34 of 2021
Date of Assent: 19th May, 2021

e-
ment
Interpretations
Act No. 33
of 2021
Act No. 33
of 2021
Act No. 6 of
2019
GOVERNMENT OF ZAMBIA
ACT
No. 34 of 2021
Date of Assent: 19th May, 2021

“licensed activity” means an activity authorised under a licence
issued by the Agency;
“licensee” means a person issued with a licence to grow,
process, distribute, buy, export or conduct research on
industrial hemp under section 5; and
“industrial hemp” means a plant of cannabis and any part or
derivative of that plant, including viable seed, whether
growing or not with a delta-9 -tetrahydrocannabinol
concentration of not more than 0.3% on a dry weight basis. PART II
LICENSING OF GROWERS, PROCESSORS, DISTRIBUTORS, BUYERS,
EXPORTERS AND RESEARCHERS OF INDUSTRIAL HEMP
3. The Lead Agency shall be responsible for the issuance of
licences for the growing, processing, distribution, buying, export
and conducting of research on industrial hemp under this Act. 4. (1) A person shall not grow, process, distribute, buy, export
or conduct research on industrial hemp without a licence issued
under this Act. (2) A person who contravenes subsection (1), commits an
offence and is liable, on conviction, to a penalty specified in the
Narcotic Drugs and Psychotropic Substances Act. 5.

enes subsection (1), commits an
offence and is liable, on conviction, to a penalty specified in the
Narcotic Drugs and Psychotropic Substances Act. 5.

(1) A person who intends to grow, process, distribute, buy,
export or conduct research on industrial hemp shall apply to the
Lead Agency in a prescribed manner and form on payment of a
prescribed fee. (2) The Lead Agency shall, on the recommendation of the
Committee, within sixty days, of receipt of the application under
subsection (1), approve or reject the application. (3) Where the Lead Agency rejects an application, the Lead
Agency shall, within fourteen days of the decision, inform the
applicant of the decision stating the reasons for the rejection. (4) The Lead Agency may request further particulars or
information in respect of an application. Act No. 6 of
2019
Act No. 35
of 2021
Licensing by
Lead Agency
Prohibition
from
growing,
processing,
distributing,
buying,
exporting of
and
researching
on industrial
hemp
without
licence
Application
for licence
290 No. 34 of 2021] Industrial Hemp

ing,
distributing,
buying,
exporting of
and
researching
on industrial
hemp
without
licence
Application
for licence
290 No. 34 of 2021] Industrial Hemp

6. (1) The Lead Agency may, issue a licence under this Act
if the—
(a) application is in accordance with the provisions of this
Act; and
(b) applicant is financially and technically capable of meeting
the applicant’s obligations and the terms and conditions
of the licence. (2) A licence issued under subsection (1) shall contain the terms
and conditions of the licence as prescribed. 7. A licence issued under section 6 is valid for a period of five
years. 8. (1) A licensee who intends to renew a licence issued under
this Act shall apply to the Lead Agency, within sixty days before
the expiration of the licence, in a prescribed manner and form on
payment of a prescribed fee. (2) The Lead Agency shall, on the recommendation of the
Committee, within sixty days of receipt of the application under
subsection (1), approve or reject the application. (3) Where the Lead Agency rejects an application to renew a
licence, the Lead Agency shall inform the licensee in writing of the
decision stating the reasons for the rejection. 9.

ects an application to renew a
licence, the Lead Agency shall inform the licensee in writing of the
decision stating the reasons for the rejection. 9.

(1) The Lead Agency may, in consultation with the
Committee, suspend or revoke the licence where the licensee—
(a) breaches a condition of the licence;
(b) obtained the licence by fraud, misrepresentation or
concealment of a material fact;
(c) is legally disqualified to undertake the licenced activity; or
(d) is convicted of an offence under this Act or any other
written law and sentenced to a term of imprisonment
exceeding six months without an option of a fine. (2) The Lead Agency shall before suspending or revoking a
licence under subsection (1), notify the licensee of the Lead
Agency’s intention to suspend or revoke the licence and shall—
(a) state the reasons for the intended suspension or revocation;
and
(b) require the licensee to show cause, within a period of not
more than fourteen days, why the licence should not be
suspended or revoked. Issuance of
licence
Validity of
licence
Renewal of
licence
Suspension
or revocation
of licence
Industrial Hemp [No. 34 of 2021 291

spended or revoked. Issuance of
licence
Validity of
licence
Renewal of
licence
Suspension
or revocation
of licence
Industrial Hemp [No. 34 of 2021 291

(3) The Lead Agency shall not suspend or revoke a licence
under this section if the licensee takes remedial measures to the
satisfaction of the Lead Agency within the period specified under
subsection (2). (4) The Lead Agency shall, in making the final determination
on the suspension or revocation of a licence, consider the
submissions made by the licensee under subsection (2). (5) The Lead Agency may suspend or revoke a licence if the
licensee after being notified under subsection (2), fails to show
cause or does not take any remedial measures, to the satisfaction
of the Lead Agency, within the time specified in that subsection. (6) Where a licence is suspended or revoked under this Act,
the Lead Agency shall inform the licensee, in writing, of the
revocation of the licence and the licensee shall surrender that licence,
subject to the conditions that the Lead Agency may impose with
respect to the winding up of the licensed activity. 10. A licence issued under this Act shall not be transferred to
a third party without prior authorisation of the Lead Agency, on the
recommendation of the Committee. 11.

d under this Act shall not be transferred to
a third party without prior authorisation of the Lead Agency, on the
recommendation of the Committee. 11.

(1) A licensee shall, at any time during the validity of the
licence, apply to the Lead Agency in a prescribed manner and
form on payment of a prescribed fee, for the variation of the terms
and conditions of the licence. (2) The Lead Agency shall, on the recommendation of the
Committee, within thirty days of receipt of an application under
subsection (1)—
(a) vary the terms and conditions of the licence or reject the
application; and
(b) notify the licensee of the variation or rejection thereof. 12. (1) A licensee shall, where there are changes relating to a
licensed activity, notify the Lead Agency within thirty days of the
change of the particulars relating to the licensed activity in the
prescribed manner and form on payment of a prescribed fee. (2) The Lead Agency shall, within thirty days of receipt of the
notice under subsection (1)—
(a) endorse the change of the particulars relating to the
licensed activity on the licence and in the register; and
(b) notify the licensee of the change thereof. 13.

change of the particulars relating to the
licensed activity on the licence and in the register; and
(b) notify the licensee of the change thereof. 13.

The Committee shall, in consultation with an appropriate
authority, designate areas for growing, processing, distribution and
buying of industrial hemp, taking into account—
Transfer of
licence
Variation of
licence
Notice of
change of
particulars
Designation
of growing,
processing,
distributing
and buying
area
292 No. 34 of 2021] Industrial Hemp

iation of
licence
Notice of
change of
particulars
Designation
of growing,
processing,
distributing
and buying
area
292 No. 34 of 2021] Industrial Hemp

(a) risk of diversion;
(b) risk of contamination, subject to the Environmental
Management Act, 2011;
(c) economic decentralisation; and
(d) any other factor that the Minister may consider reasonably
necessary. 14. (1) An owner or occupier of premises licensed to grow
industrial hemp shall not cultivate or permit the cultivation of cannabis
on those premises. (2) A person who contravenes subsection (1) is liable, on
conviction, to a fine not exceeding five hundred thousand penalty
units or to imprisonment for a term not exceeding five years, or to
both. (3) The Lead Agency shall, where a person contravenes
subsection (1), in addition to the penalty under subsection (2)—
(a) seize the cannabis plant and cause that person’s land to
be cleared in the presence of an inspector; or
(b) supervise the cultivation of the crop until maturity before
seizure of the plant. (4) For the purposes of this section “cannabis” has the meaning
assigned to the word in the Cannabis Act, 2021. 15. A person who intends to import and export industrial
hemp seed shall do so in accordance with this Act, the Plant
Variety and Seeds Act and the Plant Pests and Diseases Act. 16.

ort and export industrial
hemp seed shall do so in accordance with this Act, the Plant
Variety and Seeds Act and the Plant Pests and Diseases Act. 16.

The Minister may, by statutory instrument, prescribe the
seed variety or cultivar of industrial hemp to be grown in the
Republic. 17. The production and multiplication of industrial hemp seed
shall be carried out in accordance with the Plant Variety and Seed
Act. 18. (1) An independent laboratory shall, for purposes of
verification, test industrial hemp before it is distributed, exported or
sold. (2) An independent laboratory under subsection (1) shall be a
recognised laboratory, as prescribed. Act No. 12
of 2011
Prohibition
of cultivation
of cannabis
on land
designated
for industrial
hemp
Act No. 33
of 2021
Import and
export of
industrial
hemp seed
Cap. 236
Cap. 233
Industrial
hemp seed
variety
Industrial
hemp seed
production
and
multiplication
Cap. 236
Quality
control of
industrial
hemp
Industrial Hemp [No. 34 of 2021 293

l
hemp seed
variety
Industrial
hemp seed
production
and
multiplication
Cap. 236
Quality
control of
industrial
hemp
Industrial Hemp [No. 34 of 2021 293

PART III
INSPECTIONS
19.

PART III
INSPECTIONS
19.

(1) An authorised officer may for the purposes of
enforcing the provisions of this Act, and with a warrant, at any
reasonable time—
(a) enter and inspect any premises where an activity in relation
to industrial hemp is undertaken;
(b) search any premises where any activity in relation to
industrial hemp is being undertaken;
(c) require information to be given about any document, record,
book, article, industrial hemp in any premises by—
(i) the owner of the premises;
(ii) the person in control of the premises;
(iii) any person who has control of the document,
record, book, article, industrial hemp; or
(iv) any other person who may have the information;
(d) seize any document, book, record, article, computer or
other electronic storage device or industrial hemp that
has a bearing on an inspection or investigation or is used
for purposes contrary to the provisions of this Act;
(e) take samples of industrial hemp as may be necessary for
the purposes of testing, examination or analysis;
(f)take extracts from, or make copies of, any book, record or
document found on the premises that has a bearing on
an inspection or investigation;
(g) use any computer system or any other electronic device
on the premises, or require the assistance of any person
on the premises to use that computer system or
electronic device to—
(i) search any data contained in, or available to the
computer system or electronic device;
(ii) reproduce any record from the data;
(iii) seize any output from the computer or electronic
device for examination and copying; and
(iv) attach and, if necessary, remove from the
premises for examination and safeguarding any
document, record, book or article that has a
bearing on an inspection or investigation.

remove from the
premises for examination and safeguarding any
document, record, book or article that has a
bearing on an inspection or investigation.

Power of
authorised
officer
294 No. 34 of 2021] Industrial Hemp

Power of
authorised
officer
294 No. 34 of 2021] Industrial Hemp

(2) An authorised officer who removes any document, book,
record or article from any premises under this section shall—
(a) issue a receipt for the document, book, record or article
to the owner of, or person in control of, the premises;
and
(b) return the document, book, record or article as soon as
practicable after achieving the purpose for which it was
removed. (3) An authorised officer shall furnish a written report and
any other information relating to an inspection to the Lead Agency,
Committee and any appropriate authority, as the Lead Agency,
Committee or the appropriate authority may require. 20. (1) A person shall not—
(a) delay, assault, threaten or obstruct an authorised officer
in the performance of the authorised officer’s functions;
(b) refuse to give an authorised officer reasonable assistance
that the authorised officer may require for the purpose
of exercising the authorised officer’s powers;
(c) give an authorised officer false or misleading information
in answer to an inquiry made by the authorised officer;
or
(d) impersonate an authorised officer or present oneself to
be an authorised officer.

ation
in answer to an inquiry made by the authorised officer;
or
(d) impersonate an authorised officer or present oneself to
be an authorised officer.

(2) A person who contravenes subsection (1), commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. PART IV
GENERAL PROVISIONS
21. (1) A person aggrieved with the decision of the Lead
Agency may appeal to the Minister. (2) A person aggrieved by a decision of the Minister may appeal
to the High Court. 22. (1) The Lead Agency shall cause to be kept and
maintained a register of growers, processors, distributors, buyers,
exporters of and researchers on industrial hemp licensed under
this Act in a prescribed manner and form. (2) The register under subsection (1), shall contain particulars
that the Minister may, by statutory instrument, prescribe. Obstruction
of authorised
officer
Appeals
Register
Industrial Hemp [No. 34 of 2021 295

lars
that the Minister may, by statutory instrument, prescribe. Obstruction
of authorised
officer
Appeals
Register
Industrial Hemp [No. 34 of 2021 295

23. (1) A licensee shall submit to the Lead Agency in an
annual return or nochange return in a prescribed manner and
form on payment of a prescribed fee. (2) The Lead Agency may request a status report on a
licensed activity in the prescribed manner and form. (3) The annual return shall cover the period from 1st January
to 31st December of the preceding financial year and the licensee
shall submit the annual return or no -change return by 31st March
of the following financial year. (4) A licensee shall, where the status of the licensed activity
has not changed, specify in a prescribed manner and form the
financial year in which the return is filed and include a general
statement of a no change in any given particulars in the return
from the filing of the previous return. (5) A person who fails to submit the annual report and status
report within the prescribed period commits an offence. 24. A person who commits an offence under this Act for
which a specific penalty is not provided is, on conviction, liable
to a fine not exceeding three hundred thousand penalty units or
to imprisonment for a term not exceeding three years, or to
both. 25.

nviction, liable
to a fine not exceeding three hundred thousand penalty units or
to imprisonment for a term not exceeding three years, or to
both. 25.

The Minister shall, in consultation with the Citizens
Economic Empowerment Commission, recommend preferential
schemes for the purposes of this Act under the Citizens
Economic Empowerment Act, 2006. 26. (1) The Minister may, by statutory instrument, make
Regulations for the better carrying out of the provisions of this
Act. (2) Despite the generality of subsection (1), Regulations made
under subsection (1) shall—
(a) prescribe the manner and form of growing, processing,
distributing, buying of industrial hemp and researching
on industrial hemp and the fees payable;
(b) provide for the details to be entered in the register; and
(c) prescribe anything required to be prescribed under this
Act. Submission of
annual returns
and status
report
General penalty
Preferential
schemes
Act No. 9 of
2006
Regulations
296 No. 34 of 2021] Industrial Hemp