Industrial Hemp [No.

34 of 2021 287
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

Singles copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K20.00 each
288 No. 34 of 2021] Industrial Hemp
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
 Industrial Hemp [No. 34 of 2021 289

GOVERNMENT OF ZAMBIA

ACT
No. 34 of 2021

Date of Assent: 19th May, 2021

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. Enactment

PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Industrial Hemp Act, 2021, Short title
and shall come into operation on the date that the Minister may and
commence-
appoint by statutory instrument. ment
2. In this Act unless the context otherwise requires— Interpretations
“authorised officer” has the meaning assigned to the words
in the Cannabis Act, 2021; Act No. of
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; Act No. of
2021
“legally disqualified”means the absence of legal capacity as
provided in section 4 of the Mental Health Act, 2019; Act No. 6 of
2019
 4 No. of 2021] Industrial Hemp
Act No. 6 of “licensed activity” means an activity authorised under a licence
2019 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
Licensing by 3. The Lead Agency shall be responsible for the issuance of
Lead Agency licences for the growing, processing, distribution, buying, export
and conducting of research on industrial hemp under this Act.
Prohibition 4. (1) A person shall not grow, process, distribute, buy, export
from or conduct research on industrial hemp without a licence issued
growing,
processing, under this Act.
distributing,
buying, (2) A person who contravenes subsection (1), commits an
exporting of offence and is liable, on conviction, to a penalty specified in the
and
researching Narcotic Drugs and Psychotropic Substances Act.
on industrial
hemp
without
licence
Act No. of
2021

Application 5. (1) A person who intends to grow, process, distribute, buy,

for licence 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.
 Industrial Hemp [No. of 2021 5
6. (1) The Lead Agency may, issue a licence under this Act Issuance of
if the— licence

(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 Validity of
years. licence

8. (1) A licensee who intends to renew a licence issued under Renewal of

this Act shall apply to the Lead Agency, within sixty days before licence
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. (1) The Lead Agency may, in consultation with the Suspension
Committee, suspend or revoke the licence where the licensee— or revocation
of licence
(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.
 6 No. of 2021] Industrial Hemp
(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.
Transfer of 10. A licence issued under this Act shall not be transferred to
licence a third party without prior authorisation of the Lead Agency, on the
recommendation of the Committee.

Variation of 11. (1) A licensee shall, at any time during the validity of the
licence 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.
Notice of 12. (1) A licensee shall, where there are changes relating to a
change of licensed activity, notify the Lead Agency within thirty days of the
particulars
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.
Designation 13. The Committee shall, in consultation with an appropriate
of growing, authority, designate areas for growing, processing, distribution and
processing,
distributing buying of industrial hemp, taking into account—
and buying
area
 Industrial Hemp [No. of 2021 7
(a) risk of diversion;
(b) risk of contamination, subject to the Environmental Act No. 12
Management Act, 2011; of 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 Prohibition
industrial hemp shall not cultivate or permit the cultivation of cannabis of cultivation
of cannabis
on those premises. on land
designated
(2) A person who contravenes subsection (1) is liable, on for industrial
conviction, to a fine not exceeding five hundred thousand penalty hemp
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. Act No. of
2021

15. A person who intends to import and export industrial Import and
export of
hemp seed shall do so in accordance with this Act, the Plant industrial
Variety and Seeds Act and the Plant Pests and Diseases Act. hemp seed
Cap. 236
Cap. 233
16. The Minister may, by statutory instrument, prescribe the Industrial
seed variety or cultivar of industrial hemp to be grown in the hemp seed
variety
Republic.
17. The production and multiplication of industrial hemp seed Industrial
shall be carried out in accordance with the Plant Variety and Seed hemp seed
production
Act. and
multiplication
Cap. 236
18. (1) An independent laboratory shall, for purposes of Quality
verification, test industrial hemp before it is distributed, exported or control of
industrial
sold. hemp
(2) An independent laboratory under subsection (1) shall be a
recognised laboratory, as prescribed.
 8 No. of 2021] Industrial Hemp
PART III
INSPECTIONS
Power of 19. (1) An authorised officer may for the purposes of
authorised
officer 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.
 Industrial Hemp [No. of 2021 9
(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— Obstruction
of authorised
(a) delay, assault, threaten or obstruct an authorised officer 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.
(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 Appeals
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 Register
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.
 10 No. of 2021] Industrial Hemp
Submission of 23. (1) A licensee shall submit to the Lead Agency in an
annual returns annual return or nochange return in a prescribed manner and
and status
report 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.
General penalty 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.
Preferential 25. The Minister shall, in consultation with the Citizens
schemes Economic Empowerment Commission, recommend preferential
schemes for the purposes of this Act under the Citizens
Act No. 9 of Economic Empowerment Act, 2006.
2006

Regulations 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.
 This printed impression has been carefully compared by me with the Bill
which has passed the National Assembly, and found by me to be a true and
correctly printed copy of the said Bill.

Signed......................................................
Speaker/Deputy Speaker/
Clerk of the National Assembly

Date of Authentication: