As used in this chapter, "industrial hemp" means:

1. (1) all nonseed parts and varieties of the Cannabis sativa plant, whether growing or not, that contain a crop wide average tetrahydrocannabinol (THC) concentration that does not exceed the lesser of:

   1. (A) three-tenths of one percent (0.3%) on a dry weight basis; or
   2. (B) the percent based on a dry weight basis determined by the federal Controlled Substances Act (21 U.S.C. 801 et seq.); or

2. (2) any Cannabis sativa seed that is:

   1. (A) part of a growing crop;
   2. (B) retained by a grower for future planting; or

   3. (C) for processing into, or use as, agricultural hemp seed.

      The term does not include industrial hemp commodities or products.

As added by P.L.165-2014, SEC.1.