SB 1409: Industrial hemp.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-30
(1)Existing law governs the growth of industrial hemp and imposes specified procedures and requirements on a person who grows industrial hemp, not including an established agricultural research institution, as defined. Existing law defines industrial hemp to be the same as that term is defined in the California Uniform Controlled Substances Act, which defines that term as a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. with a tetrahydrocannabinol (THC) content that does not exceed a specified THC limit, the plants seeds or resin, and specified substances and mixtures of the plant or its seeds or resin. Existing law requires that industrial hemp only be grown if it is on the list of approved hemp seed cultivars, which includes industrial hemp seed cultivars certified on or before January 1, 2013, by specific organizations, except as specified. Existing law requires industrial hemp to be grown only as a densely planted fiber or oilseed crop, or both. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), added by Proposition 64 at the November 8, 2016, statewide general election, requires this crop to be grown in minimum acreages of 1/10 of an acre, except as specified. Existing law prohibits the ornamental and clandestine cultivation of industrial hemp plants, and, except under specified circumstances, pruning and tending of individual industrial hemp plants and culling of industrial hemp. Existing law requires sampling and laboratory testing of industrial hemp, as provided, to determine compliance with THC limits and destruction of industrial hemp that exceeds those limits. Existing law establishes timeframes for sampling of industrial hemp and, if applicable, destruction of industrial hemp that exceeds THC limits.
Existing law requires a grower of industrial hemp for commercial purposes and a seed breeder, as defined, to register with the county agricultural commissioner and to pay a registration or renewal fee, as specified. Existing law exempts established agricultural institutions from these registration requirements. Existing law requires that registration fees be deposited into the Department of Food and Agriculture Fund and continuously appropriated for use in the administration and enforcement of these provisions. Existing law requires that an application for registration include information about the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop, or, in the case of a seed breeder, for seed production. Under existing law, a registration issued pursuant to these provisions is valid for 2 years.
This bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars. The bill would authorize industrial hemp to be produced by clonal propagation, as provided, of industrial hemp that is on the list of approved seed cultivars. The bill would also delete the prohibitions on ornamental cultivation of industrial hemp plants, pruning and tending of individual industrial hemp plants, and culling of industrial hemp. By removing limitations on the types of industrial hemp seed cultivars that may be cultivated, the means by which industrial hemp may be produced, and the purposes for which industrial hemp may be cultivated, with payment of a registration or renewal fee, the bill would establish new sources of revenue for a continuously appropriated fund, thereby making an appropriation. The bill would authorize a county agricultural commissioner or a county, as appropriate, to retain the amount of a registration or renewal fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee. The bill would also authorize the board of supervisors of a county to establish a registration or renewal fee to cover other costs of the county agricultural commissioner and the county of implementing, administering, and enforcing these provisions, as provided.
Under the bill, industrial hemp would no longer be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop. The bill would delete the requirement that industrial hemp be grown as a densely planted fiber or oilseed crop. By modifying the characterization of a crop for which AUMA sets a minimum acreage, the bill would amend AUMA. The bill would also delete the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop. However, the bill would require that an application include the seed cultivars state or county of origin. Under the bill, a registration issued pursuant to these provisions would be valid for one year instead of 2 years. The bill would require a sample of industrial hemp collected for THC testing to be taken with the grower or seed breeder present, and would require the Department of Food and Agriculture to establish, by regulation, procedures for sampling of industrial hemp, as provided. The bill would require a laboratory test report on the sample to be issued by a department-approved laboratory, and would require the sample to be tested using a department-approved testing method. The bill would require THC content to be measured on a dry-weight basis for purposes of determining whether a sample exceeds THC limits. The bill would establish new timeframes for sampling of industrial hemp and, if applicable, destruction of industrial hemp that exceeds THC limits.
The bill would require established agricultural research institutions, before cultivating industrial hemp, to provide the Global Positioning System coordinates of the planned cultivation site to the county agricultural commissioner of the county in which the site is located.
(2)Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes.
This bill would also authorize the Department of Food and Agriculture, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.
(3)The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.
This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
(1)Existing law governs the growth of industrial hemp and imposes specified procedures and requirements on a person who grows industrial hemp, not including an established agricultural research institution, as defined. Existing law defines industrial hemp to be the same as that term is defined in the California Uniform Controlled Substances Act, which defines that term as a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. with a tetrahydrocannabinol (THC) content that does not exceed a specified THC limit, the plants seeds or resin, and specified substances and mixtures of the plant or its seeds or resin. Existing law requires that industrial hemp only be grown if it is on the list of approved hemp seed cultivars, which includes industrial hemp seed cultivars certified on or before January 1, 2013, by specific organizations, except as specified. Existing law requires industrial hemp to be grown only as a densely planted fiber or oilseed crop, or both. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), added by Proposition 64 at the November 8, 2016, statewide general election, requires this crop to be grown in minimum acreages of 1/10 of an acre, except as specified. Existing law prohibits the ornamental and clandestine cultivation of industrial hemp plants, and, except under specified circumstances, pruning and tending of individual industrial hemp plants and culling of industrial hemp. Existing law requires sampling and laboratory testing of industrial hemp, as provided, to determine compliance with THC limits and destruction of industrial hemp that exceeds those limits. Existing law establishes timeframes for sampling of industrial hemp and, if applicable, destruction of industrial hemp that exceeds THC limits.
Existing law requires a grower of industrial hemp for commercial purposes and a seed breeder, as defined, to register with the county agricultural commissioner and to pay a registration or renewal fee, as specified. Existing law exempts established agricultural institutions from these registration requirements. Existing law requires that registration fees be deposited into the Department of Food and Agriculture Fund and continuously appropriated for use in the administration and enforcement of these provisions. Existing law requires that an application for registration include information about the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop, or, in the case of a seed breeder, for seed production. Under existing law, a registration issued pursuant to these provisions is valid for 2 years.
This bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars. The bill would authorize industrial hemp to be produced by clonal propagation, as provided, of industrial hemp that is on the list of approved seed cultivars. The bill would also delete the prohibitions on ornamental cultivation of industrial hemp plants, pruning and tending of individual industrial hemp plants, and culling of industrial hemp. By removing limitations on the types of industrial hemp seed cultivars that may be cultivated, the means by which industrial hemp may be produced, and the purposes for which industrial hemp may be cultivated, with payment of a registration or renewal fee, the bill would establish new sources of revenue for a continuously appropriated fund, thereby making an appropriation. The bill would authorize a county agricultural commissioner or a county, as appropriate, to retain the amount of a registration or renewal fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee. The bill would also authorize the board of supervisors of a county to establish a registration or renewal fee to cover other costs of the county agricultural commissioner and the county of implementing, administering, and enforcing these provisions, as provided.
Under the bill, industrial hemp would no longer be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop. The bill would delete the requirement that industrial hemp be grown as a densely planted fiber or oilseed crop. By modifying the characterization of a crop for which AUMA sets a minimum acreage, the bill would amend AUMA. The bill would also delete the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop. However, the bill would require that an application include the seed cultivars state or county of origin. Under the bill, a registration issued pursuant to these provisions would be valid for one year instead of 2 years. The bill would require a sample of industrial hemp collected for THC testing to be taken with the grower or seed breeder present, and would require the Department of Food and Agriculture to establish, by regulation, procedures for sampling of industrial hemp, as provided. The bill would require a laboratory test report on the sample to be issued by a department-approved laboratory, and would require the sample to be tested using a department-approved testing method. The bill would require THC content to be measured on a dry-weight basis for purposes of determining whether a sample exceeds THC limits. The bill would establish new timeframes for sampling of industrial hemp and, if applicable, destruction of industrial hemp that exceeds THC limits.
The bill would require established agricultural research institutions, before cultivating industrial hemp, to provide the Global Positioning System coordinates of the planned cultivation site to the county agricultural commissioner of the county in which the site is located.
(2)Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes.
This bill would also authorize the Department of Food and Agriculture, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.
(3)The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.
This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
(1)Existing law governs the growth of industrial hemp and imposes specified procedures and requirements on a person who grows industrial hemp, not including an established agricultural research institution, as defined. Existing law defines industrial hemp to be the same as that term is defined in the California Uniform Controlled Substances Act, which defines that term as a fiber or oilseed crop, or both, that is limited to the nonpsychoactive types of the plant Cannabis sativa L. and the seed produced from that plant, and that meets other specified criteria. Existing law requires that industrial hemp only be grown if it is on the list of approved hemp seed cultivars, which includes industrial hemp seed cultivars certified on or before January 1, 2013, by specific organizations, except as specified. Existing law requires industrial hemp to be grown only as a densely planted fiber or oilseed crop, or both, both. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), added by Proposition 64 at the November 8, 2016, statewide general election, requires this crop to be grown in minimum acreages, as provided, acreages of 1/10 of an acre, except as specified. Existing law prohibits the ornamental and clandestine cultivation of industrial hemp plants, and, except under specified circumstances, pruning and tending of individual industrial hemp plants and culling of industrial hemp. Existing law requires sampling and laboratory testing of industrial hemp, as provided, to determine compliance with limits on tetrahydrocannabinol (THC) content, and destruction of industrial hemp that exceeds those limits. Existing law establishes timeframes for sampling of industrial hemp and, if applicable, destruction of industrial hemp that exceeds THC limits.
Existing law requires a grower of industrial hemp for commercial purposes and a seed breeder, as defined, to register with the county agricultural commissioner and to pay a registration or renewal fee, as specified. Existing law exempts established agricultural institutions from these registration requirements. Existing law requires that registration fees be deposited into the Department of Food and Agriculture Fund and continuously appropriated for use in the administration and enforcement of these provisions. Existing law requires that an application for registration include information about the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop, or, in the case of a seed breeder, for seed production. Under existing law, a registration issued pursuant to these provisions is valid for 2 years.
This bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars. The bill would authorize industrial hemp to be produced by clonal propagation, as provided, of industrial hemp that is on the list of approved seed cultivars. The bill would also delete the prohibitions on ornamental cultivation of industrial hemp plants, pruning and tending of individual industrial hemp plants, and culling of industrial hemp. By removing limitations on the types of industrial hemp seed cultivars that may be cultivated, the means by which industrial hemp may be produced, and the purposes for which industrial hemp may be cultivated, with payment of a registration or renewal fee, the bill would establish new sources of revenue for a continuously appropriated fund, thereby making an appropriation. The bill would authorize a county agricultural commissioner or a county, as appropriate, to retain the amount of a registration or renewal fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee. The bill would also authorize the board of supervisors of a county to establish a registration or renewal fee to cover other costs of the county agricultural commissioner and the county of implementing, administering, and enforcing these provisions, as provided.
Under the bill, industrial hemp would no longer be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop. The bill would delete the requirement that industrial hemp be grown as a densely planted fiber or oilseed crop, or both. crop. By modifying the characterization of a crop for which AUMA sets a minimum acreage, the bill would amend AUMA. The bill would also delete the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop. However, the bill would require that an application include the seed cultivars state or county of origin. Under the bill, a registration issued pursuant to these provisions would be valid for one year instead of 2 years. The bill would provide more detailed requirements require a sample of industrial hemp collected for THC testing to be taken with the grower or seed breeder present, and would require the Department of Food and Agriculture to establish, by regulation, procedures for sampling and laboratory testing of industrial hemp, and hemp, as provided. The bill would require a laboratory test report on the sample to be issued by a department-approved laboratory, and would require the sample to be tested using a department-approved testing method. The bill would require THC content to be measured on a dry-weight basis for purposes of determining whether a sample exceeds THC limits. The bill would establish new timeframes for sampling of industrial hemp and, if applicable, destruction of industrial hemp that exceeds THC limits. Although established agricultural institutions would remain exempt from registration requirements, the bill would require established agricultural institutions, before cultivating industrial hemp, to provide notification to the county agricultural commissioner of the county in which the institution intends to engage in cultivation.
The bill would authorize a city or county, by local ordinance and upon making a specified finding, to prohibit growers from conducting, or otherwise limit growers conduct of, industrial hemp cultivation, regardless of whether growers meet, or are exempt from, the registration requirements in the above-described provisions or any other law.The bill would require established agricultural institutions, before cultivating industrial hemp, to provide the Global Positioning System coordinates of the planned cultivation site to the county agricultural commissioner of the county in which the site is located.
(2)Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes.
TheThis bill would also authorize the department, Department of Food and Agriculture, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.
(3)The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.
This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
(1)Existing law governs the growth of industrial hemp and imposes specified procedures and requirements on a person who grows industrial hemp, not including an established agricultural research institution. institution, as defined. Existing law defines industrial hemp to be the same as that term is defined in the California Uniform Controlled Substances Act, which defines that term as a fiber or oilseed crop, or both, that is limited to the nonpsychoactive types of the plant Cannabis sativa L. and the seed produced from that plant, and that meets other specified criteria. Existing law requires that industrial hemp only be grown if it is on the list of approved hemp seed cultivars, which includes industrial hemp seed cultivars certified on or before January 1, 2013, by specific organizations, except as specified. Existing law requires industrial hemp to be grown only as a densely planted fiber or oilseed crop, or both, in minimum acreages, as provided, except as specified. Existing law prohibits the ornamental and clandestine cultivation of industrial hemp plants, and, except under specified circumstances, pruning and tending of individual industrial hemp plants and culling of industrial hemp. Existing law requires sampling and laboratory testing of industrial hemp, as provided, to determine compliance with limits on tetrahydrocannabinol (THC) content, and destruction of industrial hemp that exceeds those limits. Existing law establishes timeframes for sampling of industrial hemp and, if applicable, destruction of industrial hemp that exceeds THC limits.
Existing law requires a grower of industrial hemp, as specified, hemp for commercial purposes and a seed breeder, as defined, to register with the county agricultural commissioner and to pay a registration or renewal fee, as specified. Existing law exempts established agricultural institutions from these registration requirements. Existing law requires that the registration fees be deposited into the Department of Food and Agriculture Fund and continuously appropriated for use in the administration and enforcement of these provisions. Existing law requires that an application for registration include information about the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop, or, in the case of a seed breeder, for seed production. Under existing law, a registration issued pursuant to these provisions is valid for 2 years.
This bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars. The bill would authorize industrial hemp to be produced by clonal propagation, as provided, of industrial hemp that is on the list of approved seed cultivars. The bill would also delete the prohibitions on ornamental cultivation of industrial hemp plants, pruning and tending of individual industrial hemp plants, and culling of industrial hemp. By removing limitations on the types of industrial hemp seed cultivars that may be cultivated, the means by which industrial hemp may be produced, and the purposes for which they industrial hemp may be cultivated, with payment of a registration or renewal fee, this the bill would establish new sources of revenue for a continuously appropriated fund, thereby making an appropriation. The bill would authorize a county agricultural commissioner or a county, as appropriate, to retain the amount of a registration or renewal fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee. The bill would also authorize the board of supervisors of a county to establish a registration or renewal fee to cover other costs of the county agricultural commissioner and the county of implementing, administering, and enforcing these provisions, as provided.
Under the bill, industrial hemp would no longer be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop. The bill would delete the requirement that industrial hemp be grown as a fiber or oilseed crop, or both. The bill would also delete the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop. However, the bill would require that an application include the seed cultivars state or county of origin. Under the bill, a registration issued pursuant to these provisions would be valid for one year instead of 2 years. The bill would provide more detailed requirements for sampling and laboratory testing of industrial hemp, and would establish new timeframes for sampling of industrial hemp and, if applicable, destruction of industrial hemp that exceeds THC limits. Although established agricultural institutions would remain exempt from registration requirements, the bill would require established agricultural institutions, before cultivating industrial hemp, to provide notification to the county agricultural commissioner of the county in which the institution intends to engage in cultivation.
The bill would authorize a city or county, by local ordinance and upon making a specified finding, to prohibit growers from conducting, or otherwise limit growers conduct of, industrial hemp cultivation, regardless of whether growers meet, or are exempt from, the registration requirements in the above-described provisions or any other law.
(2)Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes.
The bill would also authorize the department, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.
(1)Existing law governs the growth of industrial hemp and imposes specified procedures and requirements on a person who grows industrial hemp, not including an established agricultural research institution. Existing law defines industrial hemp to be the same as that term is defined in the California Uniform Controlled Substances Act, which defines that term as a fiber or oilseed crop, or both, that is limited to the nonpsychoactive types of the plant Cannabis sativa L. and the seed produced from that plant, and that meets other specified criteria. Existing law requires that industrial hemp only be grown if it is on the list of approved hemp seed cultivars, which includes industrial hemp seed cultivars certified on or before January 1, 2013, by specific organizations, except as specified. Existing law requires industrial hemp to be grown only as a densely planted fiber or oilseed crop, or both, in minimum acreages, as provided, except as specified. Existing law prohibits the ornamental and clandestine cultivation of industrial hemp plants, and, except under specified circumstances, pruning and tending of individual industrial hemp plants and culling of industrial hemp.
Existing law requires a grower of industrial hemp, as specified, and a seed breeder, as defined, to register with the county agricultural commissioner and to pay a registration or renewal fee, as specified. Existing law requires that the fees be deposited into the Department of Food and Agriculture Fund and continuously appropriated for use in the administration and enforcement of these provisions. Existing law requires that an application for registration include information about the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop, or, in the case of a seed breeder, for seed production.
This bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars. The bill would also delete the prohibitions on ornamental cultivation of industrial hemp plants, pruning and tending of individual industrial hemp plants, and culling of industrial hemp. By establishing removing limitations on the types of industrial hemp seed cultivars that may be cultivated, and the purposes for which they may be cultivated, with payment of a registration or renewal fee, this bill would establish new sources of revenue for a continuously appropriated fund, the bill would make thereby making an appropriation. The bill would authorize a county agricultural commissioner or a county, as appropriate, to retain the amount of a registration or renewal fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee. The bill would also authorize the board of supervisors of a county to establish a registration or renewal fee to cover other costs of the county agricultural commissioner and the county of implementing, administering, and enforcing these provisions, as provided.
Under the bill, industrial hemp would no longer be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop. The bill would delete the requirement that industrial hemp be grown as a fiber or oilseed crop, or both. The bill would also delete the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop.
The bill would authorize a city or county, by local ordinance, to prohibit growers or seed breeders from conducting, or otherwise limit growers or seed breeders conduct of, industrial hemp cultivation, regardless of whether growers or seed breeders meet, or are exempt from, the registration requirements in the above-described provisions or any other law. The bill would authorize a city or county, by local ordinance and upon making a specified finding, to prohibit growers from conducting, or otherwise limit growers conduct of, industrial hemp cultivation, regardless of whether growers meet, or are exempt from, the registration requirements in the above-described provisions or any other law.(2)Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes.
The bill would also authorize the department, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.
(1)Existing law governs the growth of industrial hemp and imposes specified procedures and requirements on a person who grows industrial hemp, not including an established agricultural research institution. Existing law defines industrial hemp to be the same as that term is defined in the California Uniform Controlled Substances Act, which defines that term as a fiber or oilseed crop, or both, that is limited to the nonpsychoactive types of the plant Cannabis sativa L. and the seed produced from that plant, and that meets other specified criteria. Existing law requires that industrial hemp only be grown if it is on the list of approved hemp seed cultivars, which includes industrial hemp seed cultivars certified on or before January 1, 2013, by specific organizations, except as specified. Existing law requires industrial hemp to be grown only as a densely planted fiber or oilseed crop, or both, in minimum acreages, as provided, except as specified. Existing law prohibits the ornamental and clandestine cultivation of industrial hemp plants, and, except under specified circumstances, pruning and tending of individual industrial hemp plants and culling of industrial hemp.
Existing law requires a grower of industrial hemp, as specified, and a seed breeder, as defined, to register with the county agricultural commissioner and to pay a registration or renewal fee, as specified. Existing law requires that the fees be deposited into the Department of Food and Agriculture Fund and continuously appropriated for use in the administration and enforcement of these provisions. Existing law requires that an application for registration include information about the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop, or, in the case of a seed breeder, for seed production.
This bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars. The bill would also delete the prohibitions on ornamental cultivation of industrial hemp plants, pruning and tending of individual industrial hemp plants, and culling of industrial hemp. By establishing new sources of revenue for a continuously appropriated fund, the bill would make an appropriation.
Under the bill, industrial hemp would no longer be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop. The bill would delete the requirement that industrial hemp be grown as a fiber or oilseed crop, or both. The bill would also delete the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop.
The bill would authorize a city or county, by local ordinance, to prohibit growers or seed breeders from conducting, or otherwise limit growers or seed breeders conduct of, industrial hemp cultivation, regardless of whether growers or seed breeders meet, or are exempt from, the registration requirements in the above-described provisions or any other law. The bill would authorize a city or county, by local ordinance and upon making a specified finding, to prohibit growers from conducting, or otherwise limit growers conduct of, industrial hemp cultivation, regardless of whether growers meet, or are exempt from, the registration requirements in the above-described provisions or any other law.
(2)Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes.
The bill would also authorize the department, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.
(1)Existing law governs the growth of industrial hemp and imposes specified procedures and requirements on a person who grows industrial hemp, not including an established agricultural research institution. Existing law defines industrial hemp to be the same as that term is defined in the California Uniform Controlled Substances Act, which defines that term as a fiber or oilseed crop, or both, that is limited to the nonpsychoactive types of the plant Cannabis sativa L. and the seed produced from that plant, and that meets other specified criteria. Existing law requires that industrial hemp only be grown if it is on the list of approved hemp seed cultivars, which includes industrial hemp seed cultivars certified on or before January 1, 2013, by specific organizations, except as specified. Existing law requires industrial hemp to be grown only as a densely planted fiber or oilseed crop, or both, in minimum acreages, as provided, except as specified. Existing law prohibits the ornamental and clandestine cultivation of industrial hemp plants, and, except under specified circumstances, pruning and tending of individual industrial hemp plants and culling of industrial hemp.
Existing law requires a grower of industrial hemp, as specified, and a seed breeder, as defined, to register with the county agricultural commissioner and to pay a registration or renewal fee, as specified. Existing law requires that the fees be deposited into the Department of Food and Agriculture Fund and continuously appropriated for use in the administration and enforcement of these provisions. Existing law requires that an application for registration include information about the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop, or, in the case of a seed breeder, for seed production.
This bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars. The bill would also delete the prohibitions on ornamental cultivation of industrial hemp plants, pruning and tending of individual industrial hemp plants, and culling of industrial hemp. By establishing a new source sources of revenue for a continuously appropriated fund, the bill would make an appropriation.
Under the bill, industrial hemp would no longer be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop. The bill would delete the requirement that industrial hemp be grown as a fiber or oilseed crop, or both. The bill would also delete the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop.
The bill would authorize a city or county county, by local ordinance, to waive prohibit growers or seed breeders from conducting, or otherwise limit growers or seed breeders conduct of, industrial hemp cultivation, regardless of whether growers or seed breeders meet, or are exempt from, the registration requirements in the above-described provisions by local ordinance, as provided. provisions or any other law.
(2)Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes.
The bill would also authorize the department, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.
(1)Existing law governs the growth of industrial hemp and imposes specified procedures and requirements on a person who grows industrial hemp, not including an established agricultural research institution. Existing law defines industrial hemp to be the same as that term is defined in the California Uniform Controlled Substances Act, which defines that term as a fiber or oilseed crop, or both, that is limited to the nonpsychoactive types of the plant Cannabis sativa L. and the seed produced from that plant, and that meets other specified criteria. Existing law requires that industrial hemp only be grown if it is on the list of approved hemp seed cultivars, which includes industrial hemp seed cultivars certified on or before January 1, 2013, by specific organizations, except as specified. Existing law requires industrial hemp to be grown only as a densely planted fiber or oilseed crop, or both, in minimum acreages, as provided, except as specified.
Existing law requires a grower of industrial hemp, as specified, and a seed breeder, as defined, to register with the county agricultural commissioner and to pay a registration or renewal fee, as specified. Existing law requires that the fees be deposited into the Department of Food and Agriculture Fund and continuously appropriated for use in the administration and enforcement of these provisions. Existing law requires that an application for registration include information about the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop, or, in the case of a seed breeder, for seed production.
This bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars. By establishing a new source of revenue for a continuously appropriated fund, the bill would make an appropriation.
Under the bill, industrial hemp would no longer be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop. The bill would delete the requirement that industrial hemp be grown as a fiber or oilseed crop, or both. The bill would also delete the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop.
The bill would authorize a city or county to waive the registration requirements in the above-described provisions by local ordinance, as provided.
(2)Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes.
The bill would also authorize the department, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.
(a)Except when grown by an established agricultural research institution or by a seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars, or produced by clonal propagation of industrial hemp that is on the list of approved seed cultivars and therefore genetically identical to, and capable of exhibiting the same range of characteristics as, the parent cultivar.
(b)The list of approved seed cultivars shall include all of the following:
(1)Industrial hemp seed cultivars that have been certified by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers Association.
(2)Industrial hemp seed cultivars that have been certified by the Organization of Economic Cooperation and Development.
(3)California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency pursuant to Article 6.5 (commencing with Section 52401) of Chapter 2 of Division 18.
(c)(1)Upon recommendation by the board or the department, the secretary may update the list of approved seed cultivars by adding, amending, or removing seed cultivars.
(2)The adoption, amendment, or repeal of the list of approved seed cultivars, and the adoption of a methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars, pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(3)The department, in consultation with the board, shall hold at least one public hearing with public comment to determine the methodology and procedure by which a seed cultivar is added, amended, or removed from the list of approved seed cultivars.
(4)The department shall finalize the methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars and send the methodology and procedure to the Office of Administrative Law. The Office of Administrative Law shall file the methodology and procedure promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The methodology and procedure shall do all of the following:
(A)Indicate that the methodology and procedure are adopted pursuant to this division.
(B)State that the methodology and procedure are being transmitted for filing.
(C)Request that the Office of Administrative Law publish a notice of the filing of the methodology and procedure and print an appropriate reference in Title 3 of the California Code of Regulations.
(d)The department, in consultation with the board, may determine the manner in which the public is given notice of the list of approved seed cultivars, and any addition, amendment, or removal from that list.
SEC. 2.Section 81003 of the Food and Agricultural Code is amended to read:81003.(a)(1)Except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation.
(2)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown, including the state or county of origin.
(3)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew his or her registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)The commissioner shall transmit information collected under this section to the department.
SEC. 3.Section 81004 of the Food and Agricultural Code is amended to read:81004.(a)(1)Except when grown by an established agricultural research institution, and before cultivation, a seed breeder shall register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation.
(2)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown for seed production, including the state or county of origin.
(D)If an applicant intends to develop a new California seed cultivar to be certified by a seed-certifying agency, the applicant shall include all of the following:
(i)The name of the seed-certifying agency that will be conducting the certification.
(ii)The industrial hemp varieties that will be used in the development of the new California seed cultivar.
(iii)A seed development plan specifying how the listed industrial hemp varieties will be used in the development of the new seed cultivar, measures that will be taken to prevent the unlawful use of industrial hemp or seed cultivars under this division, and a procedure for the maintenance of records documenting the development of the new seed cultivar.
(3)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew its registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a seed breeder registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)A registrant developing a new California seed cultivar who wishes to change any provision of the seed development plan shall submit to the commissioner the revised seed development plan. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that he or she may cultivate under the revised seed development plan.
(f)All records pertaining to the seed development plan shall be kept and maintained by the seed breeder and be available upon request by the commissioner, a law enforcement agency, or a seed certifying agency.
(g)The commissioner shall transmit information collected under this section to the department.
SEC. 4.Section 81005 of the Food and Agricultural Code is amended to read:81005.(a)The department shall establish a registration fee and appropriate renewal fee to be paid by growers of industrial hemp for commercial purposes and seed breeders, not including an established agricultural research institution, to cover the actual costs of implementing, administering, and enforcing the provisions of this division.
(b)Fees established pursuant to subdivision (a) that are collected by the commissioners upon registration or renewal pursuant to Section 81003 or 81004, except for amounts retained pursuant to this subdivision, shall be forwarded, according to procedures set by the department, to the department for deposit into the Department of Food and Agriculture Fund to be used for the administration and enforcement of this division. A commissioner or the county, as appropriate, may retain the amount of a fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee.
(c)The board of supervisors of a county may establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing the provisions of this division, except for costs that are otherwise reimbursed pursuant to subdivision (b), to be charged and collected by the commissioner upon registrations or renewals required pursuant to Section 81003 or 81004 and retained by the commissioner or the county, as appropriate.
SEC. 5.Section 81006 of the Food and Agricultural Code is amended to read:81006.Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing.
(a)(1)Except when grown by an established agricultural research institution or a seed breeder, industrial hemp shall be grown in acreages of not less than one-tenth of an acre at the same time.
(2)Seed breeders, for purposes of seed production, shall only grow industrial hemp in acreages of not less than one-tenth of an acre at the same time.
(3)Seed breeders, for purposes of developing a new California seed cultivar, shall grow industrial hemp in dedicated acreage of not less than one-tenth of an acre and in accordance with the seed development plan. The entire area of the dedicated acreage is not required to be used for the cultivation of the particular seed cultivar.
(b)Clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp.
(c)Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40.
(d)(1)Except when industrial hemp is grown by an established agricultural research institution, a registrant that grows industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown.
(2)Sampling shall occur no more than 30 days before harvest.
(3)The sample collected for THC testing shall be taken with the grower or seed breeder present. The department shall establish, by regulation, the sampling procedures, including all of the following:
(A)The number of plants to be sampled per field, and any composting of samples.
(B)The portions of the plant to be sampled.
(C)The plant parts to be included in a sample.
(D)Additional procedures as necessary to ensure accuracy and the sanitation of samples and fields.
(4)The sample collected for THC testing shall be accompanied by the following documentation:
(A)The registrants proof of registration.
(B)Seed certification documentation for the seed cultivar used.
(C)The THC testing report for each certified seed cultivar used.
(5)The laboratory test report shall be issued by a laboratory approved by the department, using a department-approved testing method, and indicate the percentage content of THC on a dry-weight basis, indicate the date and location of samples taken, and state the Global Positioning System coordinates and total acreage of the crop. If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the words PASSED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report. If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent, the words FAILED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report.
(6)If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the laboratory shall provide the person who requested the testing not less than 10 original copies signed by an employee authorized by the laboratory and shall retain one or more original copies of the laboratory test report for a minimum of two years from its date of sampling.
(7)If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent and does not exceed 1 percent, the registrant that grows industrial hemp shall submit additional samples for testing of the industrial hemp grown.
(8)A registrant that grows industrial hemp shall destroy the industrial hemp grown upon receipt of a first laboratory test report indicating a percentage content of THC that exceeds 1 percent or a second laboratory test report pursuant to paragraph (7) indicating a percentage content of THC that exceeds three-tenths of 1 percent but is less than 1 percent. If the percentage content of THC exceeds 1 percent, the destruction shall begin within 48 hours, and be completed within 7 days, after receipt of the laboratory test report. If the percentage content of THC in the second laboratory test report exceeds three-tenths of 1 percent but is less than 1 percent, the destruction shall take place as soon as practicable, but no later than 45 days after receipt of the second test report.
(9)A registrant that intends to grow industrial hemp and who complies with this section shall not be prosecuted for the cultivation or possession of marijuana as a result of a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent but does not exceed 1 percent.
(10)Established agricultural research institutions shall be permitted to cultivate or possess industrial hemp with a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent if that cultivation or possession contributes to the development of types of industrial hemp that will comply with the three-tenths of 1 percent THC limit established in this division.
(11)Except for an established agricultural research institution, a registrant that grows industrial hemp shall retain an original signed copy of the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing, transporting, or otherwise obtaining from the registrant that grows industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant.
(e)If, in the Attorney Generals opinion issued pursuant to Section 8 of the act that added this division, it is determined that the provisions of this section are not sufficient to comply with federal law, the department, in consultation with the board, shall establish procedures for this section that meet the requirements of federal law.
SEC. 6.Section 81007 is added to the Food and Agricultural Code, to read:81007.As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot program pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) in accordance with the purposes of that section.
SEC. 7.Section 81011 is added to the Food and Agricultural Code, to read:81011.Before cultivating industrial hemp, an established agricultural research institution shall provide the Global Positioning System coordinates of the planned cultivation site to the commissioner of the county in which the site is located.
SEC. 8.Section 11018.5 of the Health and Safety Code is amended to read:11018.5.(a)Industrial hemp means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(b)Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
SEC. 9.The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act, for the following reason:
By removing limitations on the manner in which industrial hemp may be grown and the uses for which it may be grown, this act removes barriers to the growth of industrial hemp as an agricultural product, and for agricultural or academic research.
(a)Except when grown by an established agricultural research institution or by a seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars, or produced by clonal propagation of industrial hemp that is on the list of approved seed cultivars and therefore genetically identical to, and capable of exhibiting the same range of characteristics as, the parent cultivar.
(b)The list of approved seed cultivars shall include all of the following:
(1)Industrial hemp seed cultivars that have been certified by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers Association.
(2)Industrial hemp seed cultivars that have been certified by the Organization of Economic Cooperation and Development.
(3)California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency pursuant to Article 6.5 (commencing with Section 52401) of Chapter 2 of Division 18.
(c)(1)Upon recommendation by the board or the department, the secretary may update the list of approved seed cultivars by adding, amending, or removing seed cultivars.
(2)The adoption, amendment, or repeal of the list of approved seed cultivars, and the adoption of a methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars, pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(3)The department, in consultation with the board, shall hold at least one public hearing with public comment to determine the methodology and procedure by which a seed cultivar is added, amended, or removed from the list of approved seed cultivars.
(4)The department shall finalize the methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars and send the methodology and procedure to the Office of Administrative Law. The Office of Administrative Law shall file the methodology and procedure promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The methodology and procedure shall do all of the following:
(A)Indicate that the methodology and procedure are adopted pursuant to this division.
(B)State that the methodology and procedure are being transmitted for filing.
(C)Request that the Office of Administrative Law publish a notice of the filing of the methodology and procedure and print an appropriate reference in Title 3 of the California Code of Regulations.
(d)The department, in consultation with the board, may determine the manner in which the public is given notice of the list of approved seed cultivars, and any addition, amendment, or removal from that list.
SEC. 2.Section 81003 of the Food and Agricultural Code is amended to read:81003.(a)(1)Except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation.
(2)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown, including the state or county of origin.
(3)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew his or her registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)The commissioner shall transmit information collected under this section to the department.
SEC. 3.Section 81004 of the Food and Agricultural Code is amended to read:81004.(a)(1)Except when grown by an established agricultural research institution, and before cultivation, a seed breeder shall register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation.
(2)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown for seed production, including the state or county of origin.
(D)If an applicant intends to develop a new California seed cultivar to be certified by a seed-certifying agency, the applicant shall include all of the following:
(i)The name of the seed-certifying agency that will be conducting the certification.
(ii)The industrial hemp varieties that will be used in the development of the new California seed cultivar.
(iii)A seed development plan specifying how the listed industrial hemp varieties will be used in the development of the new seed cultivar, measures that will be taken to prevent the unlawful use of industrial hemp or seed cultivars under this division, and a procedure for the maintenance of records documenting the development of the new seed cultivar.
(3)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew its registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a seed breeder registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)A registrant developing a new California seed cultivar who wishes to change any provision of the seed development plan shall submit to the commissioner the revised seed development plan. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that he or she may cultivate under the revised seed development plan.
(f)All records pertaining to the seed development plan shall be kept and maintained by the seed breeder and be available upon request by the commissioner, a law enforcement agency, or a seed certifying agency.
(g)The commissioner shall transmit information collected under this section to the department.
SEC. 4.Section 81005 of the Food and Agricultural Code is amended to read:81005.(a)The department shall establish a registration fee and appropriate renewal fee to be paid by growers of industrial hemp for commercial purposes and seed breeders, not including an established agricultural research institution, to cover the actual costs of implementing, administering, and enforcing the provisions of this division.
(b)Fees established pursuant to subdivision (a) that are collected by the commissioners upon registration or renewal pursuant to Section 81003 or 81004, except for amounts retained pursuant to this subdivision, shall be forwarded, according to procedures set by the department, to the department for deposit into the Department of Food and Agriculture Fund to be used for the administration and enforcement of this division. A commissioner or the county, as appropriate, may retain the amount of a fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee.
(c)The board of supervisors of a county may establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing the provisions of this division, except for costs that are otherwise reimbursed pursuant to subdivision (b), to be charged and collected by the commissioner upon registrations or renewals required pursuant to Section 81003 or 81004 and retained by the commissioner or the county, as appropriate.
SEC. 5.Section 81006 of the Food and Agricultural Code is amended to read:81006.Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing.
(a)(1)Except when grown by an established agricultural research institution or a seed breeder, industrial hemp shall be grown in acreages of not less than one-tenth of an acre at the same time.
(2)Seed breeders, for purposes of seed production, shall only grow industrial hemp in acreages of not less than one-tenth of an acre at the same time.
(3)Seed breeders, for purposes of developing a new California seed cultivar, shall grow industrial hemp in dedicated acreage of not less than one-tenth of an acre and in accordance with the seed development plan. The entire area of the dedicated acreage is not required to be used for the cultivation of the particular seed cultivar.
(b)Clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp.
(c)Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40.
(d)(1)Except when industrial hemp is grown by an established agricultural research institution, a registrant that grows industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown.
(2)Sampling shall occur no more than 30 days before harvest.
(3)The sample collected for THC testing shall be taken with the grower or seed breeder present. The department shall establish, by regulation, the sampling procedures, including all of the following:
(A)The number of plants to be sampled per field, and any composting of samples.
(B)The portions of the plant to be sampled.
(C)The plant parts to be included in a sample.
(D)Additional procedures as necessary to ensure accuracy and the sanitation of samples and fields.
(4)The sample collected for THC testing shall be accompanied by the following documentation:
(A)The registrants proof of registration.
(B)Seed certification documentation for the seed cultivar used.
(C)The THC testing report for each certified seed cultivar used.
(5)The laboratory test report shall be issued by a laboratory approved by the department, using a department-approved testing method, and indicate the percentage content of THC on a dry-weight basis, indicate the date and location of samples taken, and state the Global Positioning System coordinates and total acreage of the crop. If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the words PASSED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report. If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent, the words FAILED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report.
(6)If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the laboratory shall provide the person who requested the testing not less than 10 original copies signed by an employee authorized by the laboratory and shall retain one or more original copies of the laboratory test report for a minimum of two years from its date of sampling.
(7)If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent and does not exceed 1 percent, the registrant that grows industrial hemp shall submit additional samples for testing of the industrial hemp grown.
(8)A registrant that grows industrial hemp shall destroy the industrial hemp grown upon receipt of a first laboratory test report indicating a percentage content of THC that exceeds 1 percent or a second laboratory test report pursuant to paragraph (7) indicating a percentage content of THC that exceeds three-tenths of 1 percent but is less than 1 percent. If the percentage content of THC exceeds 1 percent, the destruction shall begin within 48 hours, and be completed within 7 days, after receipt of the laboratory test report. If the percentage content of THC in the second laboratory test report exceeds three-tenths of 1 percent but is less than 1 percent, the destruction shall take place as soon as practicable, but no later than 45 days after receipt of the second test report.
(9)A registrant that intends to grow industrial hemp and who complies with this section shall not be prosecuted for the cultivation or possession of marijuana as a result of a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent but does not exceed 1 percent.
(10)Established agricultural research institutions shall be permitted to cultivate or possess industrial hemp with a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent if that cultivation or possession contributes to the development of types of industrial hemp that will comply with the three-tenths of 1 percent THC limit established in this division.
(11)Except for an established agricultural research institution, a registrant that grows industrial hemp shall retain an original signed copy of the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing, transporting, or otherwise obtaining from the registrant that grows industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant.
(e)If, in the Attorney Generals opinion issued pursuant to Section 8 of the act that added this division, it is determined that the provisions of this section are not sufficient to comply with federal law, the department, in consultation with the board, shall establish procedures for this section that meet the requirements of federal law.
SEC. 6.Section 81007 is added to the Food and Agricultural Code, to read:81007.As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot program pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) in accordance with the purposes of that section.
SEC. 7.Section 81011 is added to the Food and Agricultural Code, to read:81011.Before cultivating industrial hemp, an established agricultural research institution shall provide the Global Positioning System coordinates of the planned cultivation site to the commissioner of the county in which the site is located.
SEC. 8.Section 11018.5 of the Health and Safety Code is amended to read:11018.5.(a)Industrial hemp means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(b)Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
SEC. 9.The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act, for the following reason:
By removing limitations on the manner in which industrial hemp may be grown and the uses for which it may be grown, this act removes barriers to the growth of industrial hemp as an agricultural product, and for agricultural or academic research.
(a)Except when grown by an established agricultural research institution or by a seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars, or produced by clonal propagation of industrial hemp that is on the list of approved seed cultivars and therefore genetically identical to, and capable of exhibiting the same range of characteristics as, the parent cultivar.
(b)The list of approved seed cultivars shall include all of the following:
(1)Industrial hemp seed cultivars that have been certified by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers Association.
(2)Industrial hemp seed cultivars that have been certified by the Organization of Economic Cooperation and Development.
(3)California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency pursuant to Article 6.5 (commencing with Section 52401) of Chapter 2 of Division 18.
(c)(1)Upon recommendation by the board or the department, the secretary may update the list of approved seed cultivars by adding, amending, or removing seed cultivars.
(1)(2)The adoption, amendment, or repeal of the list of approved seed cultivars, and the adoption of a methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars, pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2)(3)The department, in consultation with the board, shall hold at least one public hearing with public comment to determine the methodology and procedure by which a seed cultivar is added, amended, or removed from the list of approved seed cultivars.
(3)(4)The department shall finalize the methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars and send the methodology and procedure to the Office of Administrative Law. The Office of Administrative Law shall file the methodology and procedure promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The methodology and procedure shall do all of the following:
(A)Indicate that the methodology and procedure are adopted pursuant to this division.
(B)State that the methodology and procedure are being transmitted for filing.
(C)Request that the Office of Administrative Law publish a notice of the filing of the methodology and procedure and print an appropriate reference in Title 3 of the California Code of Regulations.
(d)The department, in consultation with the board, may determine the manner in which the public is given notice of the list of approved seed cultivars, and any addition, amendment, or removal from that list.
SEC. 2.Section 81003 of the Food and Agricultural Code is amended to read:81003.(a)(1)Except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation.
(2)An established agricultural research institution, before cultivating industrial hemp, shall notify the commissioner of the county in which the institution intends to engage in cultivation. The notification shall include the Global Positioning System coordinates of the proposed cultivation site.(b)(1)An applicant for registration pursuant to paragraph (1) of subdivision (a)(2)The application shall include in the application all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown, including the state or county of origin.
(2)(3)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew his or her registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(c)(b)If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a registration to the applicant.
(d)(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(e)(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(f)(e)The commissioner shall transmit information collected under this section to the department.
SEC. 3.Section 81004 of the Food and Agricultural Code is amended to read:81004.(a)(1)Except when grown by an established agricultural research institution, and before cultivation, a seed breeder shall register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation.
(1)(2)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown for seed production, including the state or county of origin.
(D)If an applicant intends to develop a new California seed cultivar to be certified by a seed-certifying agency, the applicant shall include all of the following:
(i)The name of the seed-certifying agency that will be conducting the certification.
(ii)The industrial hemp varieties that will be used in the development of the new California seed cultivar.
(iii)A seed development plan specifying how the listed industrial hemp varieties will be used in the development of the new seed cultivar, measures that will be taken to prevent the unlawful use of industrial hemp or seed cultivars under this division, and a procedure for the maintenance of records documenting the development of the new seed cultivar.
(2)(3)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew its registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a seed breeder registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)A registrant developing a new California seed cultivar who wishes to change any provision of the seed development plan shall submit to the commissioner the revised seed development plan. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that he or she may cultivate under the revised seed development plan.
(f)All records pertaining to the seed development plan shall be kept and maintained by the seed breeder and be available upon request by the commissioner, a law enforcement agency, or a seed certifying agency.
(g)The commissioner shall transmit information collected under this section to the department.
SEC. 4.Section 81005 of the Food and Agricultural Code is amended to read:81005.(a)The department shall establish a registration fee and appropriate renewal fee to be paid by growers of industrial hemp for commercial purposes and seed breeders, not including an established agricultural research institution, to cover the actual costs of implementing, administering, and enforcing the provisions of this division.
(b)Fees established pursuant to subdivision (a) that are collected by the commissioners upon registration or renewal pursuant to Section 81003 or 81004, except for amounts retained pursuant to this subdivision, shall be forwarded, according to procedures set by the department, to the department for deposit into the Department of Food and Agriculture Fund to be used for the administration and enforcement of this division. A commissioner or the county, as appropriate, may retain the amount of a fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee.
(c)The board of supervisors of a county may establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing the provisions of this division, except for costs that are otherwise reimbursed pursuant to subdivision (b), to be charged and collected by the commissioner upon registrations or renewals required pursuant to Section 81003 or 81004 and retained by the commissioner or the county, as appropriate.
SEC. 5.Section 81006 of the Food and Agricultural Code is amended to read:81006.Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing.
(a)(1)Except when grown by an established agricultural research institution or a seed breeder, industrial hemp shall be grown only as a densely planted crop in acreages of not less than one-tenth of an acre at the same time.
(2)Seed breeders, for purposes of seed production, shall only grow industrial hemp as a densely planted crop in acreages of not less than one-tenth of an acre at the same time.
(3)Seed breeders, for purposes of developing a new California seed cultivar, shall grow industrial hemp as densely as possible in dedicated acreage of not less than one-tenth of an acre and in accordance with the seed development plan. The entire area of the dedicated acreage is not required to be used for the cultivation of the particular seed cultivar.
(b)Clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp.
(c)Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40.
(d)(1)Except when industrial hemp is grown by an established agricultural research institution, a registrant that grows industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown.
(1)(2)Sampling shall occur no more than 30 days before harvest.
(2)(3)The sample collected for THC testing shall be taken with the grower or seed breeder present. The sample shall consist of dried flowering tops from each of at least five randomly selected plants, with a comparable weight of flowering tops derived from each plant. The sample cut shall be made directly underneath the inflorescence found in the top one-third of each plant, so that each flowering top consists of stalks, stems, leaves, fruit-bearing parts, and, if present, seeds. The sample shall be prepared by drying these flowering tops, then milling and combining them into one sample. The department shall establish, by regulation, the sampling procedures, including all of the following:
(A)The number of plants to be sampled per field, and any composting of samples.
(B)The portions of the plant to be sampled.
(C)The plant parts to be included in a sample.
(D)Additional procedures as necessary to ensure accuracy and the sanitation of samples and fields.
(3)(4)The sample collected for THC testing shall be accompanied by the following documentation:
(A)The registrants proof of registration.
(B)Seed certification documentation for the seed cultivar used.
(C)The THC testing report for each certified seed cultivar used.
(4)(5)The laboratory test report shall be issued by a laboratory approved by the department department, using a department-approved testing method, and state indicate the percentage content of THC, THC on a dry-weight basis, indicate the date and location of samples taken, and state the Global Positioning System coordinates and total acreage of the crop. Laboratory testing shall be performed by gas chromatography with a flame ionization detector. If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the words PASSED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report. If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent, the words FAILED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report.
(5)(6)If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the laboratory shall provide the person who requested the testing not less than 10 original copies signed by an employee authorized by the laboratory and shall retain one or more original copies of the laboratory test report for a minimum of two years from its date of sampling.
(6)(7)If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent and does not exceed 1 percent, the registrant that grows industrial hemp shall submit additional samples for testing of the industrial hemp grown.
(7)(8)A registrant that grows industrial hemp shall destroy the industrial hemp grown upon receipt of a first laboratory test report indicating a percentage content of THC that exceeds 1 percent or a second laboratory test report pursuant to paragraph (6) (7) indicating a percentage content of THC that exceeds three-tenths of 1 percent but is less than 1 percent. If the percentage content of THC exceeds 1 percent, the destruction shall begin within 48 hours, and be completed within 7 days, after receipt of the laboratory test report. If the percentage content of THC in the second laboratory test report exceeds three-tenths of 1 percent but is less than 1 percent, the destruction shall take place as soon as practicable, but no later than 45 days after receipt of the second test report.
(8)(9)A registrant that intends to grow industrial hemp and who complies with this section shall not be prosecuted for the cultivation or possession of marijuana as a result of a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent but does not exceed 1 percent.
(9)(10)Established agricultural research institutions shall be permitted to cultivate or possess industrial hemp with a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent if that cultivation or possession contributes to the development of types of industrial hemp that will comply with the three-tenths of 1 percent THC limit established in this division.
(10)(11)Except for an established agricultural research institution, a registrant that grows industrial hemp shall retain an original signed copy of the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing, transporting, or otherwise obtaining from the registrant that grows industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant.
(e)If, in the Attorney Generals opinion issued pursuant to Section 8 of the act that added this division, it is determined that the provisions of this section are not sufficient to comply with federal law, the department, in consultation with the board, shall establish procedures for this section that meet the requirements of federal law.
SEC. 6.Section 81007 is added to the Food and Agricultural Code, to read:81007.As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot program pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) in accordance with the purposes of that section.
SEC. 7.Section 81011 is added to the Food and Agricultural Code, to read:81011.A city or county may, upon a finding that pollen drift from industrial hemp crops may pose a threat to licensed cannabis cultivators permitted by the city or county, prohibit growers from conducting, or otherwise limit growers conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether growers meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this section is effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the limitation.SEC. 7.Section 81011 is added to the Food and Agricultural Code, to read:81011.Before cultivating industrial hemp, an established agricultural research institution shall provide the Global Positioning System coordinates of the planned cultivation site to the commissioner of the county in which the site is located.
SEC. 8.Section 11018.5 of the Health and Safety Code is amended to read:11018.5.(a)Industrial hemp means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(b)Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
SEC. 9.The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act, for the following reason:
By removing limitations on the manner in which industrial hemp may be grown and the uses for which it may be grown, this act removes barriers to the growth of industrial hemp as an agricultural product, and for agricultural or academic research.
(a)Except when grown by an established agricultural research institution or by a seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars. cultivars, or produced by clonal propagation of industrial hemp that is on the list of approved seed cultivars and therefore genetically identical to, and capable of exhibiting the same range of characteristics as, the parent cultivar.
(b)The list of approved seed cultivars shall include all of the following:
(1)Industrial hemp seed cultivars that have been certified by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers Association.
(2)Industrial hemp seed cultivars that have been certified by the Organization of Economic Cooperation and Development.
(3)California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency pursuant to Article 6.5 (commencing with Section 52401) of Chapter 2 of Division 18.
(c)Upon recommendation by the board or the department, the secretary may update the list of approved seed cultivars by adding, amending, or removing seed cultivars.
(1)The adoption, amendment, or repeal of the list of approved seed cultivars, and the adoption of a methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars, pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2)The department, in consultation with the board, shall hold at least one public hearing with public comment to determine the methodology and procedure by which a seed cultivar is added, amended, or removed from the list of approved seed cultivars.
(3)The department shall finalize the methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars and send the methodology and procedure to the Office of Administrative Law. The Office of Administrative Law shall file the methodology and procedure promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The methodology and procedure shall do all of the following:
(A)Indicate that the methodology and procedure are adopted pursuant to this division.
(B)State that the methodology and procedure are being transmitted for filing.
(C)Request that the Office of Administrative Law publish a notice of the filing of the methodology and procedure and print an appropriate reference in Title 3 of the California Code of Regulations.
(d)The department, in consultation with the board, may determine the manner in which the public is given notice of the list of approved seed cultivars, and any addition, amendment, or removal from that list.
SEC. 2.Section 81003 of the Food and Agricultural Code is amended to read:81003.(a)(1)Except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation.
(1) The application(2)An established agricultural research institution, before cultivating industrial hemp, shall notify the commissioner of the county in which the institution intends to engage in cultivation. The notification shall include the Global Positioning System coordinates of the proposed cultivation site.
(b)(1)An applicant for registration pursuant to paragraph (1) of subdivision (a) shall include in the application all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown. grown, including the state or county of origin.
(2)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for two years, one year, after which the registrant shall renew his or her registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)(c)If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a registration to the applicant.
(c)(d)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)(e)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)(f)The commissioner shall transmit information collected under this section to the department.
SEC. 3.Section 81004 of the Food and Agricultural Code is amended to read:81004.(a)Except when grown by an established agricultural research institution, and before cultivation, a seed breeder shall register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation.
(1)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown for seed production. production, including the state or county of origin.
(D)If an applicant intends to develop a new California seed cultivar to be certified by a seed-certifying agency, the applicant shall include all of the following:
(i)The name of the seed-certifying agency that will be conducting the certification.
(ii)The industrial hemp varieties that will be used in the development of the new California seed cultivar.
(iii)A seed development plan specifying how the listed industrial hemp varieties will be used in the development of the new seed cultivar, measures that will be taken to prevent the unlawful use of industrial hemp or seed cultivars under this division, and a procedure for the maintenance of records documenting the development of the new seed cultivar.
(2)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for two years, one year, after which the registrant shall renew its registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a seed breeder registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)A registrant developing a new California seed cultivar who wishes to change any provision of the seed development plan shall submit to the commissioner the revised seed development plan. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that he or she may cultivate under the revised seed development plan.
(f)All records pertaining to the seed development plan shall be kept and maintained by the seed breeder and be available upon request by the commissioner, a law enforcement agency, or a seed certifying agency.
(g)The commissioner shall transmit information collected under this section to the department.
SEC. 4.Section 81005 of the Food and Agricultural Code is amended to read:81005.(a)The department shall establish a registration fee and appropriate renewal fee to be paid by growers of industrial hemp for commercial purposes and seed breeders, not including an established agricultural research institution, to cover the actual costs of implementing, administering, and enforcing the provisions of this division.
(b)Fees established pursuant to subdivision (a) that are collected by the commissioners upon registration or renewal pursuant to Section 81003 or 81004, except for amounts retained pursuant to this subdivision, shall be forwarded, according to procedures set by the department, to the department for deposit into the Department of Food and Agriculture Fund to be used for the administration and enforcement of this division. A commissioner or the county, as appropriate, may retain the amount of a fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee.
(c)The board of supervisors of a county may establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing the provisions of this division, except for costs that are otherwise reimbursed pursuant to subdivision (b), to be charged and collected by the commissioner upon registrations or renewals required pursuant to Section 81003 or 81004 and retained by the commissioner or the county, as appropriate.
SEC. 5.Section 81006 of the Food and Agricultural Code is amended to read:81006.Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing.
(a)(1)Except when grown by an established agricultural research institution or a seed breeder, industrial hemp shall be grown only as a densely planted crop in acreages of not less than one-tenth of an acre at the same time.
(2)Seed breeders, for purposes of seed production, shall only grow industrial hemp as a densely planted crop in acreages of not less than one-tenth of an acre at the same time.
(3)Seed breeders, for purposes of developing a new California seed cultivar, shall grow industrial hemp as densely as possible in dedicated acreage of not less than one-tenth of an acre and in accordance with the seed development plan. The entire area of the dedicated acreage is not required to be used for the cultivation of the particular seed cultivar.
(b)Clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp.
(c)Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40.
(d)Except when industrial hemp is grown by an established agricultural research institution, a registrant that grows industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown.
(1)Sampling shall occur as soon as practicable when the THC content of the leaves surrounding the seeds is at its peak and shall commence as the seeds begin to mature, when the first seeds of approximately 50 percent of the plants are resistant to compression. no more than 30 days before harvest.
(2)The entire fruit-bearing part of the plant including the seeds shall be used as a sample. The sample collected for THC testing shall be taken with the grower or seed breeder present. The sample shall consist of dried flowering tops from each of at least five randomly selected plants, with a comparable weight of flowering tops derived from each plant. The sample cut shall be made directly underneath the inflorescence found in the top one-third of the plant. each plant, so that each flowering top consists of stalks, stems, leaves, fruit-bearing parts, and, if present, seeds. The sample shall be prepared by drying these flowering tops, then milling and combining them into one sample.(3)The sample collected for THC testing shall be accompanied by the following documentation:
(A)The registrants proof of registration.
(B)Seed certification documentation for the seed cultivar used.
(C)The THC testing report for each certified seed cultivar used.
(4)The laboratory test report shall be issued by a laboratory approved by the department and state the percentage content of THC, indicate the date and location of samples taken, and state the Global Positioning System coordinates and total acreage of the crop. Laboratory testing shall be performed by gas chromatography with a flame ionization detector. If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the words PASSED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report. If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent, the words FAILED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report.
(5)If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the laboratory shall provide the person who requested the testing not less than 10 original copies signed by an employee authorized by the laboratory and shall retain one or more original copies of the laboratory test report for a minimum of two years from its date of sampling.
(6)If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent and does not exceed 1 percent, the registrant that grows industrial hemp shall submit additional samples for testing of the industrial hemp grown.
(7)A registrant that grows industrial hemp shall destroy the industrial hemp grown upon receipt of a first laboratory test report indicating a percentage content of THC that exceeds 1 percent or a second laboratory test report pursuant to paragraph (6) indicating a percentage content of THC that exceeds three-tenths of 1 percent but is less than 1 percent. If the percentage content of THC exceeds 1 percent, the destruction shall take place begin within 48 hours hours, and be completed within 7 days, after receipt of the laboratory test report. If the percentage content of THC in the second laboratory test report exceeds three-tenths of 1 percent but is less than 1 percent, the destruction shall take place as soon as practicable, but no later than 45 days after receipt of the second test report.
(8)A registrant that intends to grow industrial hemp and who complies with this section shall not be prosecuted for the cultivation or possession of marijuana as a result of a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent but does not exceed 1 percent.
(9)Established agricultural research institutions shall be permitted to cultivate or possess industrial hemp with a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent if that cultivation or possession contributes to the development of types of industrial hemp that will comply with the three-tenths of 1 percent THC limit established in this division.
(10)Except for an established agricultural research institution, a registrant that grows industrial hemp shall retain an original signed copy of the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing, transporting, or otherwise obtaining from the registrant that grows industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant.
(e)If, in the Attorney Generals opinion issued pursuant to Section 8 of the act that added this division, it is determined that the provisions of this section are not sufficient to comply with federal law, the department, in consultation with the board, shall establish procedures for this section that meet the requirements of federal law.
SEC. 6.Section 81007 is added to the Food and Agricultural Code, to read:81007.As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot program pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) in accordance with the purposes of that section.
SEC. 7.Section 81011 is added to the Food and Agricultural Code, to read:81011.A city or county may, upon a finding that pollen drift from industrial hemp crops may pose a threat to licensed cannabis cultivators permitted by the city or county, prohibit growers from conducting, or otherwise limit growers conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether growers meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this section is effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the limitation.
SEC. 8.Section 11018.5 of the Health and Safety Code is amended to read:11018.5.(a)Industrial hemp means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(b)Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
(a)Except when grown by an established agricultural research institution or by a seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
(b)The list of approved seed cultivars shall include all of the following:
(1)Industrial hemp seed cultivars that have been certified by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers Association.
(2)Industrial hemp seed cultivars that have been certified by the Organization of Economic Cooperation and Development.
(3)California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency pursuant to Article 6.5 (commencing with Section 52401) of Chapter 2 of Division 18.
(c)Upon recommendation by the board or the department, the secretary may update the list of approved seed cultivars by adding, amending, or removing seed cultivars.
(1)The adoption, amendment, or repeal of the list of approved seed cultivars, and the adoption of a methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars, pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2)The department, in consultation with the board, shall hold at least one public hearing with public comment to determine the methodology and procedure by which a seed cultivar is added, amended, or removed from the list of approved seed cultivars.
(3)The department shall finalize the methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars and send the methodology and procedure to the Office of Administrative Law. The Office of Administrative Law shall file the methodology and procedure promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The methodology and procedure shall do all of the following:
(A)Indicate that the methodology and procedure are adopted pursuant to this division.
(B)State that the methodology and procedure are being transmitted for filing.
(C)Request that the Office of Administrative Law publish a notice of the filing of the methodology and procedure and print an appropriate reference in Title 3 of the California Code of Regulations.
(d)The department, in consultation with the board, may determine the manner in which the public is given notice of the list of approved seed cultivars, and any addition, amendment, or removal from that list.
SEC. 2.Section 81003 of the Food and Agricultural Code is amended to read:81003.(a)Except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation.
(1)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown.
(2)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for two years, after which the registrant shall renew his or her registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)Subject to subdivision (f), if If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)The commissioner shall transmit information collected under this section to the department.
(f)A city or county may prohibit growers from conducting, or otherwise limit growers conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether growers meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the limitation.SEC. 3.Section 81004 of the Food and Agricultural Code is amended to read:81004.(a)Except when grown by an established agricultural research institution, and before cultivation, a seed breeder shall register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation.
(1)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown for seed production.
(D)If an applicant intends to develop a new California seed cultivar to be certified by a seed-certifying agency, the applicant shall include all of the following:
(i)The name of the seed-certifying agency that will be conducting the certification.
(ii)The industrial hemp varieties that will be used in the development of the new California seed cultivar.
(iii)A seed development plan specifying how the listed industrial hemp varieties will be used in the development of the new seed cultivar, measures that will be taken to prevent the unlawful use of industrial hemp or seed cultivars under this division, and a procedure for the maintenance of records documenting the development of the new seed cultivar.
(2)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for two years, after which the registrant shall renew its registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)Subject to subdivision (h), if If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a seed breeder registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)A registrant developing a new California seed cultivar who wishes to change any provision of the seed development plan shall submit to the commissioner the revised seed development plan. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that he or she may cultivate under the revised seed development plan.
(f)All records pertaining to the seed development plan shall be kept and maintained by the seed breeder and be available upon request by the commissioner, a law enforcement agency, or a seed certifying agency.
(g)The commissioner shall transmit information collected under this section to the department.
(h)A city or county may prohibit seed breeders from conducting, or otherwise limit seed breeders conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether the seed breeders meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the limitation.SEC. 4.Section 81005 of the Food and Agricultural Code is amended to read:81005.(a)The department shall establish a registration fee and appropriate renewal fee to be paid by growers of industrial hemp for commercial purposes and seed breeders, not including an established agricultural research institution, to cover the actual costs of implementing, administering, and enforcing the provisions of this division.
(b)Fees established pursuant to subdivision (a) that are collected by the commissioners upon registration or renewal pursuant to Section 81003 or 81004 81004, except for amounts retained pursuant to this subdivision, shall be forwarded, according to procedures set by the department, to the department for deposit into the Department of Food and Agriculture Fund to be used for the administration and enforcement of this division. A commissioner or the county, as appropriate, may retain the amount of a fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee.
(c)The board of supervisors of a county may establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing the provisions of this division, except for costs that are otherwise reimbursed pursuant to subdivision (b), to be charged and collected by the commissioner upon registrations or renewals required pursuant to Section 81003 or 81004 and retained by the commissioner or the county, as appropriate.
SEC. 4.SEC. 5.Section 81006 of the Food and Agricultural Code is amended to read:81006.Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing.
(a)(1)Except when grown by an established agricultural research institution or a seed breeder, industrial hemp shall be grown only as a densely planted crop in acreages of not less than one-tenth of an acre at the same time.
(2)Seed breeders, for purposes of seed production, shall only grow industrial hemp as a densely planted crop in acreages of not less than one-tenth of an acre at the same time.
(3)Seed breeders, for purposes of developing a new California seed cultivar, shall grow industrial hemp as densely as possible in dedicated acreage of not less than one-tenth of an acre and in accordance with the seed development plan. The entire area of the dedicated acreage is not required to be used for the cultivation of the particular seed cultivar.
(b)Clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp.
(c)Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40.
(d)Except when industrial hemp is grown by an established agricultural research institution, a registrant that grows industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown.
(1)Sampling shall occur as soon as practicable when the THC content of the leaves surrounding the seeds is at its peak and shall commence as the seeds begin to mature, when the first seeds of approximately 50 percent of the plants are resistant to compression.
(2)The entire fruit-bearing part of the plant including the seeds shall be used as a sample. The sample cut shall be made directly underneath the inflorescence found in the top one-third of the plant.
(3)The sample collected for THC testing shall be accompanied by the following documentation:
(A)The registrants proof of registration.
(B)Seed certification documentation for the seed cultivar used.
(C)The THC testing report for each certified seed cultivar used.
(4)The laboratory test report shall be issued by a laboratory approved by the department and state the percentage content of THC, indicate the date and location of samples taken, and state the Global Positioning System coordinates and total acreage of the crop. If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the words PASSED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report. If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent, the words FAILED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report.
(5)If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the laboratory shall provide the person who requested the testing not less than 10 original copies signed by an employee authorized by the laboratory and shall retain one or more original copies of the laboratory test report for a minimum of two years from its date of sampling.
(6)If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent and does not exceed 1 percent, the registrant that grows industrial hemp shall submit additional samples for testing of the industrial hemp grown.
(7)A registrant that grows industrial hemp shall destroy the industrial hemp grown upon receipt of a first laboratory test report indicating a percentage content of THC that exceeds 1 percent or a second laboratory test report pursuant to paragraph (6) indicating a percentage content of THC that exceeds three-tenths of 1 percent but is less than 1 percent. If the percentage content of THC exceeds 1 percent, the destruction shall take place within 48 hours after receipt of the laboratory test report. If the percentage content of THC in the second laboratory test report exceeds three-tenths of 1 percent but is less than 1 percent, the destruction shall take place as soon as practicable, but no later than 45 days after receipt of the second test report.
(8)A registrant that intends to grow industrial hemp and who complies with this section shall not be prosecuted for the cultivation or possession of marijuana as a result of a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent but does not exceed 1 percent.
(9)Established agricultural research institutions shall be permitted to cultivate or possess industrial hemp with a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent if that cultivation or possession contributes to the development of types of industrial hemp that will comply with the three-tenths of 1 percent THC limit established in this division.
(10)Except for an established agricultural research institution, a registrant that grows industrial hemp shall retain an original signed copy of the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing, transporting, or otherwise obtaining from the registrant that grows industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant.
(e)If, in the Attorney Generals opinion issued pursuant to Section 8 of the act that added this division, it is determined that the provisions of this section are not sufficient to comply with federal law, the department, in consultation with the board, shall establish procedures for this section that meet the requirements of federal law.
SEC. 5.SEC. 6.Section 81007 is added to the Food and Agricultural Code, to read:81007.As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot program pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) in accordance with the purposes of that section.
SEC. 6.SEC. 7.Section 81011 is added to the Food and Agricultural Code, to read:81011.A city or county may, upon a finding that pollen drift from industrial hemp crops may pose a threat to licensed cannabis cultivators permitted by the city or county, prohibit growers from conducting, or otherwise limit growers conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether growers meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this section is effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the limitation.
SEC. 7.SEC. 8.Section 11018.5 of the Health and Safety Code is amended to read:11018.5.(a)Industrial hemp means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(b)Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
REVISIONS: HeadingLine 3.(a)Except when grown by an established agricultural research institution or by a seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
(b)The list of approved seed cultivars shall include all of the following:
(1)Industrial hemp seed cultivars that have been certified by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers Association.
(2)Industrial hemp seed cultivars that have been certified by the Organization of Economic Cooperation and Development.
(3)California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency pursuant to Article 6.5 (commencing with Section 52401) of Chapter 2 of Division 18.
(c)Upon recommendation by the board or the department, the secretary may update the list of approved seed cultivars by adding, amending, or removing seed cultivars.
(1)The adoption, amendment, or repeal of the list of approved seed cultivars, and the adoption of a methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars, pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2)The department, in consultation with the board, shall hold at least one public hearing with public comment to determine the methodology and procedure by which a seed cultivar is added, amended, or removed from the list of approved seed cultivars.
(3)The department shall finalize the methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars and send the methodology and procedure to the Office of Administrative Law. The Office of Administrative Law shall file the methodology and procedure promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The methodology and procedure shall do all of the following:
(A)Indicate that the methodology and procedure are adopted pursuant to this division.
(B)State that the methodology and procedure are being transmitted for filing.
(C)Request that the Office of Administrative Law publish a notice of the filing of the methodology and procedure and print an appropriate reference in Title 3 of the California Code of Regulations.
(d)The department, in consultation with the board, may determine the manner in which the public is given notice of the list of approved seed cultivars, and any addition, amendment, or removal from that list.
SEC. 2.Section 81003 of the Food and Agricultural Code is amended to read:81003.(a)Except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation.
(1)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown.
(2)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for two years, after which the registrant shall renew his or her registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)Subject to subdivision (f), if the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)The commissioner shall transmit information collected under this section to the department.
(f)A city or county may prohibit growers from conducting, or otherwise limit growers conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether growers meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the limitation.
SEC. 3.Section 81004 of the Food and Agricultural Code is amended to read:81004.(a)Except when grown by an established agricultural research institution, and before cultivation, a seed breeder shall register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation.
(1)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown for seed production.
(D)If an applicant intends to develop a new California seed cultivar to be certified by a seed-certifying agency, the applicant shall include all of the following:
(i)The name of the seed-certifying agency that will be conducting the certification.
(ii)The industrial hemp varieties that will be used in the development of the new California seed cultivar.
(iii)A seed development plan specifying how the listed industrial hemp varieties will be used in the development of the new seed cultivar, measures that will be taken to prevent the unlawful use of industrial hemp or seed cultivars under this division, and a procedure for the maintenance of records documenting the development of the new seed cultivar.
(2)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for two years, after which the registrant shall renew its registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)Subject to subdivision (h), if the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a seed breeder registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)A registrant developing a new California seed cultivar who wishes to change any provision of the seed development plan shall submit to the commissioner the revised seed development plan. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that he or she may cultivate under the revised seed development plan.
(f)All records pertaining to the seed development plan shall be kept and maintained by the seed breeder and be available upon request by the commissioner, a law enforcement agency, or a seed certifying agent. agency.
(g)The commissioner shall transmit information collected under this section to the department.
(h)A city or county may prohibit seed breeders from conducting, or otherwise limit seed breeders conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether the seed breeders meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the limitation.
SEC. 4.Section 81006 of the Food and Agricultural Code is amended to read:81006.Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing.
(a)(1)Except when grown by an established agricultural research institution or a seed breeder, industrial hemp shall be grown only as a densely planted crop in acreages of not less than one-tenth of an acre at the same time.
(2)Seed breeders, for purposes of seed production, shall only grow industrial hemp as a densely planted crop in acreages of not less than one-tenth of an acre at the same time.
(3)Seed breeders, for purposes of developing a new California seed cultivar, shall grow industrial hemp as densely as possible in dedicated acreage of not less than one-tenth of an acre and in accordance with the seed development plan. The entire area of the dedicated acreage is not required to be used for the cultivation of the particular seed cultivar.
(b)Clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp.
(c)Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40.
(d)Except when industrial hemp is grown by an established agricultural research institution, a registrant that grows industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown.
(1)Sampling shall occur as soon as practicable when the THC content of the leaves surrounding the seeds is at its peak and shall commence as the seeds begin to mature, when the first seeds of approximately 50 percent of the plants are resistant to compression.
(2)The entire fruit-bearing part of the plant including the seeds shall be used as a sample. The sample cut shall be made directly underneath the inflorescence found in the top one-third of the plant.
(3)The sample collected for THC testing shall be accompanied by the following documentation:
(A)The registrants proof of registration.
(B)Seed certification documentation for the seed cultivar used.
(C)The THC testing report for each certified seed cultivar used.
(4)The laboratory test report shall be issued by a laboratory registered with the federal Drug Enforcement Administration, shall approved by the department and state the percentage content of THC, shall indicate the date and location of samples taken, and shall state the Global Positioning System coordinates and total acreage of the crop. If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the words PASSED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report. If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent, the words FAILED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report.
(5)If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the laboratory shall provide the person who requested the testing not less than 10 original copies signed by an employee authorized by the laboratory and shall retain one or more original copies of the laboratory test report for a minimum of two years from its date of sampling.
(6)If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent and does not exceed 1 percent, the registrant that grows industrial hemp shall submit additional samples for testing of the industrial hemp grown.
(7)A registrant that grows industrial hemp shall destroy the industrial hemp grown upon receipt of a first laboratory test report indicating a percentage content of THC that exceeds 1 percent or a second laboratory test report pursuant to paragraph (6) indicating a percentage content of THC that exceeds three-tenths of 1 percent but is less than 1 percent. If the percentage content of THC exceeds 1 percent, the destruction shall take place within 48 hours after receipt of the laboratory test report. If the percentage content of THC in the second laboratory test report exceeds three-tenths of 1 percent but is less than 1 percent, the destruction shall take place as soon as practicable, but no later than 45 days after receipt of the second test report.
(8)A registrant that intends to grow industrial hemp and who complies with this section shall not be prosecuted for the cultivation or possession of marijuana as a result of a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent but does not exceed 1 percent.
(9)Established agricultural research institutions shall be permitted to cultivate or possess industrial hemp with a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent if that cultivation or possession contributes to the development of types of industrial hemp that will comply with the three-tenths of 1 percent THC limit established in this division.
(10)Except for an established agricultural research institution, a registrant that grows industrial hemp shall retain an original signed copy of the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing, transporting, or otherwise obtaining from the registrant that grows industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant.
(e)If, in the Attorney Generals opinion issued pursuant to Section 8 of the act that added this division, it is determined that the provisions of this section are not sufficient to comply with federal law, the department, in consultation with the board, shall establish procedures for this section that meet the requirements of federal law.
SEC. 5.Section 81007 is added to the Food and Agricultural Code, to read:81007.As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot program pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) in accordance with the purposes of that section.
SEC. 6.Section 81011 is added to the Food and Agricultural Code, to read:81011.A city or county may, upon a finding that pollen drift from industrial hemp crops may pose a threat to licensed cannabis cultivators permitted by the city or county, prohibit growers from conducting, or otherwise limit growers conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether growers meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this section is effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the limitation.
SEC. 6.SEC. 7.Section 11018.5 of the Health and Safety Code is amended to read:11018.5.(a)Industrial hemp means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(b)Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
(a)Except when grown by an established agricultural research institution or by a seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
(b)The list of approved seed cultivars shall include all of the following:
(1)Industrial hemp seed cultivars that have been certified by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers Association.
(2)Industrial hemp seed cultivars that have been certified by the Organization of Economic Cooperation and Development.
(3)California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency pursuant to Article 6.5 (commencing with Section 52401) of Chapter 2 of Division 18.
(c)Upon recommendation by the board or the department, the secretary may update the list of approved seed cultivars by adding, amending, or removing seed cultivars.
(1)The adoption, amendment, or repeal of the list of approved seed cultivars, and the adoption of a methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars, pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2)The department, in consultation with the board, shall hold at least one public hearing with public comment to determine the methodology and procedure by which a seed cultivar is added, amended, or removed from the list of approved seed cultivars.
(3)The department shall finalize the methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars and send the methodology and procedure to the Office of Administrative Law. The Office of Administrative Law shall file the methodology and procedure promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The methodology and procedure shall do all of the following:
(A)Indicate that the methodology and procedure are adopted pursuant to this division.
(B)State that the methodology and procedure are being transmitted for filing.
(C)Request that the Office of Administrative Law publish a notice of the filing of the methodology and procedure and print an appropriate reference in Title 3 of the California Code of Regulations.
(d)The department, in consultation with the board, may determine the manner in which the public is given notice of the list of approved seed cultivars, and any addition, amendment, or removal from that list.
SEC. 3.SEC. 2.Section 81003 of the Food and Agricultural Code is amended to read:81003.(a)Except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation.
(1)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown.
(2)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for two years, after which the registrant shall renew his or her registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)If Subject to subdivision (f), if the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)The commissioner shall transmit information collected under this section to the department.
(f)A city or county may waive the requirements of this section prohibit growers from conducting, or otherwise limit growers conduct of, industrial hemp cultivation in the city or county by local ordinance. ordinance, regardless of whether growers meet, or are exempt from, requirements for registration pursuant to this division or any other law. A waiver limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the waiver. limitation.
SEC. 4.SEC. 3.Section 81004 of the Food and Agricultural Code is amended to read:81004.(a)Except when grown by an established agricultural research institution, and before cultivation, a seed breeder shall register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation.
(1)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown for seed production.
(D)If an applicant intends to develop a new California seed cultivar to be certified by a seed-certifying agency, the applicant shall include all of the following:
(i)The name of the seed-certifying agency that will be conducting the certification.
(ii)The industrial hemp varieties that will be used in the development of the new California seed cultivar.
(iii)A seed development plan specifying how the listed industrial hemp varieties will be used in the development of the new seed cultivar, measures that will be taken to prevent the unlawful use of industrial hemp or seed cultivars under this division, and a procedure for the maintenance of records documenting the development of the new seed cultivar.
(2)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for two years, after which the registrant shall renew its registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)If Subject to subdivision (h), if the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a seed breeder registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)A registrant developing a new California seed cultivar who wishes to change any provision of the seed development plan shall submit to the commissioner the revised seed development plan. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that he or she may cultivate under the revised seed development plan.
(f)All records pertaining to the seed development plan shall be kept and maintained by the seed breeder and be available upon request by the commissioner, a law enforcement agency, or a seed certifying agent.
(g)The commissioner shall transmit information collected under this section to the department.
(h)A city or county may waive the requirements of this section prohibit seed breeders from conducting, or otherwise limit seed breeders conduct of, industrial hemp cultivation in the city or county by local ordinance. ordinance, regardless of whether the seed breeders meet, or are exempt from, requirements for registration pursuant to this division or any other law. A waiver limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the waiver. limitation.
SEC. 5.SEC. 4.Section 81006 of the Food and Agricultural Code is amended to read:81006.Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing.
(a)(1)Except when grown by an established agricultural research institution or a seed breeder, industrial hemp shall be grown only as a densely planted crop in acreages of not less than one-tenth of an acre at the same time.
(2)Seed breeders, for purposes of seed production, shall only grow industrial hemp as a densely planted crop in acreages of not less than one-tenth of an acre at the same time.
(3)Seed breeders, for purposes of developing a new California seed cultivar, shall grow industrial hemp as densely as possible in dedicated acreage of not less than one-tenth of an acre and in accordance with the seed development plan. The entire area of the dedicated acreage is not required to be used for the cultivation of the particular seed cultivar.
(b)Ornamental and clandestine Clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp.
(c)Pruning and tending of individual industrial hemp plants is prohibited, except when grown by an established agricultural research institution or when the action is necessary to perform the tetrahydrocannabinol (THC) testing described in this section.(d)Culling of industrial hemp is prohibited, except when grown by an established agricultural research institution, when the action is necessary to perform the THC testing described in this section, or for purposes of seed production and development by a seed breeder.(e)(c)Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40.
(f)(d)Except when industrial hemp is grown by an established agricultural research institution, a grower of registrant that grows industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown.
(1)Sampling shall occur as soon as practicable when the THC content of the leaves surrounding the seeds is at its peak and shall commence as the seeds begin to mature, when the first seeds of approximately 50 percent of the plants are resistant to compression.
(2)The entire fruit-bearing part of the plant including the seeds shall be used as a sample. The sample cut shall be made directly underneath the inflorescence found in the top one-third of the plant.
(3)The sample collected for THC testing shall be accompanied by the following documentation:
(A)The growers registrants proof of registration, if applicable. registration.
(B)Seed certification documentation for the seed cultivar used.
(C)The THC testing report for each certified seed cultivar used.
(4)The laboratory test report shall be issued by a laboratory registered with the federal Drug Enforcement Administration, shall state the percentage content of THC, shall indicate the date and location of samples taken, and shall state the Global Positioning System coordinates and total acreage of the crop. If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the words PASSED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report. If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent, the words FAILED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report.
(5)If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the laboratory shall provide the person who requested the testing not less than 10 original copies signed by an employee authorized by the laboratory and shall retain one or more original copies of the laboratory test report for a minimum of two years from its date of sampling.
(6)If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent and does not exceed 1 percent, the grower of registrant that grows industrial hemp shall submit additional samples for testing of the industrial hemp grown.
(7)A grower of registrant that grows industrial hemp shall destroy the industrial hemp grown upon receipt of a first laboratory test report indicating a percentage content of THC that exceeds 1 percent or a second laboratory test report pursuant to paragraph (6) indicating a percentage content of THC that exceeds three-tenths of 1 percent but is less than 1 percent. If the percentage content of THC exceeds 1 percent, the destruction shall take place within 48 hours after receipt of the laboratory test report. If the percentage content of THC in the second laboratory test report exceeds three-tenths of 1 percent but is less than 1 percent, the destruction shall take place as soon as practicable, but no later than 45 days after receipt of the second test report.
(8)A person registrant that intends to grow industrial hemp and who complies with this section shall not be prosecuted for the cultivation or possession of marijuana as a result of a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent but does not exceed 1 percent.
(9)Established agricultural research institutions shall be permitted to cultivate or possess industrial hemp with a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent if that cultivation or possession contributes to the development of types of industrial hemp that will comply with the three-tenths of 1 percent THC limit established in this division.
(10)Except for an established agricultural research institution, a grower of registrant that grows industrial hemp shall retain an original signed copy of the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing, transporting, or otherwise obtaining from the grower of registrant that grows industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant.
(g)(e)If, in the Attorney Generals opinion issued pursuant to Section 8 of the act that added this division, it is determined that the provisions of this section are not sufficient to comply with federal law, the department, in consultation with the board, shall establish procedures for this section that meet the requirements of federal law.
SEC. 6.SEC. 5.Section 81007 is added to the Food and Agricultural Code, to read:81007.As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot program pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) in accordance with the purposes of that section.
SEC. 7.SEC. 6.Section 11018.5 of the Health and Safety Code is amended to read:11018.5.(a)Industrial hemp means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(b)Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
Definitions.
For purposes of this division, the following terms have the following meanings:
(a)Board means the Industrial Hemp Advisory Board.
(b)Commissioner means the county agricultural commissioner.
(c)Established agricultural research institution means any institution that is either:
(1)A public or private institution or organization that maintains land or facilities for agricultural research, including colleges, universities, agricultural research centers, and conservation research centers; or
(2)An institution of higher education (as defined in Section 1001 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that grows, cultivates or manufactures industrial hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research.
(d)Industrial hemp has the same meaning as that term is defined in Section 11018.5 of the Health and Safety Code.
(e)Secretary means the Secretary of Food and Agriculture.
(f)Seed breeder means an individual or public or private institution or organization that is registered with the commissioner to develop seed cultivars intended for sale or research. research, unless subject to a waiver pursuant to subdivision (h) of Section 81004.
(g)Seed cultivar means a variety of industrial hemp.
(h)Seed development plan means a strategy devised by a seed breeder, or applicant seed breeder, detailing his or her planned approach to growing and developing a new seed cultivar for industrial hemp.
SEC. 2.Section 81002 of the Food and Agricultural Code is amended to read:81002.(a)Except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
(b)The list of approved seed cultivars shall include all of the following:
(1)Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers Association.
(2)Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by the Organization of Economic Cooperation and Development.
(3)California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency pursuant to Article 6.5 (commencing with Section 52401) of Chapter 2 of Division 18.
(c)Upon recommendation by the board or the department, the secretary may update the list of approved seed cultivars by adding, amending, or removing seed cultivars.
(1)The adoption, amendment, or repeal of the list of approved seed cultivars, and the adoption of a methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars, pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2)The department, in consultation with the board, shall hold at least one public hearing with public comment to determine the methodology and procedure by which a seed cultivar is added, amended, or removed from the list of approved seed cultivars.
(3)The department shall finalize the methodology and procedure to add, amend, or remove a seed cultivar from the list of approved seed cultivars and send the methodology and procedure to the Office of Administrative Law. The Office of Administrative Law shall file the methodology and procedure promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The methodology and procedure shall do all of the following:
(A)Indicate that the methodology and procedure are adopted pursuant to this division.
(B)State that the methodology and procedure are being transmitted for filing.
(C)Request that the Office of Administrative Law publish a notice of the filing of the methodology and procedure and print an appropriate reference in Title 3 of the California Code of Regulations.
(d)The department, in consultation with the board, may determine the manner in which the public is given notice of the list of approved seed cultivars, and any addition, amendment, or removal from that list.
SEC. 3.Section 81003 of the Food and Agricultural Code is amended to read:81003.(a)Except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation.
(1)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop. grown.
(2)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for two years, after which the registrant shall renew his or her registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)The commissioner shall transmit information collected under this section to the department.
(f)A city or county may waive the requirements of this section by local ordinance. A waiver pursuant to this subdivision shall be effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the waiver.
SEC. 4.Section 81004 of the Food and Agricultural Code is amended to read:81004.(a)Except when grown by an established agricultural research institution, and before cultivation, a seed breeder shall register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation.
(1)The application shall include all of the following:
(A)The name, physical address, and mailing address of the applicant.
(B)The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C)The approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, as a dual purpose crop, or grown for seed production.
(D)If an applicant intends to develop a new California seed cultivar to be certified by a seed-certifying agency, the applicant shall include all of the following:
(i)The name of the seed-certifying agency that will be conducting the certification.
(ii)The industrial hemp varieties that will be used in the development of the new California seed cultivar.
(iii)A seed development plan specifying how the listed industrial hemp varieties will be used in the development of the new seed cultivar, measures that will be taken to prevent the unlawful use of industrial hemp or seed cultivars under this division, and a procedure for the maintenance of records documenting the development of the new seed cultivar.
(2)(A)The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B)A registration issued pursuant to this section shall be valid for two years, after which the registrant shall renew its registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b)If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a seed breeder registration to the applicant.
(c)A registrant that wishes to alter the land area on which the registrant conducts industrial hemp cultivation, storage, or both, shall, before altering the area, submit to the commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate industrial hemp on the altered land area.
(d)A registrant that wishes to change the seed cultivar grown shall submit to the commissioner the name of the new, approved seed cultivar to be grown. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that it may cultivate the new seed cultivar.
(e)A registrant developing a new California seed cultivar who wishes to change any provision of the seed development plan shall submit to the commissioner the revised seed development plan. Once the commissioner has received the change to the registration, the commissioner shall notify the registrant that he or she may cultivate under the revised seed development plan.
(f)All records pertaining to the seed development plan shall be kept and maintained by the seed breeder and be available upon request by the commissioner, a law enforcement agency, or a seed certifying agent.
(g)The commissioner shall transmit information collected under this section to the department.
(h)A city or county may waive the requirements of this section by local ordinance. A waiver pursuant to this subdivision shall be effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the waiver.
SEC. 5.Section 81006 of the Food and Agricultural Code is amended to read:81006.Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing.
(a)(1)Except when grown by an established agricultural research institution or a registered seed breeder, industrial hemp shall be grown only as a densely planted fiber or oilseed crop, or both, crop in acreages of not less than one-tenth of an acre at the same time.
(2)Registered seed Seed breeders, for purposes of seed production, shall only grow industrial hemp as a densely planted crop in acreages of not less than one-tenth of an acre at the same time.
(3)Registered seed Seed breeders, for purposes of developing a new California seed cultivar, shall grow industrial hemp as densely as possible in dedicated acreage of not less than one-tenth of an acre and in accordance with the seed development plan. The entire area of the dedicated acreage is not required to be used for the cultivation of the particular seed cultivar.
(b)Ornamental and clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp.
(c)Pruning and tending of individual industrial hemp plants is prohibited, except when grown by an established agricultural research institution or when the action is necessary to perform the tetrahydrocannabinol (THC) testing described in this section.
(d)Culling of industrial hemp is prohibited, except when grown by an established agricultural research institution, when the action is necessary to perform the THC testing described in this section, or for purposes of seed production and development by a registered seed breeder.
(e)Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40.
(f)Except when industrial hemp is grown by an established agricultural research institution, a registrant that grows grower of industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown.
(1)Sampling shall occur as soon as practicable when the THC content of the leaves surrounding the seeds is at its peak and shall commence as the seeds begin to mature, when the first seeds of approximately 50 percent of the plants are resistant to compression.
(2)The entire fruit-bearing part of the plant including the seeds shall be used as a sample. The sample cut shall be made directly underneath the inflorescence found in the top one-third of the plant.
(3)The sample collected for THC testing shall be accompanied by the following documentation:
(A)The registrants growers proof of registration. registration, if applicable.
(B)Seed certification documentation for the seed cultivar used.
(C)The THC testing report for each certified seed cultivar used.
(4)The laboratory test report shall be issued by a laboratory registered with the federal Drug Enforcement Administration, shall state the percentage content of THC, shall indicate the date and location of samples taken, and shall state the Global Positioning System coordinates and total acreage of the crop. If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the words PASSED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report. If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent, the words FAILED AS CALIFORNIA INDUSTRIAL HEMP shall appear at or near the top of the laboratory test report.
(5)If the laboratory test report indicates a percentage content of THC that is equal to or less than three-tenths of 1 percent, the laboratory shall provide the person who requested the testing not less than 10 original copies signed by an employee authorized by the laboratory and shall retain one or more original copies of the laboratory test report for a minimum of two years from its date of sampling.
(6)If the laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent and does not exceed 1 percent, the registrant that grows grower of industrial hemp shall submit additional samples for testing of the industrial hemp grown.
(7)A registrant that grows grower of industrial hemp shall destroy the industrial hemp grown upon receipt of a first laboratory test report indicating a percentage content of THC that exceeds 1 percent or a second laboratory test report pursuant to paragraph (6) indicating a percentage content of THC that exceeds three-tenths of 1 percent but is less than 1 percent. If the percentage content of THC exceeds 1 percent, the destruction shall take place within 48 hours after receipt of the laboratory test report. If the percentage content of THC in the second laboratory test report exceeds three-tenths of 1 percent but is less than 1 percent, the destruction shall take place as soon as practicable, but no later than 45 days after receipt of the second test report.
(8)A registrant person that intends to grow industrial hemp and who complies with this section shall not be prosecuted for the cultivation or possession of marijuana as a result of a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent but does not exceed 1 percent.
(9)Established agricultural research institutions shall be permitted to cultivate or possess industrial hemp with a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent if that cultivation or possession contributes to the development of types of industrial hemp that will comply with the three-tenths of 1 percent THC limit established in this division.
(10)Except for an established agricultural research institution, a registrant that grows grower of industrial hemp shall retain an original signed copy of the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing, transporting, or otherwise obtaining from the registrant that grows grower of industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant.
(g)If, in the Attorney Generals opinion issued pursuant to Section 8 of the act that added this division, it is determined that the provisions of this section are not sufficient to comply with federal law, the department, in consultation with the board, shall establish procedures for this section that meet the requirements of federal law.
SEC. 6.Section 81007 is added to the Food and Agricultural Code, to read:81007.As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot program pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) in accordance with the purposes of that section.
SEC. 7.Section 11018.5 of the Health and Safety Code is amended to read:11018.5.(a)Industrial hemp means a fiber or oilseed crop, or both, crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(b)Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
|
Date
|
Status
|
|---|---|
| Sep 30, 2018 | Chaptered by Secretary of State. Chapter 986, Statutes of 2018. |
| Sep 30, 2018 | Approved by the Governor. |
| Sep 12, 2018 | Enrolled and presented to the Governor at 5 p.m. |
| Aug 31, 2018 | Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 31, 2018 | Ordered to special consent calendar. |
| Aug 31, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 31, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 24, 2018 | Read third time and amended. |
| Aug 20, 2018 | Read second time. Ordered to third reading. |
| Aug 16, 2018 | From committee: Do pass. (Ayes 17. Noes 0.) (August 16). |
| Aug 8, 2018 | August 8 set for first hearing. Placed on suspense file. |
| Aug 6, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jul 3, 2018 | Coauthors revised |
| Jun 28, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 27). Re-referred to Com. on APPR. |
| Jun 19, 2018 | From committee: Do pass and re-refer to Com. on AGRI. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on AGRI. |
| Jun 11, 2018 | Referred to Coms. on PUB. S. and AGRI. |
| May 31, 2018 | In Assembly. Read first time. Held at Desk. |
| May 30, 2018 | Read third time. Passed. (Ayes 37. Noes 0.) Ordered to the Assembly. |
| May 29, 2018 | Read second time. Ordered to third reading. |
| May 25, 2018 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 25). |
| May 18, 2018 | Set for hearing May 25. |
| May 14, 2018 | May 14 hearing: Placed on APPR. suspense file. |
| May 4, 2018 | Set for hearing May 14. |
| May 1, 2018 | May 7 hearing postponed by committee. |
| May 1, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Apr 27, 2018 | Set for hearing May 7. |
| Apr 25, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 24). Re-referred to Com. on APPR. |
| Apr 18, 2018 | Set for hearing April 24. |
| Apr 17, 2018 | April 17 set for first hearing canceled at the request of author. |
| Apr 5, 2018 | Set for hearing April 17. |
| Apr 3, 2018 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 4. Noes 0.) (April 3). Re-referred to Com. on PUB. S. |
| Apr 2, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on AGRI. |
| Mar 16, 2018 | Set for hearing April 3. |
| Mar 8, 2018 | Referred to Coms. on AGRI. and PUB. S. |
| Feb 20, 2018 | From printer. May be acted upon on or after March 22. |
| Feb 16, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2018 | SB 1409 Wilk Senate Third Reading By CABALLERO | Assembly Floor |
Passed |
|
| Aug 31, 2018 | Unfinished Business SB1409 Wilk et al. Concurrence | Senate Floor |
Passed |
|
| Aug 16, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 27, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Agriculture |
Passed |
|
| Jun 19, 2018 | Do pass and be re-referred to the Committee on [Agriculture] | Assembly Standing Committee on Public Safety |
Passed |
|
| May 30, 2018 | Senate 3rd Reading SB1409 Wilk et al. | Senate Floor |
Passed |
|
| May 25, 2018 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 14, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 24, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| Apr 3, 2018 | Do pass, but first be re-referred to the Committee on [Public Safety] | Senate Standing Committee on Agriculture |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Herbal Products Association | ** Support | Aug 31, 2018 |
| California Cannabis Coalition | * Against | Jun 27, 2018 |
| California Certified Organic Farmers | ** Support | Aug 31, 2018 |
| California Growers Association | ** Support | Aug 31, 2018 |
| California Hemp Association | ** Support | Aug 31, 2018 |
| California Hispanic Chamber Of Commerce | * Against | Jun 27, 2018 |
| Datsusara | ** Support | Aug 31, 2018 |
| Dr. Bronner'S | ** Support | Aug 31, 2018 |
| Dr. Bronner'S All-One! | ** Support | May 29, 2018 |
| Hemp Industries Association | ** Support | Aug 31, 2018 |
| Hemp Traders | ** Support | Aug 31, 2018 |
| Hoban Law Group | ** Support | Apr 24, 2018 |
| Monterey County Board of Supervisors | * Support | Jun 27, 2018 |
| National Electrical Contractors Association - Los Angeles Chapter | ** Support | Aug 31, 2018 |
| Nutiva | ** Support | Aug 31, 2018 |
| Ojai Energetics | * Support | Jun 19, 2018 |
| Ojai Energetics | ** Support | Aug 31, 2018 |
| Ojai Energetics | * Support | Apr 24, 2018 |
| PURPOSE | ** Against | Apr 23, 2018 |
| Rural Counties Association | * For If Amend | Jun 27, 2018 |
| Vote Hemp | * Support | Jun 27, 2018 |
| Vote Hemp | ** Support | Apr 24, 2018 |
| Vote Hemp | ** Support | Aug 31, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1409
:
SENATE AGRICULTURE COMMITTEE: 4-0, 4/3/18
AYES: Galgiani, Wilk, Dodd, Pan
NO VOTE RECORDED: Berryhill
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/24/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SENATE FLOOR: 37-0, 5/30/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Cannella, De León
ASSEMBLY FLOOR: Not available
DIGEST:
This bill updates existing California law pertaining to the production and cultivation of industrial hemp.
Assembly Amendments
state industrial hemp can be grown if it is on the list of approved seed cultivars that is on the list of approved seed cultivars and require that an agricultural research institution must include the Global Positioning System coordinates of the cultivation site in its notification to cultivate hemp to the agricultural commissioner and clarify sampling procedures to be established by the California Department of Food and Agriculture (CDFA). The amendments reduce the length of time for a valid registration to cultivate hemp from two years to one with an annual renewal. Finally, the amendments state if a registrant wants to alter the land area for hemp cultivation or storage, or change the seed cultivar grown will have to submit an updated legal description, GPS coordinates, and a map of the proposed alteration to the agricultural commissioner.
Existing federal law:
- Defines "industrial hemp" as the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.
- Authorizes an institution of higher education or a state agricultural department to grow or cultivate industrial hemp if:
- The industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and
- The growing or cultivating of industrial hemp is allowed under the laws of the state in which such institution of higher education or state department of agriculture is located and such research occurs.
- Classifies marijuana as a Schedule I controlled substance.
Existing state law:
- Defines industrial hemp as a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1% THC contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
- Provides that, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
- Provides that the list of approved seed cultivars includes the following:
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers' Association;
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by the Organization of Economic Cooperation and Development; and
- California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency, as specified.
- Provides that, except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes must register with the agricultural commissioner of the county in which the grower intends to engage in industrial hemp cultivation. The application must specify several things, including the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
- Provides that, except when grown by an established agricultural research institution, and before cultivation, a seed breeder must register with the agricultural commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation. The application must specify several things, including whether the seed cultivar will be grown for its grain or fiber, as a dual purpose crop, or for seed production.
- Provides that, except when grown by an established agricultural research institution or a registered seed breeder, industrial hemp shall be grown only as a densely planted fiber or oilseed crop, or both, in acreages of not less than one-tenth of an acre at the same time.
- Prohibits ornamental and clandestine cultivation of industrial hemp.
- Prohibits pruning and tending of individual industrial hemp plants, except when grown by an established agricultural research institution or when the action is necessary to perform THC testing, as described.
- Prohibits culling of industrial hemp, except when grown by an established agricultural research institution, when the action is necessary to perform THC testing, as described, or for purposes of seed production and development by a registered seed breeder.
This bill:
- Amends the definition of industrial hemp so that it is no longer defined as a fiber and oilseed crop.
- Allows the production of industrial hemp by clonal propagation of cultivars that are on the list of approved seed cultivars and therefore genetically identical to, and capable of exhibiting the same range of characteristics as, the parent cultivar.
- Deletes the requirement that industrial hemp be grown only for fiber or oilseed.
- Deletes the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be on the approved list of cultivars.
- Deletes the requirement that an application for registration to grow industrial hemp include information about whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
- Deletes prohibitions on ornamental cultivations of industrial hemp plants, pruning and tending of individual hemp plants and culling of industrial hemp.
- Adds the requirement that an application for registration to grow industrial hemp include the state or county of origin of the seed cultivar to be grown.
- Reduces the length of time for which registration to produce industrial hemp is valid from two years to one, at which time the registrant must apply for renewal.
- Allows agricultural commissioners or the counties, as appropriate, to retain the amount of a registration fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee.
- Authorizes the board of supervisors of a county to establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing specified provisions of law pertaining to cultivation of industrial hemp; the fee is to be charged and collected by the commissioner upon registrations or renewals required to produce industrial hemp.
- Requires a registered producer of industrial hemp to obtain a laboratory test report indicating the tetrahydrocannabinol levels of a random sampling of the dried flowering tops of the industrial hemp grown no more than 30 days before harvest.
- Requires that the sampling be conducted with the grower present and establishes a specific process by which the sample must be taken.
- Requires that the laboratory providing the test report be approved by the CDFA, rather than registered with the federal Drug Enforcement Agency.
- Specifies that laboratory testing shall be performed by gas chromatography with a flame ionization detector.
- Specifies that the destruction of industrial hemp which exceeds permitted THC levels must begin within 48 hours and be completed within seven days.
- Authorizes the CDFA, as part of the industrial hemp registration program, to establish and carry out an agricultural pilot program pursuant to the Federal Agricultural Act of 2014.
- Requires an established agricultural research institution, before cultivating industrial hemp, to notify the agricultural commissioner of the county in which the institution intends to engage in cultivation and include the Global Positioning System coordinates of the proposed cultivation site.
- Authorizes a city or county, by local ordinance and upon making a specified finding, to prohibit growers or seed breeders from conducting, or otherwise limit growers’ conduct of, industrial hemp cultivation, regardless of whether growers meet, or are exempt from, the registration requirements in the above-described provisions or any other law.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, unknown costs, but likely significant cost pressures for CDFA to establish an agricultural pilot program.
American Herbal Products Association
California Certified Organic Farmers
California Growers Association
California Hemp Association
Datsusara
Dr. Bronner’s
Hemp Industries Association
Hemp Traders
National Electrical Contractors Association – Los Angeles Chapter
Nutiva
Ojai Energetics
Vote Hemp
OPPOSITION: (Verified 8/31/18)
None received
ARGUMENTS IN SUPPORT: According to the author, SB 1409 will update current law to allow farmers the opportunity to diversify their farm operations, cut down on water usage, and ensure California is consistent with federal law. California is poised to take advantage of the numerous benefits industrial hemp provides and in that process create jobs. California is equipped with many industrial hemp companies with investors prepared for the opportunity to support the development of hemp operations that would employ several thousand Californians.
The California Hemp Association states the bill will help strengthen California’s current industrial hemp laws while also providing clarity for some of the issues impacting the industry, such as crop testing and certification standards.
8/31/18 16:43:58
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1409
Author:(Wilk)
As Amended Ver:August 24, 2018
Majority vote
SENATE VOTE: 37-0
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Carrillo, Kamlager-Dove, Kiley, Quirk, Santiago |
|
Agriculture | 9-0 | Caballero, Mathis, Aguiar-Curry, Flora, Gallagher, Irwin, Jones-Sawyer, Levine, Salas |
|
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Updates existing California law pertaining to the production and cultivation of industrial hemp. Specifically, this bill:
- Amends the definition of industrial hemp so that it is no longer defined as a fiber and oilseed crop.
- Allows the production of industrial hemp by clonal propagation of cultivars that are on the list of approved seed cultivars and therefore genetically identical to, and capable of exhibiting the same range of characteristics as, the parent cultivar.
- Deletes the requirement that industrial hemp be grown as a "densely planted" crop.
- Deletes the requirement that industrial hemp be grown only for fiber or oilseed.
- Deletes the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013 in order to be on the approved list of cultivars.
- Deletes the requirement that an application for registration to grow industrial hemp include information about whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
- Deletes prohibitions on ornamental cultivations of industrial hemp plants, pruning and tending of individual hemp plants, and culling of industrial hemp.
- Adds the requirement that an application for registration to grow industrial hemp include the state or county of origin of the seed cultivar to be grown.
- Reduces the length of time for which registration to produce industrial hemp is valid from two years to one, at which time the registrant much apply for renewal.
- Allows a commissioner or the counties, as appropriate, to retain the amount of a registration fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee.
- Authorizes the board of supervisors of a county to establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing specified provisions of law pertaining to cultivation of industrial hemp; the fee is to be charged and collected by the commissioner upon registrations or renewals required to produce industrial hemp.
- Requires a registered producer of industrial hemp, other than an established agricultural research institution, to obtain a laboratory test report indicating the Tetrahydrocannabinol (THC) levels of a random sampling of the industrial hemp grown no more than 30 days before harvest.
- Requires that the sampling be conducted with the grower present.
- Requires the Department of Food and Agriculture (CDFA) to establish sampling procedures by regulation that include the number of plants to be sampled per field, the portions of plants to be sampled, and the parts of the plants to be included in the sample.
- Requires that the laboratory providing the test report be approved by the CDFA, rather than registered with the federal Drug Enforcement Agency.
- Specifies that the destruction of industrial hemp which exceeds permitted THC levels must begin within 48 hours and be completed within seven days.
- Authorizes the CDFA, as part of the industrial hemp registration program, to establish and carry out an agricultural pilot program pursuant to the Federal Agricultural Act of 2014.
- Requires an established agricultural research institution, before cultivating industrial hemp, to notify the commissioner of the county in which the institution intends to engage in cultivation and include the Global Positioning System coordinates of the proposed cultivation site.
- Makes legislative findings and declarations.
EXISTING LAW:
- Defines industrial hemp as a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1% THC contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
- Provides that, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
- Provides that the list of approved seed cultivars includes the following:
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers' Association;
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by the Organization of Economic Cooperation and Development; and
- California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency, as specified.
- Provides that, except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes must register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation. The application must specify several things, including the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
- Provides that, except when grown by an established agricultural research institution, and before cultivation, a seed breeder must register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation. The application must specify several things, including whether the seed cultivar will be grown for its grain or fiber, as a dual purpose crop, or for seed production.
- Provides that, except when grown by an established agricultural research institution or a registered seed breeder, industrial hemp shall be grown only as a densely planted fiber or oilseed crop, or both, in acreages of not less than one-tenth of an acre at the same time.
- Prohibits ornamental and clandestine cultivation of industrial hemp.
- Prohibits pruning and tending of individual industrial hemp plants, except when grown by an established agricultural research institution or when the action is necessary to perform THC testing, as described.
- Prohibits culling of industrial hemp, except when grown by an established agricultural research institution, when the action is necessary to perform THC testing, as described, or for purposes of seed production and development by a registered seed breeder.
EXISTING FEDERAL LAW:
- Defines "industrial hemp" as the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.
- Authorizes an institution of higher education or a State agricultural department to grow or cultivate industrial hemp if:
- The industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and
- The growing or cultivating of industrial hemp is allowed under the laws of the State in which such institution of higher education or State department of agriculture is located and such research occurs.
- Defines "marihuana" as all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
- Classifies marijuana as a Schedule I controlled substance.
FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown, but likely significant, cost pressures for CDFA to establish an agricultural pilot program.
COMMENTS: According to the author, ''California is long overdue on having the ability to produce and cultivate industrial hemp since the passage of the Federal Farm Bill in 2014. SB 1409 will update current law to allow farmers the opportunity to diversify their farm operations, cut down on water usage and ensure California is consistent with federal law. California is poised to take advantage of the numerous benefactors industrial hemp provides and in that process, create jobs. California is equipped with many industrial hemp companies with investors prepared for the opportunity to support the development of hemp operations that would employ several thousand Californians.''
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Matthew Fleming / PUB. S. / (916) 319-3744 FN: 0004765
SENATE THIRD READING
STR Bill Id:SB 1409
Author:(Wilk)
As Amended Ver:August 6, 2018
Majority vote
SENATE VOTE: 37-0
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Carrillo, Kamlager-Dove, Kiley, Quirk, Santiago | |
Agriculture | 9-0 | Caballero, Mathis, Aguiar-Curry, Flora, Gallagher, Irwin, Jones-Sawyer, Levine, Salas |
|
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Updates existing California law pertaining to the production and cultivation of industrial hemp. Specifically, this bill:
- Amends the definition of industrial hemp so that it is no longer defined as a fiber and oilseed crop.
- Allows the production of industrial hemp by clonal propagation of cultivars that are on the list of approved seed cultivars and therefore genetically identical to, and capable of exhibiting the same range of characteristics as, the parent cultivar.
- Deletes the requirement that industrial hemp be grown only for fiber or oilseed.
- Deletes the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013 in order to be on the approved list of cultivars.
- Deletes the requirement that an application for registration to grow industrial hemp include information about whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
- Deletes prohibitions on ornamental cultivations of industrial hemp plants, pruning and tending of individual hemp plants, and culling of industrial hemp.
- Adds the requirement that an application for registration to grow industrial hemp include the state or county of origin of the seed cultivar to be grown.
- Reduces the length of time for which registration to produce industrial hemp is valid from two years to one, at which time the registrant much apply for renewal.
- Allows a commissioner or the counties, as appropriate, to retain the amount of a registration fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee.
- Authorizes the board of supervisors of a county to establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing specified provisions of law pertaining to cultivation of industrial hemp; the fee is to be charged and collected by the commissioner upon registrations or renewals required to produce industrial hemp.
- Requires a registered producer of industrial hemp to obtain a laboratory test report indicating the Tetrahydrocannabinol (THC) levels of a random sampling of the dried flowering tops of the industrial hemp grown no more than 30 days before harvest.
- Requires that the sampling be conducted with the grower present and establishes a specific process in which the sample must be taken.
- Requires that the laboratory providing the test report be approved by the Department of Food and Agriculture (CDFA), rather than registered with the federal Drug Enforcement Agency.
- Specifies that laboratory testing shall be performed by gas chromatography with a flame ionization detector.
- Specifies that the destruction of industrial hemp which exceeds permitted THC levels must begin within 48 hours and be completed within seven days.
- Authorizes the CDFA, as part of the industrial hemp registration program, to establish and carry out an agricultural pilot program pursuant to the Federal Agricultural Act of 2014.
- Requires an established agricultural research institution, before cultivating industrial hemp, to notify the commissioner of the county in which the institution intends to engage in cultivation and include the Global Positioning System coordinates of the proposed cultivation site.
- Authorizes a city or county, by local ordinance and upon making a specified finding, to prohibit growers or seed breeders from conducting, or otherwise limit growers’ conduct of, industrial hemp cultivation, regardless of whether growers meet, or are exempt from, the registration requirements in the above-described provisions or any other law.
EXISTING LAW:
- Defines industrial hemp as a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1% tTHC contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
- Provides that, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
- Provides that the list of approved seed cultivars includes the following:
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers’ Association;
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by the Organization of Economic Cooperation and Development; and
- California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency, as specified.
- Provides that, except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes must register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation. The application must specify several things, including the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
- Provides that, except when grown by an established agricultural research institution, and before cultivation, a seed breeder must register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation. The application must specify several things, including whether the seed cultivar will be grown for its grain or fiber, as a dual purpose crop, or for seed production.
- Provides that, except when grown by an established agricultural research institution or a registered seed breeder, industrial hemp shall be grown only as a densely planted fiber or oilseed crop, or both, in acreages of not less than one-tenth of an acre at the same time.
- Prohibits ornamental and clandestine cultivation of industrial hemp.
- Prohibits pruning and tending of individual industrial hemp plants, except when grown by an established agricultural research institution or when the action is necessary to perform THC testing, as described.
- Prohibits culling of industrial hemp, except when grown by an established agricultural research institution, when the action is necessary to perform THC testing, as described, or for purposes of seed production and development by a registered seed breeder.
EXISTING FEDERAL LAW:
- Defines "industrial hemp" as the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.
- Authorizes an institution of higher education or a State agricultural department to grow or cultivate industrial hemp if:
- The industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and
- The growing or cultivating of industrial hemp is allowed under the laws of the State in which such institution of higher education or State department of agriculture is located and such research occurs.
- Defines "marihuana" as all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
- Classifies marijuana as a Schedule I controlled substance.
FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown, but likely significant, cost pressures for CDFA to establish an agricultural pilot program.
COMMENTS: According to the author, ''California is long overdue on having the ability to produce and cultivate industrial hemp since the passage of the Federal Farm Bill in 2014. SB 1409 will update current law to allow farmers the opportunity to diversify their farm operations, cut down on water usage and ensure California is consistent with federal law. California is poised to take advantage of the numerous benefactors industrial hemp provides and in that process, create jobs. California is equipped with many industrial hemp companies with investors prepared for the opportunity to support the development of hemp operations that would employ several thousand Californians.''
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Matthew Fleming / PUB. S. / (916) 319-3744 FN: 0004117
Date of Hearing: August 8, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1409
Author:(Wilk) – As Amended Ver:August 6, 2018
Policy Committee: | Public Safety | Vote: | 7 - 0 |
Agriculture | 9 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill updates current law related to the production and cultivation of industrial hemp. Specifically, this bill:
- Deletes assorted requirements around the type of industrial hemp that may be grown or cultivated and the types of seed cultivars that must be certified, including the requirement that seed cultivars must be certified on or before January 1, 2013.
- Authorizes the California Department of Food and Agriculture (CDFA), as part of the industrial hemp registration program, to establish and carry out an agricultural pilot program pursuant to the Federal Agricultural Act of 2014.
- Authorizes a city or county, by local ordinance and upon making a specified finding, to prohibit growers or seed breeders from conducting, or otherwise limit growers’ conduct of, industrial hemp cultivation, regardless of whether they meet or are exempt from the registration requirements.
- Requires an established agriculture research institution, prior to cultivating industrial hemp, to notify the county agricultural commissioner.
FISCAL EFFECT:
Unknown, but likely significant, cost pressures for CDFA to establish an agricultural pilot program. (See Comment #4.)
COMMENTS:
- Background. Industrial hemp is a variety of the cannabis plant and can be used for products such as paper and textiles. SB 566 (Leno), Chapter 398, Statutes of 2013, established a regulatory framework for commercial cultivation of industrial hemp, upon federal authorization, and created the Industrial Hemp Advisory Board (IHAB) within CDFA. Following this, the 2014 Federal Farm Bill authorized a higher education institution or state agency to grow and cultivate industrial hemp if it is: a) grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research, and (b) allowed under the laws of the state in which the entity is located and such research occurs.
- Proposition 64. In 2016, California voters passed the Adult Use of Marijuana Act (Proposition 64), which legalized the use of cannabis for persons 21 and older, as specified, and removed the federal authorization requirement that was in SB 566 regarding industrial hemp cultivation. Proposition 64 also expanded the definition of industrial hemp to include extracts and derivatives and struck the prohibition against the use of the flowers and leaves. As a result of Proposition 64, SB 566’s provisions became effective on January 1, 2017.
- Purpose. According to the author, SB 1409 will update current law to allow farmers the opportunity to diversify their operations and help ensure California is consistent with federal law. The author argues that California has many industrial hemp companies with investors prepared for the opportunity to support the development of hemp operations across the state.
- Pilot program. As noted above, the 2014 Federal Farm Bill authorizes the cultivation of industrial hemp if that cultivation is conducted under an agricultural pilot program. Federal law further specifies that the pilot program must collect data related to the “growth, cultivation, or marketing of industrial hemp.” Thus, while SB 1409 does not provide any detail as to the purpose or scope of the proposed pilot program, CDFA will need to propose regulations in order to carry out the requirements for a pilot program under federal law.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON AGRICULTURE
Anna Caballero, Chair
SBPCA Bill Id:SB 1409
Author:(Wilk) – As Amended Ver:May 25, 2018
SENATE VOTE: 37-0
SUBJECT: Industrial hemp
SUMMARY: This bill updates current law regarding the production and cultivation of industrial hemp in California. Specifically, this bill:
- Amends the definition of industrial hemp so that it is no longer defined as a fiber and oilseed crop.
- Deletes the requirement that industrial hemp be grown only for fiber or oilseed.
- Deletes the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013 in order to be on the approved list of hemp seed cultivars.
- Deletes the requirement that an application for registration to grow industrial hemp include information about whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
- Deletes prohibitions on ornamental cultivations of industrial hemp plants, pruning and tending of individual hemp plants, and culling of industrial hemp.
- Authorizes a city or county, by local ordinance and upon making a specified finding, to prohibit growers or seed breeders from conducting, or otherwise limit growers’ conduct of, industrial hemp cultivation, regardless of whether growers meet, or are exempt from, the registration requirements in the above-described provisions or any other law.
- Provides that a local ordinance that limits or prohibits industrial hemp production, to be effective as of the date on which the city or county notifies the Department of Food and Agriculture (CDFA) and applicable commissioner of the local ordinance.
- Provides that a local ordinance that limits or prohibits industrial hemp production, to be effective as of the date on which the city or county notifies the Department of Food and Agriculture (CDFA) and applicable commissioner of the local ordinance.
- Authorizes CDFA, as part of the industrial hemp registration program, to establish and carry out an agricultural pilot program pursuant to the Federal Agricultural Act of 2014.
EXISTING LAW:
- Defines industrial hemp as a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L., having no more than three-tenths of 1% tetrahydrocannabinol (THC), as specified.
- Provides that, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
- Provides that the list of approved seed cultivars includes the following:
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers’ Association;
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by the Organization of Economic Cooperation and Development; and,
- California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency, as specified.
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers’ Association;
- Provides that, except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes must register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation, as specified.
- Provides that, except when grown by an established agricultural research institution, and before cultivation, a seed breeder must register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation as specified.
- Provides that, except when grown by an established agricultural research institution or a registered seed breeder, industrial hemp shall be grown only as a densely planted fiber or oilseed crop, or both, in acreages of not less than one-tenth of an acre at the same time.
- Prohibits ornamental and clandestine cultivation of industrial hemp.
- Prohibits pruning and tending of individual industrial hemp plants, except when grown by an established agricultural research institution or when the action is necessary to perform THC testing, as described.
- Prohibits culling of industrial hemp, except when grown by an established agricultural research institution, when the action is necessary to perform THC testing, as described, or for purposes of seed production and development by a registered seed breeder.
Federal Law:
- Defines industrial hemp as the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.
- Authorizes an institution of higher education or a state agricultural department to grow or cultivate industrial hemp if:
- The industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and,
- The growing or cultivating of industrial hemp is allowed under the laws of the State in which such institution of higher education or State department of agriculture is located and such research occurs.
- The industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and,
- Defines "marihuana" as all parts of the plant Cannabis sativa L. and classifies marijuana as a Schedule I controlled substance.
FISCAL EFFECT: Unknown
COMMENTS: Industrial hemp is a variety of the plant Cannabis Sativa L. and has been grown for thousands of years as a seed crop and for fiber. It is used for products such as paper, textiles, cosmetics and body care, food, and fabric. Currently, 23 countries grow hemp for commercial use. The United States, Japan, and the Netherlands are researching and piloting hemp programs.
The California Industrial Hemp Farming Act (Act), SB 566 (Leno), Chapter 398, Statutes of 2013, established an industrial hemp farming program for fiber and oilseed production, contingent upon federal authorization. The Act created a regulatory framework for the commercial cultivation of industrial hemp and established the Industrial Hemp Advisory Board within CDFA. Among other things, the Act provides that industrial hemp only be grown if it is on the list of approved seed cultivars, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar.
This bill updates California law by adding a pilot program to CDFA’s registration program, consistent with the 2014 Federal Farm Bill, and removes language that conflicts with Proposition 64’s (Prop 64) expanded definition of hemp, which includes extracts and derivatives from the non-psychoactive flowers and leaves. Additionally, this bill: a) removes the restriction that the approved list of seed cultivars only includes those cultivars that were certified on or before January 1, 2013; b) deletes the prohibition on ornamental cultivation of industrial hemp, pruning and tending of individual industrial hemp plants, and culling of industrial hemp; and, c) authorizes a city or county to “opt out” of the hemp registration program. According to the author’s office, this provision will be particularly helpful if growers are trying to avoid cross-pollination with medical and adult-use marijuana.
Recent federal legislative efforts indicate a shift in federal policy with regard to industrial hemp. Furthermore, with the passage of Prop 64, California legalized the recreational use, production, and cultivation of marijuana. Marijuana has been selectively bred to maximize its psychoactive properties, whereas hemp has been selectively bred to increase its value as an industrial product. In the wake of Prop 64, a relaxation of the regulation on industrial hemp would appear to be sensible legislation.
According to the author, California is long overdue on having the ability to produce and cultivate industrial hemp since the passage of the Federal Farm Bill in 2014. SB 1409, the author states, will update current law to allow farmers the opportunity to diversify their farm operations, cut down on water usage and ensure California is consistent with federal law. Furthermore, California is poised to take advantage of the numerous benefactors industrial hemp provides and in that process, create jobs. California is equipped with many industrial hemp companies with investors prepared for the opportunity to support the development of hemp operations that would employ several thousand Californians.
Supporters point out that while all hemp products are legally sold in California, outdated state law hinders hemp cultivation in California. Due to this, the annual $680 million U.S. hemp product industry is completely reliant upon imported hemp from other nations and a handful of U.S. states. California hemp product manufacturers make up a large part of the industry’s annual revenues. Supporter believe that a domestic source of raw hemp materials would result in lower prices for consumers, higher revenues for California businesses, California jobs and increased state revenue.
Opponents worry that allowing for local government to limit or ban the growing of hemp will create a patchwork of rules and regulations, which will vary by city and county and harm the potential growth of the hemp industry. Opponents point out that California’s current regulations are unique in that they treat industrial hemp as an agricultural commodity in a fashion similar to fruits and vegetables, with some additional oversight coming from county agricultural commissioners. Allowing local governments to limit or ban industrial hemp, according to opponents, is as nonsensical as allowing local governments to specifically ban or limit tomato production.
Furthermore, opponents worry that the bill as currently written will have a negative impact on the quality of seed used to grow industrial hemp. Allowing for uncertified, or untested hemp seed, could easily introduce “hot” hemp, meaning hemp seed that has a THC content above the federal or state limit. Opponents state that for this new agricultural industry to grow and flourish in California, a well thought-out program of importation of “good” seed is needed.
REGISTERED SUPPORT / OPPOSITION:
Support
American Herbal Products Association
California Certified Organic Farmers
California Growers Association
Datsusara
Dr. Bronner’s
Hemp Industries Association
Hemp Traders
National Electrical Contractors Association – Los Angeles Chapter
Nutiva
Ojai Energetics
Vote Hemp
Opposition
California Hemp Association
Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084
Date of Hearing: June 19, 2018
Counsel: Matthew Fleming
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 1409
Author:(Wilk) – As Amended Ver:May 25, 2018
SUMMARY: Updates existing California law pertaining to the production and cultivation of industrial hemp. Specifically, this bill:
- Amends the definition of industrial hemp so that it is no longer defined as a fiber and oilseed crop.
- Deletes the requirement that industrial hemp be grown only for fiber or oilseed.
- Deletes the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013 in order to be on the approved list of hemp seed cultivars.
- Deletes the requirement that an application for registration to grow industrial hemp include information about whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
- Deletes prohibitions on ornamental cultivations of industrial hemp plants, pruning and tending of individual hemp plants, and culling of industrial hemp.
- Authorizes a city or county, by local ordinance and upon making a specified finding, to prohibit growers or seed breeders from conducting, or otherwise limit growers’ conduct of, industrial hemp cultivation, regardless of whether growers meet, or are exempt from, the registration requirements in the above-described provisions or any other law. A limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the Department of Food and Agriculture (CDFA), secretary, and applicable commissioner of the limitation.
- Authorizes the CDFA, as part of the industrial hemp registration program, to establish and carry out an agricultural pilot program pursuant to the Federal Agricultural Act of 2014.
EXISTING LAW:
- Defines industrial hemp as a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. (Health & Saf. Code, § 11018.5, subd. (a).)
- Provides that, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars. (Food & Agr. Code, § 81002, subd. (a).)
- Provides that the list of approved seed cultivars includes the following:
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers’ Association;
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by the Organization of Economic Cooperation and Development; and
- California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency, as specified. (Food & Agr. Code, § 81002, subd. (b).)
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers’ Association;
- Provides that, except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes must register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation. The application must specify several things, including the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop. (Food & Agr. Code, § 81003, subd. (a).)
- Provides that, except when grown by an established agricultural research institution, and before cultivation, a seed breeder must register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation. The application must specify several things, including whether the seed cultivar will be grown for its grain or fiber, as a dual purpose crop, or for seed production. (Food & Agr. Code, § 81004, subd. (a).)
- Provides that, except when grown by an established agricultural research institution or a registered seed breeder, industrial hemp shall be grown only as a densely planted fiber or oilseed crop, or both, in acreages of not less than one-tenth of an acre at the same time. (Food & Agr. Code, § 81006, subd. (a).)
- Prohibits ornamental and clandestine cultivation of industrial hemp. (Food & Agr. Code, § 81006, subd. (b).)
- Prohibits pruning and tending of individual industrial hemp plants, except when grown by an established agricultural research institution or when the action is necessary to perform THC testing, as described. (Food & Agr. Code, § 81006, subd. (c).)
- Prohibits culling of industrial hemp, except when grown by an established agricultural research institution, when the action is necessary to perform THC testing, as described, or for purposes of seed production and development by a registered seed breeder. (Food & Agr. Code, § 81006, subd. (d).)
EXISTING FEDERAL LAW:
- Defines "industrial hemp" as the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. (7 U.S.C. § 5940, subd. b(2).)
- Authorizes an institution of higher education or a State agricultural department to grow or cultivate industrial hemp if:
- The industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and
- The growing or cultivating of industrial hemp is allowed under the laws of the State in which such institution of higher education or State department of agriculture is located and such research occurs. 7 U.S.C. § 5940, subd. (a)
- The industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and
- Defines "marihuana" as all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. (21 U.S.C., § 802, subd. (16).)
- Classifies marijuana as a Schedule I controlled substance. (18 U.S.C. § 812, subd. (c)(10).)
FISCAL EFFECT: Unknown.
COMMENTS:
- Author's Statement: According to the author, “California is long overdue on having the ability to produce and cultivate industrial hemp since the passage of the Federal Farm Bill in 2014. SB 1409 will update current law to allow farmers the opportunity to diversify their farm operations, cut down on water usage and ensure California is consistent with federal law. California is poised to take advantage of the numerous benefactors industrial hemp provides and in that process, create jobs. California is equipped with many industrial hemp companies with investors prepared for the opportunity to support the development of hemp operations that would employ several thousand Californians.”
- Background on Hemp: Industrial hemp is a variety of the plant Cannabis Sativa L. and has been grown for thousands of years as a seed crop and for fiber. It is used for products such as paper, textiles, cosmetics and body care, food, and fabric. Currently, 23 countries grow hemp for commercial use. The United States, Japan, and the Netherlands are researching and piloting hemp programs.
The California Industrial Hemp Farming Act (SB 566 (Leno), Chapter 398, Statutes of 2013) established an industrial hemp farming program for fiber and oilseed production, contingent upon federal authorization. SB 566 created a regulatory framework for the commercial cultivation of industrial hemp and established the Industrial Hemp Advisory Board (board) within CDFA. Among other things, the act provides that industrial hemp only be grown if it is on the list of approved seed cultivars, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar.
- Differences Between Hemp and Marijuana: Both hemp and marijuana come from the same plant; they are two different varieties of Cannabis Sativa L. (See Berke, “Mitch McConnell wants to legalize hemp — here's how it's different from marijuana,” Business Insider, March 28, 2018, available at: http://www.businessinsider.com/what-is-hemp-different-from-weed-2018-3 [as of June 13, 2018].) Hemp has been selectively bred for a range of consumer and industrial uses and has been grown in the US for centuries. (Id.)
As a result of this selective breeding, hemp is a plant that contains only trace amounts of tetrahydrocannabinol (THC) which is the compound that causes intoxication. (Id.) Therefore, hemp “can’t get you high.” (Id.) Marijuana can contain up to 30% THC, while hemp contains less than 0.3% THC. (Id.) Hemp also contains more CBD, a non-intoxicating compound with medical applications, than marijuana. (Id.)
Despite the two plants’ differing characteristics, hemp has been grouped in with marijuana because it is the same species of plant. It is therefore illegal under federal law to grow and cultivate hemp. (21 U.S.C. § 812; see also New Hampshire Hemp Council, Inc. v. Marshall (2000) 203 F.3d 1 (holding that the federal definition of marijuana hemp plants grown solely for the production of industrial products.).) In 2014, however, the federal government passed a farm bill allowing for the growth and cultivation of hemp in limited circumstances. (See 7 U.S.C. § 5940.) Furthermore, there is pending federal legislation that would remove hemp for industrial use from the definition of marijuana for purposes of federal law, thereby legalizing its production. (See Berke, supra.)
- Governor’s Veto Message on SB 676: Prior legislation in California would have allowed for broader production and cultivation of industrial hemp. SB 676 (Leno), of the 2011-12 Legislative Session, would have authorized a five-county pilot project with respect to the cultivation and processing of industrial hemp. SB 676 was vetoed. In his veto message, Governor Brown stated:
“Federal law clearly establishes that all cannabis plants, including industrial hemp, are marijuana, which is a federally regulated controlled substance. Failure to obtain a permit from the U.S. Drug Enforcement Administration prior to growing such plants will subject a California farmer to federal prosecution.
“Although I am not signing this measure, I do support a change in federal law. Products made from hemp - clothes, food, and bath products - are legally sold in California every day. It is absurd that hemp is being imported into the state, but our farmers cannot grow it.”
- Effect of the Bill: This bill updates California law by adding a pilot program to CDFA’s registration program, consistent with the 2014 Federal Farm Bill, and removes language that conflicts with Proposition 64’s expanded definition of hemp, which includes extracts and derivatives from the non-psychoactive flowers and leaves. Additionally, this bill removes the restriction that the approved list of seed cultivars only includes those cultivars that were certified on or before January 1, 2013. The bill also deletes the prohibition on ornamental cultivation of industrial hemp, pruning and tending of individual industrial hemp plants, and culling of industrial hemp. Finally, the bill authorizes a city or county to “opt out” of the hemp registration program. According to the author’s office, this provision will be particularly helpful if growers are trying to avoid cross-pollination with medical and adult-use marijuana.
Recent federal legislative efforts indicate a shift in federal policy with regard to industrial hemp. Based on the Governor’s prior veto message, he appears supportive of this shift in policy. Furthermore, with the passage of proposition 64, California legalized the recreational use, production, and cultivation of marijuana. Marijuana has been selectively bred to maximize its psychoactive properties, whereas hemp has been selectively bred to increase its value as an industrial product. In the wake of prop 64, a relaxation of the regulation on industrial hemp would appear to be sensible legislation. - Argument in Support: According to the bill’s sponsor Vote Hemp, “Industrial hemp is an agriculture crop that is grown and processed throughout the world for thousands of consumer and food products. Hemp biomass is an alternative to petroleum to manufacture plastics and is an excellent energy crop. The bast fiber is among the strongest natural fibers in the world and it can be used to replace wood for construction and paper pulp. The seed oil is highly nutritious and replaces artery-clogging trans fats with healthy essential fats necessary for balanced nutrition.
“While all hemp products are legally sold in California, outdated state law hinders hemp cultivation in California. Thus, the annual $680 million U.S. hemp product industry is completely reliant upon imported hemp from other nations and a handful of U.S. States. California hemp product manufacturers make up a large part of the industry’s annual revenues. A domestic source of raw hemp materials would result in lower prices for consumers, higher revenues for California businesses, California jobs and increased state revenue.
“The benefits for farmers are not only financial, but also practical. Industrial hemp requires less water and agricultural chemicals than many other crops and has deep roots that leave the soil in excellent condition for the next crop. In addition, farming industrial hemp fiber can contribute significantly to reductions in atmospheric Carbon. The benefits of opening up California farms to the industrial hemp industry are numerous.
“California was actually ahead of the curve relating to industrial hemp when it enacted SB 566 (Leno – 2013) which established an industrial hemp farming program for fiber and oilseed production, but that measure was effective only upon federal authorization. That federal authorization came in 2014, when the federal government passed the Farm Bill and Section 7606 of that bill authorized industrial hemp research in states which have passed industrial hemp legislation authorizing state departments of agriculture to establish pilot programs and institutions of higher education to conduct cultivation for research.
“In 2016 Proposition 64 was passed which contained provisions that removed SB 566's federal authorization requirement, added extracts and derivatives to the definition of industrial hemp, and struck the prohibition of using the flowers and leaves.
“SB 1409, brings California’s hemp laws up to date by adding pilot program status to California Department of Food and Agriculture’s registration program and striking legacy language left over from SB 566 that conflicts with the Prop 64 expanded definition of hemp that includes extracts and derivatives from the non-psychoactive flowers and leaves.”
- Argument in Opposition: According to the California Hemp Association, “[The bill] seeks to add additional provisions to California’s innovative industrial hemp regulations. The additional provisions sought do little to help California’s farmers and have the potential to overwhelm the industry before it is even given the opportunity to proceed.
“The additional provisions seek to add prohibitive measures, which are likely to undermine the growth of industrial hemp in urban centers and may have a negative impact on rural communities, which still associate industrial hemp cultivation with cannabis cultivation.
“California’s current regulations are unique in that they treat industrial hemp as an agricultural commodity in a fashion similar to everyday fruits and vegetables, with some additional oversight coming from county agricultural commissioners. California’s current industrial hemp regulations are on the verge of unleashing an incredible economic boom for the State’s agricultural community. The proposed changes put forth by SB 1409 will create a patchwork of rules and regulations, which will vary by city and county. If the same restrictions were being placed on tomatoes, the absurdity of such a bill would be noted immediately.
“In fact, these are public safety concerns, and rightly so. Allowing for un-certified, or un-tested hemp seed, could easily introduce “hot” hemp, meaning hemp seed that has a THC content above the federal limit.
“…Public safety is imperiled by having an uncontrolled market for the ‘foundation’ seed we require for this new Ag Industry to grow and flourish in California…We believe a well thought out program of importation of “good” seed is preferred to the wild west type situation that id likely to occur as the bill is written currently….
“The California Hemp Association does strongly oppose this bill in its current form. We do find there is consensus on aspects of this bill that can be developed into being a better bill for California farmers and stakeholders.
“Industrial hemp has the potential to flourish under the State’s current regulations and the proposed changes being advanced in SB 1409 will undermine this opportunity. This miracle plant has the potential to energize a green revolution and positively impact everything from community gardens in impoverished inner-city neighborhoods to increased prosperity and sustainable agriculture in rural communities. SB 1409 undermines all of this while doing little to advance public safety.”
- Related Federal Legislation: S. 2667 (McConnel) 115th Congress (2017 – 2018) would remove hemp from the federal definition of marijuana. S. 2667 passed in the Senate Agricultural Committee and is pending in the United States Senate.
- Prior Legislation:
- SB 566 (Leno), Chapter 398, Statutes of 2013, Allowed the regulated cultivation and processing of industrial hemp, as specified.
- SB 676 (Leno), of the 2011-12 Legislative Session, would have authorized a five-county pilot project with respect to the cultivation and processing of industrial hemp. SB 676 was vetoed.
- SB 566 (Leno), Chapter 398, Statutes of 2013, Allowed the regulated cultivation and processing of industrial hemp, as specified.
REGISTERED SUPPORT / OPPOSITION:
Support
American Herbal Products Association
California Growers Association
Datsusara
Dr. Bronner’s
Hemp Industries Association
Hemp Traders
National Electrical Contractors Association – Los Angeles Chapter
Nutiva
Ojai Energetics
Vote Hemp
Opposition
California Hemp Association
Analysis Prepared by: Matthew Fleming / PUB. S. / (916) 319-3744
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1409
:
SENATE AGRICULTURE COMMITTEE: 4-0, 4/3/18
AYES: Galgiani, Wilk, Dodd, Pan
NO VOTE RECORDED: Berryhill
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/24/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
Vote Hemp
DIGEST: This bill updates current law regarding the production and cultivation of industrial hemp in California.
- Classifies tetrahydrocannabinol (THC) as a Schedule I controlled substance.
- Defines industrial hemp as a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of one percent THC contained in the dried flowering tops.
- Establishes the California Department of Food and Agriculture (CDFA) which regulates the growth of industrial hemp.
- Allows growth and cultivation of industrial hemp for research purposes in states where it is legal to do so and allows those state departments of agriculture to establish pilot programs and institutions of higher education to conduct cultivation research.
- Provides that except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
- States that the list of approved seed cultivars includes following:
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers’ Association.
- Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by the Organization of Economic Cooperation and Development.
- California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency, as specified.
- Establishes that, except for an agricultural research institution, a grower of industrial hemp for commercial purposes must register with the county’s agricultural commissioner where the grower intends to cultivate industrial hemp.
This bill updates current law regarding the production and cultivation of industrial hemp in California. Specifically, this bill:
- Removes the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars.
- Specifies that industrial hemp no longer would be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop.
- Deletes the requirement that industrial hemp be grown as a fiber or oilseed crop, or both.
- Deletes the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop.
- Authorizes CDFA to establish an agricultural pilot program pursuant to the federal Agricultural Act of 2014.
- Allows local jurisdictions to “opt out” of allowing growers to cultivate hemp in the city or county.
- Allows CDFA to establish a registration and renewal fee to be paid by growers to cover the costs of implementing, administering, and enforcing the pilot program. The fees are to be collected by the county’s agricultural commissioner. It also allows a county board of supervisors to establish a fee and retain that amount from the registration and renewal fees to cover direct costs incurred by the agricultural commissioner in the collection of registration and renewal fees.
Background
Industrial hemp is a variety of the plant Cannabis sativa L and has been grown for thousands of years as a seed crop and for fiber. Because of its similarity to marijuana, also a variety of Cannabis sativa L, and the presence of THC, a Schedule I controlled substance (a substance that has been deemed to have no medical benefits and has a high potential for abuse), hemp cannot be grown within the United States. (21 U.S.C. Section 812; Health and Safety Code § 11054).
In 2013, the Legislature passed and the Governor signed SB 566 (Leno, Chapter 398, Statutes of 2013), which established an industrial hemp farming program for fiber and oilseed production, upon federal authorization, and established the Industrial Hemp Advisory Board within CDFA. The bill also stated that, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
In 2014, the federal government passed the Agricultural Act of 2014. The Act provided authorization for states where growth and cultivation is legal under state law to grow and cultivate industrial hemp for research purposes. The Act authorized those state’s departments of agriculture to establish pilot programs and institutions of higher education to conduct cultivation research.
In 2016, California voters passed Proposition 64, the Adult Use of Marijuana Act. The proposition legalized the use of marijuana for persons 21 and older. It removed the federal authorization requirement that was in SB 566, expanded the definition of industrial hemp to include extracts and derivatives, and struck the prohibition against the use of the flowers and leaves.
Currently, all commercial growers of industrial hemp must register with the county agricultural commissioner prior to cultivation. Current law states industrial hemp shall only be grown if it is on the list of approved seed cultivars. This list seems to include only hemp seed cultivars certified on or before January 2013. An established agricultural research institution is exempt from registration and may currently grow industrial hemp in California (Food and Agricultural Code Section 81002 (a)). Current law also states in that code section the Secretary of CDFA, upon recommendation by the board or the department, may update the list of seed cultivars by adding, amending, or removing seed cultivars (Food and Agricultural Code Section 81002 (c)).
This bill updates California law by removing the requirement that seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars, adding the pilot program to CDFA’s registration program and removing language that conflicts with Proposition 64’s expanded definition of hemp. It also provides the ability for a city or county to “opt out” of the hemp registration program to avoid cross-pollination with medical and adult-use marijuana and allows the board of supervisors of a county to establish a fee and retain that amount from the registration or renewal fees to cover the direct costs incurred by the commissioner in the collection of the fee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
This bill would result in a cost pressure to CDFA resulting from its authorizing the Department to establish an agricultural pilot program. The intent and scope of the pilot program is unknown; consequently, the cost pressure is likewise unknown, but potentially significant (special fund).
Additionally, by deleting the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars, this bill could lead to an increase in CDFA fee revenue relative to what would occur absent the bill. Specifically, deleting this requirement could increase the number of cultivars that could potentially be certified, thus increasing fee revenue. However, CDFA staff indicates that the seed cultivar change is not likely to have an effect on fee revenue, as the use of pre-2013 varieties is generally not practical. Consequently, CDFA would have to promulgate regulations (at additional costs) in order for registrants to be able to grow for commercial cultivation in the State.
Ojai Energetics (co-source)
Vote Hemp (co-source)
American Herbal Products Association
California Certified Organic Farmers
California Growers Association
Datsusara
Dr. Bronner’s ALL-ONE!
Hemp Industries Association
Hemp Traders
National Electrical Contractors Association- Los Angeles County Chapter
Nutiva
OPPOSITION: (Verified 5/29/18)
None received
ARGUMENTS IN SUPPORT: According to the author, SB 1409 will update current law to allow farmers the opportunity to diversify their farm operations, cut down on water usage, and ensure California is consistent with federal law. California is poised to take advantage of the numerous benefits industrial hemp provides and in that process create jobs. California is equipped with many industrial hemp companies with investors prepared for the opportunity to support the development of hemp operations that would employ several thousand Californians.
5/29/18 17:44:38
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1409 (Wilk) - Industrial hemp
Version: May 1, 2018 | Policy Vote: AGRI. 4 - 0, PUB. S. 7 - 0 |
Urgency: No | Mandate: No |
Hearing Date: May 25, 2018 | Consultant: Robert Ingenito |
Bill Summary:
SB 1409 would update current law related to the production and cultivation of industrial hemp, as specified.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 25, 2018
Fiscal Impact:
The bill would result in a cost pressure to the California Department of Food and Agriculture (CDFA) resulting from its authorizing the Department to establish an agricultural pilot program. The intent and scope of the pilot program is unknown; consequently, the cost pressure is likewise unknown, but potentially significant (special fund).
Additionally, by deleting the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars, the bill could lead to an increase in CDFA fee revenue relative to what would occur absent the bill. Specifically, deleting this requirement could increase the number of cultivars that could potentially be certified, thus increasing fee revenue. However, CDFA staff indicates that the seed cultivar change is not likely to have an effect on fee revenue, as the use of pre-2013 varieties is generally not practical. Consequently, CDFA would have to promulgate regulations (at additional costs) in order for registrants to be able to grow for commercial cultivation in the State.
Author Amendments:
- Strike language in section 81003 and 81004 referencing opt-out language to alleviate confusion and redundancy.
- Allow agricultural commissioners to recoup administrative costs related to fee collection, including those related to enforcement.
Allow agricultural commissioners to recoup fee collection costs and make technical changes.
-- END --
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1409 (Wilk) - Industrial hemp
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1409 would update current law related to the production and cultivation of industrial hemp, as specified.
Fiscal Impact:
The bill would result in a cost pressure to the California Department of Food and Agriculture (CDFA) resulting from its authorizing the Department to establish an agricultural pilot program. The intent and scope of the pilot program is unknown; consequently, the cost pressure is likewise unknown, but potentially significant (special fund).
Additionally, by deleting the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars, the bill could lead to an increase in CDFA fee revenue relative to what would occur absent the bill. Specifically, deleting this requirement could increase the number of cultivars that could potentially be certified, thus increasing fee revenue. However, CDFA staff indicates that the seed cultivar change is not likely to have an effect on fee revenue, as the use of pre-2013 varieties is generally not practical. Consequently, CDFA would have to promulgate regulations (at additional costs) in order for registrants to be able to grow for commercial cultivation in the State.
Background:
Industrial hemp is a variety of the plant Cannabis sativa L, and has been grown for thousands of years. It is used for products such as paper and textiles, and is commercially grown in 23 countries. The United States, Japan, and the Netherlands are researching and piloting hemp programs. Because of its similarity to marijuana, hemp cannot be grown within the United States. However, in 2013, SB 566 (Leno) was enacted, and established (1) a regulatory framework for commercial cultivation of industrial hemp, upon federal authorization, and (2) the Industrial Hemp Advisory Board (IHAB) within CDFA. The bill also specified that, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
In 2014, the federal government passed the Agricultural Act of 2014, which provided a higher education or state department authorization to grow and cultivate industrial hemp if (1) it is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research, and (2) the growing or cultivating of industrial hemp is allowed under the laws of the state in which the entity is located and such research occurs.
In 2016, California voters passed the Adult Use of Marijuana Act (Proposition 64), which (1) legalized the use of cannabis for persons 21 and older, as specified, (2) removed the federal authorization requirement that was in SB 566, (3) expanded the definition of industrial hemp to include extracts and derivatives, and (4) struck the prohibition against the use of the flowers and leaves.
Under current law, all commercial growers of industrial hemp must register with the county agricultural commissioner prior to cultivation. CDFA’s website indicates that registration is not yet available, and that the fees and process for registration will be developed in conjunction with IHAB. Current law states industrial hemp shall only be grown if it is on the list of approved seed cultivars, as specified. An established agricultural research institution is exempt from registration and may currently grow industrial hemp in California. CDFA, upon recommendation by IHAB, may update the list of seed cultivars by adding, amending, or removing seed cultivars.
Proposed Law:
This bill would, among other things, do the following:
- Remove the requirement that industrial hemp seed cultivars be certified in order to be included on the list of approved hemp seed cultivars.
- Specify that industrial hemp no longer would be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop.
- Delete the requirement that industrial hemp be grown as a fiber or oilseed crop, or both.
- Authorize CDFA to establish an agricultural pilot program pursuant to the federal Agricultural Act of 2014.
- Permit local jurisdictions to “opt out” of allowing growers to cultivate hemp in the city or county.
Related Legislation:
SB 566 (Leno, Chapter 398, Statutes of 2013) allows hemp to be grown in California, upon federal approval, by defining “industrial hemp” to be excluded from the definition of “marijuana”, a Schedule I controlled substance.
Staff Comments:
This bill would update current law by (1) adding the pilot program to CDFA’s registration program, (2) removing language that conflicts with Proposition 64’s expanded definition of hemp, which includes extracts and derivatives from the non-psychoactive flowers and leaves, (3) removing the restriction that the approved list of seed cultivars only include those that were certified on or before January 1, 2013, (4) deleting the prohibition on ornamental cultivation of industrial hemp, pruning and tending of individual industrial hemp plants, and culling of industrial hemp, and (5) authorizing a city or county to “opt out” of the hemp registration program, for situations where growers are trying to avoid cross-pollination with medical and adult-use marijuana.
As noted above, the bill would authorize CDFA to establish an agricultural pilot program. CDFA indicates that the authority to establish a pilot program is new to this bill. Per a Department of Justice opinion in 2014, existing law did not provide for or establish a pilot program in the State. If it chose to establish such a program, CDFA would work with IHAB to propose corresponding regulations. As the intent and scope of the pilot program is unknown, the corresponding costs for development, proposal, and implementation of regulations and other necessary administrative tasks cannot be determined. The pilot program would require regulations so that CDFA could collect data related to the "growth, cultivation, or marketing of industrial hemp" as required by federal law. Existing law does not provide this authority, nor does it provide CDFA with general regulation authority for such requirements/activities.
Registration fees for the program have not yet been set, and no revenue has been collected to this point. CDFA is currently preparing proposed regulations for a fee structure based on the IHAB recommendation. Additionally, because the bill would authorize cities or counties to prohibit cultivation through local ordinance, the number of registrants and total fees eventually collected could be less that what would have occurred absent the bill.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 1409 Hearing Date: April 24, 2018
Author: | Wilk | ||
Version: | April 2, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SJ | ||
Subject: Industrial Hemp
HISTORY
Source: Vote Hemp
Ojai Energetics
Prior Legislation: Proposition 64, approved by the voters on November 8, 2016
SB 566 (Leno), Ch. 398, Stats. of 2013
SB 676 (Leno), vetoed in 2011
AB 684 (Leno), vetoed in 2007
AB 1147 (Leno), vetoed in 2006
AB 388 (Strom-Martin), vetoed in 2002
Support: American Herbal Products Association; California Certified Organic Farmers; Hemp Traders; National Electrical Contractors Association; four individuals
Opposition: California Hemp Association
PURPOSE
The purpose of this bill is to: 1) no longer define industrial hemp as a fiber or oilseed crop; 2) to delete the requirement that industrial hemp be grown as a fiber or oilseed crop; and 3) to amend or repeal other provisions related to the cultivation of industrial hemp.
Existing federal law classifies marijuana as a Schedule I controlled substance. (18 U.S.C. § 812, subd. (c)(10).)
Existing federal law classifies tetrahydrocannabinol (THC) as a Schedule I controlled substance. (18 U.S.C. § 812, subd. (c)(17).)
Existing law classifies THC as a Schedule I controlled substance. (Health & Saf. Code § 11054, subd.(d)(20).)
Existing law defines industrial hemp as a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. (Health & Saf. Code, § 11018.5, subd. (a).)
This bill amends the definition of industrial hemp so that is it no longer defined as a fiber or oilseed crop.
Existing law provides that industrial hemp is regulated by the Department of Food and Agriculture (CDFA) in accordance with the provisions of the Food and Agricultural Code. (Health & Saf. Code, § 11018.5, subd. (b).)
Existing law provides that except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars. (Food & Agr. Code, § 81002, subd. (a).)
Existing law provides that the list of approved seed cultivars includes the following:
Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers’ Association.
Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by the Organization of Economic Cooperation and Development.
California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency, as specified. (Food & Agr. Code, § 81002, subd. (b).)
This bill deletes the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013.
Existing law provides that except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes must register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation. The application must specify several things, including whether the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop. (Food & Agr. Code, § 81003, subd. (a).)
This bill deletes the requirement that the application include information about whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
This bill provides that a city or county may prohibit growers from conducting, or otherwise limit growers’ conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether growers meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the CDFA, secretary, and applicable commissioner of the limitation.
Existing law provides that except when grown by an established agricultural research institution, and before cultivation, a seed breeder must register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation. The application must specify several things, including whether the seed cultivar will be grown for its grain or fiber, as a dual purpose crop, or for seed production. (Food & Agr. Code, § 81004, subd. (a).)
This bill deletes the requirement that the application include information about whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
This bill provides that a city or county may prohibit seed breeders from conducting, or otherwise limit seed breeders’ conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether the seed breeders meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the CDFA, secretary, and applicable commissioner of the limitation.
Existing law provides that except when grown by an established agricultural research institution or a registered seed breeder, industrial hemp shall be grown only as a densely planted fiber or oilseed crop, or both, in acreages of not less than one-tenth of an acre at the same time. (Food & Agr. Code, § 81006, subd. (a).)
This bill deletes the requirement that industrial hemp be grown as a fiber or oilseed crop.
Existing law prohibits ornamental and clandestine cultivation of industrial hemp. (Food & Agr. Code, § 81006, subd. (b).)
This bill deletes the prohibition on ornamental cultivation of industrial hemp.
Existing law prohibits pruning and tending of individual industrial hemp plants, except when grown by an established agricultural research institution or when the action is necessary to perform THC testing, as described. (Food & Agr. Code, § 81006, subd. (c).)
This bill deletes this provision.
Existing law prohibits culling of industrial hemp, except when grown by an established agricultural research institution, when the action is necessary to perform THC testing, as described, or for purposes of seed production and development by a registered seed breeder. (Food & Agr. Code, § 81006, subd. (d).)
This bill deletes this provision.
Existing law provides that any person authorized to enforce any provision of the Food and Agriculture Code is authorized, as a public officer, to arrest, without a warrant, another person whenever such officer has reasonable cause to believe that the person to be arrested has, in his presence, violated any provision of this code, the violation of which is declared to be public offense. (Food & Agr. Code, § 7, subd. (a).)
Existing law provides that unless a different penalty is expressly provided, a violation of any provision of the Food and Agriculture Code is a misdemeanor. (Food & Agr. Code, § 9.)
Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes. (7 U.S.C. § 5940.)
The bill authorizes the CDFA, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.
COMMENTS
- Need for This Bill
According to the author:
With over 30 other nations and 19 states in the U.S. growing industrial hemp and California representing the largest consumer and industrial market for hemp raw materials and products in the U.S., we are poised to take advantage of an unprecedented opportunity. Senate Bill 1409 would update current law to streamline the production and cultivation of industrial hemp in California. The measure would remove remaining “fiber and oilseed” language appearing to limit the use of the crop and authorize the California Department of Food and Agriculture to run a pilot program to ensure California is consistent with the federal Farm Bill of 2014 which authorized State departments of agriculture to promulgate regulations to carry out industrial hemp pilot programs and research. SB 1409 would also enable local jurisdictions to “opt out” of the hemp registration program in an effort to avoid cross-pollination with medical and adult-use cannabis. Lastly, the bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013 to open up access to farmers and increase seed options.
Industrial hemp is a variety of the species Cannabis sativa L. that has no psychoactive qualities because it contains less than three-tenths of one percent THC.
Hemp has absolutely no use as a recreational drug. Industrial hemp varieties of Cannabis, also referred to as “fiber” or “non-drug” hemp, should not be confused with marijuana. It is not possible to extract a drug from the industrial hemp plant, and industrial hemp can’t “get you high.” Industrial hemp contains virtually no THC (delta-9-tetrahydrocannabinol), the active ingredient in marijuana. Industrial hemp has less than 0.3% THC, while marijuana typically has 10-25% THC. Additionally, industrial hemp contains a relatively high percentage of CBD (cannabidiol), which negates THC’s psychoactive effects.
Every other industrialized nation in the world permits the farming of industrial hemp and the crop is recognized in international law. Article 28(2) of the 1961 United Nations’ Single Convention on Narcotic Drugs, to which the U.S. is a signatory, states “This Convention shall not apply to the cultivation of the Cannabis plant exclusively for industrial purposes (fiber and seed) or horticultural purposes.” In spite of this, the U.S. Drug Enforcement Administration (DEA) continues to intentionally conflate industrial hemp and marijuana. This has resulted in an absurd policy: hemp seed, oil and fiber are all currently legal for trade in the U.S., and domestic industry imports more than $600 million worth of industrial hemp for diverse uses. Yet, at the same time, U.S. farmers are prevented from producing industrial hemp for the domestic market at a commercial scale. It is time to remove unnecessary barriers to the domestic production of legal industrial hemp.
- Background
Industrial hemp is a variety of the plant Cannabis sativa L and has been grown for thousands of years as a seed crop and for fiber. It is used for products such as paper, textiles, cosmetics and body care, food, and fabric. Currently, 23 countries grow hemp for commercial use. The United States, Japan, and the Netherlands are researching and piloting hemp programs. Because of its similarity to marijuana, also a variety of Cannabis sativa L, and the presence of THC, a Schedule I controlled substance (a substance that has been deemed to have no medical utility and has a high potential for abuse), hemp cannot be grown within the United States. (21 U.S.C. § 812; Health & Safe. Code, § 11054).
The California Industrial Hemp Farming Act (SB 566, Chapter 398, Statutes of 2013) established an industrial hemp farming program for fiber and oilseed production, contingent upon federal authorization. SB 566 created a regulatory framework for the commercial cultivation of industrial hemp and established the Industrial Hemp Advisory Board (board) within CDFA. Among other things, the bill provided that industrial hemp only be grown if it is on the list of approved seed cultivars, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar.
The federal Agricultural Act of 2014 authorized an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp if: (1) the industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and (2) the growing or cultivating of industrial hemp is allowed under the laws of the state in which such institution of higher education or state department of agriculture is located and such research occurs.
In 2016, California voters passed Proposition 64, the Adult Use of Marijuana Act. The proposition legalized the personal use of cannabis for persons 21 and older, as specified. It also removed the federal authorization requirement contained in SB 566, expanded the definition of industrial hemp to include extracts and derivatives, and struck the prohibition against the use of the flowers and leaves.
Currently, all commercial growers of industrial hemp must register with the county agricultural commissioner prior to cultivation. CDFA’s website indicates that registration is not yet available, and that the fees and process for registration will be developed in conjunction with the board. Current law states industrial hemp shall only be grown if it is on the list of approved seed cultivars. This list includes only those hemp seed cultivars that were certified on or before January 1, 2013. An established agricultural research institution is exempt from registration and may currently grow industrial hemp in California. (Food & Agr. Code, § 81002, subd. (a).) Current law also states that the CDFA secretary, upon recommendation by the board or the department, may update the list of seed cultivars by adding, amending, or removing seed cultivars. (Food & Agr. Code, § 81002, subd. (c).)
- Effect of This Legislation
This bill updates California law by adding the pilot program to CDFA’s registration program and removes language that conflicts with Proposition 64’s expanded definition of hemp, which includes extracts and derivatives from the non-psychoactive flowers and leaves. Additionally, this bill removes the restriction that the approved list of seed cultivars only include those that were certified on or before January 1, 2013. The bill also deletes the prohibition on ornamental cultivation of industrial hemp, pruning and tending of individual industrial hemp plants, and culling of industrial hemp. Finally, the bill authorizes a city or county to “opt out” of the hemp registration program. According to the author’s office, this provision will be particularly helpful if growers are trying to avoid cross-pollination with medical and adult-use marijuana.
- Argument in Support
Vote Hemp, the sponsor of this bill, writes:
While all hemp products are legally sold in California, outdated state law hinders hemp cultivation in California. Thus, the annual $680 million U.S. hemp product industry is completely reliant upon imported hemp from other nations and a handful of U.S. states. California hemp product manufacturers make up a large part of the industry’s annual revenues. A domestic source of raw hemp materials would result in lower process for consumers, higher revenues for California businesses, California jobs and increased state revenues.
The benefits for farmers are not only financial, but also practical. Industrial hemp requires less water and agricultural chemicals than many other crops and has deep roots that leave the soil in excellent condition for the next crop. In addition, farming industrial hemp fiber can contribute significantly to reductions in atmospheric carbon. The benefits of opening up California farms to the industrial hemp industry are numerous.
California was actually ahead of the curve relating to industrial hemp when it enacted SB 566 (Leno - 2013) which established an industrial hemp farming program for fiber and oilseed production…
…SB 1409 brings California’s hemp laws up to date by adding pilot program status to California Department of Food and Agriculture’s registration program and striking legacy language left over from SB 566 that conflicts with the Prop 64 expanded definition of hemp that includes extracts and derivatives from the non-psychoactive flowers and leaves.
SB 1409 provides vital cleanup legislation that will allow California farmers to enter the industrial hemp market and meet the growing demands of U.S. and California hemp product companies.
- Argument in Opposition
The California Hemp Association writes:
[The bill] seeks to add additional provisions to California’s innovative industrial hemp regulations. The additional provisions sought do little to help California’s farmers and have the potential to overwhelm the industry before it is even given the opportunity to proceed.
The additional provisions seek to add prohibitive measures, which are likely to undermine the growth of industrial hemp in urban centers and may have a negative impact on rural communities, which still associate industrial hemp cultivation with cannabis cultivation.
California’s current regulations are unique in that they treat industrial hemp as an agricultural commodity in a fashion similar to everyday fruits and vegetables, with some additional oversight coming from county agricultural commissioners. California’s current industrial hemp regulations are on the verge of unleashing an incredible economic boom for the State’s agricultural community. The proposed changes put forth by SB 1409 will create a patchwork of rules and regulations, which will vary by city and county. If the same restrictions were being placed on tomatoes, the absurdity of such a bill would be noted immediately.
In fact, these are public safety concerns, and rightly so. Allowing for un-certified, or un-tested hemp seed, could easily introduce “hot” hemp, meaning hemp seed that has a THC content above the federal limit.
…Public safety is imperiled by having an uncontrolled market for the “foundation” seed we require for this new Ag Industry to grow and flourish in California…We believe a well thought out program of importation of “good” seed is preferred to the wild west type situation that id likely to occur as the bill is written currently….
The California Hemp Association does strongly oppose this bill in its current form. We do find there is consensus on aspects of this bill that can be developed into being a better bill for California farmers and stakeholders.
Industrial hemp has the potential to flourish under the State’s current regulations and the proposed changes being advanced in SB 1409 will undermine this opportunity. This miracle plant has the potential to energize a green revolution and positively impact everything from community gardens in impoverished inner-city neighborhoods to increased prosperity and sustainable agriculture in rural communities. SB 1409 undermines all of this while doing little to advance public safety.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 1409 Hearing Date: April 17, 2018
Author: | Wilk | ||
Version: | April 2, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SJ | ||
Subject: Industrial Hemp
HISTORY
Source: Vote Hemp
Prior Legislation: Proposition 64, approved by the voters on November 8, 2016
SB 566 (Leno), Ch. 398, Stats. of 2013
SB 676 (Leno), vetoed in 2011
AB 684 (Leno), vetoed in 2007
AB 1147 (Leno), vetoed in 2006
AB 388 (Strom-Martin), vetoed in 2002
Support: Unknown
Opposition: California Hemp Association
PURPOSE
The purpose of this bill is to no longer define industrial hemp as a fiber or oilseed crop, to delete the requirement that industrial hemp be grown as a fiber or oilseed crop, and to amend or repeal other provisions related to the cultivation of industrial hemp.
Existing law classifies tetrahydrocannabinol (THC) as a Schedule I controlled substance. (Health & Saf. Code § 11054, subd.(d)(20).)
Existing law defines industrial hemp as a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. (Health and Saf. Code, § 11018.5, subd. (a).)
This bill amends the definition of industrial hemp so that is it no longer defined as a fiber or oilseed crop.
Existing law provides that industrial hemp is regulated by the Department of Food and Agriculture (CDFA) in accordance with the provisions of the Food and Agricultural Code. (Health and Saf. Code, § 11018.5, subd. (b).)
Existing law provides that except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars. (Food & Agr. Code, § 81002, subd. (a).)
Existing law provides that the list of approved seed cultivars includes following:
Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers’ Association.
Industrial hemp seed cultivars that have been certified on or before January 1, 2013, by the Organization of Economic Cooperation and Development.
California varieties of industrial hemp seed cultivars that have been certified by a seed-certifying agency, as specified. (Food & Agr. Code, § 81002, subd. (b).)
This bill deletes the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013.
Existing law provides that except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes must register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation. The application must specify several things, including whether the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop. (Food & Agr. Code, § 81003, subd. (a).)
This bill deletes the requirement that the application include information about whether seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
This bill provides that a city or county may prohibit growers from conducting, or otherwise limit growers’ conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether growers meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the CDFA, secretary, and applicable commissioner of the limitation.
Existing law provides that except when grown by an established agricultural research institution, and before cultivation, a seed breeder must register with the commissioner of the county in which the seed breeder intends to engage in industrial hemp cultivation. The application must specify several things, including whether the seed cultivar will be grown for its grain or fiber, as a dual purpose crop, or for seed production. (Food & Agr. Code, § 81004, subd. (a).)
This bill deletes the requirement that the application include information about whether seed cultivar will be grown for its grain or fiber, or as a dual purpose crop.
This bill provides that a city or county may prohibit seed breeders from conducting, or otherwise limit seed breeders’ conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether the seed breeders meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the CDFA, secretary, and applicable commissioner of the limitation.
Existing law provides that except when grown by an established agricultural research institution or a registered seed breeder, industrial hemp shall be grown only as a densely planted fiber or oilseed crop, or both, in acreages of not less than one-tenth of an acre at the same time. (Food & Agr. Code, § 81006, subd. (a).)
This bill deletes the requirement that industrial hemp be grown as a fiber or oilseed crop.
Existing law prohibits ornamental and clandestine cultivation of industrial hemp. (Food & Agr. Code, § 81006, subd. (b).)
This bill deletes the prohibition on ornamental cultivation of industrial hemp.
Existing law prohibits pruning and tending of individual industrial hemp plants, except when grown by an established agricultural research institution or when the action is necessary to perform the tetrahydrocannabinol (THC) testing described in this section. (Food & Agr. Code, § 81006, subd. (c).)
This bill deletes this provision.
Existing law prohibits culling of industrial hemp, except when grown by an established agricultural research institution, when the action is necessary to perform the THC testing described in this section, or for purposes of seed production and development by a registered seed breeder. (Food & Agr. Code, § 81006, subd. (d).)
This bill deletes this provision.
Existing law provides that any person authorized to enforce any provision of the Food and Agriculture Code code is authorized, as a public officer, to arrest, without a warrant, another person whenever such officer has reasonable cause to believe that the person to be arrested has, in his presence, violated any provision of this code, the violation of which is declared to be public offense. (Food & Agr. Code, § 7, subd. (a).)
Existing law provides that unless a different penalty is expressly provided, a violation of any provision of the Food and Agriculture Code is a misdemeanor. (Food & Agr. Code, § 9.)
Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes. (7 U.S.C. § 5940.)
The bill authorizes the CDFA, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.
COMMENTS
- Need for This Bill
According to the author:
With over 30 other nations and 19 states in the U.S. growing industrial hemp and California representing the largest consumer and industrial market for hemp raw materials and products in the U.S., we are poised to take advantage of an unprecedented opportunity. Senate Bill 1409 would update current law to streamline the production and cultivation of industrial hemp in California. The measure would remove remaining “fiber and oilseed” language appearing to limit the use of the crop and authorize the California Department of Food and Agriculture to run a pilot program to ensure California is consistent with the federal Farm Bill of 2014 which authorized State departments of agriculture to promulgate regulations to carry out industrial hemp pilot programs and research. SB 1409 would also enable local jurisdictions to “opt out” of the hemp registration program in an effort to avoid cross-pollination with medical and adult-use cannabis. Lastly, the bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013 to open up access to farmers and increase seed options.
Industrial hemp is a variety of the species Cannabis sativa L. that has no psychoactive qualities because it contains less than three-tenths of one percent THC.
Hemp has absolutely no use as a recreational drug. Industrial hemp varieties of Cannabis, also referred to as “fiber” or “non-drug” hemp, should not be confused with marijuana. It is not possible to extract a drug from the industrial hemp plant, and industrial hemp can’t “get you high.” Industrial hemp contains virtually no THC (delta-9-tetrahydrocannabinol), the active ingredient in marijuana. Industrial hemp has less than 0.3% THC, while marijuana typically has 10-25% THC. Additionally, industrial hemp contains a relatively high percentage of CBD (cannabidiol), which negates THC’s psychoactive effects.
Every other industrialized nation in the world permits the farming of industrial hemp and the crop is recognized in international law. Article 28(2) of the 1961 United Nations’ Single Convention on Narcotic Drugs, to which the U.S. is a signatory, states “This Convention shall not apply to the cultivation of the Cannabis plant exclusively for industrial purposes (fiber and seed) or horticultural purposes.” In spite of this, the U.S. Drug Enforcement Administration (DEA) continues to intentionally conflate industrial hemp and marijuana. This has resulted in an absurd policy: hemp seed, oil and fiber are all currently legal for trade in the U.S., and domestic industry imports more than $600 million worth of industrial hemp for diverse uses. Yet, at the same time, U.S. farmers are prevented from producing industrial hemp for the domestic market at a commercial scale. It is time to remove unnecessary barriers to the domestic production of legal industrial hemp.
- Background
Industrial hemp is a variety of the plant Cannabis sativa L and has been grown for thousands of years as a seed crop and for fiber. It is used for products such as paper, textiles, cosmetics and body care, food, and fabric. Currently, 23 countries grow hemp for commercial use. The United States, Japan, and the Netherlands are researching and piloting hemp programs. Because of its similarity to marijuana, also a variety of Cannabis sativa L, and the presence of THC, a Schedule I controlled substance (a substance that has been deemed to have no medical utility and has a high potential for abuse), hemp cannot be grown within the United States. (21 U.S.C. § 812; Health & Safe. Code, § 11054).
However, SB 566 (Leno) Chapter 398, Statutes of 2013, established an industrial hemp farming program for fiber and oilseed production, upon federal authorization, and established the Industrial Hemp Advisory Board within CDFA. The bill also stated that, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
In 2014, the federal government passed the Agricultural Act of 2014, which provided the authorization to grow and cultivate industrial hemp for research purposes in states where “such growth and cultivation is legal under state law.” The act also authorized those state departments of agriculture to establish pilot programs and institutions of higher education to conduct cultivation research.
In 2016, California voters passed Proposition 64, the Adult Use of Marijuana Act. The proposition legalized the personal use of cannabis for persons 21 and older, as specified. It removed the federal authorization requirement that was in SB 566, expanded the definition of industrial hemp to include extracts and derivatives, and struck the prohibition against the use of the flowers and leaves.
Currently, all commercial growers of industrial hemp must register with the county agricultural commissioner prior to cultivation. Current law states industrial hemp shall only be grown if it is on the list of approved seed cultivars. This list includes only those hemp seed cultivars who were certified on or before January 1, 2013. An established agricultural research institution is exempt from registration and may currently grow industrial hemp in California. (Food & Agr. Code, § 81002, subd. (a).) Current law also states that the secretary of CDFA, upon recommendation by the board or the department, may update the list of seed cultivars by adding, amending, or removing seed cultivars. (Food & Agr. Code, § 81002, subd. (c).)
The California Industrial Hemp Program through CDFA establishes the Hemp Advisory Board and, among other things, defines “industrial hemp” to mirror the definition in the Health and Safety Code. The Health and Safety Code provides that industrial hemp means, “A fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.” (Food & Agr. Code, § § 81000 & 81001.)
- Effect of This Legislation
This bill updates California law by adding the pilot program to CDFA’s registration program and removes language that conflicts with Proposition 64’s expanded definition of hemp, which includes extracts and derivatives from the non-psychoactive flowers and leaves. It also provides the ability for a city or county to “opt out” of the hemp registration program. According to the author’s office, this will be particularly helpful if growers are trying to avoid cross-pollination with medical and adult-use marijuana. Finally, the bill deletes the prohibition on ornamental cultivation of industrial hemp, pruning and tending of individual industrial hemp plants, and culling of industrial hemp.
- Argument in Opposition
The California Hemp Association opposes this bill:
[The bill] seeks to add additional provisions to California’s innovative industrial hemp regulations. The additional provisions sought do little to help California’s farmers and have the potential to overwhelm the industry before it is even given the opportunity to proceed.
The additional provisions seek to add prohibitive measures, which are likely to undermine the growth of industrial hemp in urban centers and may have a negative impact on rural communities, which still associate industrial hemp cultivation with cannabis cultivation.
California’s current regulations are unique in that they treat industrial hemp as an agricultural commodity in a fashion similar to everyday fruits and vegetables, with some additional oversight coming from county agricultural commissioners. California’s current industrial hemp regulations are on the verge of unleashing an incredible economic boom for the State’s agricultural community. The proposed changes put forth by SB 1409 will create a patchwork of rules and regulations, which will vary by city and county. If the same restrictions were being place don tomatoes, the absurdity of such a bill would be noted immediately.
Industrial hemp has the potential to flourish under the State’s current regulations and the proposed changes being advanced in SB 1409 will undermine this opportunity. This miracle plant has the potential to energize a green revolution and positively impact everything from community gardens in impoverished inner-city neighborhoods to increased prosperity and sustainable agriculture in rural communities. SB 1409 undermines all of this while doing little to advance public safety.
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SENATE COMMITTEE ON AGRICULTURE
Senator Cathleen Galgiani, Chair
2017 - 2018 Regular
Bill No: Hearing Date: 4/3/18
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Subject:
SUMMARY
: This bill updates current law regarding the production and cultivation of industrial hemp in California. Specifically, the bill:
- Removes the requirement that industrial hemp seed cultivars be certified in order to be included on the list of approved hemp seed cultivars.
- Specifies that industrial hemp no longer would be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop.
- Deletes the requirement that industrial hemp be grown as a fiber or oilseed crop, or both.
- Deletes the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop.
- Authorizes the California Department of Food and Agriculture (CDFA) to establish an agricultural pilot program pursuant to the federal Agricultural Act of 2014.
- Allows local jurisdictions to “opt out” of allowing growers to cultivate hemp in the city or county.
BACKGROUND AND EXISTING LAW
: Industrial hemp is a variety of the plant Cannabis sativa L and has been grown for thousands of years as a seed crop and for fiber. It is used for products such as paper, textiles, cosmetics and body care, food, and fabric. Currently, 23 countries grow hemp for commercial use. The United States, Japan, and the Netherlands are researching and piloting hemp programs. Because of its similarity to marijuana, also a variety of Cannabis sativa L, and the presence of tetrahydrocannabinol (THC), a Schedule I controlled substance (a substance that has been deemed to have no medical benefits and has a high potential for abuse), hemp cannot be grown within the United States. (21 U.S.C. Section 812; Health and Safety Code § 11054).
However, in 2013, the legislature passed and the governor signed SB 566 (Leno) Chapter 398, Statutes of 2013, which established an industrial hemp farming program for fiber and oilseed production, upon federal authorization, and established the Industrial Hemp Advisory Board within CDFA. The bill also stated that, except when grown by an established agricultural research institution or by a registered seed breeder developing a new California seed cultivar, industrial hemp shall only be grown if it is on the list of approved seed cultivars.
In 2014, the federal government passed the Agricultural Act of 2014, which provided the authorization to grow and cultivate industrial hemp for research purposes in states where “such growth and cultivation is legal under state law.” The act also authorized those state departments of agriculture to establish pilot programs and institutions of higher education to conduct cultivation research.
In 2016, California voters passed Proposition 64, the Adult Use of Marijuana Act. The proposition legalized the use of marijuana for persons 21 and older. It removed the federal authorization requirement that was in SB 566, expanded the definition of industrial hemp to include extracts and derivatives, and struck the prohibition against the use of the flowers and leaves.
Currently, all commercial growers of industrial hemp must register with the county agricultural commissioner prior to cultivation. Current law states industrial hemp shall only be grown if it is on the list of approved seed cultivars. This list seems to include only hemp seed cultivars certified on or before January 2013. An established agricultural research institution is exempt from registration and may currently grow industrial hemp in California (Food and Agricultural Code Section 81002 (a)). Current law also states in that code section the secretary of CDFA, upon recommendation by the board or the department, may update the list of seed cultivars by adding, amending, or removing seed cultivars (Food and Agricultural Code Section 81002 (c)).
The California Industrial Hemp Program through CDFA establishes the Hemp Advisory Board and, among other things, defines “industrial hemp” to mirror the definition in the Health and Safety Code. The Health and Safety Code states that industrial hemp means, “A fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.” (Food and Agricultural Code, Section 81000, 81001).
PROPOSED LAW
: This bill updates California law by adding the pilot program to CDFA’s registration program and removes language that conflicts with Proposition 64’s expanded definition of hemp, which includes extracts and derivatives from the non-psychoactive flowers and leaves. It also provides the ability for a city or county to “opt out” of the hemp registration program. According to the author’s office, this will be particularly helpful if growers are trying to avoid cross-pollination with medical and adult-use marijuana.
COMMENTS
: According to the author, “California is long overdue on having the ability to produce and cultivate industrial hemp since the passage of the Federal Farm Bill in 2014. SB 1409 will update current law to allow farmers the opportunity to diversify their farm operations, cut down on water usage, and ensure California is consistent with federal law. California is poised to take advantage of the numerous benefactors industrial hemp provides and in that process, create jobs. California is equipped with many industrial hemp companies with investors prepared for the opportunity to support the development of hemp operations that would employ several thousand Californians.”
The Senate Rules Committee has double-referred this bill to the Senate Committee on Public Safety as the second committee of referral. Therefore, if this measure is approved by this committee, the motion should include an action to re-refer the bill to the Senate Committee on Public Safety.
RELATED LEGISLATION
:
SB 566 (Leno) Chapter 398, Statutes of 2013. Allows hemp to be grown in California, upon federal approval, by defining “industrial hemp” to be excluded from the definition of “marijuana”, a Schedule I controlled substance.
SUPPORT
:
Vote Hemp (Sponsor)
Ojai Energetics (Sponsor)
OPPOSITION
:
None received
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Discussed in Hearing
4MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
14MIN
Assembly Standing Committee on Agriculture
8MIN
Assembly Standing Committee on Public Safety
2MIN
Senate Floor
4MIN
Senate Standing Committee on Appropriations
11MIN
Senate Standing Committee on Public Safety
8MIN
Senate Standing Committee on Agriculture
Bill Author
