BILL NUMBER: AB 1147	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 5, 2006
	AMENDED IN ASSEMBLY  JANUARY 4, 2006
	AMENDED IN ASSEMBLY  APRIL 25, 2005
	AMENDED IN ASSEMBLY  MARCH 30, 2005

INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 22, 2005

   An act to amend  Sections 11018, 11054, 11357, 11358,
11359, 11360, 11361, and 11362.7   Section 11018 
of, and to add Section 11018.5 to, the Health and Safety Code,
relating to industrial hemp.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1147, as amended, Leno  Industrial hemp.
   (1) Existing law makes it a crime to engage in any of various
transactions relating to marijuana, except as otherwise authorized by
law, such as the medical marijuana program. For the purposes of
these provisions, marijuana is defined as not including the mature
stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination.
   This bill would revise the definition of marijuana so that the
term would also   instead  not include
industrial hemp,  which the   as defined, except
where the plant is cultivated or processed for purposes not
expressly allowed for. The  bill would define  industrial
hemp  as an agricultural  field  crop that is limited
to the nonpsychoactive varieties of the  plant  Cannabis
 plant   sativa L.  having no more than
3/10 of 1% tetrahydrocannabinol contained in the dried flowering tops
 , that is cultivated from seed originating in California, 
and that is cultivated and processed exclusively for the purpose of
producing  the mature stalks of the plant,  fiber 
produced  from the stalks, oil or cake  made  from the
seeds of the plant,  or  any other compound,
manufacture, salt, derivative, mixture, or preparation 
producedfrom   of  the mature stalks (except the
resin  or flowering tops  extracted therefrom), fiber, oil,
or cake, or the sterilized seed of the plant which is incapable of
germination.  The bill would make conforming changes to
related provisions.   The bill would provide that this
definition of industrial hemp shall not be construed to authorize the
cultivation, production, or possession of resin, flowering tops, or
leaves that have been removed from the field of cultivation and sepa
  rated from the other constituent parts of the industrial
hemp plant; the transportation or sale across state borders of seed
or any variety of Cannabis sativa L. that is capable of germination;
or any cultivation of the industrial hemp plant   that is
not grown in a research setting or as an agricultural field crop. By
revising the scope of application of existing crimes relating to
marijuana, this bill would impose a state-mandated local program upon
local governments.  
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11018 of the Health and Safety Code is amended
to read:
   11018.  "Marijuana" means all parts of the plant Cannabis sativa
L., whether growing or not; the seeds thereof; 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.
It does not include industrial hemp, as defined  in Section
11018.5, or the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks (except the resin extracted therefrom), fiber, oil,
or cake, or the sterilized seed of the plant which is incapable of
germination.   in Section 11018.5, except where the
plant is cultivated or processed for purposes not expressly allowed
for by Section 11018.5. 
  SEC. 2.  Section 11018.5 is added to the Health and Safety Code, to
read:
   11018.5.   (a)    "Industrial hemp" 
refers to an agricultural   means an agricultural field
 crop that is limited to nonpsychoactive varieties of the
 Cannabis plant   plant Cannabis sativa L.,
 having no more than three-tenths of one percent
tetrahydrocannabinol contained in the dried flowering tops  ,
that is cultivated from seed originating in California,  and
that is cultivated and processed exclusively for the purpose of
producing  fiber   the mature stalks of the
plants, fiber produced  from the stalks, oil or cake  made
 from the seeds of the plant, or any other compound,
manufacture, salt, derivative, mixture, or preparation 
produced from   of  the mature stalks (except the
resin  or flowering tops  extracted therefrom), fiber, oil,
or cake, or the sterilized seed of the plant which is incapable of
germination.  
   (b) This section shall not be construed to authorize the
following:  
   (1) The cultivation, production, or possession of resin, flowering
tops, or leaves that have been removed from the field of cultivation
and separated from the other constituent parts of the industrial
hemp plant.  
   (2) The transportation or sale across state borders of seed of any
variety of Cannabis sativa L. that is capable of germination. 

   (3) Any cultivation of the industrial hemp plant that is not grown
in a research setting or as an agricultural field crop. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.   All matter omitted in this version of
the bill appears in the bill as amended in Assembly, January 4, 2006
(JR11)