BILL NUMBER: AB 1147	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 23, 2006
	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
  Members   Leno   and DeVore 
    (   Coauthors:   Assembly Members 
 Berg   and Saldana   ) 

                        FEBRUARY 22, 2005

   An act to amend 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 instead not include industrial hemp, 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 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, any other compound,
manufacture, salt, derivative, mixture, or preparation 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 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
separated 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: yes.


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


   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Industrial hemp is produced in at least 30 nations, including
Canada, Great Britain, France, Germany, Romania, Australia, and
China, and is used by industry to produce thousands of products,
including paper, textiles, food, oils, automotive parts, and personal
care products.  
   (b) The United States Court of Appeals for the Ninth Circuit has
ruled in Hemp Industries v. Drug Enforcement Administration (9th Cir.
2003) 333 F.3d 1082 that the federal Controlled Substances Act of
1970 (21 U.S.C. Sec. 812(b)) explicitly excludes nonpsychoactive hemp
from the definition of marijuana, and the federal government has
declined to appeal that decision.  
   (c) The Controlled Substances Act of 1970 specifies the findings
to which the government must attest in order to classify a substance
as a Schedule I drug and those findings include that the substance
has a high potential for abuse, has no accepted medical use, and has
a lack of accepted safety for use, none of which apply to industrial
hemp.   
   (d) According to a study commissioned by the Hemp Industries
Association, sales of industrial hemp products in the United States
have grown steadily since 1990 to more than two hundred fifty million
dollars ($250,000,000) in 2005, increasing at a rate of
approximately twenty-six million dollars ($26,000,000) per year.
 
   (e) California manufacturers of hemp products currently import
from around the world tens of thousands of acres' worth of hemp seed,
oil, and fiber products that could be produced by California farmers
at a more competitive price, and intermediate processing of hemp
seed, oil, and fiber could create jobs in close proximity to the
fields of cultivation.  
   (f) In 1999, the Assembly passed House Resolution 32, which
resolved that "the domestic production of industrial hemp can help
protect California environment, contribute to the growth of the state
economy, and be regulated in a manner that will not interfere with
the enforcement of marijuana laws." 
   SECTION 1.   SEC. 2.   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,
except where the plant is cultivated or processed for purposes not
expressly allowed for by Section 11018.5.
  SEC. 2.   SEC. 3.   Section 11018.5 is
added to the Health and Safety Code, to read:
   11018.5.  (a) "Industrial hemp" means an agricultural field crop
that is limited to nonpsychoactive varieties of the 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 the
mature stalks of the  plants   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 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.   SEC. 4.   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.