SB 566, as introduced, Leno. Industrial hemp.
Existing law makes it a crime to engage in any of various transactions relating to marijuana, as defined, except as otherwise authorized by law, such as the Medical Marijuana Program. For 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, and 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 exclude industrial hemp, as defined, except where the plant is cultivated or processed for purposes not expressly allowed. The bill would define industrial hemp 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 therefrom, having no more than 3⁄10 of 1% tetrahydrocannabinol (THC) contained in the dried flowering tops, 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 that is incapable of germination.
The bill would enact provisions relating to growing industrial hemp that would impose specified procedures and requirements on a person who grows industrial hemp, except when grown by an established agricultural research institution, that would become operative when authorized under federal law. The bill would require a person growing the industrial hemp to obtain, before the harvest of each crop, a laboratory test of a random sample of the crop to determine the amount of THC in the crop, and would require the samples be taken in the presence of, and be collected and transported only by, an employee or agent of a laboratory that is registered with the federal Drug Enforcement Administration. The bill would require the laboratory test report to be issued by a laboratory registered by the federal Drug Enforcement Administration, would require the person growing industrial hemp to make the report available to law enforcement officials and specified other persons. The bill would require all industrial hemp seed sold for planting in California to be from a crop having no more than 3⁄10 of 1% THC contained in a random sampling of the dried flowering tops and tested under these provisions, and would require the destruction of crops exceeding that content, as specified.
The bill would provide that growing industrial hemp shall not be construed to authorize the possession, outside of a field of lawful cultivation, of resin, flowering tops, or leaves that have been removed from the hemp plant, except to perform required testing by an employee or agent of the testing laboratory or any cultivation of the industrial hemp plant that is not grown by an established agricultural research institution. This bill would require the Attorney General and the Hemp Industries Association to submit reports to the Legislature by January 1, 2019, or 5 years after the provisions of the measure are authorized under federal law, whichever is later, regarding the economic and law enforcement impacts of industrial hemp cultivation.
The bill would state the findings and declarations of the Legislature relating to industrial hemp.
By revising the scope of application of existing crimes relating to marijuana, this bill would impose a state-mandated local program.
By specifying the conditions of cultivation, the violation of which would be a misdemeanor pursuant to other provisions of existing law, this bill would impose a state-mandated local program.
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.
This bill would provide that the provisions of this act would not become operative unless authorized under federal law, and, when the provisions become operative, would require the Attorney General to post the fact that this act has become operative on its Internet Web site.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
This act shall be known, and may be cited, as the
2California Industrial Hemp Farming Act.
The Legislature finds and declares all of the following:
4(a) Industrial hemp is produced in at least 30 nations, including
5Canada, Great Britain, France, Germany, Romania, Australia, and
6China, and is used by industry to produce thousands of products,
7including paper, textiles, food, oils, automotive parts, and personal
9(b) The United States Court of Appeals for the Ninth Circuit
10has ruled in Hemp Industries Association v. Drug Enforcement
11Administration, (9th Cir. 2004) 357 F.3d 1012, that the federal
12Controlled Substances Act of 1970 (21 U.S.C. Sec. 812(b))
13explicitly excludes nonpsychoactive hemp from the definition of
14marijuana, and the federal government has declined to appeal that
16(c) The federal Controlled Substances Act of 1970 specifies the
17findings to which the government must attest in order to classify
18a substance as a schedule I drug and those findings include that
19the substance has a high potential for abuse, has no accepted
20medical use, and has a lack of accepted safety for use, none of
21which apply to industrial hemp.
22(d) According to estimates by the Hemp Industries Association,
23sales of industrial hemp products in the United States have grown
24steadily since 1990 to more than $400 million annually in 2009.
25(e) California manufacturers of hemp products currently import
26from around the world tens of thousands of acres’ worth of hemp
P4 1seed, oil, and fiber products that could be produced by California
2farmers at a more competitive price, and the intermediate
3processing of hemp seed, oil, and fiber could create jobs in close
4proximity to the fields of cultivation.
5(f) In 1999, the Assembly passed House Resolution 32, which
6resolved that “the domestic production of industrial hemp can help
7protect California’s environment, contribute to the growth of the
8state economy, and be regulated in a manner that will not interfere
9with the enforcement of marijuana laws.”
10(g) Assessment of the economic benefits of industrial hemp
11cultivation and determination of possible impacts on the
12enforcement of laws prohibiting illicit marijuana cultivation are
14(h) It is the intent of the Legislature that law enforcement not
15be burdened with tetrahydrocannabinol (THC) testing of industrial
16hemp crops when cultivation is in compliance with Section 11018.5
17of the Health and Safety Code; therefore, the cultivation of
18industrial hemp will be tightly controlled by requiring the
20(1) Farmers shall not cultivate industrial hemp in acreages
21smaller than five acres, and no acreage of industrial hemp shall be
22comprised of plots smaller than one acre. The tending of individual
23plants, as well as ornamental and clandestine cultivation, are
25(2) Farmers are required, before harvest, to obtain a laboratory
26test report from a federally registered laboratory documenting that
27the THC content of their crop is within the legal limit and farmers
28must destroy crops that fail the THC test.
29(3) Farmers must retain an original copy of the THC test report
30for the planting seed and the harvested crop for two years, make
31original copies available to law enforcement officials upon request,
32and are required to provide an original copy to each person
33purchasing, transporting, or otherwise obtaining the fiber, oil, cake,
34or seed of the plant from the farmer.
35(4) Although they have no psychoactive effect, any resin,
36flowering tops, or leaves of the industrial hemp plant that are
37removed from the lawful field of cultivation shall be, by definition,
38marijuana and subject to prosecution. Farmers should take care to
39ensure that all flowering tops and leaves remain in the lawful field
40of cultivation after the harvest of seed or fiber. There is no lawful
P5 1reason to harvest, collect, or process the flowering tops of industrial
3(5) Except for an agent or employee of a federally registered
4laboratory involved in THC testing, no person may lawfully possess
5the flowering tops or leaves of industrial hemp outside of the field
6of cultivation and the flowering tops or leaves shall be considered
7marijuana regardless of whether they are in fact industrial hemp.
8Therefore, no testing of the flowering tops or leaves of any type
9of cannabis found outside the lawful field of industrial hemp
10cultivation need be tested by law enforcement for THC content to
11determine during a drug seizure if the cannabis in question is
12marijuana or industrial hemp.
13(6) In addition to plant structure, height, and method of planting,
14the horticultural tending of cannabis plants indicates to law
15enforcement that it is marijuana and not industrial hemp. Signs of
16horticultural tending include, but are not limited to, pathways or
17rows within the field to provide access to each plant, the pruning
18of individual plants, or the culling of male plants from the field.
Division 24 (commencing with Section 81000) is added
20to the Food and Agricultural Code, to read:
For purposes of this division, “industrial hemp” has the
25same meaning as that term is defined in Section 11018.5 of the
26Health and Safety Code.
(a) Except when grown by an established agricultural
28research institution, industrial hemp shall be grown only as a
29densely planted fiber or oilseed crop, or both, in acreages of not
30less than five acres, and no portion of an acreage of industrial hemp
31shall include plots of less than one contiguous acre. Ornamental
32and clandestine cultivation, as well as the pruning, culling, and
33tending of individual plants, of industrial hemp is prohibited. All
34plots shall have adequate signage indicating they are industrial
36(b) Industrial hemp shall include products imported under the
37Harmonized Tariff Schedule of the United States (2013) of the
38United States International Trade Commission, including hemp
39 seed, per subheading 1207.99.03, hemp oil, per subheading
401515.90.80, true hemp, per heading 5302, true hemp yarn, per
P6 1subheading 5308.20.00, and woven fabrics of true hemp fibers,
2per subheading 5311.00.40.
3(c) For purposes of this section, “established agricultural
4research institution” means a public or private institution or
5organization that maintains land for agricultural research, including
6colleges, universities, agricultural research centers, and
7conservation research centers.
8(d) Except when industrial hemp is grown by an established
9agricultural research institution, a person who grows industrial
10hemp under this section shall, before the harvest of each crop and
11as provided below, obtain a laboratory test report indicating the
12tetrahydrocannabinol (THC) levels of a random sampling of the
13dried flowering tops of the industrial hemp grown.
14(1) Sampling shall occur as soon as practicable when the THC
15content of the leaves surrounding the seeds is at its peak and shall
16commence as the seeds begin to mature, when the first seeds of
17approximately 50 percent of the plants are resistant to compression.
18(2) The entire fruit-bearing part of the plant including the seeds
19shall be used as a sample. The sample cut shall be made directly
20underneath the inflorescence found in the top one-third of the plant.
21(3) Samples to perform the testing pursuant to this section shall
22be taken in the presence of, and shall be collected and transported
23only by, an employee or agent of a laboratory that is registered
24with the federal Drug Enforcement Administration.
25(4) The laboratory test report shall be issued by a
26registered with the federal Drug Enforcement Administration, shall
27state the percentage content of THC, shall indicate the date and
28location of samples taken, and shall state the Global Positioning
29System coordinates and total acreage of the crop. If the laboratory
30test report indicates a percentage content of THC that is equal to
31or less than three-tenths of 1 percent, the words “PASSED AS
32CALIFORNIA INDUSTRIAL HEMP” shall appear at or near the
33top of the laboratory test report. If the laboratory test report
34indicates a percentage content of THC that is greater than
35three-tenths of 1 percent, the words “FAILED AS CALIFORNIA
36INDUSTRIAL HEMP” shall appear at or near the top of the
37laboratory test report.
38(5) If the laboratory test report indicates a percentage content
39of THC that is equal to or less than three-tenths of 1 percent, the
40laboratory shall provide the person who requested the testing not
P7 1less than 10 original copies signed by an employee authorized by
2the laboratory and shall retain one or more original copies of the
3laboratory test report for a minimum of two years from its date of
5(6) If the laboratory test report indicates a percentage content
6of THC that is greater than three-tenths of 1 percent and does not
7exceed 1 percent, the person who grows industrial hemp shall
8submit additional samples for testing of the industrial hemp grown.
9(7) A person who grows industrial hemp shall destroy the
10industrial hemp grown upon receipt of a first laboratory test report
11indicating a percentage content of THC that exceeds 1 percent or
12a second laboratory test report pursuant to paragraph (6) indicating
13a percentage content of THC that exceeds three-tenths of 1 percent.
14If the percentage content of THC exceeds 1 percent, the destruction
15shall take place within 48 hours after receipt of the laboratory test
16report. If the percentage content of THC in the second laboratory
17test report exceeds three-tenths of 1 percent, the destruction shall
18take place as soon as practicable, but no later than 45 days after
19receipt of the second test report.
20(8) Paragraph (7) does not apply to industrial hemp grown by
21an established agricultural research institution if the destruction
22of the industrial hemp grown will impede the development of types
23of industrial hemp that will comply with the three-tenths of 1
24percent THC limit established in this section.
25(9) A person who intends to grow industrial hemp and who
26complies with this section shall not be prosecuted for the cultivation
27or possession of marijuana as a result of a laboratory test report
28that indicates a percentage content of THC that is greater than
29three-tenths of 1 percent but does not exceed 1 percent.
30(10) Paragraph (9) does not apply to industrial hemp grown by
31an established agricultural research institution. Established
32agricultural research institutions shall be permitted to cultivate or
33possess industrial hemp with a laboratory test report that indicates
34a percentage content of THC that is greater than three-tenths of 1
35percent if that cultivation or possession contributes to the
36development of types of industrial hemp that will comply with the
37three-tenths of 1 percent THC limit established in this section.
38(11) The person who grows industrial hemp shall retain an
39original signed copy of the laboratory test report for two years
40from its date of sampling, make an original signed copy of the
P8 1laboratory test report available to law enforcement officials or their
2designees upon request, and shall provide an original copy of the
3laboratory test report to each person purchasing, transporting, or
4otherwise obtaining from the person who grows industrial hemp
5the fiber, oil, cake, or seed of the plant.
This division shall not be construed to authorize any
7of the following, and all of the following are prohibited:
8(a) The possession, outside of a field of lawful cultivation, of
9resin, flowering tops, or leaves that have been removed from the
10hemp plant, except as is necessary for an employee or agent of a
11laboratory registered with the federal Drug Enforcement
12Administration to perform the testing pursuant to subdivision (d)
13of Section 81001.
14(b) Any ornamental or clandestine cultivation of the industrial
16(c) Any pruning, culling, or tending of individual industrial
17hemp plants, except when the action is necessary to perform the
18THC testing pursuant to subdivision (d) of Section 81001.
19(d) Any cultivation of industrial hemp in acreages of less than
20five acres, or any acreage comprised of plots of less than one
21contiguous acre, except when the industrial hemp is grown by an
22established agricultural research institution.
(a) Not later than January 1, 2019, or five years after
24the provisions of this division are authorized under federal law,
25whichever is later, the Attorney General shall report to the
26Assembly and Senate Committees on Agriculture and the Assembly
27and Senate Committees on Public Safety the reported incidents,
28if any, of the following:
29(1) A field of industrial hemp being used to disguise marijuana
31(2) Claims in a court hearing by persons other than those
32exempted in subdivision (d) of Section 81001 that marijuana is
34(b) A report submitted pursuant
to subdivision (a) shall be
35submitted in compliance with Section 9795 of the Government
37(c) Pursuant to Section 10231.5 of the Government Code, this
38section is repealed on January 1, 2023, or four years after the date
39that the report is due, whichever is later.
Not later than January 1, 2019, or five years after the
2provisions of this division are authorized under federal law,
3whichever is later, the Hemp Industries Association shall report
4the following to the Assembly and Senate Committees on
5Agriculture and the Assembly and Senate Committees on Public
7(a) The economic impacts of industrial hemp cultivation,
8processing, and product manufacturing in California.
9(b) The economic impacts of industrial hemp cultivation,
10processing, and product manufacturing in other states that may
11have permitted industrial hemp cultivation.
This division shall not become operative unless
13authorized under federal law.
Section 11018 of the Health and Safety Code is
15amended to read:
“Marijuana” means all parts of the plant Cannabis sativa
17L., whether growing or not; the seeds thereof; the resin extracted
18from any part of the plant; and every compound, manufacture, salt,
19derivative, mixture, or preparation of the plant, its seeds or resin.
20It does not include
begin delete the mature stalks of the plant, fiber produced .
21from the stalks, oil or cake made from the seeds of the plant, any
22other compound, manufacture, salt, derivative, mixture, or
23preparation of the mature stalks (except the resin extracted
24therefrom), fiber, oil, or cake, or the sterilized seed of the plant
25which is incapable of germinationend delete
Section 11018.5 is added to the Health and Safety
30Code, to read:
“Industrial hemp” means a fiber or oilseed crop, or
32both, that is limited to nonpsychoactive types of the plant Cannabis
33sativa L. and the seed produced therefrom, having no more than
34three-tenths of 1 percent tetrahydrocannabinol (THC) contained
35in the dried flowering tops, and that is cultivated and processed
36exclusively for the purpose of producing the mature stalks of the
37plant, fiber produced from the stalks, oil or cake made from the
38seeds of the plant, or any other compound, manufacture, salt,
39derivative, mixture, or preparation of the mature stalks, except the
P10 1resin or flowering tops extracted therefrom, fiber, oil, or cake, or
2the sterilized seed of the plant that is incapable of germination.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
(a) This act shall not become operative unless
13authorized under federal law.
14(b) When this act becomes operative, the Attorney General shall
15post the fact that this act has become operative on its Internet Web