SB 566, as amended, 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
begin delete when grown by an established agricultural research
institution or seed breeder, as definedend delete, that would become operative when authorized under federal law. The bill would require a begin delete personend delete 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. The bill would require the laboratory test report to be issued by a laboratory registered by the federal Drug Enforcement Administration and would require the begin delete personend delete 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, among other things, the possession, outside of a field of lawful cultivation, of resin, flowering tops, or leaves that have been removed from the hemp plant, except as necessary to perform the required laboratory testing.
begin delete Thisend delete bill would require the Attorney General and the begin delete Hemp Industries Associationend delete 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,
begin delete whenend delete the provisions become operative, would require the Attorney General to post the begin delete fact that this act has become operativeend delete on begin delete itsend delete 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 an agricultural crop produced in at least
530 nations, including Canada, Great Britain, France, Germany,
6Romania, Australia, and China, and is used by industry to produce
P4 1thousands of products, including paper, textiles, food, oils,
2automotive parts, and personal care products.
3(b) The United States Court of Appeals for the Ninth Circuit
4has ruled in Hemp Industries Association v. Drug Enforcement
5Administration, (9th Cir. 2004) 357 F.3d 1012, that the federal
6Controlled Substances Act of 1970 (21 U.S.C. Sec. 812(b))
7explicitly excludes nonpsychoactive hemp from the definition of
8marijuana, and the federal government has declined to appeal that
10(c) The federal Controlled Substances Act of 1970 specifies the
11findings to which the government must attest in order to classify
12a substance as a schedule I drug and those findings include that
13the substance has a high potential for abuse, has no accepted
14 medical use, and has a lack of accepted safety for use, none of
15which apply to industrial hemp.
16(d) According to estimates by the Hemp Industries Association,
17sales of industrial hemp products in the United States have grown
18steadily since 1990 to more than $500 million annually in 2012.
19(e) California manufacturers of hemp products currently import
20from around the world tens of thousands of acres’ worth of hemp
21seed, oil, and fiber products that could be produced by California
22farmers at a more competitive price, and the intermediate
23processing of hemp seed, oil, and fiber could create jobs in close
24proximity to the fields of cultivation.
25(f) In 1999, the Assembly passed House Resolution 32, which
26resolved that “the domestic production of industrial hemp can help
27protect California’s environment, contribute to the growth of the
28state economy, and be regulated in a manner that will not interfere
29with the enforcement of marijuana laws.”
30(g) Assessment of the economic benefits of industrial hemp
31cultivation and determination of possible impacts on the
32enforcement of laws prohibiting illicit marijuana cultivation are
34(h) It is the intent of the Legislature that law enforcement not
35be burdened with tetrahydrocannabinol (THC) testing of industrial
36hemp crops when cultivation is in compliance with Section 11018.5
37of the Health and Safety Code; therefore, the cultivation of
begin delete willend delete be tightly controlled consistent with
P5 1(1) Farmers
begin delete shallend delete
not cultivate industrial hemp
2in acreages smaller than five acres, and
begin delete noend delete acreage of industrial
begin delete shallend delete be comprised of plots smaller than one acre.
4The tending of individual plants, as well as ornamental and
begin delete isend delete expressly prohibited.
6(2) Farmers are required, before harvest,
to obtain a laboratory
7test report from a federally registered laboratory documenting that
8the THC content of their crop is within the legal limit and farmers
begin deletemustend delete destroy crops that fail the THC test.
begin delete mustend delete
retain an original copy of the THC test
11report for the planting seed and the harvested crop for two years,
12make original copies available to law enforcement officials upon
13request, and are required to provide an original copy to each person
14purchasing, transporting, or otherwise obtaining the fiber, oil, cake,
15or seed of the plant from the farmer.
16(4) Although they have no psychoactive effect, any resin,
17flowering tops, or leaves of the industrial hemp plant that are
18removed from the lawful field of cultivation shall be, by definition,
19marijuana and subject to prosecution. Farmers should take care to
20ensure that all flowering tops and leaves remain in the lawful field
21of cultivation after the harvest of seed or fiber. There is no lawful
22reason to harvest, collect, or process the flowering tops of industrial
24(5) In addition to plant structure, height, and method of planting,
25the horticultural tending of cannabis plants indicates to law
26enforcement that it is marijuana and not industrial hemp. Signs of
27horticultural tending include, but are not limited to, pathways or
28rows within the field
begin delete toend delete provide access to each plant, the
29pruning of individual plants, or the culling of male plants from the
Division 24 (commencing with Section 81000) is added
32to the Food and Agricultural Code, to read:
For purposes of this division,
begin delete “industrial hemp” has the
37same meaning as that term is defined in Section 11018.5 of the
38Health and Safety Code.end delete
(a) Except when grown by an established agricultural
15research institution or seed breeder, industrial hemp shall be grown
16only as a densely planted fiber or oilseed crop, or both, in acreages
17of not less than five acres, and no portion of an acreage of industrial
18hemp shall include plots of less than one contiguous acre.
begin delete Ornamentalend delete
20 and clandestine cultivation, as well as the
21pruning, culling, and tending of individual plants, of industrial
22hemp is prohibited. All plots shall have adequate signage indicating
23they are industrial hemp.
25 Industrial hemp shall include products imported under the
26Harmonized Tariff Schedule of the United States (2013) of the
27United States International Trade Commission, including hemp
28seed, per subheading 1207.99.03, hemp oil, per subheading
291515.90.80, true hemp, per heading 5302, true hemp yarn, per
30subheading 5308.20.00, and woven fabrics of true hemp fibers,
31per subheading 5311.00.40.
33 Except when industrial hemp is grown by an established
34agricultural research institution
begin delete or seed breederend delete, a begin delete personend delete
35 who grows industrial hemp under this section shall, before the
36harvest of each crop and as provided below, obtain a laboratory
37test report indicating the tetrahydrocannabinol (THC) levels of a
38random sampling of the dried flowering tops of the industrial hemp
P11 1(1) Sampling shall occur as soon as practicable when the THC
2content of the leaves surrounding the seeds is at its peak and shall
3commence as the seeds begin to mature, when the first seeds of
4approximately 50 percent of the plants are resistant to compression.
5(2) The entire fruit-bearing part of the plant including the seeds
6shall be used as a sample. The sample cut shall be made directly
7underneath the inflorescence found in the top one-third of the plant.
8(3) The laboratory test report shall be issued by a laboratory
9registered with the federal Drug Enforcement Administration, shall
10state the percentage content of THC, shall indicate the date and
11location of samples taken, and shall state the Global Positioning
12System coordinates and total acreage of the crop. If the laboratory
13test report indicates a percentage content of THC that is equal to
14or less than three-tenths of 1 percent, the words “PASSED AS
15CALIFORNIA INDUSTRIAL HEMP” shall appear at or near the
16top of the laboratory test report. If the laboratory test report
17indicates a percentage content of THC that is greater than
18three-tenths of 1 percent, the words “FAILED AS CALIFORNIA
19INDUSTRIAL HEMP” shall appear at or near the top of the
20laboratory test report.
the laboratory test report indicates a percentage content
22of THC that is equal to or less than three-tenths of 1 percent, the
23laboratory shall provide the person who requested the testing not
24less than 10 original copies signed by an employee authorized by
25the laboratory and shall retain one or more original copies of the
26laboratory test report for a minimum of two years from its date of
28(5) If the laboratory test report indicates a percentage content
29of THC that is greater than three-tenths of 1 percent and does not
30exceed 1 percent, the
begin delete person whoend delete grows industrial
31hemp shall submit additional samples for testing of the industrial
begin delete person whoend delete grows industrial hemp shall
34destroy the industrial hemp grown upon receipt of a first laboratory
35test report indicating a percentage content of THC that exceeds 1
36percent or a second laboratory test report pursuant to paragraph
37(5) indicating a percentage content of THC that exceeds
38three-tenths of 1 percent. If the percentage
39content of THC exceeds 1 percent, the destruction shall take place
40within 48 hours after receipt of the laboratory test report. If the
P12 1percentage content of THC in the second laboratory test report
2 exceeds three-tenths of 1 percent, the
3destruction shall take place as soon as practicable, but no later than
445 days after receipt of the second test report.
5(7) Paragraph (6) does not apply to industrial hemp grown by
6an established agricultural research institution
begin delete or seed breederend delete if
7the destruction of the industrial hemp grown will impede the
8development of types of industrial hemp that will comply with the
9three-tenths of 1 percent THC limit established in this section.
begin delete person whoend delete intends to grow industrial hemp
11and who complies with this section shall not be prosecuted for the
12cultivation or possession of marijuana as a result of a laboratory
13test report that indicates a percentage content of THC that is greater
14than three-tenths of 1 percent but does not exceed 1 percent.
15(9) Paragraph (8) does not apply to industrial hemp grown by
16an established agricultural research
begin delete institution or seed breederend delete
17. Established agricultural research institutions
begin delete or seed shall be permitted to cultivate or possess industrial
19with a laboratory test report that indicates a percentage content of
20THC that is greater than three-tenths of 1 percent if that cultivation
21or possession contributes to the development of types of industrial
22hemp that will comply with the three-tenths of 1 percent THC limit
23established in this section.
begin deleteThe person who end deletegrows industrial hemp shall
26retain an original signed copy of the laboratory test report for two
27years from its date of sampling, make an original signed copy of
28the laboratory test report available to law enforcement officials or their designees upon
30request, and shall provide an original copy of the laboratory test
31report to each person purchasing, transporting, or otherwise
32obtaining from the
begin delete person whoend delete grows industrial
33hemp the fiber, oil, cake, or seed of the plant.
34(d) For purposes of this section, the following terms have the
36(1) “Established agricultural research institution” means a public
37or private institution or organization that maintains land for
38agricultural research, including colleges, universities, agricultural
39research centers, and conservation research centers.
P13 1(2) “Seed breeder” means an individual or public or private
2institution or organization that develops viable industrial hemp
3seed intended for sale or research.
This division shall not be construed to authorize any
6of the following, and all of the following are prohibited:
7(a) The possession, outside of a field of lawful cultivation, of
8resin, flowering tops, or leaves that have been removed from the
9hemp plant, except as is necessary to perform testing pursuant to
begin delete (c)end delete
of Section begin delete 81001end delete.
11(b) Any ornamental or clandestine cultivation of the industrial
13(c) Any pruning, culling, or tending of individual industrial
14hemp plants, except when the action is necessary to perform the
15THC testing pursuant to subdivision
begin delete (c)end delete of Section begin delete 81001end delete
17(d) Any cultivation of industrial hemp in acreages of less than
18five acres, or any acreage comprised of plots of less than one
19contiguous acre, except when the industrial hemp is grown by an
20established agricultural research institution or seed breeder.
(a) Not later than January 1, 2019, or five years after
23the provisions of this division are authorized under federal law,
24whichever is later, the Attorney General shall report to the
25Assembly and Senate Committees on Agriculture and the Assembly
26and Senate Committees on Public Safety the reported incidents,
27if any, of the following:
28(1) A field of industrial hemp being used to disguise marijuana
30(2) Claims in a court hearing by persons other than those
31exempted in subdivision
begin delete (c)end delete of Section begin delete 81001end delete that
32marijuana is industrial hemp.
33(b) A report submitted pursuant to subdivision (a) shall be
34submitted in compliance with Section 9795 of the Government
36(c) Pursuant to Section 10231.5 of the Government Code, this
37section is repealed on January 1, 2023, or four years after the date
38that the report is due, whichever is later.
Not later than January 1, 2019, or five years after the
3provisions of this division are authorized under federal law,
4whichever is later, the Hemp
begin delete Associationend delete shall report the following to
6the Assembly and Senate Committees on Agriculture and the
7Assembly and Senate Committees on Public Safety:
8(a) The economic impacts of industrial hemp cultivation,
9processing, and product manufacturing in California.
10(b) The economic impacts of industrial hemp cultivation,
11processing, and product manufacturing in other states that may
12have permitted industrial hemp cultivation.
This division shall not become operative unless
15authorized under federal law.
Section 11018 of the Health and Safety Code is
17amended to read:
“Marijuana” means all parts of the plant Cannabis sativa
19L., whether growing or not; the seeds of that plant; the resin
20extracted from any part of the plant; and every compound,
21manufacture, salt, derivative, mixture, or preparation of the plant,
22its seeds or resin. It does not include industrial hemp, as defined
23in Section 11018.5, except where the plant is cultivated or
24processed for purposes not expressly allowed for by Division 24
25(commencing with Section 81000) of the Food and Agricultural
Section 11018.5 is added to the Health and Safety
28Code, to read:
“Industrial hemp” means a fiber or oilseed crop, or
30both, that is limited to nonpsychoactive types of the plant Cannabis
31sativa L. and the seed produced therefrom, having no more than
32three-tenths of 1 percent tetrahydrocannabinol (THC) contained
33in the dried flowering tops, and that is cultivated and processed
34exclusively for the purpose of producing the mature stalks of the
35plant, fiber produced from the stalks, oil or cake made from the
36seeds of the plant, or any other compound, manufacture, salt,
37derivative, mixture, or preparation of the mature stalks, except the
38resin or flowering tops extracted therefrom, fiber, oil, or cake, or
39the sterilized seed of the plant that is incapable of germination.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
(a) This act shall not become operative unless
22authorized under federal law.
28(b) When this act becomes operative, theend delete
29 Attorney General shall post
begin delete the fact that this act has on
30become operativeend delete
begin delete itsend delete
31 Internet Web site.