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 pursuant to the Medical Marijuana Program. For purposes of the provisions defining criminal conduct, 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
begin delete seedend delete 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 as specified, that would become operative when authorized under federal law. The bill would require a grower of industrial hemp, as specified, and a seed breeder, as defined, to register, and to renew that registration every 2 years, with the county agricultural commissioner and to pay a registration or renewal fee, as determined by the Department of Food and Agriculture. The bill would require the fees collected pursuant to these provisions to be deposited into the Department of Food and Agriculture Fund, to be continuously appropriated to cover the costs of implementing, administering, and enforcing these provisions. By establishing a new source of revenue for a continuously appropriated fund, this bill would make an appropriation.
The bill would require a registrant growing 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 registrant 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
begin delete provide that authorization to grow industrial hemp shall not be construed
to authorizeend delete certain other conduct, including, 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 begin delete necessary to perform the required laboratory testingend delete. The bill would require the Attorney General and the Industrial Hemp Advisory Board 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 establish the Industrial Hemp Advisory Board, with a prescribed membership, and would authorize the board to advise the Secretary of Food and Agriculture on matters pertaining to these provisions.
The bill would state the findings and declarations of the Legislature relating to industrial hemp, and would make nonsubstantive changes.
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.
By increasing the duties of local officials, 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, if the provisions become operative, would require the Attorney General to issue an opinion, as specified, and to post the opinion on the office of the Attorney General’s Internet Web site.
Vote: majority. Appropriation: yes. 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
7thousands of products, including paper, textiles, food, oils,
8automotive parts, and personal care products.
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 $500 million annually in 2012.
25(e) California manufacturers of hemp products currently import
26from around the world tens of thousands of acres’ worth of hemp
27seed, oil, and fiber products that could be produced by California
28farmers at a more competitive price, and the intermediate
29processing of hemp seed, oil, and fiber could
30create jobs in close proximity to the fields of cultivation.
31(f) In 1999, the Assembly passed House Resolution 32, which
32resolved that “the domestic production of industrial hemp can help
33protect California’s environment, contribute to the growth of the
34state economy, and be regulated in a manner that will not interfere
35with the enforcement of marijuana laws.”
P5 1(g) Assessment of the economic benefits of industrial hemp
2cultivation and determination of possible impacts on the
3enforcement of laws prohibiting illicit marijuana cultivation are
5(h) It is the intent of the Legislature that law enforcement not
6be burdened with tetrahydrocannabinol (THC) testing of industrial
7hemp crops when cultivation is in compliance with Section 11018.5
8of the Health and Safety Code; therefore, the cultivation of
9industrial hemp shall be tightly controlled pursuant to Division 24
10(commencing with Section 81000) of the Food and Agricultural
11Code, as added by Section
begin delete 3end delete of this bill, which includes
12provisions consistent with all of the following:
begin deleteFarmers end deleteshall not cultivate
15industrial hemp in acreages smaller than five acres at the same
16time, and no acreage of industrial hemp shall be comprised of plots
17smaller than one acre.
begin delete The tending of individual plants,
as well as
begin delete cultivation,end delete is
begin delete prohibitedend delete.
23(2) Farmers are required, before harvest, to obtain a laboratory
24test report from a federally registered laboratory documenting that
25the THC content of their crop is within the legal limit and farmers
26shall destroy crops that fail the THC test.
27(3) Farmers shall retain an original copy of the THC test report
28for the planting seed and the harvested crop for two years, make
29original copies available to law enforcement officials upon request,
30and are required to provide an original copy to each person
31purchasing, transporting, or otherwise obtaining the fiber, oil, cake,
32or seed of the plant from the farmer.
33(4) Although they have no psychoactive effect, any resin,
34flowering tops, or leaves of the industrial hemp plant that are
35removed from the lawful field of cultivation shall be, by definition,
36marijuana and subject to prosecution. Farmers should take care to
37ensure that all flowering tops and leaves remain in the lawful field
38of cultivation after the harvest of seed or fiber, and the possession
39of those tops and leaves outside of the field of cultivation is
P6 1prohibited. There is no lawful reason to harvest, collect, or process
2the flowering tops of industrial hemp.
3(5) In addition to plant structure, height, and method of planting,
4the horticultural tending of cannabis plants indicates to law
5enforcement that it is marijuana and not industrial hemp. Signs of
6horticultural tending include, but are not limited to, pathways or
7rows within the field that provide access to each plant, the pruning
8of individual plants, or the culling of male plants from the field.
Section 221 of the Food and Agricultural Code is
10amended to read:
(a) The “Department of Food and Agriculture Fund,”
12which is a special fund, is continued in existence. Any
begin delete moneyend delete
begin delete isend delete directed by law to be paid into the fund shall
14be paid into it and, unless otherwise specifically provided, shall
15be expended solely for the enforcement of the law under which
begin delete money wasend delete derived. The expenditure from the
17fund for the enforcement of any law shall not, unless otherwise
18specifically provided, exceed the amount of
begin delete moneyend delete that
19is credited to the fund pursuant to the law.
20 (b) Notwithstanding Section 13340 of the Government Code,
begin delete moneyend delete
deposited in the fund under the provisions
22enumerated in subdivision (c)
begin delete isend delete hereby continuously
23appropriated to the department without regard to fiscal years for
24expenditure in carrying out the purposes for which the
begin delete money wasend delete
25 deposited and for making the refunds authorized by
27 (c) All moneys deposited in the fund under the provisions
begin delete isend delete hereby exempted from Sections 13320
29to 13324, inclusive, of the Government Code:
30(1) Article 7 (commencing with Section 5821) and Article 7.5
31(commencing with Section 5850) of Chapter 8 of Part 1 of Division
324, Chapter 1 (commencing with Section 6701) of Part 3 of Division
334, and Chapter 5 (commencing with Section 53301) of Division
35(2) Article 5 (commencing with Section 6001) of Chapter 9 of
36Part 1 of Division 4.
37(3) Article 8.5 (commencing with Section 6047.1) of Chapter
389 of Part 1 of Division 4.
39(4) Article 5 (commencing with Section 6981) of Chapter 2 of
40Part 3 of Division 4.
P7 1(5) Chapter 4 (commencing with Section 14200), Chapter 5
2(commencing with Section 14501), and Chapter 6 (commencing
3with Section 14901) of Division 7.
4(6) Part 1 (commencing with Section 16301) and Part 2
5(commencing with Section 17401) of Division 9.
6(7) Sections 19225, 19227, 19312, and 19315.
7(8) Division 10 (commencing with Section 20001).
8(9) Division 11 (commencing with Section 23001).
9(10) Part 4 (commencing with Section 27501) of Division 12.
10(11) Division 16 (commencing with Section 40501).
11(12) Chapter 9 (commencing with Section 44971) of Division
13(13) Chapter 1 (commencing with Section 52001) of Division
15(14) Chapter 2 (commencing with Section 52251) of Division
17(15) Chapter 3 (commencing with Section 52651) of Division
19(16) Chapter 4 (commencing with Section 52851) of Division
21(17) Chapter 6 (commencing with Section 55401), Chapter 7
22(commencing with Section 56101), and Chapter 7.5 (commencing
23with Section 56701) of Division 20.
24(18) Section 58582.
25(19) Chapter 1 (commencing with Section 61301), Chapter 2
26(commencing with Section 61801), and Chapter 3 (commencing
27with Section 62700) of Part 3 of Division 21.
28(20) Division 24 (commencing with Section 81000).
29(21) Chapter 5.5 (commencing with Section 12531) of Division
305 of the Business and Professions Code.
31(22) Chapter 7 (commencing with Section 12700) of Division
325 of the Business and Professions Code.
33(23) Chapter 14 (commencing with Section 13400) and Chapter
3415 (commencing with Section 13700) of Division 5 of the Business
35and Professions Code.
Division 24 (commencing with Section 81000) is added
37to the Food and Agricultural Code, to read:
For purposes of this division, the following terms have
4the following meanings:
5(a) “Board” means the Industrial Hemp Advisory Board.
6(b) “Commissioner” means the county agricultural
8(c) “Established agricultural research institution” means a public
9or private institution or organization that maintains land for
10agricultural research, including colleges, universities, agricultural
11research centers, and conservation research centers.
hemp” has the same meaning as that term is
13defined in Section 11018.5 of the Health and Safety Code.
14(e) “Secretary” means the Secretary of Food and Agriculture.
15(f) “Seed breeder” means an individual or public or private
16institution or organization that is registered with the commissioner
17to develop seed cultivars intended for sale or research.
18(g) “Seed cultivar” means a variety of industrial hemp.
(a) There is in the department an Industrial Hemp
24Advisory Board. The board shall consist of 11 members, appointed
25by the secretary as follows:
26(1) Three of the board members shall be growers of industrial
27hemp that are registered pursuant to the provisions of this division.
28 A member of the board
32who is a grower of industrial
begin delete hempend delete shall be a representative of at least
34one of the following functions:
35(A) Seed production.
36(B) Seed condition.
38(D) Seed utilization.
39(2) Two of the board members shall be members of an
40established agricultural research institution.
P9 1(3) One member of the board shall be a representative
begin delete ofend delete the California State Sheriffs’ Association begin delete or other law
3enforcement association who has experience or a background in
4agricultural issues.end delete
5(4) One member of the board shall be a county agricultural
7(5) One member of the board shall be a representative of the
8Hemp Industries Association or its successor industry association.
9(6) One member of the board shall be a representative of
10industrial hemp product manufacturers.
11(7) One member of the board shall be a representative of
12businesses that sell industrial hemp products.
13(8) One member of the board shall be a member of the public.
14(b) It is hereby declared, as a matter of legislative determination,
15that growers and representatives of industrial hemp product
16manufacturers and businesses appointed to the board pursuant to
17this division are intended to represent and further the interest of a
18particular agricultural industry, and that the representation and
19furtherance is intended to serve the public interest. Accordingly,
20the Legislature finds that persons who are appointed to the board
21shall be subject to the conflict-of-interest provisions described in
22Section 87103 of the Government Code.
23(c) The term of office for a member of the board is three years.
24If a vacancy exists, the secretary shall, consistent with the
25membership requirements described in subdivision (a), appoint a
26 replacement member to the board for the duration of the term.
27(d) A member of the board shall not receive a salary but may
28be reimbursed by the department for attendance at meetings and
29other board activities authorized by the board and approved by the
31(e) The board shall advise the secretary and may make
32recommendations on all matters pertaining to this division,
33including, but not limited to, industrial hemp seed law and
34regulations, enforcement, annual budgets required to accomplish
35the purposes of this division, and the setting of an appropriate
36assessment rate necessary for the administration of this division.
37(f) The board shall annually elect a chair from its membership
38and, from time to time, other officers as it deems necessary.
39(g) The board shall meet at the call of its chair or the secretary,
40or at the request of any four members of the board. The board shall
P10 1meet at least once a year to review budget proposals and fiscal
2matters related to the proposals.
(a) Except when grown by an established agricultural
4research institution or by a registered seed breeder developing a
5new California seed cultivar, industrial hemp shall only be grown
6if it is on the list of approved seed cultivars.
7(b) The list of approved seed cultivars shall include all of the
9(1) Industrial hemp seed cultivars that have been certified on
10or before January 1, 2013, by member organizations of the
11Association of Official Seed Certifying Agencies, including, but
12not limited to, the Canadian Seed
begin delete Growersend delete Association.
13(2) Industrial hemp seed cultivars that have been certified on
14or before January 1, 2013, by the Organization of Economic
15Cooperation and Development.
16(3) California varieties of industrial hemp seed cultivars that
17have been certified by a seed-certifying agency pursuant to Article
186.5 (commencing with Section 52401) of Chapter 2 of Division
20(c) Upon recommendation by the board or the department, the
21secretary may update the list of approved seed cultivars by
begin delete addingend delete
22 or removing seed cultivars.
(a) Except for an established agricultural research
16institution, and before cultivation, a grower of industrial hemp for
17commercial purposes shall register with the commissioner of the
18county in which the grower intends to engage in industrial hemp
20(1) The application shall include all of the following:
begin delete name andend delete address
22of the applicant.
23(B) The legal description, Global Positioning System
24coordinates, and map of the land area on which the applicant plans
25to engage in industrial hemp
begin delete cultivationend delete.
27(C) The approved seed cultivar to be grown and whether the
28seed cultivar will be grown for its grain or fiber, or as a dual
30(2) (A) The application shall be accompanied by a registration
31fee, as determined pursuant to Section 81005.
32(B) A registration issued pursuant to this section shall be valid
33for two years, after which the registrant shall renew his or her
34registration and pay an accompanying renewal fee, as determined
35pursuant to Section 81005.
36(b) If the commissioner determines that the requirements for
37registration pursuant to this division are met, the commissioner
38shall issue a registration to the applicant.
39(c) A registrant that wishes to alter the land area on which the
40registrant conducts industrial hemp cultivation
P12 1 shall, before altering the area, submit to the commissioner an
2updated legal description, Global Positioning System coordinates,
3and map specifying the proposed alteration. Once the commissioner
4has received the change to the registration, the commissioner shall
5notify the registrant that it may cultivate industrial hemp on the
6altered land area.
7(d) A registrant that wishes to change the seed cultivar grown
8shall submit to the commissioner the name of the new, approved
9seed cultivar to be grown. Once the commissioner has received
10the change to the registration, the commissioner shall notify the
11registrant that it may cultivate the new seed cultivar.
(a) Except when grown by an established agricultural
15research institution, and before cultivation, a seed breeder shall
16register with the commissioner of the county in which the seed
17breeder intends to engage in industrial hemp cultivation.
18(1) The application shall include all of the following:
begin delete name andend delete address
20of the applicant.
legal description, Global Positioning System
22coordinates, and map of the land area on which the applicant plans
23to engage in industrial hemp
begin delete cultivationend delete.
25(C) The approved seed cultivar to be grown and whether the
26seed cultivar will be grown for its grain or fiber, as a dual purpose
27crop, or for seed production.
28(D) If an applicant intends to develop a new California seed
29cultivar to be certified by a seed-certifying agency, the applicant
begin delete the name of the seed-certifying agency that will be
31conducting the certification and what industrial hemp varieties
32will be used in the development of the new California seed cultivar.end delete
4(2) (A) The application shall be accompanied by a registration
5fee, as determined pursuant to Section 81005.
6(B) A registration issued pursuant to this section shall be valid
7for two years, after which the registrant shall renew its registration
8and pay an accompanying renewal fee, as determined pursuant to
10(b) If the commissioner determines that the requirements for
11registration pursuant to this division are met, the commissioner
12shall issue a seed breeder registration to the applicant.
13(c) A registrant that wishes to alter the land area on which the
14registrant conducts industrial hemp
begin delete cultivationend delete shall, before altering the area, submit to the commissioner
16an updated legal description, Global Positioning System
17coordinates, and map specifying the proposed alteration. Once the
18commissioner has received the change to the registration, the
19commissioner shall notify the registrant that it may cultivate
20industrial hemp on the altered land area.
21(d) A registrant that wishes to change the seed cultivar grown
22shall submit to the commissioner the name of the new, approved
23seed cultivar to be grown. Once the commissioner has received
24the change to the registration, the commissioner shall notify the
25registrant that it may cultivate the new seed cultivar.
37 The commissioner shall transmit information collected under
38this section to the department.
(a) The department shall establish a registration fee
40and appropriate renewal fee to be paid by growers of industrial
P14 1hemp for commercial purposes and seed breeders, not including
2an established agricultural research institution, to cover the
3 costs of implementing, administering, and enforcing the provisions
4of this division.
5(b) Fees collected by the commissioners upon registration or
6renewal pursuant to Section 81003 or 81004 shall be forwarded,
7according to procedures set by the department, to the department
8for deposit into the Department of Food and Agriculture Fund to
9be used for the administration and enforcement of this division.
(a) (1) Except when grown by an established
11agricultural research institution or a registered seed breeder
begin delete developing a new California seed cultivarend delete, industrial hemp shall
13be grown only as a densely planted fiber or oilseed crop, or both,
14in acreages of not less than five acres at the same time, and no
15portion of an acreage of industrial hemp shall include plots of less
16than one contiguous acre.
17(2) Registered seed breeders, for purposes of seed production,
18shall only grow industrial hemp as a densely planted crop in
19acreages of not less than two acres at the same time, and no portion
20of the acreage of industrial hemp shall include plots of less than
21one contiguous acre.
28(b) Ornamental and clandestine
begin delete cultivation, as well as the of
29pruning, culling, and tending of individual plants,end delete
30industrial hemp is prohibited. All plots shall have adequate signage
31indicating they are industrial hemp.
P15 1(c)end delete
2 Industrial hemp shall include products imported under the
3Harmonized Tariff Schedule of the United States (2013) of the
4United States International Trade Commission,
begin delete includingend delete hemp seed, per subheading 1207.99.03, hemp
6oil, per subheading 1515.90.80, true hemp, per heading 5302, true hemp yarn, per
8subheading 5308.20.00, and woven fabrics of true hemp fibers,
9per subheading 5311.00.40.
11 Except when industrial hemp is grown by an established
12agricultural research institution, a registrant that grows industrial
13hemp under this section shall, before the harvest of each crop and
14as provided below, obtain a laboratory test report indicating the
15tetrahydrocannabinol (THC) levels of a random sampling of the
16dried flowering tops of the industrial hemp grown.
17(1) Sampling shall occur as soon as practicable when the THC
18content of the leaves surrounding the seeds is at its peak and shall
19commence as the seeds begin to mature, when the first seeds of
20approximately 50 percent of the plants are resistant to compression.
21(2) The entire fruit-bearing part of the plant including the seeds
22shall be used as a sample. The sample cut shall be made directly
23underneath the inflorescence found in the top one-third of the plant.
31 The laboratory test report shall be issued by a laboratory
32registered with the federal Drug Enforcement Administration, shall
33state the percentage content of THC, shall indicate the date and
34location of samples taken, and shall state the Global Positioning
35System coordinates and total acreage of the crop. If the laboratory
36test report indicates a percentage content of THC that is equal to
37or less than three-tenths of 1 percent, the words “PASSED AS
38CALIFORNIA INDUSTRIAL HEMP” shall appear at or near the
39top of the laboratory test report. If the laboratory test report
40indicates a percentage content of THC that is greater than
P16 1three-tenths of 1 percent, the words “FAILED AS CALIFORNIA
2INDUSTRIAL HEMP” shall appear at or near the top of the
3laboratory test report.
5 If the laboratory test report indicates a percentage content
6of THC that is equal to or less than three-tenths of 1 percent, the
7laboratory shall provide the person who requested the testing not
8less than 10 original copies signed by an employee authorized by
9the laboratory and shall retain one or more original copies of the
10laboratory test report for a minimum of two years from its date of
13 If the laboratory test report indicates a percentage content
14of THC that is greater than three-tenths of 1 percent and does not
15exceed 1 percent, the registrant that grows industrial hemp shall
16submit additional samples for testing of the industrial hemp grown.
18 A registrant that grows industrial hemp shall destroy the
19industrial hemp grown upon receipt of a first laboratory test report
20indicating a percentage content of THC that exceeds 1 percent or
21a second laboratory test report pursuant to paragraph
begin delete (5)end delete
22 indicating a percentage content of THC that exceeds three-tenths
23of 1 percent but is less than 1 percent. If the percentage content of
24THC exceeds 1 percent, the destruction shall take place within 48
25hours after receipt of the laboratory test report. If the percentage
26content of THC in the second laboratory test report exceeds
27three-tenths of 1 percent but is less than 1 percent, the destruction
28shall take place as soon as practicable, but no later than 45 days
29after receipt of the second test report.
30(7) Paragraph (6) does not
apply to industrial hemp grown by
31an established agricultural research institution if the destruction
32of the industrial hemp grown will impede the development of types
33of industrial hemp that will comply with the three-tenths of 1
34percent THC limit established in this section.
35(8) A registrant that intends to grow industrial hemp and who
36complies with this section shall not be prosecuted for the cultivation
37or possession of marijuana as a result of a laboratory test report
38that indicates a percentage content of THC that is greater than
39three-tenths of 1 percent but does not exceed 1 percent.
begin deleteParagraph (8) does not apply to industrial hemp grown by Established
2an established agricultural research institution. end delete
3 agricultural research institutions shall be permitted to cultivate or
4possess industrial hemp with a laboratory test report that indicates
5a percentage content of THC that is greater than three-tenths of 1
6percent if that cultivation or possession contributes to the
7development of types of industrial hemp that will comply with the
8three-tenths of 1 percent THC limit established in this
begin delete sectionend delete
10(10) Except for an established agricultural research institution,
11a registrant that grows industrial hemp shall retain an original
12signed copy of the laboratory test report for two years from its date
13of sampling, make an original signed copy of the laboratory test
14report available to the department, the commissioner, or law
15enforcement officials or their designees upon request, and shall
16provide an original copy of the laboratory test report to each person
17purchasing, transporting, or otherwise obtaining from the registrant
18that grows industrial hemp the fiber, oil, cake, or
begin delete seedend delete of the plant.
This division shall not be construed to authorize any
27of the following, and all of the following are prohibited:
possession, outside of a field of lawful cultivation, of
32resin, flowering tops, or leaves that have been removed from the
begin delete plant, except as is necessary to perform testing pursuant to
34subdivision (d) of Section 81006end delete
39(b) Any ornamental or clandestine cultivation of the industrial
P18 1(c) Any pruning, culling, or tending of individual industrial
2hemp plants, except when the action is necessary to perform the
3THC testing pursuant to subdivision (d) of Section 81006.
4(d) Any cultivation of industrial hemp in acreages of less than
5five acres, or any acreage comprised of plots of less than one
6contiguous acre, except when the industrial hemp is grown by an
7established agricultural research institution or seed breeder in
8accordance with Section 81006.
(a) Not later than January 1, 2019, or five years after
10the provisions of this division are authorized under federal law,
11whichever is later, the Attorney General shall report to the
12Assembly and Senate Committees on Agriculture and the Assembly
13and Senate Committees on Public Safety the reported incidents,
14if any, of the following:
15(1) A field of industrial hemp being used to disguise marijuana
17(2) Claims in a court hearing by persons other than those
18exempted in subdivision
begin delete (d)end delete of Section 81006 that marijuana
19is industrial hemp.
20(b) A report submitted pursuant to subdivision (a) shall be
21submitted in compliance with Section 9795 of the Government
23(c) Pursuant to Section 10231.5 of the Government Code, this
24section is repealed on January 1, 2023, or four years after the date
25that the report is due, whichever is later.
Not later than January 1, 2019, or five years after the
27provisions of this division are authorized under federal law,
28whichever is later, the board, in consultation with the Hemp
29Industries Association, shall
30report the following to the Assembly and Senate Committees on
31Agriculture and the Assembly and Senate Committees on Public
33(a) The economic impacts of industrial hemp cultivation,
34processing, and product manufacturing in California.
economic impacts of industrial hemp cultivation,
36processing, and product manufacturing in other states that may
37have permitted industrial hemp cultivation.
This division shall not become operative unless
39authorized under federal law.
Section 11018 of the Health and Safety Code is
2amended to read:
“Marijuana” means all parts of the plant Cannabis sativa
4L., whether growing or not; the seeds of that plant; the resin
5extracted from any part of the plant; and every compound,
6manufacture, salt, derivative, mixture, or preparation of the plant,
7its seeds or resin. It does not include industrial hemp, as defined
8in Section 11018.5, except where the plant is cultivated or
9processed for purposes not expressly allowed for by Division 24
10(commencing with Section 81000) of the Food and Agricultural
Section 11018.5 is added to the Health and Safety
13Code, to read:
“Industrial hemp” means a fiber or oilseed crop, or
15both, that is limited to nonpsychoactive types of the plant Cannabis
16sativa L. and the seed produced therefrom, having no more than
17three-tenths of 1 percent tetrahydrocannabinol (THC) contained
18in the dried flowering tops, and that is cultivated and processed
19exclusively for the purpose of producing the mature stalks of the
20plant, fiber produced from the stalks, oil or cake made from the
21seeds of the plant, or any other compound, manufacture, salt,
22derivative, mixture, or preparation of the mature stalks, except the
23resin or flowering tops extracted therefrom, fiber, oil, or cake, or
begin delete seedend delete of the plant
25that is incapable of germination.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28a local agency or school district has the authority to levy service
29charges, fees, or assessments sufficient to pay for the program or
30level of service mandated by this act or because costs that may be
31incurred by a local agency or school district will be incurred
32because this act creates a new crime or infraction, eliminates a
33crime or infraction, or changes the penalty for a crime or infraction,
34within the meaning of Section 17556 of the Government Code, or
35changes the definition of a crime within the meaning of Section 6
36of Article XIII B of the California Constitution.
(a) This act shall not become operative unless
38authorized under federal law.
39(b) If this act becomes operative, the Attorney General shall
40issue an opinion on the extent of that authorization under federal
P20 1law and California law, the operative date of those provisions, and
2whether federal law imposes any limitations that are inconsistent
3with the provisions of this act.
Attorney General shall post the opinion described in
7subdivision (b) on the office of the Attorney General’s Internet