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)