BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1147|
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THIRD READING
Bill No: AB 1147
Author: Leno (D), et al
Amended: 8/7/06 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 6/20/06
AYES: Migden, Cedillo, Perata, Romero
NOES: Poochigian, Margett
SENATE AGRICULTURE COMMITTEE : 3-0, 6/29/06
AYES: Ducheny, Kuehl, Vincent
NO VOTE RECORDED: Denham, Maldonado
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 44-32, 1/26/06 - See last page for vote
SUBJECT : Industrial hemp
SOURCE : Hemp Industries Association
Vote Hemp
DIGEST : This bill defines industrial hemp as a
legitimate, valuable and non-psychoactive agricultural
product.
ANALYSIS : Existing federal law places controlled
substances in five schedules. Schedule I controlled
substances are deemed to have no acceptable medical
benefits and a high potential for abuse. Schedule I
CONTINUED
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substances generally are subject to the most stringent
restrictions in law. [21 U.S.C. Section 812]
Existing law includes marijuana in the list of Schedule I
controlled substances. [Section 11054 of the Health and
Safety Code (HSC)]
Existing law defines "marijuana" as 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 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. [HSC Section 11018]
Existing federal law also defines marijuana as a Schedule I
controlled substance. The federal definition of marijuana
in Schedule I is the following: "All parts of the plant
Cannabis sativa L., whether growing or not, the seeds
thereof, the resin extracted from any part of such plant,
and every compound, manufacture, salt, derivative, mixture,
or preparation of such plant, its seeds or resin. Such
term does not include the mature stalks of such plant,
fiber produced from such stalks, oil or cake made from the
seeds of such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber, oil, or
cake, or the sterilized seed of such plant which is
incapable of germination. [21 U.S.C. Sections 802(16) and
812(10)]
Existing federal law separately defines
"tetrahydrocannabinols" (THC) as a Schedule I substance.
[21 U.S.C. Section 812 (17)] Decisions of the Ninth
Circuit Court of Appeals have found that the reference to
THC in Schedule I applies only to synthetic THC, because
"if naturally-occurring THC were covered under THC, there
would be no need to have a separate category for marijuana,
which obviously contains naturally-occurring THC. ( Hemp
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Industries v. DEA (2004) 357 F.3d 1012, 1015, quoting an
earlier decision in a related case.)
Existing federal Drug Enforcement Administration (DEA)
regulations, in contrast to the Hemp Industries decisions,
provide that any product intended for human consumption
that contains any measurable quantity of THC is illegal
because THC is included as a Schedule I substance. [21 CFR
part 1308]
Existing law states that except as authorized by law, every
person who possesses any concentrated cannabis shall be
punished by imprisonment in the county jail for a period of
not more than one year, by a fine of not more than $500, by
both such fine and imprisonment, or shall be punished by
imprisonment in the state prison. [HSC Section 11357,
subd. (a)]
Existing law states that except as authorized by law, every
person who possesses not more than 28.5 grams (an ounce) of
marijuana, other than concentrated cannabis, is guilty of a
misdemeanor and shall be punished by a fine of not more
than $100. Following a specified number of repeat
convictions, a defendant convicted of simply possession of
under an ounce of marijuana shall be diverted and referred
for treatment. [HSC Section 11357, subd. (b)]
Existing law states that except as authorized by law, every
person who possesses more than 28.5 grams of marijuana,
other than concentrated cannabis, shall be punished by
imprisonment in the county jail for a period of not more
than six months, by a fine of not more than $500, or by
both such fine and imprisonment. [HSC Section 11357, subd.
(c)]
Existing law states that except as authorized by law, every
person 18 years of age or over who possesses not more than
28.5 grams of marijuana, other than concentrated cannabis,
upon the grounds of, or within, any school providing
instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or
school-related programs is guilty of a misdemeanor and
shall be punished by a fine of not more than $500, by
imprisonment in the county jail for a period of not more
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than 10 days, or both. [HSC Section 11357, subd. (d)]
Existing law provides that every person who possesses for
sale any marijuana, except as otherwise provided by law,
shall be punished by imprisonment in the state prison.
[HSC Section 11359]
This bill defines "industrial hemp" as follows:
1. An agricultural field crop limited to the
non-psychoactive types of the plant Cannabis sativa L.,
and the seeds produced therefrom.
2. Industrial hemp shall have no more than three-tenths of
one percent (0.3 percent) THC contained in the dry
flowering tops.
3. Industrial hemp shall be cultivated and processed
exclusively for the purpose of producing the mature
stalks of the plant and by-products of the stalk and
seed, including oil or cake made from seeds, and other
preparations.
This bill states that industrial hemp shall be cultivated
only from seeds imported in accordance with laws of the
United States or from seeds grown in California from feral
plants, cultivated plants, cultivated plants or plants
grown in a research setting. All industrial hemp seed sold
for planting in California must be from a crop having no
more than three-tenths of one percent THC contained in a
random sampling of the dried flowering tops.
This bill provides that industrial hemp growers shall,
prior to harvest, obtain a laboratory test report
indicating the THC levels of a random sampling of the dried
flowering tops of the crop, as follows:
1. Sampling shall occur as practicable when the THC content
of the leaves surrounding the seeds is at its peak and
shall commence as the seeds begin to mature, when the
first seeds of approximately 50 percent of the plants
are resistant to compression.
2. The entire fruit-bearing part of the plant, including
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the seeds, shall be used as a sample. The sample cut
shall be made directly underneath the inflorescence
found in the top one-third of the plant.
3. The laboratory test shall be issued by a lab registered
with the DEA.
4. The report shall state the percentage of THC in the
sample and the time, date and location of the samples
were taken.
5. The person obtaining the report shall retain it for two
years.
6. The report shall be made available to law enforcement
upon request.
7. A copy of the report shall be given to each person
purchasing, transporting, et cetera, the oil, cake or
seed of the plant.
8. The report shall be stamped to reflect whether it meets
the standard for industrial hemp or not. (The sample
can have a THC content of no more than 0.3 percent.)
9. If the laboratory test report indicates a percentage
content of THC that is greater than three-tenths of one
percent and does not exceed one percent, the person who
grows industrial hemp shall submit additional samples
for testing of the industrial hemp grown.
10.A person who grows industrial hemp shall destroy the
industrial hemp grown upon receipt of a first laboratory
test report indicating a percentage content of THC that
exceeds one percent or a second laboratory test report
pursuant to #9 above indicating a percentage content of
THC that exceeds three-tenths of one percent. The
destruction shall take place as soon as practicable but
no later than 45 days after receipt of a laboratory test
report that requires crop destruction pursuant to this
section.
11.Number 10 above does not apply to industrial hemp grown
in a research setting if the destruction of the
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industrial hemp grown will impede the development of
types of industrial hemp that will comply with the
three-tenths of one percent THC limit established in
this section.
This bill states that nothing in this section shall 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.
This bill includes an exception from this requirement for
the mandatory testing of the plant for THC levels.
This bill prohibits, except in accordance with the laws of
the United States, the transportation or sale of a seed
capable of germination across state lines of any variety of
Cannabis sativa L. and any cultivation of the industrial
hemp plant that is not grown in a research setting or as an
agricultural field crop.
This bill includes the following legislative findings and
declarations:
1. Industrial hemp is produced in at least 30 nations
including Canada, 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.
2. The United States Court of Appeals Ninth Circuit has
ruled in Hemp Industries v. Drug Enforcement
Administration that the Controlled Substances Act of
1970 explicitly excludes non-psychoactive hemp from the
definition of marijuana, and the federal government has
declined to appeal that decision.
3. The Controlled Substances Act of 1970 [21 U.S.C. Section
812(b)] 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
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for use, none of which apply to industrial hemp.
4. According to a study commissioned by the Hemp Industries
Association, sales of industrial hemp products have
grown steadily since 1990 to more than $250 million in
2005, increasing at a rate of approximately $26 million
per year.
5. 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/9/06)
Hemp Industries Association (co-source)
Vote Hemp (co-source)
Alice's Mountain Market
Alta Vista Growers
Alterna Professional Haircare
Atlas Corporation
Burcaw Chiropractic
California Certified Organic Farmers
California State Grange
CDM Corporation
Center for Healing
Chico Enterprise-Record (editorial)
City and County of San Francisco
Community Alliance with Family Farmers
Creative Research Management
Dr. Bronner's Magic Soaps
Eagle Trust Union
Eco Goods
Elk Creek Ranch
EnvironGentle
Environmental Wholesale Products
Fiddler's Green Farm, Inc.
French Meadow Bakery
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Global Exchange
Green Party of California
Guaranteed Organic Certification Agency
Heartsong Herbal Brewing Company
Heavenly Low Carb
Hemp Industries Association
Hemp Sisters
Hemp Traders
Hempy's
Hirai Farms, Inc.
Human Exchange Musical Programs
Institute for Cultural Ecology
J. Ginsberg & Associates
Knoll Farms
Living Foods.Com
Luvland Farms Lavender
Malu Healthcare
Marysville Appeal-Democrat (editorial)
New Hope Natural Media
North American Hemp Company
North American Industrial Hemp Council, Inc.
Nutiva
Orange County Register (editorial)
Organic Ag Advisors
Organic Consumers Association
PAD
Peace of Mind Consulting
Planning and Conservation League
Rainforest Action Network
Raw 4 Real
Robinson's Health Products
Salon Charisma
Sensuous Beauty, Inc.
Sierra Club California
Strictly Hemp.com
Sunset Ranch
Sweetgrass Natural Fibers
The Living Temple
Threshold Enterprises
Ultra Oil for Pets
Whole Balance
OPPOSITION : (Verified 8/9/06)
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Californians for Drug-Free Schools
Save Our Society from Drugs
California Narcotic Officers' Association
ARGUMENTS IN SUPPORT : According to the author:
"While hemp fiber, oil and non-viable seed are used by
many sectors of the economy for a variety of purposes,
the Federal Government restricts the growing of hemp
and the sale of viable hemp seed.
"In 1937, the United States Government mistakenly
categorized hemp with marijuana due to their physical
similarities and the fact that hemp contains THC
(although hemp contains only a negligible amount of the
chemical). Hemp has so little THC that it physically
cannot be used as an intoxicant and is 100% safe for
the consumer. Because hemp has no psychoactive
properties, the Federal Government has allowed hemp
products of every kind to be manufactured and sold in
the United States. Californians can buy hemp clothing
and food products in stores throughout the state, but
state law is silent on the legality of growing hemp in
California for in-state commerce."
ARGUMENTS IN OPPOSITION : Opponents of this bill state
that since marijuana and hemp are so closely related,
legalizing the cultivation of hemp would hinder law
enforcement efforts to suppress marijuana. They also see
this as a possible stepping stone to further relax
regulations on all Cannabis plants. The federal government
continues to consider the cultivation of hemp illegal.
California would then conflict with federal law.
California also faces challenges with the hemp industry
competing against subsidized hemp growers in Chinese and
European countries.
ASSEMBLY FLOOR :
AYES: Baca, Berg, Bermudez, Calderon, Canciamilla, Chan,
Chavez, Chu, Cohn, Coto, De La Torre, DeVore, Dymally,
Evans, Frommer, Goldberg, Hancock, Jerome Horton, Jones,
Karnette, Klehs, Koretz, Laird, Leno, Levine, Lieber,
Lieu, Liu, Matthews, Montanez, Mullin, Nation, Nava,
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Oropeza, Pavley, Ridley-Thomas, Ruskin, Saldana, Salinas,
Torrico, Vargas, Wolk, Yee, Nunez
NOES: Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,
Daucher, Emmerson, Garcia, Harman, Shirley Horton,
Houston, Huff, Keene, La Malfa, La Suer, Leslie, Maze,
McCarthy, Mountjoy, Nakanishi, Niello, Parra, Plescia,
Richman, Sharon Runner, Spitzer, Strickland, Tran,
Umberg, Villines, Walters, Wyland
NO VOTE RECORDED: Arambula, Bass, Haynes, Negrete McLeod
RJG:mel 8/9/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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