(1) Existing law governs the cultivation of industrial hemp in this state and establishes a registration program administered by county agricultural commissioners and the Department of Food and Agriculture for growers of industrial hemp, hemp breeders, and established agricultural research institutions, as defined. Existing law requires specified registrants that grow industrial hemp, before the harvest of each crop, to obtain a laboratory test report indicating the THC (delta-9 tetrahydrocannabinol) levels of a random sampling of the industrial hemp, and requires that sampling to occur no more than 30 days before harvest. Existing law requires a registrant that grows industrial hemp to destroy the industrial hemp grown upon receipt of a laboratory test report indicating a percentage concentration of THC that exceeds a specified level. Unless otherwise provided, a violation of these provisions is a crime.
This bill would instead require the sampling to occur within a timeframe determined by the department. The bill would require a registrant to destroy or dispose of the industrial hemp grown upon receipt of a laboratory test result described above. The bill would require that laboratory test reports of hemp include the measurement of uncertainty, as defined, associated with the test results. The bill would also require laboratories to use appropriate, validated methods and procedures for all testing activities, including when estimating the measurement of uncertainty. By adding new requirements for hemp testing, the violation of which could be a crime, this bill would impose a state-mandated local program.
(2) Existing law requires the registration application for an established agricultural research institution and hemp breeder to include, among other things, a plan for testing all of the plants cultivated. Existing law requires the registration application for a grower of industrial hemp to include, among other things, the approved cultivar to be grown, including the state or county of origin.
This bill would require the testing plan of an established agricultural research institution and hemp breeder to provide for testing of a representative sample, instead of all, of the plants cultivated. The bill would require a grower of industrial hemp to include the country of origin, instead of the county of origin, of the approved cultivar in the registration application.
(3) Existing law prohibits a person convicted of a felony relating to a controlled substance under state or federal law before, on, or after January 1, 2020, from participating in the industrial hemp program for 10 years after the date of conviction. Existing law directs the Attorney General to furnish state summary criminal history information, as defined, to specified individuals, organizations, and agencies when necessary for the execution of official duties or to implement a statute or regulation. Existing law makes it a misdemeanor for a person who is authorized by law to receive state summary criminal history information to knowingly furnish that information to a person who is not authorized.
This bill would authorize a county agricultural commissioner to request and receive state and federal criminal history information from a local law enforcement agency to the extent necessary to determine whether a prospective participant is eligible to participate in the industrial hemp program. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(4) Existing law requires the Department of Food and Agriculture to submit specified registration information to the United States Department of Agriculture.
This bill would instead require the department to submit information relating to registrations described in a specified federal regulation to the United States Department of Agriculture.
The bill would require each registered established agricultural research institution, registered grower of industrial hemp, and registered hemp breeder to report to the Farm Service Agency of the United States Department of Agriculture specified information regarding its hemp production in the state, including the location, acreage, and license or registration number associated with each location in the state where hemp will be produced. By imposing new reporting requirements, the violation of which could be a crime, this bill would impose a state-mandated local program.
(5) Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions. Existing federal law, the Agricultural Marketing Act of 1946, as amended by the Agriculture Improvement Act of 2018, requires a state desiring to have primary regulatory authority over the production of industrial hemp in the state to submit to the United States Secretary of Agriculture, through the state department of agriculture, a plan, with specified contents, under which the state monitors and regulates hemp production.
Existing state law authorizes the Department of Food and Agriculture to establish and carry out an agricultural pilot program in accordance with the above-described provision of the federal Agricultural Act of 2014. Before cultivating industrial hemp, existing state law requires an established agricultural research institution to provide the Global Positioning System coordinates of the planned cultivation site to the county agricultural commissioner of the county in which the site is located.
This bill would make both of these provisions of state law inoperative on the date on which a state plan for California is approved by the United States Secretary of Agriculture, and would repeal these provisions on January 1 of the following year.
(6) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , added by Proposition 64 at the November 8, 2016, statewide general election, revised some provisions of state law regarding industrial hemp including, among others, the definition of "industrial hemp" that is used for purposes of the California Uniform Controlled Substances Act.
This bill would make technical, nonsubstantive changes to the definition of "industrial hemp" for purposes of the California Uniform Controlled Substances Act.
(7) This bill would make other related changes to provisions governing the cultivation of industrial hemp.
(8) 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.Statutes affected:
SB 292: 81002 FAC, 81003 FAC, 81004 FAC, 81004.5 FAC, 81006 FAC, 81007 FAC, 81008 FAC, 81011 FAC, 11018.5 HSC
02/01/21 - Introduced: 81002 FAC, 81003 FAC, 81004 FAC, 81004.5 FAC, 81006 FAC, 81007 FAC, 81008 FAC, 81011 FAC, 11018.5 HSC