Industrial Hemp
Section § 81000
This section defines key terms related to California's industrial hemp program. An 'approved state plan' is a federally approved plan for California's hemp industry. The 'Board' is the Industrial Hemp Advisory Board, and 'cultivar' refers to a type of industrial hemp. 'Disposal' relates to federal regulations, while an 'established agricultural research institution' is one that conducts hemp research. A 'hemp breeder' is registered by the state to develop new hemp types. 'Industrial hemp' includes parts of the Cannabis sativa L. plant with low THC content. The 'industrial hemp program' involves growing hemp as per this division and, if applicable, the state plan. 'Measurement of uncertainty' refers to the variability in measurement results. 'Premises' aligns with business terminology, and 'THC' is a chemical compound in hemp. Lastly, a 'variety development plan' outlines a hemp breeder's strategy for creating new hemp types. This section is only valid until California's state plan is federally approved.
Section § 81000
This section defines key terms related to industrial hemp in California. An approved state plan refers to California's compliance with federal guidelines for hemp production. The Industrial Hemp Advisory Board, or 'Board', oversees hemp-related activities. A 'cultivar' is a specific variety of hemp. Hemp breeders are registered entities developing new hemp types. Industrial hemp includes parts of the Cannabis sativa plant with very low THC levels. Institutions growing hemp for research are known as established agricultural research institutions. Terms like 'premises', 'disposal', 'THC', and plans for research or variety development are specifically defined to guide operations under this law. The law becomes active once California's state plan is federally approved.
Section § 81001
This law establishes the Industrial Hemp Advisory Board in California's Department of Agriculture, consisting of 13 members appointed by the secretary. The board includes industrial hemp growers, agricultural research institution members, a representative from the California State Sheriffs' Association, a county agricultural commissioner, business representatives selling hemp products, and a public member.
The board members are expected to represent the interests of the hemp industry and are subject to conflict-of-interest rules. Board members serve three-year terms without salary but may be reimbursed for meeting-related expenses.
The board advises the secretary on issues like hemp seed laws, regulations, enforcement, budgets, and other related matters. It elects a chair annually and can meet as needed, but must meet at least once a year to discuss financial matters.
Section § 81002
This law outlines rules for growing industrial hemp in California. Generally, farmers must use only approved varieties of hemp unless they are a registered research institution or breeder. The approved list includes varieties certified by certain organizations like the Association of Official Seed Certifying Agencies or those certified in California.
The California Department of Food and Agriculture can update this list by adding or removing varieties, and this process doesn't follow the usual bureaucratic rules. They will consult with a board and hold public hearings to decide how new varieties are added or removed from the list. The method and procedure for these updates are documented and shared publicly.
Section § 81003
Before growing industrial hemp in California, you need to register with the county commissioner where you plan to cultivate. Your application must include your personal and location details, the land's map and GPS coordinates, and the type of hemp you're growing, along with a fee. Registration is valid for a year, and you must renew it annually.
If you want to change where you grow or store hemp, or the type of hemp, update your registration before making changes. The county will inform you when you can proceed. All collected data is shared with the state's department and the USDA within specified time frames, and must be kept on file for at least three years.
Section § 81004
Before growing industrial hemp, breeders must register with their local county commissioner unless they are an established research institution. The application needs to include details about the applicant and the land where hemp will be cultivated, along with a plan for developing hemp varieties. This plan should explain how new varieties will be certified, include testing procedures, and detail measures for handling plants with high THC levels. Registrations last one year and need renewal with a fee.
If there are changes to the land or cultivar, breeders must notify the commissioner and update their registration. Breeders must keep all records about their variety development plan and make them available for inspection.
The commissioner reports this information to the state department quickly, and the state forwards relevant details to the USDA. Information collected must be kept for at least three years.
Section § 81004.5
If you're an agricultural research institution in California and you want to grow hemp for research, you must first register with the local county. Your application must include your contact info, a detailed map of where you'll grow or store hemp, a research plan, and how you plan to handle hemp that exceeds legal THC levels. Registration lasts one year, and any changes to your research area or plan need to be updated with the county. The county then checks everything and notifies you if you're good to go. Records of your research must be maintained and accessible to officials. The local county and state department have specific timelines to share and retain this registration information with federal authorities. The law becomes active when California's state plan gets federal approval.
Section § 81004.6
This law requires every registered agricultural research institution, industrial hemp grower, and hemp breeder in California to report their hemp production details to the Farm Service Agency of the USDA. They need to provide the street address and if possible, the exact geospatial location for each hemp production site within the state.
Also, they must report the acreage or square footage used for hemp production at each location, along with the corresponding license or registration number for those sites.
Section § 81005
This law section outlines the fees that must be paid by growers of industrial hemp and hemp breeders for registration and renewal. It excludes established agricultural research institutions from these fees. The fees are intended to cover the costs of implementing, managing, and enforcing hemp regulations.
Counties can also establish their own fees to cover costs involved in these processes if they're not already covered by the state-collected fees. The collected fees are mainly forwarded to the state's Department of Food and Agriculture but a portion can be retained to cover local collection costs.
Section § 81006
This law outlines specific regulations for the cultivation of industrial hemp. First, it must be grown in plots of at least one-tenth of an acre, unless it is managed by registered research institutions or breeders. All hemp plots require signage, and clandestine growing is prohibited. Furthermore, hemp and cannabis can't be cultivated on the same premises without designated permissions.
Importantly, hemp must undergo laboratory testing before harvesting to ensure THC levels do not exceed 0.3%. Testing involves sampling with specific procedures, and if THC is under 0.3%, the crop is labeled as industrial hemp. If THC measures above 1%, the hemp must be destroyed. Those cultivating hemp correctly won't be prosecuted, even if THC is above the limit but under 1%.
Special rules apply for research institutions and breeders. They can grow hemp with THC over 0.3% if it contributes to developing compliant hemp. Documentation from test results must be retained for two years and shared upon request with officials or purchasers.
Section § 81007
This law allows a department in California to start an agricultural pilot program as part of a registration system. The program should adhere to a federal law from 2014 aimed at agricultural innovation.
This section of the law will only be active until California's own agricultural plan is approved under a more recent 2018 federal law. Once approved, this section will be repealed the following January.
Section § 81009
By January 1, 2019, or five years after federal authorization, a board, working with the Hemp Industries Association, must report on industrial hemp in California. The report goes to the Assembly and Senate Committees on Agriculture and Public Safety.
The report needs to cover the economic effects of hemp farming and manufacturing in California. It should also compare these impacts with other states where hemp farming might be allowed.
Section § 81010
This regulation, along with Section 221, started being in effect from January 1, 2017.
Section § 81011
Before growing industrial hemp, research institutions must give the GPS coordinates of their cultivation site to the county's agricultural commissioner.
This rule is only temporary and will stop being effective once California's state hemp plan gets approved under certain federal laws. After approval, this law section will be repealed the next January 1st.
Section § 81012
This law outlines the enforcement procedures for California's state plan related to the cultivation of industrial hemp. Growers, research institutions, and breeders must comply with federal guidelines, including providing legal land descriptions, registering properly, and staying within THC limits (0.3%). If they negligently violate rules, they must follow a corrective plan or face a five-year program ban after three violations. Intentional or severe violations require reporting to federal and state Attorney Generals. The law takes effect only after the state plan is federally approved.
Section § 81013
If someone is convicted of a felony involving controlled substances, they cannot join the industrial hemp program for 10 years after the conviction date. This rule applies to any convictions happening before, on, or after January 1, 2020.
Section § 81014
If someone knowingly gives false information on applications related to the industrial hemp program, they cannot take part in the program.
Section § 81015
This law section requires California's Secretary, in consultation with the Governor and the Attorney General, to create and submit a plan to the U.S. Secretary of Agriculture by May 1, 2020. The plan must comply with federal requirements under the Agricultural Marketing Act of 1946 and confirm that the state can implement the necessary agricultural practices and procedures. The Secretary must also add an annex listing the included state plan provisions and any extra enforcement requirements.