Big Modifications to California Hemp Cultivation Laws are on the Horizon

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On September 11, 2019, the California Assembly authorized SB-153, a bill aimed at creating important adjustments to California’s hemp cultivation law. As of September 13, 2019, the bill moved to “enrolled” status, which means that it is cleared each homes of the California legislature and will move to the Governor’s workplace for his signature. It is extensively anticipated that the bill will be executed and develop into law.

So what does SB-153 modify specifically?  Right here are some of SB-153’s essential provisions:

  • The bill adds a new definition of “industrial hemp”.  If the bill becomes law, then there will be separate (and slightly unique) definitions for hemp frequently beneath the California Well being and Security Code, and now beneath the Meals and Agriculture Code relative just to hemp cultivation.
  • California will be expected to submit a 2018 Farm Bill-compliant hemp production strategy to the U.S. Division of Agriculture by May well 2020. This is expected beneath federal law, in order for states to comply with the 2018 Farm Bill. We nonetheless are awaiting USDA regulations to see how the submission course of action will perform, but CA is now locked into submitting a strategy.
  • SB-153 will narrow the scope of who qualifies as an established agricultural analysis institution (“EARIs”) to be much more constant with federal law.  Below present California hemp cultivation laws, the definition of EARIs is considerably broader than beneath federal law. SB-153 will, as soon as the USDA approves of CA’s hemp production strategy, narrow the scope of who qualifies as an EARI to be constant with federal law.
  • California will mandate registration for industrial and non-industrial growers who don’t qualify as EARIs. At the moment, only industrial growers ought to register. These modifications, in mixture with the narrowed definition of EARIs, will need that some present hemp cultivators who qualify as EARIs will then need to have to register as non-industrial cultivators.
  • California will also mandate registration for EARIs and need them to submit “research plans” to their regional county agricultural commissioner that detail what their cultivation operations will appear like. This is a brand new idea that was not incorporated in the original California Industrial Hemp Farming Act and is probably going to be a key modify for cultivators across the state operating beneath analysis memoranda of understanding with EARIs.
  • The bill will generate enforcement provisions, penalties for false statements on applications, and a bar on persons from becoming a portion of the industrial hemp plan if they had a conviction relating to controlled substances in the prior 10-year period.
  • SB-153 clarifies that hemp cannot be cultivated in a licensed cannabis premises, but that if it is, it will be regarded as cannabis.

We do not but know when the Governor will sign the bill, but if he does, this will be one particular of the most important adjustments to California hemp cultivation laws given that the California Industrial Hemp Farming Act was initially passed. Remain tuned to the Canna Law Weblog for much more updates on this new law.

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