BREAKING NEWS: California Hemp Laws Get Revamped

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On October 12, 2019, Governor Newsom announced that he had signed SB-153, a bill aimed at generating considerable modifications to California’s hemp cultivation law. As I’ve written ahead of, the bill is a big modify for California hemp laws for the following causes:

  • The bill adds a new definition of “industrial hemp”.  There are now separate (and slightly diverse) definitions for hemp frequently below the California Well being and Security Code, and now below the Meals and Agriculture Code relative just to hemp cultivation.
  • California is expected to submit a 2018 Farm Bill-compliant hemp production program to the U.S. Division of Agriculture by Might 2020. This is expected below federal law, in order for states to comply with the 2018 Farm Bill. We nevertheless are awaiting USDA regulations to see how the submission course of action will operate, but CA is now locked into submitting a program.
  • SB-153 narrows the scope of who qualifies as an established agricultural investigation institution (“EARIs”) to be much more constant with federal law.  Below present California hemp cultivation laws, the definition of EARIs is considerably broader than below federal law. SB-153 will, as soon as the USDA approves of CA’s hemp production program, narrow the scope of who qualifies as an EARI to be constant with federal law.
  • California mandates registration for industrial and non-industrial growers who don’t qualify as EARIs. Previously, only industrial growers will have to register. These modifications, in mixture with the narrowed definition of EARIs, demand that some present hemp cultivators who qualify as EARIs will then will need to register as non-industrial cultivators.
  • California now also mandates registration for EARIs and demand 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 notion that was not incorporated in the original California Industrial Hemp Farming Act and is probably going to be a big modify for cultivators across the state operating below investigation memoranda of understanding with EARIs.
  • SB-153 creates enforcement provisions, penalties for false statements on applications, and a bar on persons from becoming a portion of the industrial hemp system 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.

Now that SB-153 is the law, hemp corporations across the state will will need to adjust how they operate to make sure compliance with the law. It is not clear from SB-153’s text when particular components take impact, and we do not however have any official guidance by the California Division of Meals and Agriculture (which regulates hemp cultivators) on compliance, so compliance may perhaps be a mess—as usual. Keep tuned to the Canna Law Weblog for much more California hemp cultivation updates.

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