On October 12, 2019, Governor Newsom announced that he had signed SB-153, a bill aimed at producing important adjustments to California’s hemp cultivation law. As I’ve written ahead of, the bill is a key modify for California hemp laws for the following motives:
- The bill adds a new definition of “industrial hemp”. There are now separate (and slightly various) 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 is needed to submit a 2018 Farm Bill-compliant hemp production strategy to the U.S. Division of Agriculture by Could 2020. This is needed beneath 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 function, but CA is now locked into submitting a strategy.
- SB-153 narrows the scope of who qualifies as an established agricultural investigation institution (“EARIs”) to be far more constant with federal law. Beneath existing California hemp cultivation laws, the definition of EARIs is considerably broader than beneath federal law. SB-153 will, after 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 mandates registration for industrial and non-industrial growers who don’t qualify as EARIs. Previously, only industrial growers have to register. These modifications, in mixture with the narrowed definition of EARIs, need that some existing hemp cultivators who qualify as EARIs will then require to register as non-industrial cultivators.
- California now also mandates registration for EARIs and need them to submit “research plans” to their nearby county agricultural commissioner that detail what their cultivation operations will appear like. This is a brand new notion that was not integrated in the original California Industrial Hemp Farming Act and is probably going to be a key modify for cultivators across the state operating beneath 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 plan if they had a conviction relating to controlled substances in the prior 10-year period.
- SB-153 clarifies that hemp can not be cultivated in a licensed cannabis premises, but that if it is, it will be viewed as cannabis.
Now that SB-153 is the law, hemp organizations across the state will require to adjust how they operate to make certain 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 possibly be a mess—as usual. Keep tuned to the Canna Law Weblog for far more California hemp cultivation updates.