On September 11, 2019, the California Assembly authorized SB-153, a bill aimed at generating substantial modifications 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 turn out to be law.
So what does SB-153 adjust 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 distinct) definitions for hemp normally below the California Well being and Security Code, and now below the Meals and Agriculture Code relative just to hemp cultivation.
- California will be necessary to submit a 2018 Farm Bill-compliant hemp production strategy to the U.S. Division of Agriculture by May perhaps 2020. This is necessary 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 method will perform, but CA is now locked into submitting a strategy.
- SB-153 will narrow the scope of who qualifies as an established agricultural investigation institution (“EARIs”) to be far more constant with federal law. Below present California hemp cultivation laws, the definition of EARIs is significantly broader than below 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. Presently, only industrial growers need to register. These modifications, in mixture with the narrowed definition of EARIs, will call for that some present hemp cultivators who qualify as EARIs will then will need to register as non-industrial cultivators.
- California will also mandate registration for EARIs and call for them to submit “research plans” to their neighborhood 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 most likely going to be a significant adjust for cultivators across the state operating below investigation memoranda of understanding with EARIs.
- The bill will develop enforcement provisions, penalties for false statements on applications, and a bar on persons from getting a component 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 cannabis.
We do not but know when the Governor will sign the bill, but if he does, this will be a single of the most substantial modifications to California hemp cultivation laws due to the fact the California Industrial Hemp Farming Act was initially passed. Keep tuned to the Canna Law Weblog for far more updates on this new law.