California Senate Passes CA SB1409 to Nullify Federal Hemp Prohibition Practices – June 4th 2018

California Senate - CA SB1409

Hemp Field located in the state of California

Sen. Scott Wilk (R-Santa Clarita), along with a bipartisan coalition of three cosponsors, introduced Senate Bill 1409 (SB1409) on Feb. 16. The legislation would increase the availability of industrial hemp seed in California by repealing a requirement that seed cultivars must be certified on or before January 1, 2013, in order to be included on the state’s approved seed list. In effect, this will expand the types of hemp seed available to growers.

Introduced by Senator Wilk
(Coauthors: Senators Galgiani, Glazer, and Wiener)
(Coauthor: Assembly Member Lackey)
February 16, 2018

The bill was passed with 37 – 0. < Click To View Vote Results

Bill Title: Industrial hemp.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2018-05-31 – In Assembly. Read first time. Held at Desk. [SB1409 Detail]

Text: Latest bill text (Amended) [HTML]

What does the SB1409 Actually Say?

Legislative Digest (The Overall Purpose of this Bill).

Existing law governs the growth of industrial hemp and imposes specified procedures and requirements on a person who grows industrial hemp, not including an established agricultural research institution. Existing law defines “industrial hemp” to be the same as that term is defined in the California Uniform Controlled Substances Act, which defines that term as a fiber or oilseed crop, or both, that is limited to the nonpsychoactive types of the plant Cannabis sativa L. and the seed produced from that plant, and that meets other specified criteria. Existing law requires that industrial hemp only be grown if it is on the list of approved hemp seed cultivars, which includes industrial hemp seed cultivars certified on or before January 1, 2013, by specific organizations, except as specified. Existing law requires industrial hemp to be grown only as a densely planted fiber or oilseed crop, or both, in minimum acreages, as provided, except as specified. Existing law prohibits the ornamental and clandestine cultivation of industrial hemp plants, and, except under specified circumstances, pruning and tending of individual industrial hemp plants and culling of industrial hemp.

Existing law requires a grower of industrial hemp, as specified, and a seed breeder, as defined, to register with the county agricultural commissioner and to pay a registration or renewal fee, as specified. Existing law requires that the fees be deposited into the Department of Food and Agriculture Fund and continuously appropriated for use in the administration and enforcement of these provisions. Existing law requires that an application for registration include information about the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop, or, in the case of a seed breeder, for seed production.
This bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars. The bill would also delete the prohibitions on ornamental cultivation of industrial hemp plants, pruning and tending of individual industrial hemp plants, and culling of industrial hemp.

By establishing removing limitations on the types of industrial hemp seed cultivars that may be cultivated, and the purposes for which they may be cultivated, with payment of a registration or renewal fee, this bill would establish new sources of revenue for a continuously appropriated fund, the bill would make thereby making an appropriation. The bill would authorize a county agricultural commissioner or a county, as appropriate, to retain the amount of a registration or renewal fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee. The bill would also authorize the board of supervisors of a county to establish a registration or renewal fee to cover other costs of the county agricultural commissioner and the county of implementing, administering, and enforcing these provisions, as provided.

Under the bill, “industrial hemp” would no longer be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop. The bill would delete the requirement that industrial hemp be grown as a fiber or oilseed crop, or both. The bill would also delete the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop.
The bill would authorize a city or county, by local ordinance, to prohibit growers or seed breeders from conducting, or otherwise limit growers’ or seed breeders’ conduct of, industrial hemp cultivation, regardless of whether growers or seed breeders meet, or are exempt from, the registration requirements in the above-described provisions or any other law. 

The bill would authorize a city or county, by local ordinance and upon making a specified finding, to prohibit growers from conducting, or otherwise limit growers’ conduct of, industrial hemp cultivation, regardless of whether growers meet, or are exempt from, the registration requirements in the above-described provisions or any other law.

(2) Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes.
The bill would also authorize the department, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.

Highlights of Amended Text For CA SB1409

SEC. 2.

 Section 81003 of the Food and Agricultural Code is amended to read:

(f)A city or county may prohibit growers from conducting, or otherwise limit growers’ conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether growers meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the limitation.

SEC. 3.

 Section 81004 of the Food and Agricultural Code is amended to read:

(h)A city or county may prohibit seed breeders from conducting, or otherwise limit seed breeders’ conduct of, industrial hemp cultivation in the city or county by local ordinance, regardless of whether the seed breeders meet, or are exempt from, requirements for registration pursuant to this division or any other law. A limitation pursuant to this subdivision shall be effective as of the date on which the city or county notifies the department, secretary, and applicable commissioner of the limitation.

SEC. 4.

 Section 81005 of the Food and Agricultural Code is amended to read:

(c) The board of supervisors of a county may establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing the provisions of this division, except for costs that are otherwise reimbursed pursuant to subdivision (b), to be charged and collected by the commissioner upon registrations or renewals required pursuant to Section 81003 or 81004 and retained by the commissioner or the county, as appropriate.

The Breakdown, what CA SB1409 will do for California:

As it reads, it means that county and city officials are no longer allowed to prohibit growers or breeders from conducting or otherwise limit the seed breeders or growers from doing their work. This is a great step forward for Industrial Hemp overall, and Heartland Hemp Inc. hopes to see more states like California adopt these same rulings. 

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