On September 11, 2019, the California Assembly authorized SB-153, a bill aimed at generating considerable 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 broadly anticipated that the bill will be executed and turn into law.
So what does SB-153 transform specifically? Right here are some of SB-153’s critical provisions:
- The bill adds a new definition of “industrial hemp”. If the bill becomes law, then there will be separate (and slightly various) definitions for hemp frequently beneath the California Overall health and Security Code, and now beneath the Meals and Agriculture Code relative just to hemp cultivation.
- California will be essential to submit a 2018 Farm Bill-compliant hemp production program to the U.S. Division of Agriculture by May possibly 2020. This is essential 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 program.
- SB-153 will narrow the scope of who qualifies as an established agricultural analysis institution (“EARIs”) to be additional constant with federal law. Beneath 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 program, 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 will have to register. These modifications, in mixture with the narrowed definition of EARIs, will demand 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 demand 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 main transform for cultivators across the state operating beneath analysis memoranda of understanding with EARIs.
- The bill will produce enforcement provisions, penalties for false statements on applications, and a bar on persons from getting a element 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 considerable modifications to California hemp cultivation laws because the California Industrial Hemp Farming Act was initially passed. Remain tuned to the Canna Law Weblog for additional updates on this new law.