MEETING DATE: 2/19/2019
DEPARTMENT: AGRICULTURAL COMMISSIONER
DEPT HEAD/DIRECTOR: K. Overstreet
AGENDA ITEM PREPARER: K. Overstreet
SBC DEPT FILE NUMBER: 1.1
SUBJECT:
AGRICULTURE DEPARTMENT - K. OVERSTREET
Discussion on the cultivation of industrial hemp and provide direction to staff.
SBC FILE NUMBER: 1.1
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
The California Industrial Hemp Farming Act (Senate Bill 566, Chapter 398, Statutes of 2013) was signed into law to authorize the commercial production of industrial hemp in California. The Act became effective on January 1, 2017, due to a provision in the Adult Use of Marijuana Act (Proposition 64, November 2016), and is now codified as Division 24 (commencing with section 81000) of the California Food and Agricultural Code.
The Farm Bill 2018 removes the plant cannabis sativa L. from the Controlled Substances Act if it or a plant contains no more than 0.3% THC on a dry-weight basis. This applies to any and all parts of the plant. States must develop regulations that include: THC testing procedures, including inspections done at least annually; bookkeeping procedures to keep track of land approved for hemp cultivation and plans for “effective disposal” of hemp plants with too much THC.
California law requires a grower of industrial hemp for commercial purposes to register with the agricultural commissioner of the county in which the grower intends to engage in industrial hemp cultivation, pursuant to section 81003 of the Food and Agricultural Code. Section 81003 reads as follows:
(a) (1) Except for an established agricultural research institution, and before cultivation, a grower of industrial hemp for commercial purposes shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation.
(2) The application shall include all of the following:
(A) The name, physical address, and mailing address of the applicant.
(B) The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.
(C) The approved seed cultivar to be grown, including the state or county of origin.
(3) (A) The application shall be accompanied by a registration fee, as determined pursuant to Section 81005.
(B) A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew his or her registration and pay an accompanying renewal fee, as determined pursuant to Section 81005.
(b) If the commissioner determines that the requirements for registration pursuant to this division are met, the commissioner shall issue a registration to the applicant.
Registration is not yet available pending adoption of proposed regulations by the California Department of Food and Agriculture (CDFA) establishing the registration process and annual fee.
The California Department of Food and Agriculture (CDFA) will enter into a Memorandum of Understanding (MOU) with the California Agricultural Commissioners and Sealers Association (CACASA) that will define the enforcement and administration responsibilities of both the Department and the commissioners, and the method for reimbursement of county costs. Staff seeks direction from the Board of Supervisors regarding how it would like to handle industrial hemp.
BUDGETED: