Hemp Regulations (County Code Chapter 7.04): Adopt a Resolution recommending adoption of an ordinance by the Board of Supervisors adding Chapter 7.04 to Title 7 of the San Benito County Code related to Hemp regulation, including but not limited to definitions, prohibitions, the establishment of the Hemp Entity Management Program, registration requirements and regulations, fees, zoning for cultivation, required setbacks, odor and pollen drift mitigation, minimum parcel size, other requirements and administration and enforcement provisions.  ENVIRONMENTAL EVALUATION: Exempt from CEQA, including, but not limited to, State CEQA Guidelines sections 15061, subd. (b)(3) and 15308.  APPLICANT/PROPONENT: San Benito County.  PROPERTY: Unincorporated San Benito County.

This item was presented to the Planning Commission in May 2019, but is brought back to the Planning Commission to consider additional changes to the ordinance prior to the Board's final adoption.  The changes would allow a laboratory to test both hemp and cannabis.  But except for laboratory testing, it would generally prohibit any person engaged in cannabis activities from also engaging in hemp activities within the County.

Prior Background:

The Agricultural Improvement Act of 2018, effective January 1, 2019, removed hemp from Schedule 1 of the Federal Controlled Substances Act.  Thus, hemp is no longer federally regulated as a controlled substance. 

Hemp registrations for general hemp cultivation will being shortly after the finalization of state regulations. 

According to industry proponents, it is estimated that California will become the largest hemp cultivation and production market in the United States.  As many as 25,000 products can be made from hemp, from use in the automobile industry (as reinforcement fiber), to use in foods,  to use in body care products and to treat physical ailments, to use as a biofuel. 

The Board has considered the issue of hemp and appointed a subcommittee to work on a draft hemp ordinance in light of changes in state and federal law, which has prompted great interest in both hemp cultivation, hemp manufacturing/extraction, and laboratory testing.  A proposed ordinance is presented to the Planning Commission for its review and recommendation.

Hold public hearing;

1.  Adopt Resolution recommending that the Board adopt an ordinance adding Chapter 7.04 to the San Benito County Code, related to hemp entities, and taking other related action.