On September 11, 2019, the California Assembly authorized SB-153, a bill aimed at creating important alterations 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 precisely? Right here are some of SB-153’s vital 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 commonly beneath the California Overall health and Security Code, and now beneath the Meals and Agriculture Code relative just to hemp cultivation.
- California will be needed to submit a 2018 Farm Bill-compliant hemp production program to the U.S. Division of Agriculture by Might 2020. This is needed 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 procedure will perform, but CA is now locked into submitting a program.
- SB-153 will narrow the scope of who qualifies as an established agricultural study institution (“EARIs”) to be far more constant with federal law. Beneath present California hemp cultivation laws, the definition of EARIs is significantly broader than beneath federal law. SB-153 will, when 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. At the moment, only industrial growers ought to register. These modifications, in mixture with the narrowed definition of EARIs, will need 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 need them to submit “research plans” to their regional 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 most likely going to be a significant adjust for cultivators across the state operating beneath study memoranda of understanding with EARIs.
- The bill will generate enforcement provisions, penalties for false statements on applications, and a bar on persons from becoming a portion 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 can not be cultivated in a licensed cannabis premises, but that if it is, it will be viewed as cannabis.
We do not however know when the Governor will sign the bill, but if he does, this will be one particular of the most important alterations 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.