California hemp regulations finalized, applications finally ready!

California legislative update and list of county hemp farming moratoriums

California Hemp Regulations Finalized, Applications Ready!
The Office of Administrative Law (OAL) approved Section 4900 in Title 3 of the California Code of Regulations pertaining to industrial hemp cultivation registration fees on April 25, 2019. OAL has also approved the California Department of Food and Agriculture (CDFA) request for the regulation to take effect immediately.

CDFA posted the grower application form on Tuesday April 30th and you can begin submitting applications to your county agriculture commissioner immediately.

County Moratoriums
A number of California counties have passed moratoriums on hemp cultivation prior to the finalization of hemp regulations by CDFA. Some counties have chosen to block hemp farming due concerns regarding cross pollination with marijuana grows. Other counties have passed moratoriums over concerns regarding unlicensed research institute projects. Counties which have current moratoriums include: Calaveras, Inyo (indoor only), Lassen, Mariposa, Mendocino, Nevada, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta, Siskyou, Sonoma, Sutter, Tehama, Toulumne, Yolo and Yuba.

We recommend you contact your county commissioner to find out more. To locate and contact your county ag. commissioner, visit the CDFA county commissioners page.

California Hemp Council
The California Hemp Council (CHC) was formed to represent the interests of the hemp industry in California with a unified voice. Vote Hemp is a founding member and is working with the CHC to advocate for full implementation of laws and regulations that will open California up to hemp cultivation and the use and sale of hemp products. The CHC also met with Governor Newsom’s staff to educate them on key issues and advocate for reasonable policies and regulations. This year, the CHC is pursuing multiple legislative measures, in addition to our push for expedited regulations, to ensure that California has a clear and legal path for hemp cultivation and product use within the Golden State.

Below is a brief summary of those efforts:

AB 228 (Aguiar-Curry – D, Winters CA): Would state that a food, beverage, or cosmetic is not adulterated by the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp, and would prohibit restrictions on the sale of food, beverages, or cosmetics that include industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp based solely on the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp. This measure will provide clarity regarding the sale of hemp products with a specific focus on correcting the California Department of Public Health’s (CDPH) misunderstanding of hemp derived products and their legality. The bill will also provide regulatory authority by CDPH over hemp food, dietary supplements and cosmetic products.
Status: Passed unanimously in first two policy committees. Pending consideration in Assembly Appropriations Committee.

SB 153 (Wilk – R, Lancaster CA): Amends California law to reflect the needed changes to conform with the 2018 federal farm bill. Full implementation of a state plan will finally allow California farmers to fully engage in the hemp industry.
Status: Passed unanimously out of Senate Agriculture Committee.

CDFA Hemp Regulations
CDFA has completed promulgation of regulations to establish a registration program for hemp farmers. These regulations are imperative to allow widespread cultivation of hemp in California. The CHC and Vote Hemp have worked closely with CDFA and the Hemp Advisory Board members to improve the regulations and will continue as they move to complete hemp sampling and THC testing regulations.