California Hemp Law

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No hemp was grown in California last year

On this page you will find California hemp law along with a history of how California hemp bills have progressed through the State capitol over the years.  We also provide links to important information concerning California hemp programs and state agency advisories or opinion letters. Our goal is to keep the public, media and policy makers informed on each states status concerning hemp law and policy.


California Hemp Resources

California Department of Food & Agriculture hemp page

California Industrial Hemp Law (PDF)

California Proposition 64 text with hemp language (PDF)

California Attorney General (Kamala Harris) legal opinion on hemp cultivation – 6/6/14

California Crop Improvement Association Industrial Hemp Seed Certification Standards

Vote Hemp responds to misguided California Dept. of Health statement on CBD – 7/23/18

Vote Hemp one pager on CBD – 8/16/18

California Hemp Association

Recent News

Confusion surrounds policies on CBD shops

Kim Sisson and her brother were walking along the Venice Beach Boardwalk, helping their 78-year-old father get some sun,...

Maldonado growing hemp—not cannabis—on his SLO ranch, county says, raising questions about rules for both crops 

Former Lt. Gov. Abel Maldonado's large Central Coast ranch just happens to straddle the San Luis Obispo and Santa...

CA Dept. of Public Health issues misguided statement on “hemp foods”

As you may know, California’s Department of Public Health (“CDPH”) issued a misguided FAQ stating that hemp derived CBD and...

California Hemp Law

California Industrial Hemp Law (PDF)

California Hemp Legislation

2018
SB 1409

(1) Existing law governs the growth of industrial hemp and imposes specified procedures and requirements on a person who grows industrial hemp, not including an established agricultural research institution. Existing law defines “industrial hemp” to be the same as that term is defined in the California Uniform Controlled Substances Act, which defines that term as a fiber or oilseed crop, or both, that is limited to the nonpsychoactive types of the plant Cannabis sativa L. and the seed produced from that plant, and that meets other specified criteria. Existing law requires that industrial hemp only be grown if it is on the list of approved hemp seed cultivars, which includes industrial hemp seed cultivars certified on or before January 1, 2013, by specific organizations, except as specified. Existing law requires industrial hemp to be grown only as a densely planted fiber or oilseed crop, or both, in minimum acreages, as provided, except as specified. Existing law prohibits the ornamental and clandestine cultivation of industrial hemp plants, and, except under specified circumstances, pruning and tending of individual industrial hemp plants and culling of industrial hemp.

Existing law requires a grower of industrial hemp, as specified, and a seed breeder, as defined, to register with the county agricultural commissioner and to pay a registration or renewal fee, as specified. Existing law requires that the fees be deposited into the Department of Food and Agriculture Fund and continuously appropriated for use in the administration and enforcement of these provisions. Existing law requires that an application for registration include information about the approved seed cultivar to be grown and whether the seed cultivar will be grown for its grain or fiber, or as a dual purpose crop, or, in the case of a seed breeder, for seed production.

This bill would delete the requirement that industrial hemp seed cultivars be certified on or before January 1, 2013, in order to be included on the list of approved hemp seed cultivars. The bill would also delete the prohibitions on ornamental cultivation of industrial hemp plants, pruning and tending of individual industrial hemp plants, and culling of industrial hemp. By establishing removing limitations on the types of industrial hemp seed cultivars that may be cultivated, and the purposes for which they may be cultivated, with payment of a registration or renewal fee, this bill would establish new sources of revenue for a continuously appropriated fund, the bill would make thereby making an appropriation. The bill would authorize a county agricultural commissioner or a county, as appropriate, to retain the amount of a registration or renewal fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee. The bill would also authorize the board of supervisors of a county to establish a registration or renewal fee to cover other costs of the county agricultural commissioner and the county of implementing, administering, and enforcing these provisions, as provided.

Under the bill, “industrial hemp” would no longer be defined in the California Uniform Controlled Substances Act as a fiber or oilseed crop. The bill would delete the requirement that industrial hemp be grown as a fiber or oilseed crop, or both. The bill would also delete the requirement that an application for registration include information about whether a seed cultivar is being grown for its grain or fiber, or as a dual purpose crop.
The bill would authorize a city or county, by local ordinance, to prohibit growers or seed breeders from conducting, or otherwise limit growers’ or seed breeders’ conduct of, industrial hemp cultivation, regardless of whether growers or seed breeders meet, or are exempt from, the registration requirements in the above-described provisions or any other law. The bill would authorize a city or county, by local ordinance and upon making a specified finding, to prohibit growers from conducting, or otherwise limit growers’ conduct of, industrial hemp cultivation, regardless of whether growers meet, or are exempt from, the registration requirements in the above-described provisions or any other law.

(2) Existing federal law, the Agricultural Act of 2014, authorizes an institution of higher education, as defined, or a state department of agriculture, as defined, to grow or cultivate industrial hemp under an agricultural pilot program, as defined, under certain conditions, including the condition that a state department of agriculture is authorized to promulgate regulations to carry out the pilot program in accordance with specified purposes.

The bill would also authorize the department, as part of the industrial hemp registration program, to establish and carry out, by regulation, an agricultural pilot program pursuant to the federal Agricultural Act of 2014 in accordance with those specified purposes.

Position: Support, sponsoring
Status: Signed into law by Gov. Brown’s on Sept. 30, 2018

2014
SB 1304

Amends S.64, S.81006 is maintenance of the codes legislation that does not make substantive changes to existing law. It includes previously passed hemp legislation.

Position: Support
Status: 
Approved by Gov. Brown on June 28, 2014

2013
SB 566

An act to add Division 24 (commencing with Section 81000) to, and to repeal Section 81003 of, the Food and Agricultural Code, and to amend Section 11018 of, and to add Section 11018.5 to, the Health and Safety Code, relating to industrial hemp. Introduced on 2/22/13. Download the text of SB 566 as chaptered here (PDF file 294k).

Position: Support
Status:
 Signed by Governor Brown on 9/27/13.

AB 1137

An act to amend Section 11018 of, and to add Section 11018.5 to, the Health and Safety Code, relating to industrial hemp. Introduced on 2/22/13. Download the text of AB 1137 as Introduced here (PDF file 205k).

2011
SB 676

An Act relating to industrial hemp. Introduced on 2/18/11. Passed the Senate on a vote of 26 to 13 on 9/8/2011. Passed the Assembly on a vote of 49 to 22 on 9/7/2011. Download the text of SB 676 as Introduced here (PDF file 164k). Download the text of SB 676 as amended and Passed in the Senate here (PDF file 164k).

Status: Vetoed by Governor Brown on 10/09/2011. Read the text of the Governor’s  SB 676 Veto Message (PDF).

2008
AB 684

An act to amend Section 11018 of, and to add Section 11018.5 to, the Health and Safety Code, relating to industrial hemp. Download the text of AB 684 as Introduced here (PDF file 156k). Download the text of AB 684 as Enrolled here (PDF file 100k)

Status: Vetoed by Governor Schwarzenegger on 10/11/2008. Download the text of the Governor’s Veto Message here (PDF file 12k).

2007
AB 684

An act to amend Section 11018 of, and to add Section 11018.5 to, the Health and Safety Code, relating to industrial hemp. Introduced on 2/21/07. Passed out of the General Assembly on 5/10/07 by a vote of 41 to 29. Passed the Senate Agriculture Committee by a vote of 3-1 on 7/3/2007. Passed the Senate Public Safety Committee by a vote of 3-2on 7/10/2007. Re-referred to the Senate Appropriations Committee. Passed the Senate Appropriations Committee by a vote of 9-1 on 8/21/2007. Passed the Senate by a vote of 26-13 on 9/11/2007. In the Assembly the concurrence vote was 46-29 on 9/12/2007. Download the text of AB 684 as Introduced here (PDF file 156k). Download the text of AB 684 as Enrolled here (PDF file 100k).

Status: Vetoed by Governor Schwarzenegger on 10/11/07. Download the text of the Governor’s Veto Message here (PDF file 12k).

2006
AB 1147

Amends sections of the Health and Safety Code, relating to industrial hemp, and defines the plant as distinct from marijuana. Held over from 2005 (see below). Heard on 1/10/06 before the Assembly Public Safety Committee (passed 4 to 2) and on 1/18/06 before the Assembly Appropriations Committee (passed 13 to 3). Passed out of the General Assembly on 1/26/06 by a vote of 44 to 32. Then made it out of a couple Senate Committees and passed out of the full Senate on 8/16/06 by a vote of 26 to 13. Passed out of the Assembly again on a concurrence vote (for Senate amendments) of 44 to 29 on 8/21/06. Enrolled and sent to the Governor on 9/5/06 
for his signature. Vetoed by Gov. Schwarzenegger on 9/30/06.
Download the text of AB 1147 as Introduced here (PDF file 490k).
Download the text of AB 1147 as Enrolled here (PDF file 83k).
Download the text of the Governor’s Veto Message here (PDF file 19k).

2005
AB 1147

Amends sections of the Health and Safety Code, relating to industrial hemp, and defines the plant as distinct from marijuana. Introduced on 2/22/05. Heard on 4/27/05 before the Agriculture Committee. Held over until 2006.

2002
AB 388

Passed on 8/15/02, but vetoed by Gov. Davis on 9/15/02.
Download the text of AB 388 as Introduced here (PDF file 43k).
Download the text of AB 388 as Enrolled here (PDF file 43k).

2001
AB 448

Died in committee.
Download the text of AB 448 as Introduced here (PDF file 43k).
Download the text of AB 448 as Amended here (PDF file 43k).

1999
HR 32

Passed into law.
Download the text of HR 32 here (PDF file 43k).