CALIFORNIA INDUSTRIAL HEMP LAW AND REGULATIONS

 

California Industrial Hemp Law
The following sections are extracts from Division 24 the California Food and Agricultural Code. They have been prepared by the Nursery, Seed, and Cotton
Program, Pest Exclusion Branch, California Department of Food and Agriculture. These extracts are provided for information purposes only. For the official
text, the user should consult the California Food and Agricultural Code published by the California State Legislature.
81000. Definitions.
(a) For purposes of this division, the following terms have the following meanings:
(1) “Approved state plan” means a state plan for California that is approved pursuant to Section 297B
of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture
Improvement Act of 2018 (Public Law 115-334)) and in effect.
(2) “Board” means the Industrial Hemp Advisory Board.
(3) “Cultivar” means a variety of industrial hemp.
(4) “Established agricultural research institution” means an institution that is either of the following:
(A) A public or private institution or organization that maintains land or facilities for agricultural
research, including colleges, universities, agricultural research centers, and conservation
research centers.
(B) An institution of higher education, as defined in Section 101 of the federal Higher Education Act
of 1965 (20 U.S.C. Sec. 1001), that grows, cultivates, or manufactures industrial hemp for
purposes of research conducted under an agricultural pilot program or other agricultural or
academic research.
(5) “Hemp breeder” means an individual or a public or private institution or organization that is registered
with the commissioner to develop cultivars intended for sale or research.
(6) “Industrial hemp” or “Hemp” means an agricultural product, whether growing or not, that is limited
to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant
and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers,
acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more
than 0.3 percent on a dry weight basis.
(7) “Industrial hemp program” means growth of industrial hemp pursuant to this division and, if in effect,
an approved state plan.
(8) “Premises” has the same meaning as defined in subdivision (ap) of Section 26001 of the Business
and Professions Code.
(9) “THC” means delta-9 tetrahydrocannabinol.
(10) “Variety development plan” means a strategy devised by a hemp breeder, or applicant hemp
breeder, detailing their planned approach to growing and developing a new cultivar for industrial
hemp.
(b) This section shall remain operative only until the date on which a state plan for California is approved
pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of
the federal Agricultural Improvement Act of 2018 (Public Law 115-334)), and as of January 1 of the
following year is repealed.

California Industrial Hemp Law (FAC §81000-81015)
(Amended by Stats. 2019, Ch. 838, Sec. 2. (SB 153) Effective January 1, 2020. Repealed on the date prescribed by
its own provisions. See later operative version added by Sec. 3 of Stats. 2019, Ch. 838.)
81000. Definitions.
(a) For purposes of this division, the following terms have the following meanings:
(1) “Approved state plan” means a state plan for California that is approved pursuant to Section 297B
of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture
Improvement Act of 2018 (Public Law 115-334)) and in effect.
(2) “Board” means the Industrial Hemp Advisory Board.
(3) “Cultivar” means a variety of industrial hemp.
(4) “Established agricultural research institution” means an institution of higher education, as defined in
Section 101 of the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1001), that grows,
cultivates, or manufactures industrial hemp for purposes of agricultural or academic research.
(5) “Hemp breeder” means an individual or a public or private institution or organization that is registered
with the commissioner to develop cultivars intended for sale or research.
(6) “Industrial hemp” or “Hemp” means an agricultural product, whether growing or not, that is limited
to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant
and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers,
acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more
than 0.3 percent on a dry weight basis.
(7) “Industrial hemp program” means growth of industrial hemp pursuant to this division and, if in effect,
an approved state plan.
(8) “Premises” has the same meaning as defined in subdivision (ap) of Section 26001 of the Business
and Professions Code.
(9) “Research plan” means a strategy devised by an established agricultural research institution, or
applicant established agricultural research institution, detailing its planned approach to growing or
cultivating hemp for academic or agricultural research.
(10) “THC” means delta-9 tetrahydrocannabinol.
(11) “Variety development plan” means a strategy devised by a hemp breeder, or applicant hemp
breeder, detailing their planned approach to growing and developing a new cultivar for industrial
hemp.
(b) This section shall become operative as of the date on which a state plan for California is approved
pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of
the federal Agricultural Improvement Act of 2018 (Public Law 115-334)).
(Repealed (in Sec. 2) and added by Stats. 2019, Ch. 838, Sec. 3. (SB 153) Effective January 1, 2020. Operative on
the date prescribed by its own provisions.)

Please click the link below to read the full PDF document.

https://www.cdfa.ca.gov/plant/industrialhemp/docs/CaliforniaIndustrialHempLawandRegulations.pdf