Federal Law
The 2018 federal “Farm Bill” removes hemp from the grips of the Controlled Substances Act. The bill redefines hemp as “parts of the cannabis plant containing 0.3% or less THC.” Since President Trump signed the bill into law, the industry continues to rapidly expand.
California Law
The California Department of Food & Agriculture is now accepting applications to legally cultivate hemp. Along with their applications, applicants are required to pay a nine-hundred dollar annual registration fee. In addition, applicants must submit a renewal application with their registration fees annually. Anyone cultivating industrial hemp for commercial purposes, seed production, or seed development must apply to legally operate.
As part of the application process, applicants must submit various documents and information. This information includes a cultivation site plan, GPS coordinates, and detailed maps. Additionally, applicants must provide the name of approved seed cultivars providing their with seeds, amongst other requirements.
Cannabis vs. Hemp
Much like cannabis, local California municipalities have the ability to allow or ban hemp cultivation. Where allowed, agricultural commissioners for each of California’s 58 counties will process hemp registrations. Those same county agricultural commissioners “must issue a registration to applicant” where all requirements are met.
As industrial hemp regulations continue to develop , the hope is that many California localities decide to permit hemp cultivation, even where cannabis is banned. However, the majority of municipalities in California continue to ban all commercial marijuana activities. As of now, 22 counties in California accept industrial hemp cultivation applications.
To read more about California’s industrial hemp law, the regulatory text can be found in Division 24 of the California Food and Agricultural Code. Equally important, the CDFA is currently developing regulations pertaining to industrial hemp sampling and testing.
If you’re interested in obtaining a California hemp cultivation license, contact our office today.