SB 676 - An Act to Add Division 24 (Commencing with Section 81000) to 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.

An Act to Add Division 24 (Commencing with Section 81000) to 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.

SB 676 — 2011-2012 Legislature

Summary

Existing law makes it a crime to engage in any of various transactions relating to marijuana, as defined, except as otherwise authorized by law, such as the Medical Marijuana Program. For the purposes of these provisions, marijuana is defined as not including the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, and fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

This bill would revise the definition of “marijuana” so that the term would exclude industrial hemp, as defined, except where the plant is cultivated or processed for purposes not expressly allowed. The bill would define industrial hemp 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 therefrom, having no more than 310 of 1% tetrahydrocannabinol (THC) contained in the dried flowering tops, and that is cultivated and processed exclusively for the purpose of producing the mature stalks of the… More

Existing law makes it a crime to engage in any of various transactions relating to marijuana, as defined, except as otherwise authorized by law, such as the Medical Marijuana Program. For the purposes of these provisions, marijuana is defined as not including the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, and fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

This bill would revise the definition of “marijuana” so that the term would exclude industrial hemp, as defined, except where the plant is cultivated or processed for purposes not expressly allowed. The bill would define industrial hemp 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 therefrom, having no more than 310 of 1% tetrahydrocannabinol (THC) contained in the dried flowering tops, and that is cultivated and processed exclusively for the purpose of producing the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin or flowering tops extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

The bill would enact certain provisions relating to growing industrial hemp which would apply only in Imperial, Kern, Kings, and San Joaquin Counties, except when grown by an established agricultural institution, and which would be operative only until January 1, 2020. The bill would require industrial hemp to be cultivated only from seeds imported in accordance with laws of the United States or from seeds grown in California from industrial hemp plants or grown from industrial hemp plants grown by an established agricultural research institution. The bill would require, except as specified, the person growing the industrial hemp to obtain, prior to the harvest of each crop, a laboratory test of a random sample of the crop to determine the amount of THC in the crop. The bill would require that samples to perform the testing be taken in the presence of, and be collected and transported only by, an employee or agent of a laboratory that is registered with the federal Drug Enforcement Administration. The bill would require that the test report contain specified language, that the testing laboratory provide not less than 10 original signed copies to the cultivator, and that the testing laboratory and cultivator retain an original signed copy for a minimum of 2 years. The report would be required to be made available to law enforcement officials and provided to purchasers, as specified. The bill would require all industrial hemp seed sold for planting in California to be from a crop having no more than 310 of 1% THC contained in a random sampling of the dried flowering tops and tested under these provisions, and would require the destruction of crops exceeding that content, as specified.

The bill would provide that growing industrial hemp shall not be construed to authorize the possession, outside of a field of lawful cultivation, of resin, flowering tops, or leaves that have been removed from the hemp plant, except to perform required testing by an employee or agent of the testing laboratory or any cultivation of the industrial hemp plant that is not grown by an established agricultural research institution. This bill would require the Attorney General and the Hemp Industries Association to submit reports to the Legislature by January 1, 2018, regarding the economic and law enforcement impacts of industrial hemp cultivation.

The bill would state the findings and declarations of the Legislature relating to industrial hemp.

By revising the scope of application of existing crimes relating to marijuana, this bill would impose a state‑mandated local program.

By specifying the conditions of cultivation, the violation of which would be a misdemeanor pursuant to other provisions of existing law, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Add Division 24 (Commencing with Section 81000) to 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.

Author(s)

Mark Leno

Co-Authors

Subjects

• Industrial hemp

Major Actions

Introduced	2/18/2011
Referred to Committee
Passed Senate Committee on Food and Agriculture	4/05/2011
Passed Senate Committee on Public Safety	4/26/2011
Passed Senate Committee on Appropriations	5/16/2011
Passed Senate	5/31/2011
Passed Assembly Committee on Public Safety	6/21/2011
Passed Assembly Committee on Agriculture	6/29/2011
Passed Assembly Committee on Appropriations	8/17/2011
Passed Assembly	9/07/2011
Passed Senate	9/08/2011
Presented to the governor (enrolled)	9/14/2011
Vetoed by Governor	10/09/2011
Vetoed by Governor	10/09/2011

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Senate Committee on Food and Agriculture	Do pass, but re-refer to the Committee on Public Safety.	4/05/2011	This motion PASSED the Senate Committee on Food and Agriculture 5 voted YES 1 voted NO 1 voted present/not voting
select this vote	Senate Committee on Public Safety	Do pass as amended, and re-refer to the Committee on Appropriations.	4/26/2011	This motion PASSED the Senate Committee on Public Safety 5 voted YES 2 voted NO 0 voted present/not voting
select this vote	Senate Committee on Appropriations	Do pass.	5/16/2011	This motion PASSED the Senate Committee on Appropriations 6 voted YES 3 voted NO 0 voted present/not voting
select this vote	Senate	Senate 3rd Reading SB676 Leno	5/31/2011	This bill PASSED the Senate 22 voted YES 14 voted NO 4 voted present/not voting
select this vote	Assembly Committee on Public Safety	Do pass and be re-referred to the Committee on Agriculture.	6/21/2011	This motion PASSED the Assembly Committee on Public Safety 5 voted YES 2 voted NO 0 voted present/not voting
select this vote	Assembly Committee on Agriculture	Do pass and be re-referred to the Committee on Appropriations.	6/29/2011	This motion PASSED the Assembly Committee on Agriculture 6 voted YES 0 voted NO 3 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass.	8/17/2011	This motion PASSED the Assembly Committee on Appropriations 11 voted YES 3 voted NO 3 voted present/not voting
select this vote	Assembly	SB 676 Leno Senate Third Reading By HILL	9/07/2011	This bill PASSED the Assembly 49 voted YES 22 voted NO 9 voted present/not voting
currently selected	Senate	Unfinished Business SB676 Leno Concurrence	9/08/2011	This bill PASSED the Senate 26 voted YES 13 voted NO 1 voted present/not voting

	Action	Date	Description
	Introduced	2/18/2011
		2/18/2011	Introduced. Read first time. To Com. on RLS. for assignment. To print.
		2/20/2011	From printer. May be acted upon on or after March 22.
		3/03/2011	Referred to Coms. on AGRI. and PUB. S.
		3/15/2011	Set for hearing April 5.
		3/31/2011	From committee with author's amendments. Read second time and amended. Re-referred to Com. on AGRI.
		4/05/2011	From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 5. Noes 1. Page 540.) (April 5). Re-referred to Com. on PUB. S.
select this vote	Vote	4/05/2011	Do pass, but re-refer to the Committee on Public Safety.
		4/08/2011	Set for hearing April 26.
select this vote	Vote	4/26/2011	Do pass as amended, and re-refer to the Committee on Appropriations.
		4/27/2011	From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 742.) (April 26).
		4/28/2011	Read second time and amended. Re-referred to Com. on APPR.
		5/03/2011	Set for hearing May 9.
		5/05/2011	Hearing postponed by committee.
		5/06/2011	Set for hearing May 16.
select this vote	Vote	5/16/2011	Do pass.
		5/17/2011	From committee: Do pass. (Ayes 6. Noes 3. Page 1014.) (May 16).
		5/18/2011	Read second time. Ordered to third reading.
		5/31/2011	Read third time. Passed. (Ayes 22. Noes 14. Page 1178.) Ordered to the Assembly.
select this vote	Senate Vote on Passage	5/31/2011	Senate 3rd Reading SB676 Leno
		6/01/2011	In Assembly. Read first time. Held at Desk.
		6/09/2011	Referred to Coms. on PUB. S. and AGRI.
		6/15/2011	From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
select this vote	Vote	6/21/2011	Do pass and be re-referred to the Committee on Agriculture.
		6/22/2011	From committee: Do pass and re-refer to Com. on AGRI. (Ayes 5. Noes 2.) (June 21). Re-referred to Com. on AGRI.
select this vote	Vote	6/29/2011	Do pass and be re-referred to the Committee on Appropriations.
		6/30/2011	From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 29). Re-referred to Com. on APPR.
		7/13/2011	Hearing postponed by committee.
		8/15/2011	From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
select this vote	Vote	8/17/2011	Do pass.
		8/18/2011	From committee: Do pass. (Ayes 11. Noes 3.) (August 17).
		8/22/2011	Read second time. Ordered to third reading.
		8/30/2011	Read third time and amended. (Page 2690.) Ordered to third reading.
		9/07/2011	Read third time. Passed. (Ayes 49. Noes 22. Page 2989.) Ordered to the Senate.
		9/07/2011	In Senate. Concurrence in Assembly amendments pending.
select this vote	Assembly Vote on Passage	9/07/2011	SB 676 Leno Senate Third Reading By HILL
		9/08/2011	Assembly amendments concurred in. (Ayes 26. Noes 13. Page 2415.) Ordered to engrossing and enrolling.
currently selected	Senate Vote on Passage	9/08/2011	Unfinished Business SB676 Leno Concurrence
		9/14/2011	Enrolled and presented to the Governor at 3:30 p.m.
	Vetoed	10/09/2011	Vetoed by the Governor.
		10/09/2011	In Senate. Consideration of Governor's veto pending.
		3/01/2012	Consideration of Governor's veto stricken from file. Veto sustained.