Home / Editorial / California: World’s Worst Hemp Law?

California: World’s Worst Hemp Law?

By Richard Rose

How onerous and restrictive is California’s hemp law? Check it out:

In California Code, Food and Agricultural Code (Formerly Agricultural Code) – FAC – FAC CA FOOD & AG § 81006 is:

“(a)(1) Except when grown by an established agricultural research institution or a registered seed breeder, industrial hemp shall be grown only as a densely planted fiber or oilseed crop, or both, in acreages of not less than one-tenth of an acre at the same time. [No CBD production.]

(2) Registered seed breeders, for purposes of seed production, shall only grow industrial hemp as a densely planted crop in acreages of not less than one-tenth of an acre at the same time. [Instead of X-foot centers or indoor grows, both popular for CBD production.]

(3) Registered seed breeders, for purposes of developing a new California seed cultivar, shall grow industrial hemp as densely as possible in dedicated acreage of not less than one-tenth of an acre and in accordance with the seed development plan. The entire area of the dedicated acreage is not required to be used for the cultivation of the particular seed cultivar. [Instead of X-foot centers or indoor grows, both popular for CBD production and almost critical for seed breeders.]

(b) Ornamental and clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp. [Thus no growing a few in the backyard, or ironically hiding your hemp in a marijuana field.]

(c) Pruning and tending of individual industrial hemp plants is prohibitedexcept when grown by an established agricultural research institution or when the action is necessary to perform the tetrahydrocannabinol (THC) testing described in this section. [They really are trying to force farmers to grow broadacre field style, not the style popular for CBD production.]

(d) Culling of industrial hemp is prohibitedexcept when grown by an established agricultural research institution, when the action is necessary to perform the THC testing described in this section, or for purposes of seed production and development by a registered seed breeder. [Again forcing farmers to grow broadacre field style, not the style popular for CBD production in successful hemp states such as Colorado.]

(e) Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40. [No CBD]

(f) Except when industrial hemp is grown by an established agricultural research institution, a registrant that grows industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown. [Only regular farmers have to test THC, not institutions.]

(1) Sampling shall occur as soon as practicable when the THC content of the leaves surrounding the seeds is at its peak and shall commence as the seeds begin to mature, when the first seeds of approximately 50 percent of the plants are resistant to compression. [Mandates seed thus no female-only sinsemilla popular for CBD production.]

(2) The entire fruit-bearing part of the plant including the seeds shall be used as a sample. The sample cut shall be made directly underneath the inflorescence found in the top one-third of the plant. [Mandates seed thus no female-only sinsemilla popular for CBD production. Using only the top 1/3 is designed to obtain peak THC levels.]

(3) The sample collected for THC testing shall be accompanied by the following documentation:

(A) The registrant’s proof of registration.

(B) Seed certification documentation for the seed cultivar used. [No noncertified seed can be used, thus rewarding foreign corporations at the expense of local breeders. The Colorado hemp success is primarily due to no mandatory certified cultivars thus keeping money and valuable new genetics in the state.]

(C) The THC testing report for each certified seed cultivar used.”

As you can see, most of these requirements are not in other states, and are designed to reward institutions and foreign corporations over the average farmer. Who would write such a law? It was our friends at the HIA, click here for their predecessor law and look at section 81009 to see for yourself.

About Hemp Author

Check Also

Hemp Standards

We at Hemp.com have joined with HempStandards.com to publish a set of standards for all …

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Translate »