Interesting Cali laws evolving already...2018 April.

shantibaba

Breeder and moderator
The State of California has made the growing, processing, and transportation of Industrial Hemp 100% Legal.**Products made from*Industrial Hemp are not included and or regulated in the Medical Marijuana Bill AB1575,*passed by state congress and signed into law by Governor Brown in October 2016.

Below is the Definition of Cannabis in the 2016 AB1575 bill Medical Marijuana (MMRSA) Section 19300.5. *"For the purpose of this chapter, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code and Section 11018.5 of the Health and Safety Code."

Definitions in 81000 *D)“Industrial hemp” has the same meaning as the way industrial hemp term is defined in Section 11018.5 of the Health and Safety Code.

California*Proposition 64* “Adult Use Marijuana Act” Passed November 8, 2016

Section 9. Industrial Hemp of AUMA amends Section 11018.5 of the Health and Safety Code is amended to read as follows:

11018.5. Industrial Hemp Definition of the Health and Safety Code

(a)*"Industrial hemp" means a fiber or oilseed crop, or both, that is limited to*types of the plant Cannabis sativa L *No more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops,*whether growing or not;**the seeds of the plant;,the resin extracted from any part of the plant; and*, manufacture, salt, derivative, mixture, or preparation of the*plant, its seeds or**produced*therefrom,

(b) The possession, use, purchase, sale, cultivation, processing, manufacture, packaging, labeling, transporting, storage, distribution, use and transfer of industrial hemp*shall not be subject to the provisions of this Division or of Division 10 of the Business and Professions Code,*but instead shall be regulated by the California Department of Food and Agriculture in accordance with the provisions of Division 24 of the Food and Agricultural Code, inclusive….

*More importantly, the Food and Drug Administration has made no determination or assertion that CBD products are illegal or in any way run afoul of the Controlled Substances Act (CSA) in the state of California. *As was established by the Ninth Circuit in 2004, the sale, production and distribution of CBD oils/products derived from imported raw material industrial hemp, such as those produced and sold are not in violation of the CSA. See Hemp Indus. Ass’n. v. DEA, 357 F.3d 1012 (9th Cir. 2004). In fact, this case stands for the proposition that naturally occurring cannabinoids are not unlawful under the CSA…

To sum up the California Law on Industrial Hemp….As long as Industrial Hemp grown in California passes the .3 THC value in a certified test, that bulk of tested Industrial Hemp will be considered Legal to process, manufacture, wholesale, retail and transport anywhere in the United States without needing a local or state permit.
 
"this case stands for the proposition that naturally occurring cannabinoids are not unlawful under the CSA…" :confused::confused::confused:

So, this means, if cannabinoids are not changed in any way of breeding, plants are fully legal?
 
"this case stands for the proposition that naturally occurring cannabinoids are not unlawful under the CSA…" :confused::confused::confused:

So, this means, if cannabinoids are not changed in any way of breeding, plants are fully legal?

If the plant has under 0.3% THC, you can lawfully breed / use the plants for their CBD and other cannabinoid content.
My interpretation being: if Shanti has a high CBD strain, with less than 0.3% THC, it would already be classed (under that legislation) as industrial hemp, and would therefore be fully legal.
 
Similar to our 1-month-old regulation in Massachusetts, where hemp is explicitly excluded from the definition of marijuana, but instead defined as:

Hemp means the plant of the genus Cannabis or any part of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis of any part of the plant of the genus Cannabis, or per volume or weight of cannabis or marijuana product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus Cannabis regardless of moisture content.
 
Hemp reclassification is happening faster than Marijuana legalization in many states in the US of late, and even at the federal level. Two weeks ago the Senate Majority Leader Mitch McConnel proposed that Hemp be made legal at the federal level in the US. He and several other senators have made little headway with previous calls for legalizing hemp, but this time it has a lot more traction. States like Oregon and Tennessee have great potential for hemp production. Much to the dismay of the cotton and wood pulp lobbies, which have cloth and paper products that would be impacted by an increase in cheap hemp fiber.

While California has decriminalized/legalized hemp, note that it is still regulated under the California Department of Food and Agriculture. Similar measures have been signed in to law in Oregon as of a few weeks ago, where hemp has also been legalized and put under the regulatory control of the Oregon Department of Agriculture (ODA). In Oregon, if you grow hemp and want to sell CBD oil or extracts, you have to get an ODA license to grow hemp, and then you have to get an Oregon Liquor Control Commission (OLCC) seller's certificate to sell it to an OLCC licensed processor or reseller. Hemp growers cannot sell hemp products for CBD production (or tops for smoking) direct to the public, or to an OLCC licensed Marijuana retail store. And for that reason CBD oil and extracts are virtually non-existent in Oregon retail Marijuana shops and high CBD buds simply do not exist. Also hemp seed, especially high CBD hemp seed is very hard to get here. Far harder than many Mj strains, which you can buy in most any OLCC Mj shop in Oregon.

Why is that? Mainly because hemp has been regulated by the Feds, either by restricting its being grown in the US, or mandating that it be grown in the US (during WWII many US farmers were required to grow hemp for the war effort). Of course the Stamp Act of 1937 made Mj illegal in the US at the federal level, though many states and cities had banned it as early as 1910. Hemp is Cannabis and Marijuana is Cannabis. Botanically they are the same, but politically and legally they are entirely separate. In the US, and pretty mush the rest of the globe now, Hemp is considered as any Cannabis plant that has less than 0.3% THC (dirt weed) and is grown for fiber, seed, or seed oil. Now that includes being grown for CBD oil. Marijuana is classified as anything that has THC greater than 0.3%. It is hard to grow hemp that is all below the 0.3% threshold, and Cannabis is capable of adapting to produce more THC all by itself, or by the help if hybridizing. Hence its heavy regulation by the Feds and most US states up to this point in time.

But legalization of Hemp is snowballing. Thirteen states — California, Colorado, Hawaii, Indiana, Kentucky, Maine, Montana, Nebraska, North Dakota, Oregon, Utah, Vermont and West Virginia — now allow industrial hemp farming for research and/or commercial purposes. Hawaii passed a bill this week authorizing the University of Hawaii to grow and research hemp, joining other states that passed hemp research legislation last year, including some states listed above as well as: Arkansas, Florida, Nevada, New York, South Carolina, Tennessee, Virginia, Washington, Wisconsin and Wyoming.

The issue I have found with growers planting high CBD hemp is that the high CBD results in only a fraction of the seeds planted. Maybe 25%, tops? Pun intended. For that reason cloning (called plugs) is big business in high CBD hemp production. Another negative issue is that open fields of hemp will produce a LOT of male Cannabis pollen that will drift with the wind and pollinate ripening female Marijuana plants. There is a large hemp grower a few miles from me here and fortunately the winds are rarely from that direction.

Hemp is interesting, and I am searching for some high CBD hemp seeds. Harder to find those than many rare landrace seeds for me so far though. Hemp seed sales are still regulated here. I get my pure CBD crystals from Colorado, where it is far less regulated. Supposed some Mj shops in the Portland area sell pure CBD crystals, but I have not found any.
 
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