GREENSPOON MARDER CLIENT ALERT: CALIFORNIA INDUSTRIAL HEMP AND CBD LEGISLATIVE CHANGES

Oct 26, 2018

By: Nabil Rodriguez*

Published October 1, 2018, Senate Bill No. 1409 became California law, effecting several changes to the industrial hemp program in California. The following is a list of some of the major changes that will go into effect on January 1, 2019:

Delete the requirement that industrial hemp seed cultivars be certified before January 1, 2013
Authorize industrial hemp clone propagation
Delete prohibitions on ornamental cultivation of industrial hemp plants
Authorize localities to regain the amount of registration
Remove industrial hemp as defined under the California Controlled Substances Act
Delete the requirement that industrial hemp be grown as a densely planted fiber or oilseed crop
Delete the requirement that an application for registration include information as to whether a seed is being grown for grain, fiber, or for dual purpose
Reduces the validity of registration for industrial hemp cultivators to one year instead of two
Require sample testing of industrial hemp and require that the Department of Food and Agriculture to establish sampling procedures

Senate Bill No. 1409 is hosted here.

For background, on July 6, 2018, California’s Department of Public Health issued a “FAQ” addressing the use of industrial hemp-derived CBD oil and CBD in food products. Although California allows the manufacturing and sale of cannabis products, “the use of industrial hemp as the source of CBD to be added to food products is prohibited…” and “[u]ntil the FDA rules that industrial hemp-derived CBD oil and CBD products can be used as a food or California makes the determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement.” The FAQ is hosted here.

Only three days later, the California governor approved Assembly Bill No. 710 in anticipation of federally approved CBD. In sum, the bill’s language indicates that if CBD were to be excluded from Schedule I under the federal Controlled Substances Act and placed on another schedule, that product shall be deemed in compliance with California law “as an urgency statute.” Therefore, as soon as Epidiolex was rescheduled in late September, 2018, it was immediately compliant with California state law as a Schedule V substance. Assembly Bill No. 710 is hosted here.

Should you have any questions regarding the current legal status of CBD, hemp, or other cannabis-derived products in California or across the U.S., please reach out to your Greenspoon Marder attorney.

*Nabil Rodriguez is not an attorney

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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GREENSPOON MARDER CLIENT ALERT: CALIFORNIA INDUSTRIAL HEMP AND CBD LEGISLATIVE CHANGES

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