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CALIFORNIA INDUSTRIAL HEMP PROGRAM

 •  1220 "N" Street, Sacramento, CA 95814
 •  916-654-0435  •  industrialhemp@cdfa.ca.gov
 •  Pest Hotline: 1-800-491-1899

GENERAL INFORMATION



What is "industrial hemp"?

According to California Health and Safety Code (HSC) Section 11018.5:

"Industrial hemp" means a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having 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 every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.

In defining "industrial hemp," California Food and Agricultural Code (FAC) Section 81000(d) adopts the HSC Section 11018.5 definition.


What is the difference between industrial hemp and cannabis/marijuana?

Cannabis is defined in California Business and Professions Code (BPC) Section 26001(f). The BPC Section 26001(f) definition explicitly states that cannabis does not does include industrial hemp.

For information on the cultivation of medical and adult-use cannabis, contact the CDFA’s CalCannabis Cultivation Licensing Program.


Is growing industrial hemp legal in California?

Division 24 of the California Food and Agricultural Code provides for the cultivation of industrial hemp by registered growers and established agricultural research institutions.


Is industrial hemp federally regulated as a controlled substance?

Hemp is a Schedule I drug according to the federal Controlled Substances Act. Unless specifically exempt under federal law, hemp-related activity is subject to federal prosecution, regardless of the protections provided by state law.


Are there any pending changes to federal law regarding industrial hemp?

For information regarding pending federal legislation, click here.


Are there any pending changes to California law regarding industrial hemp?

Senate Bill 1409 was approved by the Governor on September 30, 2018 and will take into effect on January 1, 2019. For additional information regarding pending state legislation, click here.


How can I receive updates regarding industrial hemp regulation?

You can sign up to receive e-mail updates from CDFA regarding industrial hemp by visiting CDFA's subscription web page, or by sending a blank e-mail to: join-cdfa_list_phpps_industrial_hemp@lists.cdfa.ca.gov

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IMPORTATION/MOVEMENT OF INDUSTRIAL HEMP



Can I import industrial hemp seeds/plants from another state?

The importation and movement of hemp seeds and plants is restricted under federal law. According to the Statement of Principles on Industrial Hemp (81 Federal Register (FR) 53395) issued by the U.S. Department of Agriculture, U.S. Drug Enforcement Administration, and U.S. Food and Drug Administration, "industrial hemp plants and seeds may not be transported across State lines." For more information, contact the U.S. Drug Enforcement Administration.


Can I import industrial hemp seeds/plants from outside of the U.S.?

The importation and movement of hemp seeds and plants is restricted under federal law. For information regarding obtaining a federal permit for the importation of hemp seeds, contact the U.S. Drug Enforcement Administration.


Will CDFA import industrial hemp seeds or plants?

No. CDFA does not import or distribute seeds or planting materials for any crops, regardless of whether the imported materials are for research or commercial purposes.


Can I bring unprocessed hemp into California?

The importation and movement of raw or unprocessed hemp plants or plant parts is restricted under federal law. For information regarding obtaining a federal permit for the importation of unprocessed hemp, contact the U.S. Drug Enforcement Administration.


Can I bring processed hemp products into California?

Many processed hemp materials may move freely per the federal Controlled Substances Act (21 Code of Federal Regulations (CFR) 1308.35). For information on the restrictions and requirements that may apply to specific hemp products, contact the U.S. Drug Enforcement Administration.

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COMMERCIAL CULTIVATION



Can I grow industrial hemp for commercial purposes in California?

All growers of industrial hemp for commercial purposes must register with the county agricultural commissioner prior to cultivation. Registration is not yet available. The fees and process for registration will be developed in conjunction with the Industrial Hemp Advisory Board.

For information regarding any additional local restrictions that may apply to proposed industrial hemp activities, contact the applicable county and/or city officials, including the county agricultural commissioner’s office.


How do I register with the state/county to grow industrial hemp for commercial purposes?

There is no state registration to grow industrial hemp; only county registration is required to grow industrial hemp for commercial purposes under state law. Registration to grow industrial hemp is not yet available.


How much is the registration fee?

Registration fees to grow industrial hemp have not yet been established. The CDFA is currently proposing to adopt Section 4900 in Title 3 of the California Code of Regulations pertaining to Industrial Hemp Cultivation Registration Fees. The notice and text of the proposed regulation, and the initial statement of reasons can also be accessed through the industrial hemp cultivation regulation activities webpage. The written comment period closes at 5:00 pm on December 24, 2018. For information on submitting comments, please see the notice of the proposed regulation.


When does registration expire?

Registration is valid for two years. Registrants must renew their registrations should they continue to grow industrial hemp after the two years expires.


What type of registration will be available?

California Food and Agricultural Code (FAC) Section 81003 provides for the registration of growers of industrial hemp for commercial purposes. FAC Section 81004 provides for the registration of seed breeders.


When will registration be made available?

CDFA has not yet determined the date when registration will be available.


Is there a list of current registrants?

Currently there are no registrants because registration is not yet available.


Is the CDFA Industrial Hemp Program a pilot program as defined in Farm Bill Section 7606?

No. California law provides for the registration of commercial growers and seed breeders of industrial hemp. CDFA does not maintain, participate in, nor promote, pilot programs and research projects for industrial hemp.


Does CDFA conduct agricultural research on industrial hemp?

No. CDFA does not conduct research pertaining to the cultivation or variety development of any crops, regardless of whether the imported materials are for research or commercial purposes.


What are the laws and regulations regarding the production of industrial hemp in California?

California's industrial hemp law can be found in Division 24 of the California Food and Agricultural Code

The CDFA is currently proposing to adopt Section 4900 in Title 3 of the California Code of Regulations pertaining to Industrial Hemp Cultivation Registration Fees. The notice and text of the proposed regulation, and the initial statement of reasons can also be accessed through the industrial hemp cultivation regulation activities webpage. The written comment period closes at 5:00 pm on December 24, 2018. For information on submitting comments, please see the notice of the proposed regulation.

Further regulations pertaining to cultivation will be developed in conjunction with the Industrial Hemp Advisory Board, and will be promulgated through the regular rulemaking process in accordance with the California Administrative Procedures Act. CDFA will notify the public via our electronic mailing list as regulations are posted and available for public comment.


Can I grow industrial hemp for personal use?

California law does not currently provide for the cultivation of industrial hemp for personal use.


Whom do I contact for information about the cultivation of other forms of cannabis?

Licensing and regulation for the cultivation of medical and adult-use cannabis is overseen by the CDFA's CalCannabis Cultivation Licensing program. For more information regarding cultivating forms of cannabis other than industrial hemp, contact CDFA's CalCannabis Cultivation Licensing Program.


Where can I find more information about seed certification?

Industrial Hemp Seed Certification Standards are available here. For information on seed certification in California, contact the California Crop Improvement Association.


How do I grow industrial hemp?

CDFA does not provide guidelines or recommendations for cultivation practices for any crops.


What pesticides can I use on industrial hemp?

The Department of Pesticide Regulation (DPR) regulates pesticide sales and use. For information regarding pesticide use on industrial hemp, contact DPR.


Where can I obtain certified industrial hemp seed?

CDFA does not maintain a list of sellers of industrial hemp seed. For information on the certification of industrial hemp seed in California, contact the California Crop Improvement Association.


What happens if my industrial hemp crop tests over the legal limit of 0.3% THC?

California Food and Agricultural Code (FAC) Section 81006(f) specifies THC content and crop destruction requirements.


Can my industrial hemp crop be labeled and/or sold as organic?

CDFA’s Organic Program enforces the federal Organic Foods Production Act of 1990 and the California Organic Food and Farming Act of 2016. For information regarding labeling and/or selling industrial hemp as organic, contact CDFA’s State Organic Program.

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Industrial Hemp Advisory Board



What is the Industrial Hemp Advisory Board?

California Food and Agricultural Code (FAC) Section 81001 establishes an Industrial Hemp Advisory Board to advise CDFA and make recommendations pertaining to the cultivation of industrial hemp, including industrial hemp seed law and regulations, annual budgets, and the setting of an assessment rate. FAC Section 81001 also outlines the membership and administration of the Board.


When is the next Industrial Hemp Advisory Board meeting?

In accordance with the Bagley-Keene Open Meeting Act, a meeting notice for any board meetings will be posted on our meeting information web page at least 10 days prior to the meeting, and the notice will also be sent out to interested parties at the same time via our electronic mailing list.


Can I participate in the Industrial Hemp Advisory Board meetings?

All meetings of the Industrial Hemp Advisory Board are open to the public. Meeting notices are posted on the meeting information web page, and all interested parties are encouraged to attend and participate.


Who is on the Industrial Hemp Advisory Board?

A current list of members of the Industrial Hemp Advisory Board, including terms of office, is available here.


Are there any vacancies on the Industrial Hemp Advisory Board?

There are currently no vacancies on the Board. Any future vacancies will be announced via a CDFA press release, and CDFA will also notify the public via our electronic mailing list.


Where can I find more information on past Industrial Hemp Advisory Board meetings?

Information on past meetings, including minutes and recordings, is available on the meeting information web page.

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ESTABLISHED AGRICULTURAL RESEARCH INSTITUTIONS



What is an "established agricultural research institution"?

Under California Food and Agricultural Code (FAC) Section 81000(c):

“Established agricultural research institution” means any institution that is either:

(1) A public or private institution or organization that maintains land or facilities for agricultural research, including colleges, universities, agricultural research centers, and conservation research centers; or

(2) An institution of higher education (as defined in Section 1001 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that grows, cultivates or manufactures industrial hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research.


Can my established agricultural research institution register to grow industrial hemp?

An established agricultural research institution, as defined in California Food and Agricultural Code (FAC) Section 81000(c), is exempt from registration and may currently grow industrial hemp in California.

For information regarding any additional local restrictions that may apply to any proposed activities, contact the applicable county and/or city officials, including the county agricultural commissioner's office.


What is the legal status of industrial hemp cultivation by established agricultural research institutions?

Information regarding the legal status of industrial hemp cultivation performed by established agricultural research institutions is available here.

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MANUFACTURING, PROCESSING, & SALE OF INDUSTRIAL HEMP & HEMP PRODUCTS



What are the laws and regulations regarding the manufacturing, processing, and selling of non-food industrial hemp and hemp products?

California law does not currently provide any requirements for the manufacturing, processing, or selling of non-food industrial hemp or hemp products.


Do I need a license or permit to manufacture, process, or sell non-food industrial hemp or hemp products?

California law does not currently provide for a permit or license for the manufacturing, processing, or selling of non-food industrial hemp or hemp products.


Can I sell food containing industrial hemp or derived from industrial hemp?

We recommend you contact your local public health official for more information on general rules and restrictions that may apply to any products you intend to manufacture or sell.

Additionally, the California Department of Public Health (CDPH) has published FAQ answers to questions related to manufactured food products containing cannabinoids that can be found here. For more information regarding California and federal guidelines on industrial hemp-derived products, contact CDPH.


Can hemp products be sold at certified farmers' markets?

The California Farmers' Market (CFM) Program provides opportunities for certified producers to directly market their agricultural products at certified farmers' markets throughout the State. For information regarding selling products at certified farmers’ markets, contact CDFA's CFM Program.


Can I sell hemp products in licensed cannabis retail stores?

The Bureau of Cannabis Control (BCC) is responsible for regulating commercial cannabis licenses for retailers, distributors, microbusinesses, testing laboratories, and temporary cannabis events. For information regarding selling products in licensed cannabis retail stores, contact BCC.


Can I sell hemp products as organic?

The California Department of Public Health (CDPH) enforces laws pertaining to processed products marketed as organic. For more information regarding marketing products as organic, contact CDPH.


Can I use industrial hemp for animal feed?

CDFA's Commercial Feed Regulatory Program (CFRP) is responsible for the enforcement of California state law and regulations pertinent to the manufacturing, distribution and labeling of commercial livestock feed while preventing adulterated feed from being consumed by livestock and poultry. For more information regarding livestock feed, contact CDFA's CFRP.

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FOR MORE Information


For more information, contact the California Industrial Hemp Program at industrialhemp@cdfa.ca.gov