With Congress having reached an accord on the Agriculture Improvement Act of 2018, which includes a provision to lift the federal ban on cultivation of industrial hemp, the proliferation of hemp farming in California and across the country is expected to grow exponentially. California hemp farming attorneys know that up to this point, the U.S. has been the only industrialized nation wherein industrialized hemp isn’t already an established crop. The provisions of the act amend the Controlled Substances Act of 1970 to indicate industrial hemp plants containing no more than 0.3 percent THC won’t be classified any longer as a schedule I narcotic. The measure gives states, rather than the federal government, authority regulate commercial hemp production and sales.
It’s a measure that could potentially be a cash cow for California farmers, as well as those across the U.S.
Hemp is defined in California Health and Safety Code Section 11018.5 as the fiber or oilseed crop limited to types of the cannabis plant with no more than three-tenths of THC. It’s production is overseen by the California Industrial Hemp Program, with Division 24 of the California Food and Agricultural Code providing for the cultivation of industrial hemp by registered growers as well as established agricultural research sites. The reason this federal measure is so important is that up until that law goes into effect, hemp is still considered a Schedule I narcotic per the CSA, which California hemp farming attorneys know means unless specifically exempted there, any hemp-related activity is still technically subject to federal prosecution, no matter what the state law says. Continue reading