To: BOARD OF SUPERVISORS
From: Executive Office
Meeting Date: September 10, 2024
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Department Contact: |
Darcie Antle |
Phone: |
707-463-4441 |
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Department Contact: |
Kelly Hansen |
Phone: |
707-463-4441 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Ratification of a Letters of Opposition and Oppose Unless Amended for Assembly Bill 2223 (Aguiar-Curry) Cannabis: Industrial Hemp - Proposed Technical Assistance and Letter of Support of Hemp Enforcement
End
Recommended Action/Motion:
recommendation
Ratify letters of opposition and oppose unless amended for Assembly Bill 2223 (Aguiar-Curry) Cannabis: Industrial Hemp - Proposed Technical Assistance and letter of support of hemp enforcement.
End
Previous Board/Board Committee Actions:
No previous action.
Summary of Request:
Current law governs the cultivation of industrial hemp in this state and establishes a registration program administered by county agricultural commissioners and the Department of Food and Agriculture for growers of industrial hemp, hemp breeders, and established agricultural research institutions, as defined. Current law exempts industrial hemp, as defined, from the definition of cannabis and from MAUCRSA, but requires the Department of Cannabis Control to prepare a report, on or before July 1, 2022, to the Governor and the Legislature outlining the steps necessary to allow for the incorporation of hemp cannabinoids into the cannabis supply chain. This bill would state that MAUCRSA does not prohibit a licensee from manufacturing, processing, distributing, or selling products that contain industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp if the product complies with all applicable state laws and regulations.
The bill would authorize a licensed manufacturer or microbusiness to obtain industrial hemp from a person registered with the State Department of Public Health, as specified, and would require industrial hemp purchased by a licensee to be tracked as a separate batch through the manufacturing process. The bill would require a licensee that manufactures, distributes, or sells products that contain industrial hemp to record all transactions and specified data in the state track and trace system. The bill would prohibit a licensed manufacturer from incorporating THC or comparable cannabinoid, as defined, that has been converted from a hemp-derived cannabinoid and would also prohibit licensed retailers and distributors from selling or distributing cannabis or hemp products that contain converted THC or comparable cannabinoid. The bill would require the department to implement a process by which any licensee that is also a registered hemp manufacturer may use the same premises.
The County submitted a letter of opposition to the technical assistance proposed for AB 2223 on July 26, 2024. During negotiations at the State legislature, modifications were proposed and the County was asked to provide input. After reviewing the proposed modifications to the technical assistance proposed for AB 2223, the County took a position of opposition unless amendments were made, and submitted an additional letter on August 12, 2024.
The Senate Appropriations Committee placed AB 2223 on the suspense file on August 12, 2024, and it is unlikely that the bill will move forward in this legislative session. However, there appears to be political will in Sacramento to find a way to advance industrial hemp regulation in this legislative cycle. The County was asked to comment on its potential support for such efforts, which is outlined in the letter of support for hemp enforcement.
Alternative Action/Motion:
Do not ratify letters.
Strategic Plan Priority Designation: A Thriving Economy
Supervisorial District: All
Vote Requirement: Majority
Supplemental Information Available Online At: Bill Text - AB-2223 Cannabis: industrial hemp. <https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2223>
Fiscal Details:
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source of funding: N/A |
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current f/y cost: N/A |
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budget clarification: N/A |
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annual recurring cost: N/A |
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budgeted in current f/y (if no, please describe): N/A |
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revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: N/A
CEO Liaison: Executive Office
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Approved |
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Date: September 10, 2024 |
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