The difference between California law and the USDA interim rule matters because the USDA interim rules require that any state hemp production plan be at least as restrictive as the USDA interim rules. The USDA interim rules require that sampling be done within 15 days prior to the anticipated harvest. As always, stay tuned to the Canna Law Blog for more updates on the interplay between federal laws and regulations and California’s complex hemp rules. One thing that’s important to note is that the USDA interim rules really only relate to cultivation. For the next year or so, while states are compiling and submitting plans to the USDA, the USDA interim rules make clear that hemp may still be produced under the 2014 Farm Bill.
In mid-October, California Governor Gavin Newsom approved a bill (SB-153) that dramatically changed California’s hemp cultivation laws. The bill was clearly intended to bring California closer into harmony with the 2014 and 2018 Farm Bills, in anticipation for the state’s ultimate submission of a statewide hemp production plan to the U.S. Department of Food and Agriculture (“USDA”) following the USDA’s issuance of interim hemp regulations. Unfortunately for the...
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