Hemp

#Free US State and Local Municipality #Cannabis and #Hemp Regulatory Calendar: Consolidated View of State and Local Public Meetings, Comment Letter Deadlines and Hemp Application Windows

Regulations impact your business. We can help you understand the important upcoming regulatory issues for free. Save time and money by accessing our free consolidated view of US cannabis and hemp regulatory events and includes: The regulatory events calendar has been enhanced to include information about local municipalities from California, Nevada, Colorado, Washington, Alaska, Oregon, New York, New Jersey, Michigan, Massachusetts, Ohio and Oklahoma. The regulatory event calendar includes:

  • Public meetings including agendas, address, dial in number and web access if available

  • Public hearing dates for proposed rules including agendas, addresses, dial in number and web access if available.

  • Deadlines for comment letters on proposed rules, links to rules and submission information

  • Application windows for hemp growers and cannabis dispensaries

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Michigan House Passes Industrial Hemp Research and Development Bill

Michigan is the most recent state, along with New Jersey, to introduce an industrial hemp cultivation, processing and sales laws during the 2018 legislative season. The states are racing to get a foothold in the hemp market as demand increases. The Michigan House passed Bill 6330: Industrial Hemp Research and Development Act and Bill 6380: to amend the Medical Marijuana Act. Michigan will not be prepared to grow hemp in 2019 as the bill requires additional rule making to set up the registration and oversight regime.

Bill 6330 will require the Michigan Department of Agriculture and Rural Development (MDARD) to establish and oversee an industrial hemp licensing and registration program. The amendments would prohibit any person in the state, including universities, from growing industrial hemp without registering as a grower. The grower registration expires on November 30th of the year that it was issued but applications can be submitted at any time. Growers must perform testing 15 days ahead of harvest, and receive a certification that the THC levels meed the maximum thresholds.

Michigan’s amendment to the medical marijuna laws is proactive as it incorporates changes that other states are addressing through administrative rule making. Once hemp is excluded from the definition of marijuana, medical and retail dispensaries can no longer sell hemp products. The bill addresses this issue by requiring the Michigan Department of Licensing and Regulatory Affairs (LARA) to issue rules by March 1, 2019 that permits medical dispensaries to sell hemp products.Mi

Rhode Island: Industrial Hemp Program Goes Live October 9th

Rhode Island’s industrial hemp regulations become effective on October 9th, which will allow the cultivation of industrial hemp for use in manufacturing hemp products including those for human consumption. Rhode Island is rushing along with other states to implement industrial hemp cultivation and production facilities, and garner an increasing market for hemp products including CBD human and pet products. In some states, CBD produced from industrial hemp may be sold outside of a licensed dispensary.

On October 9, applications for grower or handler licenses can be submitted to the Rhode Island Department of Business Regulation. Growers must obtain a separate license for each noncontiguous parcel on which industrial hemp will be cultivated.

The regulations are similar to those that are currently being considered by Oregon, and set forth a regulatory framework for the growing, testing, and tracking of industrial hemp from seed to consumption. The DBR will participate in the sampling of industrial hemp prior to harvest or production. The sample must be tested by an approved testing facility for compliance with the maximum 0.3% THC level. Industrial hemp that is intended for human consumption is subject to additional testing and packaging/labeling requirements.

Comment on Oregon's Draft Industrial Hemp Registration Rules by October 5th.

The Oregon Department of Agriculture(“ODA”) held a public hearing on the proposed industrial hemp rules to amend the registration and reporting requirements for hemp growers and handlers. The regulations require anyone who wants to sell, store or transfer industrial hemp to register with the ODA. The rules cover industrial hemp that is grown for use as hemp commodities as well as personal consumption. The new rules are expected to be in effect for the 2019 annual registration process.

Industrial hemp that is intended for personal consumption is also subject to additional requirements currently being drafted by the Oregon Liquor Control Commission (“OLCC"). The OLCC met with the rules advisory committee to review the draft version of the new hemp regulations. The OLCC plans to incorporate comments from the advisory committee and hold a public hearing in mid November. Advisory committee members raised the following concerns about the draft rules

  • Industrial hemp extract must be tested to ensure that it remains below the THC limits. Advisory committee members were concerned that the ODA requirers growers to test hemp 28 days prior to harvest, which might mean that the THC levels may be over the 0.3% limit at the time of harvest and even higher at the time of extraction. The open issue is whether the batch needs to be destroyed, remediated or can be reclassified as a marijuana product.

  • As testing increases the cost of the end product, there is an issue as to whether the obligation to test for THC potency and pesticides should be incurred by the grower, handler or processor.

  • It is unclear whether industrial hemp that is grown for hemp commodity products must be entered into the seed-to-sale tracking system, or when this decision must be made.

New Jersey Senate Committee Pushes Industrial Hemp Bill Forward

The New Jersey Senate Economic Growth Committee voted unanimously to move forward with an industrial hemp bill, which will allow farmers to legally grow industrial hemp for research purposes in accordance with existing federal law. Supporters of the bill indicated that New Jersey is one of the last East Coast states without an industrial hemp pilot program. Supporters indicated that the bill will help small farmers by providing a new crop. The bill will also help the New Jersey economy by offering new opportunities for the manufacturing of hemp products such as textiles.

Other recent regulatory activity related to industrial hemp.

CALIFORNIA'S LEGISLATURE PRESENT 21 IMPORTANT CANNABIS BILLS TO GOV BROWNSep 11, 2018

MICHIGAN INTRODUCES INDUSTRIAL HEMP BILLSep 9, 2018

CALIFORNIA PASSES INDUSTRIAL HEMP LAWSep 2, 2018

DELAWARE ENACTS INDUSTRIAL HEMP LAWSep 1, 2018

COMMENT PERIOD ENDING FOR HEMP GROW RULEAug 29, 2018

CALIFORNIA'S LEGISLATURE PRESENT 21 IMPORTANT CANNABIS BILLS TO GOV BROWN

In a flurry of activity, the California Legislature passed twenty-one cannabis bills in the last weeks prior to the end of the regular session on August 31st. The Legislature has presented Governor Jerry Brown with fifteen (15) bills for him to either sign or veto.  An additional six (6) bills will be presented to the governor following the engrossment process.

The scope of the bills passed by the California Legislature in the last couple of weeks of August has been monumental.  The bills address important and meaningful issues raised by constituents.  The highlights include the state driven expungement of marijuana convictions; compassionate care programs that permit the donation of cannabis products to individuals in need; the ban of cannabis in alcoholic beverages; the protection of personal data from the federal government; the expansion in industrial hemp cultivation; restricted provisioning of marijuana to animals;  equitable expansion of the cannabis industry; and the administration of cannabis on to children on schoolsites.

The following fifteen (15) bills were presented to the governor for his signature.  The links below provide the THCReg.com summary article and the final bill text.


The following six (6) bills are being enrolled and will be presented to the governor shortly. The links below provide the THCReg.com summary article and the final bill text.

MICHIGAN INTRODUCES INDUSTRIAL HEMP BILL

The Michigan House introduced bill No. 6330 to amend the Industrial Hemp Research and Development Act. The bill will provide the Department of Agricultural and Rural Development with the authority to establish an industrial hemp licensing program. The amendments provide the Department with significant oversight authority including access, seizure and destruction authority.  Unless emergency relief is granted, it will take time for the program to get up and running as the Department must adopt rules to implement including more onerous parts of the Act such as reporting and testing requirements.

he Act will require persons, other than a college or university, to apply for a license to grow, process, handle, broker or market industrial hemp. The application requirements are similar to other states such as Delaware in that they require a GPS coordinates of where the industrial hemp is grown, stored or handled, and a research plan must be submitted for growing industrial hemp. The Act differs from other states in that the Department of Agriculture will collect a sample from each crop pre, and possibly post, harvest to perform a THC test. The grower must harvest or destroy the crop within 15 days of the collection of the pre-harvest sample, or the Department of Agriculture can order a second pre-harvest sample. The state will also rely on reporting rather than utilizing a seed-to-sale tracking system. The amendments propose to establish an advisory board that will include, among others, representatives for hemp grain, fiber or seed growers,  hemp grain or fiber process handlers, hemp phytocannabinoid growers, and hemp phytocannabinoid process handlers. 

California Passes Industrial Hemp Law
www.thcregs.com/blog/california-passes-industrial-hemp-law

Delaware Enacts Industrial Hemp Law
www.thcregs.com/blog/september-01st-2018

Rhode Island Requests Comment of Proposed Industrial Hemp Regulations
www.thcregs.com/blog/comment-period-ending-for-hemp-grow-rule

CALIFORNIA PASSES INDUSTRIAL HEMP LAW

On August 31, 2018, the California Assembly passed SB 1409: Industrial Hemp with a vote of 75 yes to 1 no. The bill provides relief on how hemp is grown and how hemp can be used. The bill removes the limitation that only hemp seed cultivars that are certified prior to January 1, 2013 may be on the approved hemp seed cultivar list. Businesses may also grow industrial hemp that is produced by clonal propagation of approved hemp seed cultivars, which should be genetically identical to the parent and have the same characteristics.  Industrial hemp growers will no longer be required to disclose on applications to the local county commissioners whether the hemp is being grown for grain or fiber production. Under the bill, State approved laboratories must test industrial grown hemp using sampling procedures that comply with state regulations. The destruction of industrial hemp with THC levels greater than 1% must begin 48 hours after receipt of the lab report and be concluded within 7 days. 

DELAWARE ENACTS INDUSTRIAL HEMP LAW

Governor John Carney signed legislation for the cultivation of industrial hemp. Current federal law permits industrial hemp to be cultivated in conjunction with academic or agricultural research. The new law allows Delaware Department of Agriculture to adopt policies and regulations that will allow the immediate cultivation of industrial hemp beyond agricultural and academic research when federal restrictions are eliminated.   The law also includes hemp in the definition of grain.

Delaware's new law is similar to legislation or new laws in other states including Nevada and California among others.  Also, Rhode Island closed the comment period on proposed regulations this week for the industrial hemp cultivation.  However, Rhode Island's proposed regulations require the cultivation to occur in conjunction with academic or agricultural research.  Please see the link for a summary of Rhode Island's proposed regulations
www.thcregs.com/blog/comment-period-ending-for-hemp-grow-rule.