AB 45 — Industrial hemp products.

Summary

(1) Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated foods, beverages, or cosmetics. Existing law prescribes when a food or beverage is adulterated, including if it bears or contains any poisonous or deleterious substance that may render it injurious to the health of a person or other animal that may consume it. Existing law prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, under customary or usual conditions. The Sherman Food, Drug, and Cosmetic Law, among other things, regulates the labeling of food, beverages, and cosmetics and makes it a crime to distribute in commerce any food, drug, device, or cosmetic if its packaging or labeling does not conform to these provisions. Existing law also makes it unlawful for a person to disseminate any false advertisement of any food, drug, device, or cosmetic. Violation of the Sherman Food, Drug, and Cosmetic Law is a misdemeanor. Existing law requires a person who manufactures pet food in California to obtain a license from the State Department of Public Health. Existing law also prohibits the manufacture, sale, or delivery of a pet food ingredient or processed pet food that is adulterated and defines "adulterated" for this purpose. This bill would require a manufacturer of dietary supplements and food that includes industrial hemp to register with the State Department of Public Health and to be able to demonstrate that all parts of the plant used come from a state or country that has an established and approved industrial hemp program, as defined, that inspects or regulates hemp under a food safety program or equivalent criteria to ensure safety for human or animal consumption and that the industrial hemp cultivator or grower is in good standing and compliance with the governing laws of the state or country of origin. This bill would state that a dietary supplement, food, beverage, cosmetic, or pet food is not adulterated by the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp if those substances meet specified requirements, and would prohibit restrictions on the sale of dietary supplements, food, beverages, cosmetics, or pet food that include industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp based solely on the inclusion of those substances. The bill would also prohibit a manufacturer, distributor, or seller of an industrial hemp product from including on the label, or publishing or disseminating in advertising or marketing, a health-related statement, as defined, that is untrue in any particular manner as to the effects on health of consuming products containing industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp. By creating a new crime, this bill would impose a state-mandated local program. This bill would create a registration process, under the State Department of Public Health, for hemp manufacturers who produce specified products that include industrial hemp or who produce raw hemp extract, as defined, including requirements for testing and labeling on products. The bill would define "THC" for these purposes and would authorize the department to include or exclude comparable compounds from the definition of THC for purposes of regulation as industrial hemp based on the compound's intoxicating effect, or lack thereof. The bill would authorize the department to collect specified fees, which would be used, upon appropriation, to implement the program. By creating a new crime, this bill would impose a state-mandated local program. This bill, upon the enactment of a tax on inhalable products, would require the department to regulate those products, as specified, or enter into a memorandum of understanding or other interagency agreement with another state agency to do so. Until that tax is enacted, the bill would prohibit the manufacture and sale of inhalable products, except for the sole purpose of sale out of state. This bill would require the Department of Cannabis Control to prepare a report to the Governor and the Legislature outlining the steps necessary for the incorporation of hemp products into the cannabis supply chain, as specified. The bill would also require the Department of Food and Agriculture and the State Department of Public Health, in consultation with the Department of Cannabis Control, if necessary, to develop a process to share license, registration, cultivar, and enforcement information to facilitate compliance and enforcement against unlicensed manufacturers or the sale of hemp that does not meet specified requirements. The bill would make communications shared between these agencies and local law enforcement for this purpose exempt from the California Public Records Act. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would make communications shared between agencies pursuant to the above provisions official information, which may be privileged and made inadmissible in an action or proceeding, thereby requiring a 23 vote. (2) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , added by Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. The existing Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law, for purposes of commercial cannabis regulation, defines "cannabis" as derivatives of the cannabis plant, not including industrial hemp. Existing law defines industrial hemp, for this purpose, as cannabis plants having no more than 0.3% 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. Industrial hemp is exempt from the provisions of MAUCRSA. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature, except as provided. This bill would amend AUMA by changing the definition of "industrial hemp" to include cannabis plants and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (4) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 10/06/21 - Chaptered Current pdf October 06, 2021
• Enrolled 09/13/21 - Enrolled pdf September 13, 2021
• Amended 09/02/21 - Amended Senate pdf September 02, 2021
• Amended 06/28/21 - Amended Senate pdf June 28, 2021
• Amended 05/27/21 - Amended Assembly pdf May 27, 2021
• Amended 05/24/21 - Amended Assembly pdf May 24, 2021
• Amended 05/03/21 - Amended Assembly pdf May 03, 2021
• Amended 04/14/21 - Amended Assembly pdf April 14, 2021
• Introduced 12/07/20 - Introduced pdf December 07, 2020
• AB45 View text html

Action History

1. October 06, 2021

   Chaptered by Secretary of State - Chapter 576, Statutes of 2021.

2. October 06, 2021

   Approved by the Governor.

3. September 17, 2021

   Enrolled and presented to the Governor at 3 p.m.

4. September 09, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 3. Page 2988.).

5. September 08, 2021

   In Assembly. Concurrence in Senate amendments pending.

6. September 08, 2021

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 29. Noes 2. Page 2497.).

7. September 03, 2021

   Read second time. Ordered to third reading.

8. September 02, 2021

   Read third time and amended. Ordered to second reading.

9. August 26, 2021

   Read second time. Ordered to third reading.

10. August 26, 2021

    From committee: Do pass. (Ayes 7. Noes 0.) (August 26).

11. August 16, 2021

    In committee: Referred to suspense file.

12. July 07, 2021

    In committee: Hearing postponed by committee.

13. July 01, 2021

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 1). Re-referred to Com. on APPR.

14. June 28, 2021

    Read second time and amended. Re-referred to Com. on AGRI.

15. June 24, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on AGRI. (Ayes 11. Noes 0.) (June 23).

16. June 09, 2021

    Action rescinded whereby the bill was referred to Com. on JUD.

17. June 09, 2021

    Referred to Coms. on HEALTH, AGRI. and JUD.

18. June 02, 2021

    In Senate. Read first time. To Com. on RLS. for assignment.

19. June 01, 2021

    Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 64. Noes 9. Page 1745.).

20. May 27, 2021

    Read third time and amended. Ordered to third reading. (Page 1580.)

21. May 25, 2021

    Read second time. Ordered to third reading.

22. May 24, 2021

    Read second time and amended. Ordered returned to second reading.

23. May 20, 2021

    From committee: Amend, and do pass as amended. (Ayes 13. Noes 3.) (May 20).

24. May 12, 2021

    In committee: Set, first hearing. Referred to APPR. suspense file.

25. May 04, 2021

    Re-referred to Com. on APPR.

26. May 03, 2021

    Read second time and amended.

27. April 29, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 1.) (April 27).

28. April 20, 2021

    In committee: Set, first hearing. Hearing canceled at the request of author.

29. April 15, 2021

    Re-referred to Com. on HEALTH.

30. April 14, 2021

    From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

31. January 11, 2021

    Referred to Com. on HEALTH.

32. December 08, 2020

    From printer. May be heard in committee January 7.

33. December 07, 2020

    Read first time. To print.

Sponsors

• Cecilia M. Aguiar-Curry · Primary
• Benjamin Allen · Cosponsor

Votes

Subjects