Hemp

Frequently Asked Questions

Changes as of December 2019

Hemp (see below for a definition) is no longer illegal; rather it is a regulated agricultural product. With the implementation of the disclaimer language below, UC ANR academics are now be able to provide information to our constituents regarding hemp production without risking our federal funding.

New things to note:

USDA Interim Final Rule

On Oct. 31, 2019, the USDA published its interim final rule on the establishment of domestic hemp production program. These rules are specific to commercial grows under the 2018 Farm Bill. The USDA is taking comments until Dec. 30, 2019.

The interim final rule does not affect industrial hemp that was or is being cultivated under the 2014 Farm Bill programs. That industrial hemp remains subject to the requirements of the 2014 Farm Bill. In other words, as far as research is concerned, nothing has changed for UC ANR.

Presentations at workshops or conferences: Hemp presentations are now possible, but you need to include the following disclaimer:

Disclaimer: The views, thoughts, and opinions expressed are the speaker’s own and do not represent the views, thoughts, and opinions of the University of California, ANR. The material and information presented here is for general information purposes only. You should not rely upon the material or information presented here as a basis for making any business, legal or any other decisions.

Office visits. It is impossible to distinguish a marijuana plant from a hemp plant through visual inspection. Therefore do not handle or keep plants brought to you by a client in your office or on your person.

Field visits. Before visiting a hemp farm, check with your local ag commissioner to ensure that the site is registered and in compliance with California law. (Such field visits are fine if we only focus on general principles of soil, insect and plant management. Field visits can also provide observation opportunities. UC personnel should not transport plants. Be cautious about cultivation advice on an agricultural product we have little experience with. You can talk about plants in general, but there currently is little research on hemp per se.)

The prohibition of hemp research cultivation on non-UC property continues.

What’s the difference between hemp and marijuana?

Hemp and marijuana are both from the same genus (Cannabis) and the same species (Sativa). Hemp has lower levels of THC (delta-9 Tetrahydrocannabinoi) than marijuana, which can have as much as 25% THC.

The cannabis plant contains trichomes (a small hair or growth from the epidermis of the plant) that produce cannabinoids, including cannibidiol (CBD), which has a number of reported medical uses and “THC” which has been reportedly used as an intoxicant, spiritual aid and for medicines.

Industrial hemp is defined by federal law under the 2018 Farm Bill as Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 2 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Did the law regarding hemp change?

The laws surrounding hemp have changed often and quickly. The first significant change was the passage of the 2014 U.S. Farm Bill. That bill contained a provision titled “The Legitimacy of Industrial Hemp Research.” This section of the Farm Bill protected state departments of agriculture and institutions of higher education against prosecution for the cultivation of hemp as long as a state also permitted hemp cultivation.

The second significant change was passage of the 2018 Farm Bill. In that bill, Congress removed hemp from the federal definition of marijuana. This was a significant event because it made cultivation of hemp subject to regulatory requirements and no longer a felony under federal law. Hemp cultivation is now the responsibility of the USDA. USDA has promulgated their regulations regarding hemp cultivation and they are currently reviewing submitted state regulation. California is drafting a Plan for USDA Review. View USDA updates to approval of state plans here: https://www.ams.usda.gov/rules-regulations/hemp/state-and-tribal-plan-review.

Is hemp legal in California?

Legality depends on if you are looking at it from a federal perspective or a state perspective.

Yes, California has state industrial hemp statute (Food and Agriculture Code section 81000) and in June 2019 the Office of Administrative Law (OAL) approved an emergency regulatory structure regarding commercial hemp cultivation. So, from a state perspective, commercial cultivation is legal and being implemented.

In the federal perspective, California must submit their regulatory structure for USDA approval before commencing commercial cultivation. Similar to marijuana, that hasn’t stopped California from issuing cultivation permits.

However, the distinction between state and federal law is very important for the University of California (UC), particularly UC Agriculture and Natural Resources (UC ANR), because UC is federally funded and UC ANR programs such as 4-H and the Nutrition Policy Institute are federally funded programs. That means UC ANR must follow federal regulation and cannot cultivate hemp under state law.

The 2018 Farm Bill extended section 7606 of the 2014 Farm Bill (The Legitimacy of Hemp Research) until one year after USDA promulgates their hemp regulations. This action allows UC ANR to cultivate hemp for research purposes.

Given all the regulatory restrictions, what can UC scientists work on?

Marijuana: UC ANR does not do any plant-based research on marijuana; this is illegal. However our researchers do study the policy, social and environmental impacts of marijuana.

Hemp: UC ANR can work with and cultivate hemp for research purposes only. However, when doing so, we still have to follow state laws and regulations and internal regulations that cover federal and state compliance matters. Talk with your local AG commissioner about requirements in your County. Be prepared for new state research requirements located here. Associate Vice-President Wendy Powers must approve all hemp research protocols and all funding must be vetted through ANR Development.

Legal Updates to California Hemp Statutes for Research Institutions (Updated March 2020)

Can UC ANR scientists advise on how to grow cannabis (marijuana or hemp)?

Note: Providing information about hemp production is substantially different from growing hemp on non-UC properties for research purposes.

Yes on Hemp – No on Marijuana.

With the implementation of the disclaimer language below, UC ANR academic are now be able to provide information to our constituents regarding hemp production without risking our federal funding.

Presentations at workshops or conferences: Hemp presentations are now possible, but include the following disclaimer:

Field visits. Before visiting a hemp farm, check with your local Ag Commissioner to ensure that the site is registered and in compliance with CA law. (Such field visits are fine if we only focus on general principles of soil, insect and plant management. Field visits can also provide observation opportunities. UC personnel should not transport plants. Be cautious about cultivation advise on an agricultural product we have little experience with. You can talk about plants in general, but there currently is little research on hemp per se.)

The prohibition of hemp research cultivation on non-UC property continues.

Does UC ANR currently do any research on hemp?

Yes. Since 2017, UC ANR has been working on protocols for several hemp variety trials. Funding these studies has been challenging as has finding suitable seed sources.

Many UC Berkeley, UC Riverside, UC Davis, UC ANR (and other UC) researchers have interest in conducting research, but previous years’ preparation has allowed UC ANR and UC Davis to be the first to start variety trials in 2019. These trials are being conducted at UC ANR’s West Side Research and Extension Center and on the UC Davis campus. If funding and seed sources are approved another trial will take place at UC Desert Research and Extension Center in Imperial County.

Note: Cannabis plants have two genders

THC is only produced in the female plant because they are the ones that have the trichomes (although there is a twist in that female plants can produce pollen under certain circumstances). For this reason, some people assume that hemp only comes from male cannabis sativa plants. Hemp uses are much different than those of marijuana. It is the stalks of the cannabis plant that are harvested and processed to make products like fiber and paper. A hemp farmer would want their hemp to grow straight up in the air in order to maximize the yield. The exception to this is when a farmer wants to grow for CBD; in that case, the farmer will want short bushy plants to increase the surface area for the cannabinoid producing trichomes.

More information:

https://nifa.usda.gov/industrial-hemp

Robin Sanchez, Director Administrative Policies & Business Contracts

Brian Oatman, Director Risk and Safety Services