AB 638

Current law places various restrictions on the possession, manufacture, and

delivery of controlled substances. One such controlled substance is

tetrahydrocannabinol (THC), including THC contained in or obtained from

marijuana. The controlled substances law defines marijuana as all parts of plants

of the genus

Cannabis

, whether growing or not, and most derivatives or preparations

of the plants (though it does not include, for instance, fiber produced from the stalks

or oil made from the seeds of the plants). THC is currently placed in the most

restrictive category of controlled substances: it may not be prescribed for medical use

and may be manufactured and possessed only for particular purposes (such as

research) under special permits.

This bill requires the Department of Agriculture, Trade and Consumer

Protection (DATCP) to issue licenses that authorize the growing and processing of

industrial hemp. Industrial hemp is defined as the plant

Cannabis sativa

with no

more than 0.3 percent THC. The bill requires an applicant for a license to provide

a legal description of the land on which industrial hemp will be grown or processed

and to pay a fee for the license. It also requires DATCP to obtain a criminal history

search from the state Department of Justice for each applicant and prohibits DATCP

from issuing a license to a person if the criminal history search shows the person has

been convicted of violating the controlled substances law. The bill requires reporting

by a person with an industrial hemp license, including reporting all sales of

industrial hemp. The bill also requires DATCP to promulgate rules for the

administration of the licensing law.

This bill creates an exemption from the controlled substances law for growing

or processing industrial hemp in conformity with a license issued by DATCP.

Growing and possessing the plant

Cannabis

is also prohibited by federal law,

except with a permit issued by the federal Drug Enforcement Administration. This

bill does not change federal law.