AB 503

Under current law, tetrahydrocannabinol (THC) is a controlled substance, the possession, manufacture, delivery, and distribution of which are criminal offenses under the state’s Controlled Substances Act. Current law exempts hemp from the definition of THC. “Hemp” is defined under current law as “the plant 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-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods.” The current law definition of “hemp” clarifies that it does not include a prescription drug product that has been approved by the U.S. food and drug administration.

This bill changes the definition of hemp and, as a result, what is exempted from the definition of THC under the state’s Controlled Substances Act. The bill defines “hemp” as “the plant 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 total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of not more than 0.3 percent in the plant on a dry weight basis.” The bill, like current law, also clarifies that “hemp” does not include a prescription drug product that has been approved by the U.S. food and drug administration.

The bill also provides that the definition of “hemp” includes industrial hemp and defines “industrial hemp” as hemp grown for the use of the stalk; hemp grown for the use of the whole grain, oil, cake, nut, hull, or any other product from the seeds of the plant; hemp grown for purposes of producing microgreens or other edible hemp leaf products derived from an immature, low-THC plant; hemp plants that do not enter the stream of commerce and that are intended to support hemp research at an institution of higher education or independent research institute; and hemp that is grown for the use of a viable seed that is produced solely to produce any of the previously mentioned products or uses.

The bill provides that the definition of “hemp” does not include a viable cannabis seed that has a total THC concentration, including tetrahydrocannabinolic acid, of more than 0.3 percent in the plant on a dry weight basis. In addition, under the bill, the definition of “hemp” does not include a hemp-derived cannabinoid product that contains a cannabinoid that is not capable of being naturally produced by a cannabis plant; a cannabinoid that is capable of being naturally produced by a cannabis plant but that is synthesized or manufactured outside of the plant; or a quantifiable amount of THC or other cannabinoid that has similar effects or is marketed to have similar effects on humans or animals as THC.

The bill defines “hemp-derived cannabinoid product” as “an intermediate or final product that is derived from hemp other than industrial hemp, that contains cannabinoids in any form, and that is intended for human or animal use through any means of application or administration, including inhalation, ingestion, or topical application.” The bill clarifies that “hemp-derived cannabinoid product” does not include a prescription drug product that has been approved by the U.S. food and drug administration.