AMENDED IN ASSEMBLY JANUARY 5, 2006
AMENDED IN ASSEMBLY JANUARY 4, 2006
AMENDED IN ASSEMBLY APRIL 25, 2005
AMENDED IN ASSEMBLY MARCH 30, 2005
california legislature—2005–06 regular session
ASSEMBLY BILL No. 1147
Introduced by Assembly Member Leno
February 22, 2005
An act to amend Sections 11018, 11054, 11357, 11358, 11359,
11360, 11361, and 11362.7 Section 11018 of, and to add Section
11018.5 to, the Health and Safety Code, relating to industrial hemp.
legislative counsel’s digest
AB 1147, as amended, Leno. Industrial hemp.
(1) Existing law makes it a crime to engage in any of various
transactions relating to marijuana, except as otherwise authorized by
law, such as the medical marijuana program. For the purposes of these
provisions, marijuana is defined as not including the mature stalks of
the plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant which
is incapable of germination.
This bill would revise the definition of marijuana so that the term
would also instead not include industrial hemp, which the as defined,
except where the plant is cultivated or processed for purposes not
expressly allowed for. The bill would define industrial hemp as an
agricultural field crop that is limited to the nonpsychoactive varieties
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of the plant Cannabis plant sativa L. having no more than 3/10 of 1%
tetrahydrocannabinol contained in the dried flowering tops, that is
cultivated from seed originating in California, and that is cultivated
and processed exclusively for the purpose of producing the mature
stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, or any other compound, manufacture, salt,
derivative, mixture, or preparation producedfrom of the mature stalks
(except the resin or flowering tops extracted therefrom), fiber, oil, or
cake, or the sterilized seed of the plant which is incapable of
germination. The bill would make conforming changes to related
provisions. The bill would provide that this definition of industrial
hemp shall not be construed to authorize the cultivation, production,
or possession of resin, flowering tops, or leaves that have been
removed from the field of cultivation and separated from the other
constituent parts of the industrial hemp plant; the transportation or
sale across state borders of seed or any variety of Cannabis sativa L.
that is capable of germination; or any cultivation of the industrial
hemp plant that is not grown in a research setting or as an
agricultural field crop. By revising the scope of application of existing
crimes relating to marijuana, this bill would impose a state-mandated
local program upon local governments.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes.
The people of the State of California do enact as follows:
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SECTION 1. Section 11018 of the Health and Safety Code is
amended to read:
11018. “Marijuana” means all parts of the plant Cannabis
sativa L., whether growing or not; the seeds thereof; 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. It does not include industrial hemp, as defined
in Section 11018.5, or the mature stalks of the plant, fiber
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— 2 — AB 1147
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produced from the stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of
the plant which is incapable of germination. in Section 11018.5,
except where the plant is cultivated or processed for purposes
not expressly allowed for by Section 11018.5.
SEC. 2. Section 11018.5 is added to the Health and Safety
Code, to read:
11018.5. (a) “Industrial hemp” refers to an agricultural
means an agricultural field crop that is limited to
nonpsychoactive varieties of the Cannabis plant plant Cannabis
sativa L., having no more than three-tenths of one percent
tetrahydrocannabinol contained in the dried flowering tops, that
is cultivated from seed originating in California, and that is
cultivated and processed exclusively for the purpose of
producing fiber the mature stalks of the plants, fiber produced
from the stalks, oil or cake made from the seeds of the plant, or
any other compound, manufacture, salt, derivative, mixture, or
preparation produced from of the mature stalks (except the resin
or flowering tops extracted therefrom), fiber, oil, or cake, or the
sterilized seed of the plant which is incapable of germination.
(b) This section shall not be construed to authorize the
following:
(1) The cultivation, production, or possession of resin,
flowering tops, or leaves that have been removed from the field
of cultivation and separated from the other constituent parts of
the industrial hemp plant.
(2) The transportation or sale across state borders of seed of
any variety of Cannabis sativa L. that is capable of germination.
(3) Any cultivation of the industrial hemp plant that is not
grown in a research setting or as an agricultural field crop.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a
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AB 1147 — 3 —
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crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
All matter omitted in this version of the bill
appears in the bill as amended in Assembly,
January 4, 2006 (JR11)
O
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— 4 — AB 1147
There is the bill.
The analysis of what it means to me and my family.
CLICK HERE
REGISTERED SUPPORT / OPPOSITION :
Support
Vote Hemp (Sponsor)
Board of Supervisors, City and County of San Francisco
Community Alliance with Family Farmers
Dr. Bronner's Magic Soaps
Drug Policy Alliance Network
Hemp Industries Association
Nutiva
Rainforest Action Network
Sierra Club California
Opposition
None on file
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
Funny no one opposes it in Government, yet we shall see if it passes.
KMS