Cannabis Regulation Watch – Hemp Updates – California, South Carolina, and West Virginia – 4/16/20

Learn about recent changes to industrial hemp cultivation status for multiple states and tribal governments.

In this edition we have updates on industrial hemp cultivation in several counties of California, as well as USDA approval of hemp production plans for South Carolina, West Virginia, Ogala Sioux Tribe, Seneca Nation of Indians, and the Turtle Mountain Band of Chippewa Indians.

Read on to see the important regulation updates our research team has discovered.

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April 16, 2020 – Industrial Hemp Cultivation Updates and COVID-19 Cannabis Regulation Delays

Tulare County, California

On April 7th, 2020 the Tulare County Board of Supervisors adopted ORDINANCE NO. 3581 and ORDINANCE NO. 3582 allowing and regulating the cultivation and processing of industrial hemp.

Cultivation Requirements

The new ordinances would permit the cultivation of hemp in the Exclusive Agricultural (AE) and Light Manufacturing (M1) zones and set the following setback requirements:

  • 50 feet from any boundary line of the parcel
  • One-quarter mile from any Urban Development.
  • 200 feet from any residence not owned by the grower.
Processing Requirements

The processing of industrial hemp will be allowed in the Exclusive Agricultural (AE), Light Manufacturing (M-1), and Heavy Manufacturing (M-2) zones with the following setback requirements:

  • 200 feet away from any residence not owned by the Processor
  • 200 feet from any residential zone
  • Any outdoor Processing of Industrial Hemp must be 1000 feet from any Urban Development.
Ordinance Links

Siskiyou County, California

On April 7th, 2020 the Siskiyou County Board of Supervisors held the first reading of Ordinance Industrial Hemp Zoning Text Amendment (Z-19-10), to allow and regulate cultivation of industrial hemp.

The cultivation of Industrial Hemp would be allowed in the AG-1 and AG-2 zones, subject to a 40-acre minimum parcel size, and in the new Hemp Combining District (H) district with a 80-acre minimum parcel size.

Outdoor Cultivation Setback Requirements
  • 100 feet from any boundary line of the parcel, unless the boundary line is adjacent to the boundary line of a parcel that is either owned, managed, or otherwise under the control of the Person who obtained the license for the cultivation of industrial hemp
  • 1000 feet from any parcel containing a sensitive receptor
  • 200 feet from any residential uses or permitted residence in any zone.
Indoor Cultivation Setback Requirements
  • 50 feet from any boundary line of the parcel adjacent to a parcel under different ownership
  • 1000 feet from any parcel containing a sensitive receptor
  • 100 feet from any residential uses or permitted residence in any zone
Links

USDA Approves Hemp Production Plans: South Carolina, West Virginia, Oglala Sioux Tribe, Seneca Nation of Indians, Turtle Mountain Band of Chippewa Indians

On March 31st, 2020 the U.S. Department of Agriculture (USDA) announced the approval of hemp production plans under the U.S. Domestic Hemp Production Program for South Carolina, West Virginia, the Oglala Sioux Tribe, the Seneca Nation of Indians and the Turtle Mountain Band of Chippewa Indians, bringing the total of approved plans to 31.

For a complete list of USDA approved State and tribal plans  and for detailed descriptions of each state’s plans visit the link below.

South Carolina Hemp Farming State Plan

No person shall be eligible to obtain a Hemp Farmer Permit if the applicant: was convicted of a State or Federal felony related to a controlled substance within the ten years immediately preceding the criminal records report date, fails to provide all application requirements and documentation; or materially falsifies any information contained in the application.

To be eligible to obtain a Hemp Farming Permit, each applicant, at a minimum, must submit the following with prospective Farmer’s application: full legal name, physical address, mailing address, phone number, email, and appropriate fees.  The applicant must also consent to a fingerprint-based state and federal criminal records check and supply GPS coordinates, physical addresses, and maps for any  any location or facility that will be used to cultivate or store hemp.

Fees
  • The annual fee for a Hemp Farmer Permit shall be $1,000.
  • The annual fee for Hemp Processor Permit shall be $3,000.
  • The annual fee for Hemp Handler Permit shall be up to $1,000
Links

West Virginia Department of Agriculture Proposed Industrial Hemp Plan

Application Process

To participate in the WVDA’s industrial hemp program, the applicant must complete the most current WVDA hemp application, submit geospatial coordinates and other required information concerning land where hemp operations will be performed, and provide state and federal background checks along with both an application and licensing fee.

Licenses will become effective, upon approval of the submitted application, for the calendar year for which the application is made and will expire on December 31 of that year.

Site Monitoring

Each licensee must contact WVDA at least 30 days prior to harvest to schedule a time for sample collection.  Site inspections will be performed by an authorized WVDA representative at the same time pre-harvest samples are collected for THC compliance testing.  Each growing area and variety lot will be sampled and tested to ensure that the “total THC” content of their hemp crop does not exceed 0.3%

Links

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All Municipality / City Regulation Update Posts

  • September 24, 2019 Updates: Oxnard, Santa Rosa, Thousand Oaks, Sacramento, Colton, Novato, Sonoma County, Fairfax, Davis, Humboldt
  • October 1, 2019 Updates: Illinois Adult-Use Cannabis License Application Details & FAQs
  • October 2, 2019 Updates: Humboldt County, Long Beach, Sonoma County, Washington State
  • October 14, 2019 Updates: Culver City, City of Berkley, El Dorado, Humboldt, Washington State, Fort Bragg, Sonoma County, Morro Bay
  • October 22, 2019 Updates: Fairfax, Humboldt County, Mendota, La Mesa, Culver City, Oxnard, Ventura City, Marysville
  • October 29, 2019 Updates: City of Marina, Culver City, City of San Anselmo, City of Barstow, City of San Luis Obispo, Santa Rosa, Fresno, and Port Hueneme
  • November 26, 2019 Updates: Stanton, Oxnard, Thousand Oaks, Benicia, Sacramento, Marysville, Pomona, and San Fernando City
  • December 18, 2019 Updates: El Monte, Fresno, Sacramento
  • January 28, 2020 Updates: Bank Safe Act, Grand Rapids Michigan, Knox County Illinois, Washington, and Illinois.
  • March 11th, 2020 Update: Corona, Chico, El Centro, and La Habra
  • March 17th, 2020 Update: Pomona, CA – Cannabis Applications & Regulations Details
  • March 30th, 2020 Update: Crescent City, Concord, Redwood City, and San Leandro

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