COUNTY OF SANTA CLARA PROPOSED HEMP CULTIVATION REGULATIONS
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What is Hemp?
CANNABIS SATIVA L. 0.3 % OR LESS THC
BY DRY WEIGHT
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Changes to Federal and State Law
Regarding Hemp Cultivation
2014
2014 Farm Bill – Legalized hemp cultivation for research in States where such cultivation is made legal under State law
2018
CA Senate Bill 1409 – Updated state law definition of hemp and authorized CDFA to create pilot program and regulations consistent with 2014 Farm Bill
2018
2018 Farm Bill - Removed hemp as a Schedule 1 controlled substance and legalized hemp as an agricultural commodity under the USDA’s oversight
2019
CA Senate Bill 153 – Required California Secretary of Food and Agriculture to prepare and submit to the USDA a hemp production plan by May 1, 2020
2019
USDA Interim Final Rule –Regulations implementing hemp cultivation under 2018 Farm bill and authorizing USDA to approve state hemp plans
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What Other Counties
Have Done
Moratoriums on cultivation
Setbacks from Sensitive
Sites – Schools, Churches,
Hospitals, Residences, etc.
Restrictions on Minimum/
Maximum Acreage
Limited cultivation to
established greenhouses
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Benefits
Good rotation crop
Low Pesticide Use
Soil remediator
Multitude of Uses
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Concerns
Nuisance from Odor
(varies)
Public Perception
Crime
Cultivation of Non-
Compliant Crops
(>0.3% THC)
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Hemp Cultivation in
Unincorporated Areas
of Santa Clara County
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Proposed County Ordinance
Registration with the County Agricultural Commissioner’s Department
Hemp Cultivation Clearance from Planning Department
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Registration with County Agriculture Department
Registration: $900 / year
Provide GPS Information
Approved Seed Cultivars
Inspection and Sampling (within 15 days of Harvest)
Destruction of non-compliant hemp coordinated between the grower, Ag Dept., and the Sheriff’s Office
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Hemp Cultivation Clearance from Planning Department
Limited to “A”, (Exclusive Agriculture) zoning district, and prohibited within:
¼ mile from any Sensitive Receptor (e.g., religious institutions, daycares, schools, and property with a residential zoning designation)
200 feet from any property boundary line
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Hemp Cultivation
Ordinance Provisions
Grower must be property owner or
provide written consent from deed
holder
Registered growers and/or property
owners would be limited to a
cumulative total of 50 acres
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Hemp Cultivation Ordinance Provisions
The County authorized to inspect/sample site during normal business hours
Growers must post signs indicating that hemp is being grown
Once clearance approved, Ag Dept. would ensure compliance by on-site inspection
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Next Steps:
Planning and County Ag staff will hold community meetings in South County in March
Staff will finalize regulations and present proposed Ordinance to Planning Commission in March/April
Final Ordinance would go to Board for consideration in April/May
Timeline would align adoption of County regulations with USDA’s anticipated approval of State plan
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Questions?
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