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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