Hemp Farmers and anyone involved in the processing, manufacturing or retail hemp markets need to know about AB45.
If your business growing and selling hemp in California, you need to know about AB45 which bans the sale of Raw Flower and Processed Flower/Pre-rolls in California AND create a huge new bureaucracy to regulate hemp patterned after the Bureau of Cannabis control AND adds many confusing new rules for regulatory compliance in growing, processing and labeling of hemp and CBD products at retail.
The bill has already passed the Assembly with little opposition and the Senate Committee on Appropriations will hear the bill next. Once that is approved it will go to the full Senate and Assembly for a final vote. Governor Newsom supports this bill and its raw/smokable flower ban and will certainly sign it.
There has been little opposition to the bill in the legislature so now is the time to let your representatives know how much it will damage your business and the hemp industry in California.
Link to bill: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB45
1.The ban on the sale of raw and smokable flower will take effect immediately after passage.
2. Hundreds of farmers that were issued licenses from their counties and CDFA to plant smokable hemp flower who have plants in the ground destined for existing smokable flower markets, will be unable to sell their crop legally in California.
3. Manufacturers and retailers of all CBD hemp products have three months to manufacture and sell their product before the law takes effect and a new regulatory agency will be in charge of what you can and cannot do.
4. Manufacturers of hemp oils, extracts, food, cosmetics or supplements in California will be unable to import their raw material from other states or countries unless these sources are regulated in their place of origin under similar food and safety protocols.
5. Manufacturers outside of California will have to be registered to sell in California and reimburse the regulatory department for travel to and from and for the inspection of facilities and operations in order to sell in the state.
In order to save industrial hemp cultivation in California, we need calls & letters to get to your State Senator and State Assembly members as soon as possible.
Please take a few minutes to both WRITE and CALL both your State Senator and State Assembly Members today to ask him or her to oppose this bill.
You can find out who your state legislators are here: http://findyourrep.legislature.ca.gov/
You can find email addresses for your state legislators here: https://www.utla.net/resources/contact-your-legislators - or by calling their capitol office and asking for it when you offer your opposition via phone.
Using the format suggested below will ensure that it will be processed accurately and your voice will be heard. Feel free to elaborate, but keep your comments to one page. Remember to always be respectful. Threats are not helpful or welcome. Positive, persuasive letters that reflect your enthusiasm for the industry and its potential to create jobs and benefit farmers and the environment will be the most helpful.
August 1, 2021
The Honorable (INSERT NAME HERE)
California State (SENATE OR ASSEMBLY)
State Capital, Room (ADDRESS OF LEGISLATOR)
Sacramento, CA 95814
RE: AB 45 (Aguiar-Curry): Hemp-derived CBD Products: OPPOSED
Dear Senator/Assembly member:
I am writing to inform you of my OPPOSITION to AB45.
Insert a brief paragraph about you, your business and how it will be
affected by this bill (see talking points below).
Insert a brief paragraph about how a ban will adversely affect the future of hemp farming in California (see talking points below).
Insert a brief reiteration of your opposition to the bill and ask for their help in keeping the industrial hemp business alive in California
Signature-be sure to sign your letter!
Scan a signed letter or use an electronic signature.
Talking points: (select 2-3 points to focus and craft your letter to reflect your personal interest and to appeal to your legislator’s interests)
Raw Flower and smokable flower production are the only profitable part of the hemp industry currently for small and medium sized farmers and will effectively shut thes farmers out of the hemp business.
Smokable hemp is non-psychoactive and contains none of the carcinogenic tar compounds or addictive nicotine found in tobacco and should not be regulated like tobacco
Young farmers and minority farmers who will be disproportionately harmed by the bill’s ban, are likely to leave the industry just when we need new, young farmers in our aging agricultural industry
Food and Fiber Hemp requires large acreage for planting and expensive equipment and specialized processing centers and this market will take years to develop the necessary infrastructure throughout the state.
Small and mid-sized farmers have moved towards raw flower because they have a difficult time meeting the minimum pound requirements to get their product into extraction processors and small-scale extraction isn't practical.
The farms, businesses and markets that farmers have cultivated: investments in land, equipment, skills-will all be lost with the passage of this bill. Many businesses will be shuttered or die and thousands of jobs will be lost.
Many farmers will exit the industry if this bill is passed and we will lose momentum and knowledge of hemp farming in California.
California has issued hundreds of licenses to grow the currently legal crop of smokable hemp flower which is now growing and once this bill is signed these farmers are immediately criminals if they harvest and try to sell their raw and smokable product in California
The promise of the hemp industry for extraction has failed to materialize because of the failure of the US FDA to categorize hemp/cbd as a dietary supplement. Their failure to act has kept large food/beverage/alcohol companies from entering the market and using CBD in a range of food/beverage and dietary supplement products.
AB45 prohibits the addition of Hemp/CBD in alcoholic beverages, though it is not an intoxicant.
The bill creates new definitions for THC that are incorrect and do not comply with the USDA definitions and will be difficult to navigate
The bill will create a lot of new costly bureaucracy with little benefit to public safety and will give new authority to the incompetent Bureau of Cannabis Control
California hemp farmers were not consulted about this bill - only out-of-state, Big CBD interests were asked for input. Farmers should be involved in the process.
Find your State Senators and Assembly members here:
In addition to your own Senator and Assembly member, consider contacting and/or copying your letters to:
Sponsor and Author is Assemblywoman Cecilia Aguiar Curry from District 4 - she represents Napa, Lake, Yolo, Sonoma, Colusa and Solano counties. She is open to making changes to the bill but we need letters to her that respectfully request changes to the bill, especially the raw/smokable flower ban. email@example.com
Chair of Agriculture Committee: Senator Andreas Borgeas who represents the 8th Senate District (Fresno) is open to hearing from farmers firstname.lastname@example.org
Senator Toni Atkins is the Senate President and can kill the bill whenever she wants. She represents San Diego and is sensitive to the needs of farmers. email@example.com