Napa County Municipal Code Ch. 8.11 Industrial Hemp Cultivation

It

is the intent of the board of supervisors to prohibit the cultivation of industrial hemp in the unincorporated area of the county, in order to protect Napa County's unique and sensitive environment, and to preserve the public peace, health, safety and general welfare of the citizens of, and visitors to the county.

(Ord. No. 1469, § 1, 6-8-2021)

For purposes of this chapter, the following definitions shall apply:

"Cultivation" or "cultivate" means any activity involving the planting, growing, harvesting, drying, curing, processing or storage of industrial hemp in any location, indoor or outdoor, including within a fully enclosed and secure structure.

"Established agricultural research institution" shall have the same definition as set forth in California Food and Agricultural Code section 81000.

"Industrial hemp" or "hemp" shall have the same definition as set forth in California Food and Agricultural Code section 81000 and means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.

(Ord. No. 1469, § 1, 6-8-2021)

A. Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited within the unincorporated area of the county. Additionally, "Established agricultural research institutions" are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.

B. Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited within the unincorporated area of the County.

(Ord. No. 1469, § 1, 6-8-2021)

Any violation of this chapter is a public nuisance.

(Ord. No. 1469, § 1, 6-8-2021)

Any violation of this chapter shall be subject to abatement and penalties as provided in Chapters 1.20 and 1.28 of this code or any successor chapters thereto.

(Ord. No. 1469, § 1, 6-8-2021)