Sacramento Municipal Code Ch. 8.134 Industrial Hemp

It is the purpose and intent of the city council to protect the health, safety, and welfare of the residents of the city by prohibiting the cultivation, manufacturing, storage, and possession of industrial hemp.

As of January 1, 2019, both state and federal law allow the cultivation and sale of industrial hemp in an agricultural research pilot program. (7 U.S.C.A. §§ 1639o and 5940; 21 U.S.C.A. § 802(16)(B).) However, cannabis and industrial hemp are derivatives of the same plant, and the appearance and odor of the two plants are virtually indistinguishable. Currently, the most effective way to identify industrial hemp is through a chemical laboratory analysis, which requires confiscation and destruction of the plant. If industrial hemp were allowed, individuals suspected of illegal cannabis activities may claim that the plant is industrial hemp thus frustrating enforcement efforts, leading to an increase in illegal cannabis in the city. This would adversely affect the public health, safety, and welfare of the residents and visitors of the City of Sacramento and cause an increase in crime and other dangers.

A violation of this prohibition is subject to increased administrative penalties in recognition of the propensity for hemp to be disguised as cannabis and the high value of cannabis plants, which can be worth several thousand dollars each, and the desired punitive effect required to deter future violations. (Ord. 2021-0006 § 1)

The following definitions apply in this chapter:

"Cannabis" has the same meaning as set forth in California Business and Professions Code section 26001.

"Cultivate" means to plant, grow, harvest, dry, or process.

"Industrial hemp" has the same meaning as set forth in California Health and Safety Code section 11018.5.

"Industrial hemp product" means industrial hemp that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated industrial hemp, or a topical product containing industrial hemp or concentrated industrial hemp and other ingredients as permitted by law.

"Manufacture" means to compound, process, reprocess, assemble, or package.

"Store" means to place or leave in a location for preservation, later use, or disposal. (Ord. 2021-0006 § 1)

No person shall cultivate, manufacture, store, or possess industrial hemp, excepting the storage or possession of industrial hemp products. (Ord. 2021-0006 § 1)

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.

B. Violations of this chapter are declared to be a public nuisance.

C. Civil penalties for violations of this chapter.

1. Any person who manufactures industrial hemp is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues, except as provided in subsection C.2.

2. Any person who cultivates, stores, or possesses industrial hemp is liable for civil penalties of an aggregate amount calculated at $500 per plant.

D. Any person who violates any provision of this chapter is guilty of a misdemeanor.

E. Administrative penalties for violations of this chapter are governed by chapter 1.28, except for the following:

1. Notwithstanding the provisions of section 1.28.010.D.3, the amount of an administrative penalty to be imposed for cultivating, storing, or possessing industrial hemp is an aggregate amount calculated at $500 per plant.

2. For purposes of establishing the amount of the appeal fee in accordance with section 1.28.010.D.4.b, an administrative penalty imposed for cultivating, storing, or possessing industrial hemp is a Level B violation, regardless of the amount of the penalty.

F. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2021-0006 § 1)

Any cultivation, manufacturing, storage, or possession of industrial hemp is subject to nuisance abatement pursuant to chapter 8.04, including the summary abatement

provisions of article VII (commencing with section 8.04.330). (Ord. 2021-0006 § 1)