Hemp Testing: California's New Law Explained

Hemp testing and sampling became law in California with the passing of the Agriculture Improvement Act of 2018 (2018 Farm Bill), which removed hemp from Schedule I of the federal Controlled Substances Act. This act came into effect on January 1, 2019, and meant that hemp was no longer federally regulated as a controlled substance. The state of California has since implemented its own laws and regulations regarding the cultivation, testing, and sampling of hemp, with the California Department of Food and Agriculture (CDFA) playing a key role in overseeing these activities.

Hemp testing and sampling law in California requires testing for THC content

Hemp testing and sampling laws in California are strict and comprehensive, requiring testing for THC content to ensure compliance with the set standards.

The California Department of Food and Agriculture (CDFA) plays a crucial role in regulating the state's hemp industry. The CDFA has established clear guidelines for hemp cultivation, including registration requirements, fees, and eligibility criteria. The CDFA's Industrial Hemp Program provides detailed information on the laws and regulations governing hemp production in the state.

One of the key components of California's hemp testing and sampling law is the requirement for THC testing. The law mandates that hemp cultivators obtain a laboratory test report indicating the percentage concentration of THC in their crop before harvest. This report must be obtained through proper sampling procedures outlined in the California Code of Regulations. The samples are then tested according to specific testing procedures to determine the THC concentration.

The acceptable hemp THC level in California is well-defined. The THC concentration should fall within a specific range, including three-tenths of one percent or less, considering the measurement of uncertainty applied to the reported THC concentration. If a hemp crop tests above the acceptable THC level, the cultivator will not be permitted to harvest. However, if the THC concentration is slightly above the limit but does not exceed one percent, the cultivator may request a retest.

The state has also implemented emergency regulations regarding industrial hemp sampling, laboratory testing, and destruction. These regulations, approved by the Office of Administrative Law (OAL), are codified in several sections of the California Code of Regulations. Notably, these emergency regulations only require hemp to be tested for THC content, which has raised concerns from a public health perspective. However, permanent industrial hemp regulations may include more comprehensive testing requirements.

California's hemp testing and sampling law also addresses the calculation of THC concentration. The California Code of Regulations defines THC concentration as the post-decarboxylated value of the percentage of delta-9 THC on a dry weight basis, rounded to the nearest thousand or three decimal places. The percentage concentration can be measured using suitable analytical instrumentation or a calculated value using a conversion formula.

In conclusion, hemp testing and sampling laws in California are stringent and primarily focus on THC content testing. The CDFA, through its Industrial Hemp Program, provides detailed guidelines for cultivators to ensure compliance with the law. The state's regulations cover various aspects, from registration and fees to THC testing, sampling procedures, and acceptable THC levels. These laws aim to promote hemp as a safe agricultural commodity while preventing the cultivation of controlled substances.

The law applies to industrial hemp cultivation

Hemp farming is legal in California, and the state has a dedicated California Industrial Hemp Program. The law applies to industrial hemp cultivation, which is defined as an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant. This includes 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% on a dry weight basis.

The California Industrial Hemp Program provides for the cultivation of industrial hemp by registered growers, hemp breeders, and established agricultural research institutions. The program sets out timeframes, procedures, methods, and confirmation for industrial hemp sampling, laboratory testing, and destruction for industrial hemp cultivation. The program also establishes registration and renewal fees charged by the county agricultural commissioner for industrial hemp cultivation.

The California Department of Food and Agriculture (CDFA) has adopted regulations regarding industrial hemp cultivation, which can be found in Title 3, Division 4, Chapter 8 of the California Code of Regulations. These regulations include requirements for industrial hemp sampling, laboratory testing, and destruction. The CDFA has also released an application to cultivate industrial hemp, with emergency regulations going into effect immediately and lasting for at least 180 days. These emergency regulations only require hemp to be tested for THC content, which has raised concerns from a public health perspective as many hemp-derived products are consumed.

The California Industrial Hemp Program also provides information on the local requirements regarding the production of industrial hemp. It is important to note that California law does not provide for the cultivation of industrial hemp for personal use, and all cultivation of industrial hemp requires registration with the respective County Agricultural Commissioner. Additionally, industrial hemp cannot be grown on premises licensed by the CDFA to cultivate or process cannabis.

Hemp testing and sampling law in California was approved as an emergency regulation

The emergency regulations are codified in Sections 4940, 4941, 4942, 4943, 4944, 4945, 4946, 4950, and 4950.1 of Title 3, Division 8, Chapter 4 of the California Code of Regulations. The California Department of Food and Agriculture (CDFA) submitted these regulations, which went into effect immediately and were to be in place for at least 180 days.

The CDFA conducted a regular rule-making process during this time to receive public input on what the permanent industrial hemp regulations should be. The emergency rule-making process was used because the CDFA wanted some rules in place before the first industrial hemp harvest, which was estimated to occur as early as that month.

The industrial hemp emergency regulations only require hemp to be tested for THC content, which could be problematic from a public health perspective. Many people consume products made with hemp-derived ingredients that may not have been produced with standards fit for human consumption. However, the permanent industrial hemp regulations may include more thorough testing requirements.

Additionally, the emergency regulations do not address the possibility of transitioning non-compliant hemp crops that failed due to high THC levels into the regulated cannabis supply chain. This may also be considered during the regular rule-making process.

The adoption of this proposed regulation establishes timeframes, definitions, and procedures for industrial hemp registration and program eligibility determination. It also establishes registration and renewal fees to be charged by the county agricultural commissioner for industrial hemp cultivation.

The law requires hemp to be tested before it can be harvested

Hemp testing and sampling are required by law in California. The California Department of Food and Agriculture (CDFA) has outlined specific regulations for the industrial hemp cultivation process, including sampling, laboratory testing, and destruction. These regulations were approved as emergency measures by the Office of Administrative Law (OAL) in 2019 and are now codified in Sections 4940, 4941, 4942, 4943, 4944, 4945, 4946, 4950, and 4950.1 of Title 3, Division 8, Chapter 4 of the California Code of Regulations.

The acceptable hemp THC level is clearly defined to maintain consistency. According to Section 4890(a)(25) in Title 3 of the California Code of Regulations, the acceptable level includes a THC concentration of three-tenths of one percent or less, taking into account the measurement of uncertainty applied to the reported THC concentration. This measurement of uncertainty is crucial for determining whether a sample passes or fails as California industrial hemp.

The implications of failing to meet the required THC levels are significant. If a registrant receives a failed laboratory test report, indicating a percentage concentration of THC higher than the acceptable level, they will not be permitted to harvest their hemp crop. In cases where the THC level exceeds the acceptable limit but does not surpass one percent, the registrant has the option to request a single retest as outlined in Section 4945 of the California Code of Regulations.

These regulations are designed to provide clear guidelines for hemp cultivation and ensure that harvested hemp complies with the defined standards. By enforcing these laws, California aims to protect consumers and promote hemp as a regulated agricultural commodity.

The law requires testing for contaminants, accurate cannabinoid and terpene labelling

Hemp testing and sampling have become law in California, with the state's hemp program falling under the California Department of Food and Agriculture (CDFA). The state's hemp laws and regulations are outlined in Division 24 of the California Food and Agricultural Code.

Testing for Contaminants

The Department of Cannabis Control (DCC) requires all batches of cannabis goods to be tested before they can be sold. Testing labs test cannabis goods to ensure they are free of contaminants and properly labelled with accurate amounts of cannabinoids and terpenes.

Accurate Cannabinoid and Terpene Labelling

Testing labs report results on a Certificate of Analysis (COA), which states whether the batch passes or fails testing for each substance. Labs can only issue COAs and results after all tests are completed, and they cannot change them after they are issued without permission from the DCC.

Additional Testing Requirements

As of January 1, 2024, state-licensed laboratories are required to use the DCC's standardized cannabinoid test method and standardized operating procedures for testing dried flower, including non-infused pre-rolls. Testing labs must also:

• Become ISO-accredited
• Use standard operating procedures
• Develop a laboratory quality assurance program
• Participate in a proficiency testing program

Hemp Sampling

The law also requires hemp sampling to occur within a timeframe determined by the department. The California Industrial Hemp Program, under the CDFA, has outlined the procedures for hemp sampling, which must be requested and collected in accordance with Sections 4940 and 4941 in Title 3 of the California Code of Regulations (CCR).

Laboratory Testing

The samples collected are then tested in accordance with the testing procedures outlined in 3 CCR Sections 4942 through 4944. The percentage concentration of THC for industrial hemp is calculated using suitable analytical instrumentation or a calculated value using a conversion formula.

Test Results and Compliance

Laboratory test reports are labelled as "PASSED AS CALIFORNIA INDUSTRIAL HEMP" or "FAILED AS CALIFORNIA INDUSTRIAL HEMP" based on the acceptable hemp THC level. If the industrial hemp crop tests over the acceptable hemp THC level, registrants will not be able to harvest.

Frequently asked questions