Approval of hemp cultivation as a legal agricultural activity in this state. Hemp is an agricultural product that can be legally grown, produced, handled, managed, transferred, commercially sold and sold. Hemp and hemp products produced in accordance with this chapter can be moved and sold within the state, outside this country and internationally. Nothing in this chapter is intended to prevent or discourage trading in a country that legally produces hemp or hemp produced under the laws of another state or country. "
The bill requires Washington to comply with the 2018 Farm Act, which removed the industrial hemp from the Federal Controlled Substances Act and provides state and tribal programs for industrial hemp cultivation. Therefore, the Washington State Department of Agriculture ("WSDA") should submit a plan to the US Department of Agriculture ("USDA") under the 2018 Farm Act. The plan should cover licensing, THC testing, implementation, and a number of other issues that are required by federal law.
It is too early to tell if the SB 5719 will eventually come into law, but it is worth keeping an eye on this (and will be dealt with in the forthcoming free CBD Webinar on February 21 at 12.00 pm PST).
Food and Hemp
SB 5719 reverses Washington's industrial hemp research program (RCW 15.120 et seq.). This program was created under the 2014 Farm Act, which was rather light in detail and limited to hemp cultivation for 'research'. The Washington hemp system is rather small, and has never dropped much, like in Colorado, Kentucky and Oregon. Washington's hemp law is also very confusing, because RCW 15.120.020 prohibits "the manufacture of any part of industrial hemp, with the exception of seeds for food, extract, oil, cake, gasket, resin or other preparation". for local use, for oral use or for human inhalation [.] ”This provision refers only to the production of hemp, not to the sale of hemp products, including the widely popular hemp-based CBD products (hemp CBD). However, it has also narrowed down the retail sales of hemp products for human consumption, considering that if hemp would be illegal for human consumption, it is also legitimate to sell hemp products for human consumption. This would no longer be a problem if the SB 5719 passes. However, the SB 5719 has some sort of ambiguity.
SB 5719 "CBP and CBD products obtained from hemp are considered to be a food product to be tested and processed for other agricultural food and human and animal foods." This may lead to confusion. For example, the current cream of Hemp-CBD should still be tested and treated as food. This is in contradiction with the FDA regulation on food and cosmetics in a different way. In addition, what does "treat" something like food? I read it to refer to, for example, the manufacture, labeling and storage of hemp-CBD, but I could be wrong.
Licensing and Seed
WSDA grants hemp producer licenses. Current hemp license holders could move to the new Washington program when it is running. Only those seeds listed in SB 5719 or approved by WSDA may be used by hemp producers. There is also an intelligent rule on the invoice that separates the seed varieties based on the THC percentage. Certain seed varieties (i.e., "Plant Cannabis sativa L., developed by cultivation with selective breeding") are exempted from THC testing. The WSDA has the authority to approve seed cultivation and determine if THC testing is required. Cultivation brought to the state of Washington before January 1, 2022 as long as the state has planting, growth and stability records covering at least three years.
Although the seeds are regulated fairly steadily, the SB 5719 does not show the need for traceability for seed sales because WSDA is not responsible for whether the hemp product originates from an approved hemp variety.
Although the SB 5719 has great maintenance, the WSDA would still have the power to move hemp in Evergreen. Both marijuana and hemp are ways to describe cannabis, so it's natural to wonder what is the role of LCB in adjusting hemp under SB 5719? In particular, the SB 5719 specifies that "all rules on hemp, including hemp testing, are not covered by [LCB]." for hemp cultivation. In the case of documented cross-pollination between two farms that grow hemp or marijuana, the winner is the first farm. This first-time law would give marijuana farmers a massive upper, at least initially, because the Washington Marijuana Program is older and much larger than the hemp program. WSDA and State Legislators Task Force to Determine Need for Farm Insurance
SB 5719, if it passed it in its present form, dramatically changes Washington's hemp laws. Like the 2018 Farm Bill, it is a much more commercially friendly system. If you agree or disagree with the current version of SB 5719, you can post comments here .
If SB 5719 becomes a law, it comes into force immediately. Given that the bill has several time-sensitive provisions, it makes sense to start planning now. We keep an eye on this and other hemp countings in Washington and other countries.