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CANNABIS and CBD 206 City of Murrieta – Development Services Department August 2019 1 Town Square, Murrieta CA 92562

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CANNABIS and CBD 206 City of Murrieta – Development Services Department August 2019 1 Town Square, Murrieta CA 92562 Information WHAT ARE THE REGULATIONS FOR Bulletin CANNABIS AND CBD 206 City of Murrieta – Development Services Department August 2019 1 Town Square, Murrieta CA 92562 The passage of the 2018 US Farm Bill allowed all Documents Referenced in this products made from industrial hemp, including Information Bulletin cannabidiol (CBD), to be legal under the Controlled Substances Act (CSA) if they contain no more than City Cannabis Regulations, §16.44.250 0.3 percent tetrahydrocannabinol (THC). Adult Use of Marijuana Act of 2016, Prop 64 THC is the main psychoactive ingredient in marijuana CA Health and Safety Code, §11018.5 that gets users “high.” As a result, a new market 2018 National Farm Bill segment of health and wellness foods and supplements that features CBD as an ingredient is gaining national momentum. real health benefits (i.e., pain reliever, weight loss supplement, reduces epileptic seizures) and This information bulletin provides an overview of the is being investigated for other medical uses. different species of cannabis and how they are Because the FDA has made this determination, regulated at the federal, state and local level. Contact CBD cannot be freely added to food or the Community & Project Assistance Center at (951) supplements that are sold to the public without 461-6061 with any questions. complying with FDA requirements. I. MARIJUANA V. HEMP IV. CA DEPARTMENT OF PUBLIC HEALTH Cannabis plants contain On July 6, 2018, in response to numerous unique compounds called inquiries from CBD industry stakeholders, the cannabinoids. Current California Department of Public Health (CDPH) research has revealed over issued a public statement that CBD sourced one hundred different from industrial hemp cannot be used in food in cannabinoids so far, but THC is the most well- California. The CDPH relies on the FDA’s known credited with causing the marijuana position, explaining: “high”. “California incorporates federal law While marijuana plants contain high levels of regarding food additives, dietary use THC, hemp plants contain very little of the products, food labeling, and good psychoactive chemical. This single difference is manufacturing practices for food”, and what most in the industry rely on to distinguish that the “FDA has concluded that it is a hemp from marijuana. prohibited act to introduce or deliver for introduction into interstate commerce any II. 2018 FARM BILL AND HEMP food (including any animal food or feed) to which THC or CBD has been added … In December 2018 President Trump signed into regardless of the source of the CBD – law the 2018 Farm Bill, which among other derived from industrial hemp or things removed hemp from the illegal Schedule 1 drugs list, giving it the same classification as cannabis.” any other commercial crop (“agricultural However, as of the writing of this information commodity”). Additionally, there are no Federal bulletin, the state legislature is considering prohibitions on the sale, processing, possession, new law that would allow the consumption of or transportation of industrial hemp (or any CBD products in California. products made from it) so long as the commodity is cultivated pursuant to Federal law V. OTHER HEMP RELATED PRODUCTS standards and contains less than 0.3 percent THC levels. While the debate on consumable CBD products continues in the legislature, hemp products that III. US FOOD AND DRUG ADMINISTRATION are not orally consumed are legal under federal and state law. Such products include: Regardless of the source of CBD or the level of THC, the Federal Food & Drug Administration Clothing & Accessories (i.e., shirts/pants, (FDA) has concluded that CBD is a drug with shoes, wraps, ties, belts) Visit our Website at http://www.murrietaca.gov/746/Development-Services Page 2 City of Murrieta ◊ Information Bulletin 206 August 2019 Beauty & Skin (i.e., lotions, balms, Industrial Hemp Products shampoos, body wash, facial creams) Following the changes in the 2018 National Home & Office (i.e., sheets, towels, paper, Farm Bill regarding industrial hemp, the chairs, detergent, blankets) City recently changed its regulations to allow the sale of industrial hemp products Industrial & Others (i.e., rope, plastics, subject to the following standards: batteries) o Hemp products must contain no more VI. CITY OF MURRIETA REGULATIONS than 0.3 percent tetrahydrocannabinol (THC). The City regulatory code currently defines "Marijuana" as all parts of the Cannabis plant o Foods or supplements taken orally will and prohibits all aspects of Marijuana cultivation, continue to be prohibited. processing, delivery, and dispensaries (sales), with three exceptions: o No marijuana or cannabis products or graphics depicting marijuana or Cannabis Product Testing Laboratories cannabis products shall be visible from the exterior. These laboratories are designed to test the chemical levels and composition of various o Hemp manufacturing and cultivation cannabis (marijuana and hemp) products to shall continue to be prohibited. determine and report state product compliance requirements. Such facilities Proposition 64 Allowances are allowed subject to the following standards: Personal use and private cultivation as specifically authorized under the Adult Use o Limited to the General Industrial (GI), of Marijuana Act of 2016 (Proposition 64) is General Industrial-A (GIA), and permitted, including the following: Business Park (BP) zones with an o approved Conditional Use Permit. Persons 21 years and older may legally possess, purchase, obtain or o Compliance with California cannabis use marijuana products. testing laws as described in the o Bureau of Marijuana Control’s May cultivate up to six marijuana California Code of Regulations. plants on private property. o o No marijuana or cannabis products or May legally possess up to 28.5 grams graphics depicting marijuana or of marijuana and up to eight grams of cannabis products shall be visible concentrated cannabis. from the exterior. o Marijuana cannot be consumed in o Odor control devices and techniques public or locations where smoking is shall be incorporated in all marijuana prohibited. testing laboratories to ensure that any odors from testing are not detectable off-site. ◊ ◊ ◊ ◊ o Marijuana testing laboratory permits may be revoked for any violation of any law and/or any rule, regulation and/or standard. o Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a marijuana testing laboratories to operate within the City. Visit our Website at http://www.murrietaca.gov/746/Development-Services .
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