Amador County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 19
88 RESTRICTION ON INDUSTRIAL HEMP
§ 19.88.010 Purpose and findings.
Industrial hemp and cannabis are differentiated by definition in state law, with a major difference being that industrial hemp may not contain more than three-tenths of one percent tetrahydrocannabinol (THC). However, industrial hemp and cannabis are derivatives of the same plant, Cannabis sativa L., and the attributes of industrial hemp and cannabis are virtually indistinguishable. Accordingly, the findings of Sections 19.84.010(E) through (K) are applicable to industrial hemp and are incorporated herein by reference as if the terms "cannabis" and "industrial hemp" were interchangeable.
Chapter 19.84 regulates cannabis, but does not regulate industrial hemp. The purpose of this chapter is to prohibit the cultivation, breeding, storing, or processing of industrial hemp.
(Ord. 1805 § 2, 2021)
§ 19.88.020 Definitions.
"Established agricultural research institution"
means an institution that is either of the following:
1.
A public or private institution or organization that maintains land or facilities for agricultural research, including colleges, universities, agricultural research centers, and conservation research centers; or
2.
An institution of higher education, as defined in Section 101 of the federal Higher Education Act of 1965 (20 U.S.C. Section 1001), that grows, cultivates, or manufactures industrial hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research.
"Hemp breeder"
is defined in the California Food and Agricultural Code Section 81000 and means an individual or a public or private institution or organization that is registered with a county agricultural commissioner to develop varieties of industrial hemp intended for sale or research.
"Industrial hemp" or "hemp"
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 (TCH) concentration of no more than three-tenths of one percent on a dry weight basis.
(Ord. 1805 § 2, 2021)
§ 19.88.030 Cultivation, breeding, storing, or processing of industrial hemp prohibited.
A.
No person or entity shall cultivate industrial hemp for any purposes within the unincorporated areas of Amador County, and no county permit, registration, or approval of any type shall be issued therefor. Established agricultural research institutions and hemp breeders shall similarly be prohibited from cultivating or breeding industrial hemp.
B.
No person or entity, including established agricultural research institutions, shall keep, store, process, or manufacture harvested industrial hemp in Amador County, except that consumer-ready finished products containing industrial hemp may be warehoused and sold.
C.
Cultivation, breeding, keeping, storing, processing, or manufacturing of industrial hemp in violation of the prohibitions articulated in this section constitutes a public nuisance, and violations may be enforced and abated in the same manner as prohibited cannabis cultivation is enforced under Chapter 19.84 of this code and by any other means available by law. This section is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Amador County Code.
D.
No industrial hemp cultivation, breeding, storing, processing, or manufacturing shall be deemed an "agricultural operation" for purposes of the application of Chapter 19.80. To the extent that there is any conflict between the provisions of this chapter and the provisions of any other section of the Amador County Code, resolution, or policy, the provisions of this chapter shall control.
(Ord. 1805 § 2, 2021)
§ 19.88.040 Severability.
If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable.
(Ord. 1805 § 2, 2021)
