For the purpose of this Chapter, unless the context otherwise requires, certain terms used in this Chapter shall be as defined below. The definitions in Chapter 21.06 shall otherwise apply.

A.

"Agricultural Commissioner" means the Monterey County Agricultural Commissioner and Sealer of Weights and Measures.

B.

"Established agricultural research institution" means any institution that is either:

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 1001 of the Higher Education Act of 1965 (20 U.S.C. § 101)) that grows, cultivates or manufactures industrial hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research.

C.

"Industrial hemp" means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.

D.

"Industrial hemp cultivation" means the tilling, growing, raising, harvesting, and other cultivation practices of industrial hemp for commerce. Industrial hemp cultivation includes cultivation of industrial hemp by a seed breeder and an established agricultural research institution.

E.

"Industrial hemp processing" means the refinement, treatment, or conversion of industrial hemp where a physical, chemical or similar change of the industrial hemp product occurs. Examples of hemp processing include but are not limited to, freezing, dehydrating, extracting oil, and the sorting, cleaning, packing, and storing of products preparatory to sale or shipment.

F.

"Industrial hemp processing plant" means a structure, building, facility, area, open or enclosed, or any other location for the refinement, treatment, or conversion of industrial hemp where a physical, chemical or similar change of an agricultural product occurs. Examples of hemp processing plant include but are not limited to, coolers, dehydrators, cold storage houses, oil extraction facilities, and areas for the sorting, cleaning, packing, and storing of products preparatory to sale or shipment.

G.

"Registration" means the industrial hemp registration process pursuant to California Food and Agricultural Code sections 81000 through 81011 with the Agricultural Commissioner, and also as amended by this Chapter, registration by an established agricultural research institution in the same manner as an industrial hemp cultivator or seed breeder.

H.

"Seed breeder" means an individual or public or private institution or organization that is registered with the Monterey County Agricultural Commissioner to develop seed cultivars intended for sale or research.

(Ord. No. 5314, § 2, 7-23-2019)

The purpose of this Chapter is to:

A.

Establish a pilot program to accommodate limited cultivation and processing of industrial hemp in specified areas while gathering data for long-term regulations;

B.

Minimize potential conflicts between cultivation and processing of industrial hemp and other land uses by limiting industrial hemp cultivation and processing to certain specified areas in the unincorporated area; and

C.

Aid in the enforcement against illegal cannabis activities and reduce negative impacts on the community and environment for protection of public health, safety and welfare by requiring all industrial hemp cultivators to register with the Agricultural Commissioner.

(Ord. No. 5314, § 2, 7-23-2019)

A.

The regulations set forth in this Chapter shall apply in all districts which are combined with the "HMP" District, in addition to the regulations of the combined districts. However, if any of the regulations specified in this Chapter differ from any of the corresponding regulations specified in this Title for any district which is combined with the "HMP" District, then the provisions of this Chapter shall apply.

B.

The provisions of this Chapter, and all registrations approved by the Agricultural Commissioner pursuant to this Chapter, shall expire on December 31, 2022.

(Ord. No. 5314, § 2, 7-23-2019; Ord. No. 5327, § 2, 4-28-2020)

A.

Uses permitted as "Uses Allowed" in the respective district with which the "HMP" District is combined;

B.

Industrial hemp cultivation pursuant to the requirements of Section 21.49.060 of this Chapter; and

C.

Use of an existing agricultural processing plant for industrial hemp processing.

(Ord. No. 5314, § 2, 7-23-2019)

A.

Uses permitted as "Uses allowed—Use permit required in each case" in the respective district with which the "HMP" District is combined; and

B.

New industrial hemp processing plant (ZA).

(Ord. No. 5314, § 2, 7-23-2019)

A.

Registration approved by the Agricultural Commissioner shall be required before industrial hemp cultivation may commence.

B.

An application for registration to cultivate industrial hemp shall be submitted to the Agricultural Commissioner. Registrations shall not be renewed or extended beyond the expiration date provided in Section 21.49.030 of this Chapter.

C.

The Agricultural Commissioner shall approve no more than thirty (30) registrations pursuant to this pilot program. The Agricultural Commissioner shall approve such registrations if all of the following are met:

1.

The industrial hemp will be cultivated within the "HMP" District.

2.

The industrial hemp will be cultivated on land that was previously cultivated with any crop.

3.

The industrial hemp cultivation will be grown in acreages of one hundred (100) acres or less.

4.

The industrial hemp will be cultivated on land that is at least three (3) miles from an existing legal commercial cannabis cultivation site unless the setback is reduced or waived by written mutual consent of the industrial hemp cultivator and the cannabis cultivator(s).

5.

The industrial hemp cultivation shall not be grown using artificial lighting.

D.

Property owners and registrants will post all appropriate signs as required by state law, and will be subject to the regulations contained in Chapter 21.60 of this Title.

E.

Property owners and registrants shall allow access to the industrial hemp cultivation site by the County, its officers, or agents, to verify compliance with all relevant rules, regulations, and conditions.

(Ord. No. 5314, § 2, 7-23-2019; Ord. No. 5327, §§ 2, 3, 4-28-2020)