It is the purpose and intent of the city council to protect the health, safety, and welfare of the residents of the city by prohibiting the cultivation, manufacturing, storage, and possession of industrial hemp.
As of January 1, 2019, both state and federal law allow the cultivation and sale of industrial hemp in an agricultural research pilot program. (7 U.S.C.A. §§ 1639o and 5940; 21 U.S.C.A. § 802(16)(B).) However, cannabis and industrial hemp are derivatives of the same plant, and the appearance and odor of the two plants are virtually indistinguishable. Currently, the most effective way to identify industrial hemp is through a chemical laboratory analysis, which requires confiscation and destruction of the plant. If industrial hemp were allowed, individuals suspected of illegal cannabis activities may claim that the plant is industrial hemp thus frustrating enforcement efforts, leading to an increase in illegal cannabis in the city. This would adversely affect the public health, safety, and welfare of the residents and visitors of the City of Sacramento and cause an increase in crime and other dangers.
A violation of this prohibition is subject to increased administrative penalties in recognition of the propensity for hemp to be disguised as cannabis and the high value of cannabis plants, which can be worth several thousand dollars each, and the desired punitive effect required to deter future violations. (Ord. 2021-0006 § 1)