(A) Registration required. No person may operate any hemp entity or engage in any commercial hemp activity within the county unless the person has, at a minimum, complied with all applicable state, federal, and local laws and regulations pertaining to the hemp entity. All entities, except those engaged in research hemp activities (properly licensed/permitted by the State of California) shall have the duty to complete all of the following:
(1) Complete the H.E.M.P. registration with the County Agricultural Commissioner;
(2) Pay the required registration or renewal fee; and
(3) Provide the Global Positioning System coordinates of the planned cultivation site to the County Agricultural Commissioner.
(B) Prohibition. Divisions (B)(1), (B)(2) and (B)(5) shall not apply to those persons whose only cannabis activity is that of cannabis testing.
(1) No person, except as set forth in division (B)(4), below, who has obtained a cannabis
business permit under Chapter 7.02 shall be permitted to register or operate under this chapter. This prohibition shall extend as long as the cannabis business permit remains in effect.
(2) No person that has obtained a cannabis business permit from another other jurisdiction shall be allowed to register or operate under this chapter. This prohibition shall extend as long as the cannabis business permit remains in effect.
(3) No person that cultivates cannabis without a cannabis business permit shall be allowed to register or operate under this chapter.
(4) Further, no person set forth in § 7.04.003(B) may register or operate a hemp entity under this chapter.
(5) No person engaged in any "personal use" cannabis activity or commercial cannabis activity, including, but not limited to, cannabis cultivation, manufacturing, or distribution, at any location, in San Benito County or in any other jurisdiction, may conduct research hemp activity in San Benito County.
(C) Laboratories. A person that has obtained a permit for laboratory testing may register/operate a laboratory under this chapter, such that laboratory testing of both cannabis and hemp at one facility may be permitted subject to obtaining the necessary permits and registration and compliance with all laws, rules and regulations.
(D) Drying, processing, storage or manufacturing facilities. A conditional use permit in accordance with Chapter 25.43 is required for any facility to be used for the drying, processing, storage, or manufacturing of hemp. All such activities shall be conducted in facilities that shall be located outside the exclusion zone specified in § 7.04.003(C) and indoors in areas zoned AP, AR, CM, M-l, or M-2 and shall include effective measures to control odors as specified in § 19.43.080(T). Hemp registrants engaged in drying, storage, processing, or manufacturing shall also obtain a business license in accordance with Chapter 7.01.
(E) Registration requirements. A registrant shall provide all of the following information:
(1) The name, physical address, and mailing address of the applicant.
(2) The legal description, Global Positioning System coordinates, and map of the land area on which the registrant plans to engage in commercial or research hemp cultivation, storage, or both.
(3) The seed cultivar to be grown, including the state or county of origin.
(4) Pay the registration fee set forth in division (F) below.
(5) A notarized written consent signed by the record owners of the property where the cultivation is to be conducted.
(F) Fee; fee deposit. At the time of registration, each registrant shall pay the registration fee established by state law and by resolution and/or ordinance of the County Board of Supervisors, to cover all costs incurred by the county to implement, administer, and enforce the provisions of this chapter. Upon adoption of this chapter, until changed by the adoption of a resolution or ordinance modifying the fee, the fee shall be that amount established under state law (pursuant to Cal. Food and Agriculture Code § 81005 and 3 Cal. Code of Regulations § 4900 et seq.), as well as the County Agricultural Commissioner's actual costs for which a $1,000 deposit shall be provided at the time of registration.
(G) Amended registration. Any time a registered hemp entity wishes to alter the land area where hemp is cultivated, or the seed cultivar used, the following shall be required prior to implementing the change:
(1) Altered land area. Any time a registered hemp entity wishes to alter the land area on
which it conducts hemp cultivation, storage, or both, shall, before altering the area, submit to the County Agricultural Commissioner an updated legal description, Global Positioning System coordinates, and map specifying the proposed alteration. Once the County Agricultural Commissioner has received the change to the registration, the County Agricultural Commissioner shall notify the registered hemp entity that it is approved to cultivate hemp on the altered land area. Any attempt to alter the area prior to the County Agricultural Commissioner's approval shall cause the H.E.M.P. registration to be automatically revoked.
(2) Changed seed cultivar. Any time a registered hemp entity wishes to change the seed cultivar grown, it shall submit to the County Agricultural Commissioner the name of the new, approved seed cultivar to be grown. Once the County Agricultural Commissioner has received the change to the registration, the County Agricultural Commissioner shall notify the registered hemp entity that it is approved to cultivate the new seed cultivar. Any attempt to cultivate the new seed cultivar prior to the County Agricultural Commissioner's approval shall cause the H.E.M.P. registration to be automatically revoked.
(H) Transfer of H.E.M.P. registration. Registration of a hemp entity does not create an entitlement, interest of value, does not run with the land, is not transferable, and automatically terminates upon transfer of ownership. A registered hemp entity shall not transfer ownership or control of any H.E.M.P. registration to another person. Any attempt to do so shall cause the H.E.M.P. registration to be automatically revoked.
(I) Expiration. Each H.E.M.P. registration under this chapter shall only be valid for a term of 12 months. A H.E.M.P. registration may be renewed as provided in § 7.04.006.
(J) Renewal. An application for renewal of a H.E.M.P. registration shall be filed at least 60 calendar days prior to the expiration date of the current registration. The renewal registration shall contain all the required application information as set forth in division (C) of this section and the registrant shall pay a renewal fee in an amount to be set by resolution and/or ordinance by the County Board of Supervisors to cover the costs of processing the renewal registration, together with any renewal fee established under state law (pursuant to Cal. Food and Agriculture Code § 81005 and 3 Cal. Code of Regulations §§ 4900 et seq.), as well as, any costs incurred by the county to administer the H.E.M.P. created under this chapter.
(K) Denial, non-renewal, suspension, or revocation of H.E.M.P. registration. The County Agricultural Commissioner may refuse to accept a registration, including a renewal registration, for any premises upon which research or commercial hemp activity is being conducted, or is proposed to be conducted, in violation of this chapter. The acceptance of a registration pursuant to this chapter shall not be deemed or construed to be a permit for or approval of any violation of this chapter. The acceptance of a registration shall not prevent the enforcing officer from thereafter requiring correction of violations or from preventing research or commercial hemp activity being carried out thereunder when in violation of this chapter.
(Ord. 989, § 1, 2019; Ord. 1,003, §§ 3 through 7, 2020; Ord. 1,005, § 2, 2020)