Federal Rescheduling: On April 22, 2026, the U.S. DOJ issued a final order immediately moving state-licensed medical marijuana from Schedule I to Schedule III of the Controlled Substances Act. A broader DEA administrative hearing to consider rescheduling of all marijuana begins June 29, 2026.
California law requires all growers and breeders of industrial hemp to register with the county agricultural commissioner in each county where they intend to cultivate before any planting begins. This registration system — administered by the CDFA under Division 24 of the California Food and Agricultural Code and Title 3 of the California Code of Regulations — is the gateway to lawful hemp cultivation in California, and it operates on fundamentally different principles than the DCC cannabis licensing system.
The registration application must be submitted to the county agricultural commissioner and include: the applicant’s name, physical address, and contact information; GPS coordinates and a legal description of each intended cultivation site; the varieties (cultivars) to be planted and the seed source; identification of all “key participants” (sole proprietors, partners, and persons with executive managerial control); and an FBI Identity History Summary (criminal history report) for each key participant. The annual registration fee is $900 per registrant per county — meaning a cultivator operating in multiple counties must submit a separate application and fee to each county’s agricultural commissioner. Once the application is reviewed and approved — a process that includes the commissioner confirming that the proposed sites comply with county zoning and any local industrial hemp ordinances — the commissioner issues a proof of registration along with a letter documenting the registered key participants, cultivation sites, and approved cultivars. The firm assists industrial hemp growers and breeders with CDFA registration throughout California — with particular experience serving cultivators in the Sacramento Valley, Mendocino County, the San Joaquin Valley, and the Central Coast, where the state’s commercial hemp production is concentrated.
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CDFA Registration Process
Step 1 — Identify the County Agricultural Commissioner
Step 2 — Prepare the Registration Application
Step 3 — Obtain FBI Identity History Summaries for All Key Participants
Step 4 — Submit Application and $900 Fee
Step 5 — County Review and Site Confirmation.
Step 6 — Annual Renewal
Key Differences from Cannabis Licensing
| Feature | Cannabis (DCC License) | Hemp (CDFA Registration) |
|---|---|---|
| Issuing agency | Department of Cannabis Control | County agricultural commissioner (CDFA oversight) |
| Application portal | CLEaR or CLS online systems | Paper application to county ag commissioner |
| Background checks | Full background check for all owners (20%+ interest) | FBI Identity History Summary for key participants |
| Investor disclosure | Financial interest holders (10%+) must be disclosed | No passive-investor disclosure requirement |
| CEQA compliance | Required for all annual licenses | Not required |
| Surety bond | $5,000 minimum per premises | Not required |
| Track-and-trace | Metrc enrollment required | Not required |
| Annual fee | Varies by license type ($1,205–$163,710) | $900 per county |
| THC testing | Post-harvest compliance testing by licensed lab | Pre-harvest sampling by county ag commissioner |
| Consequences of failed THC test | Batch remediation or destruction per DCC rules | Crop destruction within 45 days; 3 failures in 5 years = 5-year ban |
| Interstate transport | Prohibited (intrastate only) | Protected by 2018 Farm Bill |
Pre-Harvest Sampling, THC Compliance, and Crop Destruction Risk
One of the most consequential aspects of hemp registration is the pre-harvest THC sampling and testing regime. County agricultural commissioners collect samples from registered hemp fields within 30 days before the anticipated harvest, and the samples are tested for total delta-9 THC concentration. If the crop tests above the acceptable THC level, it cannot be harvested and must be destroyed in accordance with a destruction plan approved by the commissioner. A grower who accumulates three negligent violations within a five-year period — including THC test failures, failure to register before planting, and failure to provide required cultivation-site information — is banned from hemp registration for five years under Food and Agricultural Code section 81012. This crop-destruction risk has no parallel in the cannabis licensing system, where a failed compliance test results in batch-level remediation or destruction but does not jeopardize the license itself or trigger a cumulative-violation ban. Hemp growers should select cultivars with demonstrated compliance histories, monitor growing conditions that can elevate THC (heat stress, late harvest timing), and understand the commissioner’s sampling protocols to minimize the risk of a crop-destruction event.
Growers can reduce THC risk through cultivar selection, harvest timing, and growing-condition management. Cultivars with demonstrated compliance histories in California conditions should be prioritized over new or unproven varieties. Because THC levels can spike under heat stress or if harvest is delayed past optimal maturity, growers should monitor the crop in the weeks before the anticipated harvest window and communicate proactively with the county agricultural commissioner about sampling timing.
When a crop tests above the 0.3% delta-9 THC threshold, the destruction process must be carefully managed. The grower must submit a destruction plan to the county agricultural commissioner, the destruction must be completed within 45 calendar days, and documentation of the destruction must be retained. The firm advises growers on the distinction between a “negligent violation” — where the grower took reasonable precautions but the crop still exceeded the limit — and more serious violations, because this classification affects the grower’s standing in the three-strikes framework under Food and Agricultural Code section 81012. Proper documentation of cultivation practices, growing conditions, and the circumstances of the failed test is essential to supporting a negligent-violation classification.
Representative Matters
- Registered an industrial hemp cultivator across two California counties, coordinating separate applications, FBI Identity History Summaries for all key participants, GPS mapping of cultivation sites, and confirmation of local ordinance compliance with each county agricultural commissioner.
Advised a hemp seed breeder on the CDFA‘s distinct breeder registration requirements under FAC section 81004, including approved cultivar documentation and seed-source chain-of-custody recordkeeping.
Represented a hemp grower whose crop tested above the acceptable THC threshold, negotiating with the county agricultural commissioner on the destruction timeline, documenting the circumstances to support a “negligent” rather than “intentional” violation classification, and advising on corrective measures to preserve eligibility for future registration.
AB 8 — January 1, 2026 Hemp Product Prohibition (Currently in Effect)
AB 8 (Chapter 248, Statutes of 2025) enacted a prohibition — effective January 1, 2026 — on industrial hemp raw extract in foods, beverages, dietary supplements, and cosmetics unless the product meets strict purity requirements: greater than 99% purity and contains no THC or other synthetic cannabinoids. Hemp operators who manufacture or distribute ingestible hemp products must confirm their products comply with this standard now. Products that do not meet the AB 8 purity threshold are subject to CDPH enforcement action. This is separate from the 2028 DCC licensing transition also enacted by AB 8. Hemp businesses with ingestible product lines should contact counsel immediately to assess compliance with the operative 2026 standard.
Frequently Asked Questions
If the crop is industrial hemp (cannabis sativa with no more than 0.3% delta-9 THC on a dry weight basis), you register with the county agricultural commissioner under CDFA rules. If the crop is cannabis (above 0.3% THC), you need a DCC cultivation license. The regulatory systems, agencies, fees, and compliance requirements are entirely separate.
California Food and Agricultural Code section 81006 prohibits growing industrial hemp on the same premises used for cannabis cultivation under a DCC license. This is a hard prohibition with no variance or waiver process.
The crop must be destroyed within 45 days under a destruction plan approved by the county agricultural commissioner. The failed test counts as a negligent violation, and three negligent violations within five years results in a five-year ban from hemp registration.
Yes. A separate registration application and $900 fee must be submitted to the agricultural commissioner in each county where cultivation will occur.
It is a federal criminal background report required for all key participants in a hemp registration. It can be obtained through the FBI’s Identity History Summary Request process, either electronically or by mail.