Last week, the Trinity County Board of Supervisors officially adopted an ordinance establishing Chapter 8.23 of the Trinity County Code, implementing a comprehensive ban on the cultivation of industrial hemp within the County. The ordinance, which takes effect in 30 days, was passed to proactively protect the region's permitted commercial cannabis industry and local economy from the severe agricultural threats posed by cross-pollination.
Cannabis and industrial hemp are both derivatives of the same plant species, Cannabis Sativa L., making them virtually indistinguishable by physical appearance without laboratory chemical analysis. Both plants are wind-pollinated, and pollen from industrial hemp can travel for miles. If this pollen reaches licensed female commercial cannabis plants, it can cause cross-pollination that materially diminishes the crop's market value and overall viability.
Cannabis remains one of the key agricultural products driving Trinity County's economy, serving as the livelihood for hundreds of licensed local growers. While there are currently no registered industrial hemp cultivators operating in Trinity County, the Board determined that the ongoing threat of pollen drift requires a decisive, preventative measure.
"The prohibiting of industrial hemp cultivation in the county is necessary to protect the County-permitted commercial cannabis industry from pollen-drift impacts and related nuisance conditions," the ordinance states, noting that the ban is a proper use of the County's police power to protect the public health, safety, welfare, and economic resources of its residents and businesses.
Key Provisions of Chapter 8.23 Include:
Complete Prohibition: No person or entity may establish or operate an industrial hemp cultivation facility within Trinity County. Furthermore, property owners may not allow their property to be used for hemp cultivation.
Enforcement and Abatement: Any violation of this ordinance constitutes a public nuisance. Violators are subject to fines, penalties, and abatement by county enforcement officers.
Summary Abatement: In exigent circumstances where a violation constitutes an immediate and substantial threat to public health or safety, the County is authorized to summarily abate the nuisance to mitigate the threat.
Environmental Protection: The ordinance maintains the County's prohibition on hemp cultivation that has been in effect since 2019. It does not authorize any new development or land disturbance and is categorically exempt from the California Environmental Quality Act (CEQA), as it serves to protect environmental and agricultural resources.
The ordinance is consistent with the Trinity County General Plan and state laws, which permit counties to exercise local police power authority regarding hemp cultivation.
For more information regarding the ordinance, enforcement procedures, or the Trinity County Code, please contact the Trinity County Community Development Department or the County Agricultural Commissioner's Office.
Source: County of Trinity
