Please be advised that commercial cannabis activity is not permitted in the City of Carlsbad pursuant to Carlsbad Municipal Code (“CMC”) section 8.90. “Commercial cannabis activity” is defined in CMC section 8.90.020 as:
any cultivation, possession, manufacture, distribution, processing, storing,laboratory testing, packaging, labeling, transportation, distribution, delivery, orsale of cannabis requiring a license from the State under Division 10 of theCalifornia Business and Professions Code, whether or not carried on for profit andincluding medical cannabis cooperatives and collectives, except as approved by theU.S. Drug Enforcement Administration or the U.S. Food and Drug Administration.
"Cannabis" does not include industrial hemp, as defined in California Health and Safety Code section 11018.5. Additionally, industrial hemp produced in the United States is legal pursuant to the 2018 Farm Bill. However, FDA regulations (21 C.F.R. 1308.35) prohibit industrial hemp-based cannabinol ("CBD") products intended for human or animal consumption. Carlsbad’s business licensing ordinance requires compliance with all state and federal laws (CMC section 5.04.160). Therefore, the City of Carlsbad only permits commercial activity involving industrial hemp products, such as CBD products derived from industrial hemp, under the condition that products are solely for topical use (i.e., balms, creams, oils).
If any facet of your business involves industrial hemp-based CBD products, including but not limited to the manufacture, sale, distribution, delivery, transportation, processing, storing, testing, packaging or labeling of CBD products, the city reserves the right to conduct independent laboratory testing to verify that such CBD products have a THC concentration of 0.3% or less pursuant to federal law. The business entity will be responsible for reimbursing the city for the costs of such testing, including shipping costs and the cost of the product to be tested.