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Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 2014

Opinion Question Conclusion Published
13-1103 1. Was Dr. Yxstian Gutierrez unlawfully appointed to serve out the term of the incumbent city council member for Moreno Valley’s “District Four,” who resigned from office before his term expired, because Dr. Gutierrez did not reside in District Four as that district was constituted when the incumbent was elected?

2. Was Dr. Yxstian Gutierrez unlawfully appointed to the Moreno Valley City Council because the council failed to comply with the open-meeting and notice provisions of the Brown Act?
Leave to sue in quo warranto is GRANTED to determine whether Dr. Yxstian Gutierrez satisfies the residency requirements for holding the office of Moreno Valley City Council member from District Four. We make no determination regarding Relators’ Brown Act claims as it is not necessary for us to do so in order to reach a decision on the present application.

Official Citation: 97 Ops.Cal.Atty.Gen. 12
03/21/2014
13-1102 1. To what extent has federal law authorized the California Industrial Hemp Farming Act?

2. On what date did federal law authorize, and render operative, the relevant portions of the California Industrial Hemp Farming Act?

3. What limitations does federal law impose that are inconsistent with the provisions of the California Industrial Hemp Farming Act?
1. Federal law has authorized the California Industrial Hemp Act to the extent that it permits institutions of higher education and the California Department of Food and Agriculture to grow and cultivate industrial hemp, for the purposes of agricultural or academic research, in compliance with the federal definition of industrial hemp. These same entities may also conduct agricultural pilot programs to study the growth, cultivation, or marketing of industrial hemp, provided that such programs are conducted in a manner that (1) ensures that only institutions of higher education and the California Department of Food and Agriculture are used to grow or cultivate industrial hemp; (2) requires that sites used for growing or cultivating industrial hemp in California be certified by, and registered with, the California Department of Food and Agriculture; and (3) authorizes the California Department of Food and Agriculture to promulgate regulations to carry out the pilot program in accordance with the purposes of section 7606 of the federal Agricultural Act of 2014.

2. Federal law authorized, and rendered operative, the relevant portions of the California Industrial Hemp Farming Act on February 7, 2014.

3. Federal law imposes limitations that are inconsistent with the provisions of the California Industrial Hemp Farming Act in that: (1) it continues to prohibit the cultivation of industrial hemp for purposes other than agricultural or academic research; (2) it restricts those persons or entities who may cultivate industrial hemp for agricultural or academic research to the California Department of Food and Agriculture or an institution of higher education; (3) it prevents even these authorized entities from instituting an agricultural pilot program to study the growth, cultivation, or marketing of industrial hemp, unless the program is conducted in compliance with additional federal requirements set forth in section 7606(b)(1)(B) of the federal Agricultural Act of 2014; and (4) it prohibits, even for research purposes, the cultivation or possession of the parts of the plant Cannabis sativa L. that exceed a 0.3% concentration of tetrahydrocannabinol (THC). In general, provisions of the California Industrial Hemp Farming Act are inoperative to the extent that they apply or pertain to any form of industrial hemp cultivation not authorized by federal law.

Official Citation: 97 Ops.Cal.Atty.Gen. 21
06/06/2014
13-902 Proposed relator SAUGUS UNION SCHOOL DISTRICT has requested leave to sue proposed defendant STEPHEN WINKLER in quo warranto to remove him from the public office of School District Trustee on the ground that he does not reside in the District as required by law. Leave to sue is GRANTED to determine whether proposed defendant STEPHEN WINKLER meets the legal residency requirements for holding the public office of School District Trustee.

Official Citation: 97 Ops.Cal.Atty.Gen. 1
02/11/2014
12-1101 Does continuous videotaping surveillance of truck drivers during their on-the-job driving constitute a misdemeanor under Labor Code section 1051 where the video file is inspected by a third party and used as a basis for discipline by the driver’s employer? Continuous videotaping surveillance of truck drivers during their on-the-job driving does not constitute a misdemeanor under Labor Code section 1051 where the video file is inspected by a third party and used as a basis for discipline by the driver’s employer, provided that the third party is an agent of the driver’s employer who is videotaping and inspecting the file for the sole benefit of the driver’s employer, and that the file is furnished only to the driver’s employer.

Official Citation: 97 Ops.Cal.Atty.Gen. 5
02/13/2014

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  • Printed hardbound volumes of Opinions of the Attorney General of California are published by Lexis Publishing and may be read in public libraries. Opinions are also available online through Lexis dating back to 1960.


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