Hemp Laws - Production and Licensing
This document provides a general overview of the legal framework governing hemp production and licensing.
Federal Regulatory LandscapeHemp, defined as Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis, was legalized at the federal level under the 2018 Farm Bill.
The USDA oversees the national regulatory framework, including the requirement for states and Indian tribes to submit plans for USDA approval or elect to operate under a federal plan.
Key Federal Requirements- Licensing: Producers must be licensed by the State, Tribe, or USDA.
- Testing: Hemp must be tested to ensure it does not exceed the 0.3% THC limit.
- Disposal: Procedures are required for the effective disposal of plants that exceed the acceptable THC level.
State-Specific Licensing Requirements
While the 2018 Farm Bill provided federal guidelines, state and tribal governments have the authority to establish their own regulations and licensing programs, provided they meet federal minimum requirements.
Interested parties should consult the specific State or Tribal plan approved by the USDA, which can often be found in the State Department of Agriculture or equivalent regulatory body.
State Program Component | Description | Responsible Agency |
|---|---|---|
License Application | Details on the required forms and fees for obtaining a producer license. | Department of Agriculture |
Background Checks | Requirements for criminal history checks on key personnel. | State Police/Law Enforcement |
Sampling and Testing Protocols | Procedures for collecting and analyzing samples for THC concentration. | State Laboratory or Approved Third-Party Labs |
Reporting Requirements | Mandated reporting of acreage, harvest dates, and disposal. |
Producers must comply with rigorous production standards to maintain compliance with both federal and state laws.
Cultivation Site RequirementsAll land used for hemp production must be clearly defined and reported to the licensing authority. The exact legal boundaries and GPS coordinates of the growing area are typically required in the license application.
Handling and ProcessingHemp may only be handled or processed by individuals and entities with the appropriate license, as determined by state or tribal law.
Interstate CommerceThe 2018 Farm Bill explicitly prohibits states from interfering with the interstate transportation of legally produced hemp. However, individual state laws can still affect the end products or where hemp is processed.