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Alabama Department of Agriculture and Industries

Plant Protection 

Administrative Code

Chapter 80-10-21

Industrial Hemp

Table of Contents

80-10-21-.01 Purpose

80-10-21-.02 Definitions

80-10-21-.03 Grower License Application

80-10-21-.04 Application for Grower Licensing 

Agreement; Criteria and Procedure for Evaluation 

80-10-21-.05 Land Use Restriction for Licensed Growers

80-10-21-.06 Grower Licensing Agreements

80-10-21-.07 Licensing Fees; Participation Fee, Secondary PreHarvest Sample Fee, Post-Harvest Retest Fee

80-10-21-.08 Planting Reports for Outdoor Plantings

80-10-21-.09 Planting Reports for Indoor Plantings

80-10-21-.10 Pesticide Use

80-10-21-.11 Responsibility of a Licensed Grower Prior to 

Harvest of Hemp Plots

80-10-21-.12 Collection of Samples; THC testing; Post-Testing

Actions

80-10-21-.13 Restrictions on Sale or Transfer

80-10-21-.14 Other Prohibited Activities

80-10-21-.15 Other Required Reports

80-10-21-.16 Processor or Handler License Application

80-10-21-.17 Application for Processor or Handler Licensing; 

Criteria and Procedure for Evaluation

80-10-21-.18 Land Use Restrictions for Licensed Processors or 

Handlers

80-10-21-.19 Processor or Handler Licensing Agreements

80-10-21-.20 Processor or Handler Licensing Fee

80-10-21-.21 Collection and Retention of Cannabis Samples

80-10-21-.22 Other Prohibited Activities

80-10-21-.23 Required Reports

80-10-21-.24 Eligible Institutions of Higher Education

80-10-21-.25 Affiliation with Department Required

80-10-21-.26 Affiliation Application Form; Required Components

80-10-21-.27 Restrictions on Affiliated Projects

80-10-21-.28 Fees; sampling and THC Testing Services

80-10-21-.29 Seed Acquisition and Law Enforcement Agencies.

80-10-21-.30 Academic Research Project Summary to be Submitted 
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to the Department

80-10-21-.31 Criminal Background Check

80-10-21-.32 Mandatory Orientation Session

80-10-21-.33 Site Access for Representatives of the Department 

and Law Enforcement Section Agencies

80-10-21-.34 Site Modifications and Site Modification 

Surcharge Fees.

80-10-21-.35 Seed Acquisition from a Source in a U. S. 

Territory, Tribal Land, the State of Alabama or 

another State

80-10-21-.36 Seed Acquisition from a Source Outside the United 

States

80-10-21-.37 Seeds of Wild, Landrace, or Unknown Origin

80-10-21-.38 Information Submitted to the Department Subject 

to Open Records Act

80-10-21-.39 Immediate License Suspension

80-10-21-.40 Temporary License Suspension Procedures

80-10-21-.41 License Revocation Hearings and Consequences of 

Revocation

80-10-21-.42 Administrative Appeal from Denial of Application

80-10-21-.43 Schedule of Fees for Growers

80-10-21-.44 Schedule of Fees for Processors or Handlers

80-10-21-.45 Schedule of Fees for Eligible Institutions of 

Higher Education

80-10-21-.46 Department to Collect and Retain Information 

about Growing Locations

80-10-21-.47 Ineligibility of persons found to have 

Negligently Violated Rules Three Times in a 

 Five (5) Year Period

80-10-21-.48 Corrective Action Plans for Negligent Violations

80-10-21-.49 Mandatory Reports to State and Federal Law 

Enforcement Agencies for Violations with a 

Culpable Mental State Greater than Negligence

80-10-21-.50 Department to Submit Growing Locations and Grower 

Licensee Information to United States Secretary 

of Agriculture

80-10-21-.51 Department Testing Procedures

80-10-21-.52 Incorporation by Reference

80-10-21-.53 Disposal Procedures

80-10-21-.54 Incorporation by Reference

80-10-21-.55 Severability
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80-10-21-.01 Purpose. To authorize the Alabama Department of 

Agriculture and Industries to administer a hemp program pursuant 

to the Alabama Industrial Hemp Act, Section 2-8-380 et. seq., Code 

of Alabama 1975, and to submit a State Plan to the Secretary of 

the United States Department of Agriculture for review and approval 

pursuant to the Agricultural Improvement Act of 2018 and to

promulgate administrative regulations for a hemp program and to

authorize the department to license persons who wish to participate 

in a hemp program by growing, cultivating, handling, or processing

hemp. 

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-380, et seq.

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.02 Definitions.

 (1) “Acceptable hemp THC Level” means, for the purpose of 

compliance with the requirements of a State hemp plan under the 

USDA rules, when the application of the measurement of uncertainty 

to the reported total delta-9 tetrahydrocannabinol content 

concentration level on a dry weight basis produces a distribution 

or range that includes 0.3% or less. This definition of “acceptable 

hemp THC level” affects neither the statutory definition of hemp, 

7 U.S.C. § 16390(1), in the 2018 Farm Bill nor the definition of 

“marihuana,” 21 U.S.C. § 802(16), in the CSA.

 (1) "Applicant" means a person, or a person who is authorized to 

sign for a business entity or University, and who submits an 

application to participate in the industrial hemp program.

(2) "Cannabis": A genus of flowering plants in the family 

Cannabaceae of which Cannabis sativa is a species, and Cannabis 

indica and Cannabis ruderalis are subspecies thereof. Cannabis 

refers to any form of the plant in which the delta-9 

tetrahydrocannabinol concentration on a dry weight basis has not 

yet been determined. 

(3) "CBD" means cannabidiol.

(4) “Certified seed” means seed for which a certificate or any 

other instrument has been issued by an agency authorized under the 

laws of a state, territory, or possession to officially certify 

seed and that has standards and procedures approved by the United 

States Secretary of Agriculture to assure the genetic purity and 

identity of the seed certified.

(5) “Conviction” means any plea of guilty or nolo contendere, or 

any finding of guilt, except when the finding of guilt is 

subsequently overturned on appeal, pardoned or expunged. For 

purposes of this definition, a conviction is expunged when the 

conviction is removed from the individual’s criminal history 

record and there are no legal disabilities or restrictions 
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associated with the expunged conviction, other than the fact 

that the conviction may be used for sentencing purposes for 

subsequent convictions. In addition, where an individual is 

allowed to withdraw an original plea of guilty or nolo contendere 

and enter a plea of not guilty and the case is subsequently 

dismissed, the individual is no longer considered to have a 

conviction for purposes of this definition.

(6) “Commissioner" means the Commissioner of the Alabama 

Department of Agriculture and Industries and any employee of the 

Department of Agriculture and Industries associated with the 

Alabama Hemp regulatory program.

(7) "Corrective Action Plan” means a plan established by the 

Department for a licensed grower to correct a negligent violation 

or non-compliance with a hemp statute or administrative 

regulation.

 (8) “Culpable mental state greater than negligence” means to act 

intentionally, knowingly, willfully, recklessly or with criminal 

negligence. 

(9) "DEA" means the United States Drug Enforcement 

Administration.

(10) "Decarboxylated" means the completion of the chemical 

reaction that converts THC-acid into total delta-9-THC, the 

intoxicating component of cannabis. The decarboxylated value is 

also calculated using a conversion formula that sums delta-9-THC 

and eighty-seven and seven tenths (87.7) percent of THC-acid.

(11) "delta-9-THC" means total delta-9-tetrahydrocannabinol 

concentration (the primary intoxicating or psychoactive component 

of cannabis).

(12) "Department” means the Alabama Department of Agriculture 

and Industries.

 (13) “Dry weight basis” means the ratio of the amount of moisture 

in a sample to the amount of dry solid in a sample. It is a basis 

for expressing the percentage of a chemical in a substance after 

removing the moisture from the substance. Percentage of THC on a 

dry weight basis means the percentage of total THC, by weight, in 

a cannabis item (plant, extract, or other derivative), after 

excluding moisture from the item. 

 (14) “Entity” means a corporation, joint stock company, 

association, limited partnership, limited liability partnership, 

limited liability company, irrevocable trust, estate, charitable 

organization, or other similar organization, including any such 

organization participating in the hemp production as a partner in 

a general partnership, a participant in a joint venture, or a 

participant in a similar organization. 

 (15) “Farm Service Agency or FSA” means an agency of the United 

States Department of Agriculture.

(16) "Grower licensing agreement" means a document executed by 
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a person and the department authorizing the person to possess, 

grow, produce, handle, and store hemp at one (1) or more specified 

locations in the State under the terms established in this 

administrative regulation.

(17) "GPS" or Global Positioning System means a location 

designated through a global system of navigational satellites used 

to determine the precise ground position of a place or object.

(18) "Handle or Handling" means taking ownership, possessing or 

storing hemp for any period of time on licensed premises owned, 

operated, or controlled by a person licensed to cultivate or 

process hemp. Handling also includes possessing or storing hemp 

in a vehicle for any period of time other than during its actual 

transport from the premises of a licensed person to cultivate or 

process hemp to the premises of another licensed person.

 (19) "Hemp" or "industrial hemp" is the plant Cannabis sativa L 

and any part of that plant, including the seeds thereof and all 

derivatives, extracts, cannabinoids, isomers, acids, salts, and 

salts of isomers, whether growing or not, with a total delta-9 

tetrahydrocannabinol concentration of not more than 0.3 percent on 

a dry weight basis. Industrial Hemp shall be considered an 

agricultural crop or an agricultural commodity, or both, in all 

respects under state law. The term excludes marijuana as defined 

in subdivision (14) of Section 20-2-2 of the Code of Alabama, 1975.

(20) "Hemp product" or "industrial hemp product" is products 

derived from, or made by, processing industrial hemp plants or 

plant parts.

 (21) “Key participants” means a sole proprietor, a partner in a 

partnership, or a person with executive managerial control in a 

business entity or corporation. A person with executive managerial 

control includes persons such as a chief executive officer, chief 

operating officer and chief financial officer or similar position 

of managerial control. This definition does not include nonexecutive managers such as farm, field, or shift managers. 

(22) "Law enforcement agency" means ALEA (Alabama Law 

Enforcement Agency), or other federal, state, or local law 

enforcement agency or drug suppression unit.

(23) "Licensed grower or producer" means a person authorized in 

the State by the department to grow, produce, cultivate, handle,

and store hemp under the terms established in a grower licensing 

agreement and this administrative regulation.

(24) "Licensed processor" means a person in the State authorized 

by the department to process, handle, and store hemp under the 

terms established in a processor licensing agreement.

(25) "Location ID" means the unique identifier established by 

the applicant for each unique set of GPS coordinates where hemp 

will be grown, handled, stored, or processed, which can include a 

field name, greenhouse or building name. Under the terms of this 
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part, “Location I.D. or Lot”, is to be defined by the Licensed 

Grower or Producer in terms of farm location, field acreage, and 

variety (i.e. cultivar) and to be reported as such to FSA. 

 (26) “Measurement of Uncertainty” means the parameter associated 

with the result of a measurement that characterizes the dispersion 

of the values that could reasonably be attributed to the particular 

quantity subject to measurement.

(27) "Nonviable seed" means a seed that has been crushed, 

dehulled, or otherwise rendered to have a zero percent germination 

rate.

(28) "Person" means an individual, institution of higher 

education, business entity or entity.

(29) "Pesticide" means any substance or mixture of substances 

intended to:

(a) Prevent, destroy, control, repel, attract, or mitigate any 

pest;

(b) Be used as a plant regulator, defoliant, or desiccant; or

(c) Be used as a spray adjuvant, once they have been mixed with 

a product registered by U.S. Environmental Protection Agency.

(30) "Plot, lot or growing area” means a contiguous area in a 

field, greenhouse, or indoor growing structure containing the same 

variety or strain of hemp throughout the area.

(31) "ppm" means parts per million.

(32) "Post-harvest sample" means a sample taken from the 

harvested hemp from a particular plot’s harvest in accordance with 

the procedures as established by the department. The entire plot’s 

harvest should be in the same form (for example, intact-plant, 

flowers, etc.), homogenous, and not mixed with non-hemp materials 

or hemp from another plot.

(33) "Pre-harvest sample" means a composite, representative 

portion from plants in a hemp plot collected in accordance with 

the procedures as established by the department.

(34) "Prohibited variety" means a variety or strain of cannabis 

excluded from the department’s program.

(35) "Processing" is converting an agricultural commodity into 

a marketable form.

(36) "Processor/Handler licensing agreement" means a document 

executed by a person and the department authorizing the person to 

process, handle, and store hemp at one (1) or more specified 

locations in the State under the terms established by the 

department.

(37) "Program" means the department’s Industrial Hemp Program.

(38) "Propagule" means a plant or plant part that can be utilized 

to grow a new plant.

(39) "Secondary pre-harvest sample" means a pre-harvest sample 

that is taken:

(a) In a given plot after the first pre-harvest sample is taken; 
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and

(b) On a different day than the initial pre-harvest sample.

(40) "Seed source" means the origin of the seed or propagules as 

determined by the department.

(41) "Signing authority" means an officer or agent of the 

business entity or organization with written authorization to 

commit the legal entity to a binding agreement.

 (42) “State” means the State of Alabama.

 (43) “State Plan” means the plan submitted by the Department and 

approved by the Secretary of the U.S. Department of Agriculture 

under which the Department regulates hemp production. 

(44) "University" means a postsecondary institution, as defined 

in 20 U.S. Code 1001(a). and located in the State. 

(45) "Variety" means a subdivision of a species that is:

(a) Uniform, in the sense that the variations in essential and 

distinctive characteristics are describable;

(b) Stable, in the sense that the variety will remain unchanged 

in its essential and distinctive characteristics and its 

uniformity if reproduced or reconstituted as required by the 

different categories of varieties; and

(c) Distinct, in the sense that the variety can be differentiated 

by one (1) or more identifiable morphological, physiological, 

other characteristics from all other publicly known varieties.

(46) "Variety of concern" means any variety of hemp in the 

department’s program that tests above 3,000 ppm or 0.3000 percent 

total delta-9-THC in one (1) or more pre-harvest samples. A hemp 

variety designated as a "variety of concern" could be subject to 

restrictions and additional testing.

(47) "Volunteer cannabis plant" means any cannabis plant that:

(a) Grows of its own accord from seeds or roots in the years 

following an intentionally planted cannabis crop; and

(b) Is not intentionally planted.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §§2-8-381, 2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.03 Grower License Application.

 (1) Any person who wishes to grow hemp at any location in the

State shall submit to the department annually a completed Grower 

License Application, incorporated by reference as part of the 

Grower Licensing Application Packet.

(2) A person who does not hold a license from the department 

shall not grow, cultivate, handle, store hemp or other cannabis.

(3) A person under the age of eighteen (18) years of age shall 

not apply for or hold a grower license.

(4)(a) Completed Grower License Application forms shall be 
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postmarked or received by the department on or before the end of 

the application period established in the application.

(b) Completed Grower License Application forms shall be 

delivered to the Alabama Department of Agriculture and Industries 

as stated in the application package. 

(c) The department may deny any Grower License Application that 

fails to meet the deadline established in the application.

(5) Each applicant shall pay a grower application fee in the 

amount established by the department.

 (6) Application fees shall not cover or include the cost of the 

criminal background checks required by this administrative 

regulation. Applicants and license holders shall pay criminal 

background check fees directly to ALEA or any other law enforcement 

agency designated by the department.

(7) The department shall deny any Grower License Application 

that is received without the application fee established by these 

regulations.

(8) With the Grower License Application form, the applicant shall 

submit, at a minimum:

(a) Full name, Alabama residential address, telephone number, 

and email address.

(b) If the applicant represents a business entity, the full name 

of the business, the principal Alabama business location address, 

the full name of the applicant who will have signing authority on 

behalf of the entity, title, and email address of the person;

(c) Grow plan, including the proposed acreage or greenhouse or 

indoor square footage to be planted;

(d) Planned source of seeds or propagules;

(e) Street address; location ID; and GPS coordinates for each 

field, greenhouse, building, or site where hemp will be grown, 

handled, or stored;

(f) Maps depicting each site where hemp will be grown, handled, 

or stored, with appropriate designations for entrances, field 

boundaries, and specific locations corresponding to the GPS 

coordinates.

 (9) All licensed growers or producers shall report hemp crop 

acreage to FSA and shall provide, at minimum, the following 

information: 

 (a) Street address, and to the extent practicable, Geospatial 

Location for each lot or greenhouse where hemp will be produced. 

If an applicant operates in more than one location, or is producing 

under multiple licenses, production information shall be provided 

for each location.

 (b) Acreage dedicated to the production of hemp, or greenhouse 

or indoor square footage dedicated to the production of hemp. 

 (c) License or authorization identifier in a format prescribed 

by USDA.
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(10) Any Grower License Application that is missing required 

information shall be subject to denial.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.04 Application for Grower Licensing Agreement; Criteria 

and Procedure for Evaluation. 

 (1) The department shall apply the criteria established in 

paragraphs (a) through (m) of this subsection in evaluating an 

application for the grower license.

(a) In accordance with Section 3 of this administrative 

regulation, the applicant shall submit a complete application with 

all required components and attachments.

(b) The applicant shall comply with the responsibility to submit:

1. Hemp Grow Plan Outdoor Report and Hemp Grow Plan 

Greenhouse/Indoor Report, incorporated by reference;

2. Harvest/Destruction Form, incorporated by reference;

3. Post-Harvest Production reports, incorporated by reference; 

and

4. Any other reports deemed necessary by the department to which 

the applicant has agreed.

(c) The applicant’s growing sites, handling sites, storage 

sites, and primary residence shall be located in the State of 

Alabama.

(d) The applicant shall affirm that the applicant resides in

Alabama at the primary residence or within 50 miles of at least 

one of the applicant’s Alabama grow sites listed on the Grower 

License Application form.

(e) The criminal background check report indicates that, within 

ten (10) years from the date when the background check was issued, 

the applicant or any key participant shall not have:

1. A felony conviction related to a controlled substance under 

State or Federal law; provided however, that an exception applies 

to a person who was lawfully growing Hemp under the 2014 Farm Bill 

before December 20, 2018, and whose conviction also occurred before 

that date. If the applicant is an entity, all Key Participants of

the entity are subject to this requirement. 

2. Any other felony or misdemeanor conviction which affects the 

grower’s competency to hold a license to grow, handle or process 

hemp.

(g) The research or grow plan shall be compliant with state and 

federal law.

(h) The applicant shall have a seed or propagule acquisition 
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form.

(i) In the past, including those times when the applicant was 

not a participant in the department’s program, the applicant shall 

have demonstrated a willingness to comply with the department’s 

rules, instructions from department staff, and instructions from 

representatives of ALEA and other law enforcement agencies.

(j) The applicant shall not be delinquent in making any required 

reports or payments to the department in connection with the 

applicant’s participation in the program or other programs within 

the department.

(k) The applicant shall not have any unpaid fines or civil 

penalties owed to the department.

(l) The applicant shall not make any false statements or 

representations to a representative of the department or a law 

enforcement agency.

(2) The department may conditionally approve an application for 

a grower licensing agreement if the application satisfies the 

criteria established in this administrative regulation.

(3) The department may approve an applicant to grow an acreage 

or square footage that is equal to, greater than, or less than the 

acreage or square footage stated in the application.

(4) The department shall notify applicants by letter or email 

whether the application has been denied or conditionally approved. 

A person shall not be a participant in the department’s program 

until the applicant and the department have executed a grower 

licensing agreement following the applicant’s completion of the 

department’s mandatory orientation session as required by this 

administrative regulation.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.05 Land Use Restrictions for Licensed Growers.

 (1) A licensed grower shall not plant or grow any cannabis that 

is not hemp.

(2) A licensed grower shall not plant or grow hemp or other 

cannabis on any site not listed in the grower licensing agreement.

(3) A licensed grower shall not grow hemp or other cannabis in 

any structure that is used for residential purposes.

(4) A licensed grower shall not handle or store leaf or floral 

material from hemp or other cannabis in any structure that is used 

for residential purposes.

(5) Hemp shall be physically segregated from other crops unless 

prior approval is obtained in writing from the department.

(6) A licensed grower shall not plant hemp or other cannabis 

plants in an outdoor growing location of less than one acre and 
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1,000 plants unless prior approval is received in writing from the 

department.

(7) A licensed grower shall not grow hemp or other cannabis in 

any outdoor field or site that is located within 1,000 feet of a 

school or a public recreational area or any location that would 

cause concern to the public interest without prior approval from 

the department.

(8) An applicant or licensed grower shall not include any 

property on his or her application or Site Modification Form to 

grow or cultivate hemp that is not owned or completely controlled 

by the applicant or licensed grower.

(9) A licensed grower shall not grow, handle, or store hemp or 

other cannabis on property owned by, leased from, or previously 

submitted in a license application by any person who is ineligible 

or was terminated, or denied admission to the program for one (1) 

or both of the following reasons:

(a) Failure to obtain an acceptable criminal background check;

or

(b) Failure to comply with an order from a representative of the 

department.

 (10) A licensed grower shall not plant hemp or other cannabis 

plants in an indoor growing location of less than 1500 square feet 

and 500 plants unless prior approval is received in writing from 

the department.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.06 Grower Licensing Agreements.

 (1) An applicant shall not be a participant in the department’s 

program until the conditionally approved applicant and the 

department have executed a grower licensing agreement following 

the applicant’s completion of the department’s mandatory 

orientation session. Each licensed grower or producer shall be 

assigned a department license number in the form prescribed by 

USDA.

(2) The grower licensing agreement shall establish additional 

terms and conditions governing participation in the department’s 

program.

(3) The terms and conditions established in the grower licensing 

agreement shall include, at a minimum, the following requirements 

for licensed growers:

(a) Acknowledge that licensed growers shall act as agents of the 

department and shall comply with instructions from representatives 

of the department and law enforcement agencies;
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(b) Agree to pay a licensing fee in the amount established by 

these administrative rules;

(c) Consent to entry onto, and inspection of, all premises where 

hemp or other cannabis plants or materials are located, or licensed 

to be located, by representatives of the Department and law 

enforcement agencies, with or without cause, with or without 

advance notice;

(d) Consent to forfeiture and destruction, without compensation, 

of:

1. Material found to have a measured total delta-9-THC content 

in excess of zero and three-tenths (0.3) percent on a dry weight 

basis;

2. Plants located in an area that is not licensed by the 

department; and

 3. Plants not accounted for in required reporting to the 

department;

(e) Agree to apply for registration of all growing, handling, 

and storage locations, including GPS coordinates, and receive 

department approval for those locations prior to having hemp on 

those premises;

(f) Acknowledge that licensed growers shall submit a Site 

Modification Request Forms, the appropriate fees based on the 

requested changes, and obtain prior written approval from a

representative of the department before implementing any change to 

the licensed sites stated in the grower licensing agreement, and 

that growing site changes shall be subject to a site modification 

surcharge in the amount established in these administrative rules

for a new set of GPS coordinates;

(g) Acknowledge that hemp shall not be grown, handled, or stored 

in any location other than the location listed in the grower 

licensing agreement;

(h) Agree not to interplant hemp with any other crop without 

express written permission from the department;

(i) Acknowledge that anyone applying pesticides to hemp shall 

apply pesticides in accordance with this administrative 

regulation;

(j) Acknowledge that licensed growers shall comply with 

restrictions established by the department limiting the movement 

of hemp plants and plant parts;

(k) Acknowledge that the risk of financial or other loss shall 

be borne solely by the licensed grower;

(l) Agree that any time hemp is in transit, a copy of the grower 

licensing agreement shall be available for inspection upon the 

request of a representative of the department or a law enforcement 

agency;

(m) Agree that, upon request from a representative of the 

department or a law enforcement agency, a licensed grower shall 
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immediately produce a copy of his or her grower licensing agreement 

for inspection;

(n) Agree to submit Hemp Grow Plan Reports, Harvest/Destruction 

Form, Post-Harvest Reports and Production Reports, and any other 

reports required by the department or USDA, to which the grower 

has agreed, on or before the deadlines established in this 

administrative regulation;

(o) Agree to scout and monitor unregistered fields for volunteer 

cannabis plants and to destroy those volunteer cannabis plants for 

three (3) years past the last date of planting reported to the 

department;

(p) Agree not to employ or rent land to cultivate hemp from any 

person who was terminated or denied admission to the program for 

one (1) or both of the following reasons:

1. Failure to obtain an acceptable criminal background check; or

2. Failure to comply with an order from a representative of the 

department;

(q) Agree that land used for the cultivation or storage of hemp 

shall not be owned by or leased from any person who was terminated, 

or denied admission to the program for one (1) or both of the 

following reasons:

1. Failure to obtain an acceptable criminal background check; or

2. Failure to comply with an order from a representative of the 

department;

(r) Agree to notify the department of any interaction with law 

enforcement immediately by phone and follow-up in writing within 

three (3) calendar days of the occurrence; and

(s) Agree to notify the department of any theft of cannabis 

materials, whether growing or not.

 (t) Agree that the department, law enforcement or other 

authorized entities may conduct annual inspections of licensed 

growers, at random, to verify that hemp is not being produced in 

violation of these rules or state or federal laws and regulations. 

(4) Failure to agree or comply with terms and conditions 

established in the grower licensing agreement or this 

administrative regulation shall constitute grounds for appropriate 

departmental action, up to and including termination of the grower 

licensing agreement and expulsion from the department’s program.

(5) A person who has been expelled from the program shall not be 

eligible to reapply to the program for a period of five (5) years 

from the date of expulsion.

(6) Failure to agree and sign the grower licensing agreement 

shall terminate conditional approval and a licensing agreement 

shall not be executed.

 (7) The department may deny or revoke any license for good cause 

shown.

Author: N. Gunter Guy, Jr. 
14

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.07 Licensing Fees; Participation Fee, Secondary PreHarvest Sample Fee, Post-Harvest Retest Fee.

(1) Participation fee.

(a) The licensed grower shall pay a participation fee.

(b) The participation fee for each growing address shall be in 

the amount established in these regulations.

(c) Participation fees shall be paid in full prior to the 

execution of the grower licensing agreement in a manner prescribed 

by the Alabama Department of Agriculture and Industries.

(2) Secondary Pre-Harvest Sample fee.

(a) If a licensed grower fails to complete the harvest within 

thirty (30) days after the department collects the pre-harvest 

sample, the licensed grower shall submit a new Harvest/Destruction 

Form for each additional pre-harvest sample. 

 (b) After the initial pre-harvest sample from each grow area or 

lot, the licensed grower will be required to pay a secondary preharvest sample fee for each additional sample taken.

(c) Each secondary pre-harvest sample fee shall be paid to the 

department within thirty (30) days of invoice or notification by 

the department. The secondary pre-harvest sample fee shall be as 

established in these regulations.

(d) If the licensed grower fails to pay the secondary pre-harvest 

sample fee within thirty (30) days of invoice or notification, the 

lack of payment shall be considered a violation of the grower 

licensing agreement.

(e) The licensed grower shall not harvest the remaining crop 

until the department collects a secondary pre-harvest sample if 

one is required as established in paragraph (a) or (b) of this 

subsection.

(3) Post-harvest retest fee.

(a) The department shall order post-harvest THC testing of a 

plot if the results of an initial THC test on the pre-harvest 

sample indicate a total delta-9-THC concentration in the preharvest sample in excess of what is permitted by the department.

(b) A licensed grower shall pay the post-harvest retest fee if 

post-harvest testing is ordered by a representative of the 

department.

(c) The post-harvest retest fee shall be as established in these 

regulations.

(d) The fee shall be paid prior to the department collecting the 

post-harvest sample.

(e) If a licensed grower fails to request a retest or to pay a 

post-harvest retest fee within fourteen (14) days of notification 
15

of pre-harvest results on a harvest from the department, then the 

pre-harvest sample or secondary pre-harvest test result shall 

stand, and the department shall destroy or seize, without 

compensation, all hemp or other cannabis from the plot.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.08 Planting Reports for Outdoor Plantings.

 (1) A licensed grower shall submit to the department a complete 

and current Hemp Grow Plan Report, within fourteen (14) days after 

every planting, including replanting, of seeds or propagules in an 

outdoor location.

(2) Each Grow Plan Report shall identify the:

(a) Correct variety name as designated upon approval of the 

acquisition request or as approved by the department;

(b) Field location ID as listed in the grower licensing 

agreement; and

(c) Primary intended use of the harvest for each planting.

(3) A licensed grower who does not plant hemp in an approved 

outdoor site listed in the grower license agreement shall submit 

a Grow Plan Report, on or before July 31, stating that hemp has 

not and shall not be planted at that site.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.09 Planting Reports for Indoor Plantings.

 (1) A licensed grower shall submit to the department a complete 

and current Hemp Grow Plan Report within fourteen (14) days after 

establishing plants at an indoor location.

 (2) Each Grow Plan Report shall identify the:

(a) Correct hemp variety name as designated in the Domestic 

Seed/Propagule Request form or International Seed Request form and 

approved by the department;

(b) Greenhouse or indoor growing location ID as listed in the 

grower licensing agreement; and

(c) Primary intended use for the harvest of each planting.

 (3) In addition to the initial Grow Plan Report, a licensed 

grower with an approved greenhouse or indoor growing site shall 

submit quarterly reports for each location ID to the department. 

Grow Plan Reports shall be due no later than March 31, June 30, 

September 30, and December 31.
16

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.10 Pesticide Use.

 (1) A licensed grower shall only apply pesticide products 

registered and approved for use on Hemp by EPA and in accordance 

with all state and federal laws.

 (2) A licensed grower shall not use any pesticide in violation 

of the product label.

 (3) A licensed grower who uses a pesticide on a site where hemp 

will be planted shall comply with the longest of any planting 

restriction interval on the product label prior to planting the 

hemp.

 (4) The department may perform pesticide testing on a random 

basis or if representatives of the Department have reason to 

believe that a pesticide may have been applied to hemp in violation 

of the product label.

 (5) Hemp seeds, plants, and materials bearing pesticide residue 

in violation of the label shall be subject to forfeiture or 

destruction without compensation.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.11 Responsibility of a Licensed Grower Prior to Harvest 

of Hemp Plots.

 (1) The department may collect samples of any hemp material prior 

to harvest at any time.

(2) A licensed grower shall submit a complete and current 

Harvest/Destruction form to the department within fourteen (14)

calendar days prior to the intended harvest date or intended 

destruction of a failed crop.

(3) The department’s receipt of a Harvest/Destruction form shall 

trigger a sample collection by the department.

(4) During the department’s scheduled sample collection, the 

grower or an authorized representative shall be present at the 

growing site.

(5) Representatives of the department shall be provided with 

complete and unrestricted access to all hemp and other cannabis 

plants, whether growing or harvested, and all land, buildings, and 

other structures used for the cultivation, handling, and storage 

of all hemp and other cannabis plants; and all locations listed in 

the grower licensing agreement.

(6) The licensed grower shall harvest the crop within thirty 
17

(30) days following the date of sample collection by the 

department, unless specifically authorized in writing by the 

department.

(7) If the licensed grower fails to complete harvest within 

thirty (30)days, the department may order a secondary pre-harvest 

sample of the plot, and the licensed grower shall be assessed a 

secondary pre-harvest sample fee per plot in the amount established 

in these regulations prior to the department collecting the sample.

(8) Harvested materials of different varieties shall not be

commingled with other harvested varieties without the release 

movement form from the department.

(9) Floral materials harvested for phytocannabinoid extraction 

shall not be moved outside the State or beyond a processor, nor 

commingled, nor extracted, until the department releases the 

material in writing.

(10) A licensed grower who fails to submit a Harvest/Destruction 

Form, or who does submit a Harvest/Destruction Form, and proceeds 

to harvest a crop prior to a sample being collected by the 

department shall be subject to license revocation.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.12 Collection of Samples; THC Testing; Post-Testing 

Actions.

(1) The hemp to be selected for sampling shall be determined by 

a representative of the department.

(2) The department shall collect and retain samples from each

plot in accordance with the procedures established by the 

department.

(3) The department shall receive, prepare, and release hemp 

samples in accordance with the procedures established by the 

department.

(4) The department shall measure total delta-9-THC concentration 

of each hemp sample in accordance with the procedures established 

by the department.

(5) The department shall undertake post-testing actions in 

accordance with the procedures established by the department.

 (6) The method used for sampling from the flower material of the 

cannabis plant must be sufficient at a confidence level of 95 

percent that no more than one percent (1%) of the plants in the 

lot would exceed the federally defined THC level for hemp. The 

method used for sampling must ensure that a representative sample 

is collected that represents a homogeneous composition of the lot. 

(7) All samples shall become the property of the department and 

shall not be returnable. Compensation shall not be owed by the 
18

department.

(8) If the department is not able to provide THC testing services 

required by these regulations, the department may identify and 

contract with a third-party lab to perform THC testing services.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.13 Restrictions on Sale or Transfer.

(1) A licensed grower selling or transferring, or permitting the 

sale or transfer, of floral or plant extracts (including CBD), 

shall retain testing data or results for at least three (3) years 

demonstrating that the extract’s total delta-9-THC level is not 

more than zero and three-tenths (0.3) percent.

(2) A licensed grower may transfer up to one (1) pound of hemp 

per transfer to testing laboratories, both within and outside the 

State, for the purpose of measuring THC, CBD, or other 

phytocannabinoid profile levels. The licensed grower shall ensure 

compliance with laws in other states.

(3) Licensed growers shall comply with the federal Food Drug and 

Cosmetic Act, 21 U.S.C. Chapter 9, and all other applicable local, 

state, and federal laws and regulations relating to product 

development, product manufacturing, consumer safety, and public 

health.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.14 Other Prohibited Activities.

 (1) A licensed grower shall not plant or grow hemp on any site 

not listed in the grower licensing agreement.

(2) A licensed grower shall not allow unsupervised public access 

to hemp plots, including activities such as a hemp maze.

(3) A person shall not ship or transport, or allow to be shipped 

or transported, live hemp plants, cuttings for planting, or viable 

seeds from a variety that is currently designated by the department 

as a prohibited variety or variety of concern to any location 

outside the State.

(4) A person shall not ship or transport, or allow to be shipped 

or transported, any hemp product with a total delta-9-THC 

concentration in excess of zero and three-tenths (0.3) percent.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 
19

80-10-21-.15 Other Required Reports.

 (1) A licensed grower shall submit a completed Grower Post 

Harvest Production Report annually, any report required by this 

regulation and any report required by USDA and/or FSA, in the form 

and manner prescribed or stated.

 (2) For at least three (3) years, license holders shall maintain 

and make available for inspection by the department during 

reasonable business hours: 

(a) Records regarding acquisition of hemp plants;

(b) Records regarding production and handling of hemp plants;

(c) Records regarding storage of hemp plants; and 

(d) Records regarding disposal of all cannabis plants that do not 

meet the definition of hemp.

(3) A licensed grower’s failure to submit an accurate and 

complete report that is required by the department before the 

deadline established by the department shall constitute grounds 

for the department to terminate the grower licensing agreement and 

deny future applications for licensure.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.16 Processor or Handler License Application.

 (1) Any person who wishes to engage in the processing, handling, 

or storing of hemp at any location in the State shall submit to 

the department annually a complete Processor/Handler License 

Application, incorporated by reference as part of the 

Processor/Handler License Application Packet.

(2) Any person who does not hold a license from the department 

shall not grow, cultivate, handle, store or process hemp or other 

cannabis.

(3) A person under the age of eighteen (18) years of age shall 

not apply for or hold a processor or handler license.

(4)(a) Completed Processor/Handler License Application forms 

shall be postmarked or received by the department on or before the 

end of the application period established in the application.

(b) Completed Processor/Handler License Application forms shall 

be delivered to the Alabama Department of Agriculture and 

Industries, as stated in the application package.

(c) The department may deny any Processor/Handler License 

Application that is not received by the deadline established in 

the application.

(5) The department shall require each applicant to pay a 

processor or handler application fee in the amount established in 

by these regulations.
20

(6) Application fees shall not cover or include the cost of 

criminal background checks required by this regulation. Applicants 

and license holders shall pay criminal background check fees 

directly to ALEA or any other law enforcement agency designated by 

the department.

(7) The department may deny any Processor/Handler License 

Application that is received without the application fee 

established by the department.

(8) With the Processor/Handler License Application form, the 

applicant shall submit, at a minimum:

(a) Full name, mailing address, telephone number, and email 

address;

(b) If the applicant represents a business entity, the full name 

of the business, the principal Alabama business location address, 

the full name of the applicant who will have signing authority on 

behalf of the entity, title, and email address of the person;

(c) Processing or handling plan;

(d) Planned source of hemp; and

(e) Maps and the street address, location ID, and GPS coordinates 

for each building or site where hemp will be processed, handled, 

or stored.

(9) Any Processor/Handler License Application that is missing 

required information shall be grounds for license denial.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.17 Application for Processor or Handler Licensing; 

Criteria and Procedure for Evaluation.

 (1) The department shall apply the criteria established in 

paragraphs (a) through (n) of this subsection in evaluating 

applications for a processor or handler licensing agreement:

(a) In accordance with this administrative regulation, the 

applicant shall submit a complete application with all required 

components and attachments.

(b) An applicant who has been a program participant previously, 

the applicant shall comply with the responsibility to submit any 

reports required by these regulations.

(c) All involved business entities shall be registered and in 

good standing with the Alabama Secretary of State.

(d) The applicant’s processing sites, handling sites, and 

storage sites, shall be located in the State of Alabama.

(e) The criminal background check report indicates that, within 

ten (10) years from the date when the background check was issued, 

the applicant shall not have:
21

1. A felony conviction relating to a controlled substance under 

State or Federal law; provided however, that an exception applies 

to a person who was lawfully growing Hemp under the 2014 Farm Bill 

before December 20, 2018, and whose conviction also occurred before 

that date. If the applicant is an entity, all Key Participants of 

the entity are subject to this requirement. 

2. Any other felony or misdemeanor conviction which affects the 

grower’s competency to hold a license to grow, handle or process 

hemp.

(f) The processing or handling plan shall be compliant with state 

and federal law.

(g) The applicant’s planned activities shall remain compliant 

with state law and the department policy.

(h) The applicant shall have a hemp acquisition plan.

(i) The applicant shall have a hemp grow plan that is compliant 

with state and federal law.

(j) The applicant shall have adequate facilities, or plans to 

acquire adequate facilities sufficiently soon enough, to comply 

with the issuance of a license.

(k) In the past, including those times when the applicant was 

not a participant in the department’s program, the applicant shall 

have demonstrated a willingness to comply with the department’s 

rules, instructions from department staff, and instructions from 

representatives of ALEA and other law enforcement agencies.

(l) The applicant shall not be delinquent in making any required 

reports or payments to the department in connection with the 

applicant’s participation in the program or other programs within 

the department.

(m) The applicant shall not have any unpaid fines or civil 

penalties owed to the department.

(n) The applicant shall not have made and shall not make any 

false statements or representations to a representative of the 

department or a law enforcement agency.

(2) The department may conditionally approve an application for 

a processor or handler licensing agreement if the application 

satisfies the criteria established in this administrative 

regulation.

(3) The department shall notify applicants whether the 

application has been denied or conditionally approved. A person 

shall not be a participant in the department’s program until the 

applicant and the department have executed a processor or handler 

licensing agreement following the applicant’s completion of the 

department’s mandatory orientation session.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 
22

80-10-21-.18 Land Use Restrictions for Licensed Processors or 

Handlers. 

 (1) A licensed processor or handler shall not process or store 

leaf or floral material from hemp or other cannabis in any 

structure that is used for residential purposes.

(2) A licensed processor or handler shall not process hemp or 

other cannabis in a site that is located within 1,000 feet of a 

school or a public recreational area without prior approval of the 

department.

(3) A licensed processor or handler shall not apply to process, 

handle, or store hemp on any property that is not owned or 

completely controlled by the applicant or licensed processor.

(4) A licensed processor or handler shall not process, handle, 

or store hemp on property owned by, leased from, or previously 

submitted in an application by any person who is ineligible or was 

terminated or denied admission to the program for one (1) or both 

of the following reasons:

(a) Failure to obtain an acceptable criminal background check, 

or

(b) Failure to comply with an order from a representative of the 

department.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.19 Processor or Handler Licensing Agreements.

(1) An applicant shall not be a participant in the department’s 

program until the conditionally approved applicant and the 

department have executed a processor or handler licensing 

agreement following the applicant’s completion of the 

department’s mandatory orientation session. Each licensed 

processor or handler shall be assigned a department license 

number in the form prescribed by ADAI.

(2) The processor or handler licensing agreement shall establish 

additional terms and conditions governing participation in the 

department’s program.

(3) The terms and conditions established in the processor or 

handler licensing agreement shall include, at a minimum, the 

following requirements for licensed processor or handler:

(a) Acknowledge that licensed processors or handlers are acting 

as agents of the department and shall comply with instructions 

from representatives of the department and law enforcement 

agencies;

(b) Agree to pay a licensing fee in the amount established in 

these administrative rules;
23

(c) Consent to entry onto, and inspection of, all premises where 

hemp or other cannabis materials are located, or licensed to be 

located, by representatives of the department and law enforcement 

agencies, with or without cause, with or without advance notice;

(d) Consent to forfeiture and destruction, without compensation, 

of:

1. Material found to have a measured total delta-9-THC content 

in excess of zero and three-tenths (0.3) percent on a dry weight 

basis;

2. Material located in an area that is not licensed by the 

department; or

3. Material not properly accounted for in required reporting to 

the department;

(e) Acknowledge that no hemp shall be processed, handled, or 

stored in any location other than the location listed in the 

processor or handler licensing agreement;

(f) Acknowledge that licensed processors or handlers shall 

comply with restrictions established by the department limiting 

the movement of hemp plants and plant parts;

(g) Acknowledge that the risk of financial or other loss shall 

be borne solely by the licensed processor or handler;

(h) Agree that any time the hemp is in transit, a copy of the 

processor or handler licensing agreement shall be available for 

inspection upon the request of a representative of the department 

or a law enforcement agency;

(i) Agree to immediately produce a copy of the processor or 

handler licensing agreement for inspection upon request from a 

representative of the department or a law enforcement agency;

(j) Agree to submit reports required by the department or USDA

on or before the deadlines established by the department;

(k) Agree to notify the department of any interaction with law 

enforcement immediately by phone and follow-up in writing within 

three (3) calendar days of the occurrence; and

(l) Agree to notify the department of any theft of hemp 

materials.

(4) Failure to agree or comply with terms and conditions 

established in the processor or handler licensing agreement or 

this administrative regulation shall constitute grounds for 

appropriate departmental action, up to and including termination 

of the license and expulsion from the department’s program.

(5) A person who has been expelled from the program is not 

eligible to reapply to the program for a period of five (5) years 

from the date of expulsion.

(6) Failure to agree and sign the processor or handler licensing 

agreement shall terminate conditional approval and no licensing 

agreement shall be executed.

(7) A licensed processor or handler shall:
24

(a) Submit to the department an annual criminal background check 

for the signing authority of record;

(b) Complete a mandatory, annual program orientation session 

hosted by the department;

(c) Pay annual fees in the amount established in these 

regulations;

(d) Update all registered addresses, location IDs, and GPS 

coordinates with the department; and

(e) Agree to comply with the department’s program policies as 

established in these regulations.

 (8) The department may deny or revoke any license for good cause 

shown.

Author: N. Gunter Guy, Jr. 

Statutory Authority: Code of Ala.1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.20 Processor or Handler Licensing Fee.

 (1) The licensed processor or handler fee for processing one (1) 

or more fiber harvests shall be the amount established in these 

regulations.

(2) The licensing fee for processing one (1) or more grain 

harvests shall be the amount established in these regulations.

(3) The Licensing fee for processing floral material (for 

example, CBD) shall be the amount established in these regulations.

(4) A licensed processor or handler that processes more than one 

(1) crop type (for example, fiber, grain, and CBD) shall pay the 

licensing fee in the amount established in these regulations.

(5) A handler that does not engage in processing (for example, 

a seed cleaner, or laboratory) shall be subject to a licensing fee 

in the amount established in these regulations.

(6) The licensed processor or handler fee shall be paid annually 

in full prior to the execution of the processor or handler 

licensing agreement in a manner prescribed by the Alabama

Department of Agriculture and Industries.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.21 Collection and Retention of Cannabis Samples.

 (1) The department shall have the authority to collect and retain 

samples of hemp or other cannabis, and products derived from all 

hemp or cannabis in the possession of a licensed processor or 

handler.

(2) All samples collected by the department shall become the 

property of the department and shall be nonreturnable. 
25

Compensation shall not be owed by the department.

(3) The material to be collected for sampling shall be determined 

by the department inspector.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.22 Other Prohibited Activities.

 (1) A licensed processor or handler shall not process or store 

hemp on any site not listed in the processor or handler licensing 

agreement.

(2) A person shall not ship or transport, or allow to be shipped 

or transported, live hemp plants, cuttings for planting, or viable 

seeds from a variety that is currently designated by the department 

as a prohibited variety or variety of concern to any location 

outside the State of Alabama.

(3) A person shall not ship or transport, or allow to be shipped 

or transported, any hemp product with a total delta-9-THC 

concentration in excess of zero and three-tenths (0.3) percent.

(4) A licensed processor of handler shall not possess live hemp 

or other cannabis plants without a grower licensing agreement.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.23 Required Reports.

(1) A licensed processor or handler shall submit a completed 

Production Report annually, any report required by this 

regulation, and any report required by USDA or FSA, in the manner 

and form stated.

(2) For at least three (3) years, license holders shall maintain 

and make available for inspection by the department during 

reasonable business hours:

(a) Records regarding acquisition of hemp plants;

(b) Records regarding production and handling of hemp plants;

(c) Records regarding storage of hemp plants; and 

(d) Records regarding disposal of all cannabis plants that do not 

meet the definition of hemp.

(3) A licensed processor or handler’s failure to submit an 

accurate and complete report that is required by these

administrative regulations on or before the deadline established 

by the department shall constitute grounds for the department to 

terminate the processor or handler licensing agreement and deny 

future applications for licensure.

Author: N. Gunter Guy, Jr.
26

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.24 Eligible Institutions of Higher Education.

 (1) To be eligible to affiliate with the department’s program, 

an institution of higher education shall:

(a) Be accredited by, and in good standing with, a regional or 

national higher education accreditation agency;

(b) Confer academic degrees at the associate, bachelor, master, 

or doctoral level; and

(c) Have a principal campus or office that is located at a site 

within the State of Alabama.

(2) An institution of higher education shall not conduct hemp 

research under the authority of the department’s program at a 

campus or other site that is located outside the State of Alabama.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.25 Affiliation with Department Required.

 (1) An authorized representative of an eligible institution of 

higher education with faculty, administration, or staff members 

who wish to conduct academic research projects involving hemp under 

the auspices of the department’s program shall complete and submit 

a University/College Affiliation Application, incorporated by 

reference as part of the University/College Affiliation 

Application Packet, annually.

(2) An institution of higher education shall not authorize its 

faculty, administration, or staff members, or any sponsored 

student, to conduct academic research involving hemp without first 

completing and submitting a University/College Affiliation 

Application.

(3) The department shall accept annual University/College 

Affiliation Applications at any time during a program year.

(4) Upon request from the department, a letter from a faculty 

department chair or other appropriate academic authority shall be 

submitted in support of a University/College Affiliation 

Application.

(5) Following receipt of a University/College Affiliation 

Application form from an authorized representative of an eligible 

institution of higher education, the department shall issue a

university or college affiliation confirmation letter to grow, 

cultivate, and process hemp in accordance with:

(a) The institution’s research plan;

(b) State and federal law; and
27

(c) This administrative regulation.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.26 Affiliation Application Form; Required Components. 

 (1) A university/college affiliation application form shall 

contain, at a minimum, the full name of each person authorized by 

the institute of higher education who shall be responsible for 

overseeing the academic research project;

(2) The full name of each person who will be involved in growing, 

processing, storing or handling hemp;

(3) An academic research plan summary;

(4) The full name of the landowner, street address and GPS 

coordinates for each field, greenhouse, building, or site where 

hemp will be grown, handled, processed, or stored; and

(5) Maps depicting each site where hemp will be grown, handled, 

processed, or stored, with appropriate designations for entrances, 

field boundaries, and specific locations corresponding to GPS 

coordinates.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.27 Restrictions on Affiliated Projects.

 (1) An institution of higher education with a project affiliated 

with the department’s program shall not involve any person who is 

ineligible or was terminated, or denied admission to the program 

for one (1) or both of the following reasons:

(a) Failure to obtain an acceptable criminal background check; 

or

(b) Failure to comply with an order from a representative of the 

department.

(2) An institution of higher education with a project affiliated 

with the department’s program shall not grow, handle, process, or 

store hemp on property owned by or leased from any person who is 

ineligible or was terminated, or denied admission to the program 

for one (1) or both of the following reasons:

(a) Failure to obtain an acceptable criminal background check; 

or

(b) Failure to comply with an order from a representative of the 

department.

 (3) Hemp that is produced for research shall not enter the stream 

of commerce and a plan must include disposal procedures. 
28

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.28 Fees; Sampling and THC Testing Services. 

 (1) The department shall assess fees on affiliated institutions 

of higher education as established in these regulations.

(2) If a representative of an affiliated institution of higher 

education requests assistance from the department in collecting 

samples from hemp plants or testing the THC concentration, then 

the department shall collect a nonrefundable service charge in an 

amount sufficient to pay for staff time and other expenses incurred 

in visiting the site, collecting the samples, and testing the 

samples.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.29 Seed Acquisition.

 (1) An institution of higher education shall not acquire hemp 

seeds or propagules from a source outside the State of Alabama 

except as established in subsection (2) of this section.

(2) A representative of an affiliated institution of higher 

education shall obtain hemp seeds or propagules from a source 

outside the State by submitting a Seed/Propagule Request form and 

obtaining written approval from a representative of the 

department.

(3) A person submitting a Seed/Propagule Request form shall 

submit to the department documentation showing that the mature 

plants grown from that seed or propagule variety have a floral 

material decarboxylated delta-9 THC content of not more than 3,000 

ppm on a dry weight basis.

(4) Upon request from a representative of the department, a 

representative of an affiliated institution of higher education 

shall provide a distribution list showing the locations where and 

to whom the hemp seeds were distributed.

(6) A Seed/Propagule Request shall be required for the 

acquisition of seeds or propagules from a source inside the State.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.30 Academic Research Project Summary to be Submitted to 
29

the Department.

 Following the completion of an academic research project 

conducted under the auspices of the department’s program, the 

person responsible for overseeing the research project shall 

submit to the department a summary of the research’s objectives 

and findings. The results of research that is proprietary in nature 

need not be reported to the department.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.31 Criminal Background Check.

 (1) Each licensed grower, processor, handler, university 

representative or applicant shall undergo and pay for an annual 

criminal background check.

(2) A licensed grower, processor, handler or applicant shall, 

following completion of the background check, ensure delivery of 

the report to the department according to application 

instructions.

(3) The department shall not accept a report from a criminal 

background check that is dated more than 60 days prior to the 

application submission date. 

 (4) Failure to submit the background check by the deadline stated 

in subsection (2) of this section shall be grounds for license 

denial.

(5) Substitution of a signing authority shall require approval 

from the department and the submission of a current criminal 

background check on the signing authority.

 (6) A license shall not be issued unless the criminal background 

check submitted with the license application confirms that all key 

participants to be covered by the license have not been convicted 

of a felony, under State or Federal law, relating to a controlled 

substance with the past ten (10) years; provided however, that an 

exception applies to a person who was lawfully growing Hemp under 

the 2014 Farm Bill before December 20, 2018, and whose conviction 

also occurred before that date. If the licensee is an entity, all 

Key Participants of the entity are subject to this requirement. 

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.32 Mandatory Orientation Session.

 (1) Conditionally approved applicants shall complete a 

mandatory orientation session as required by the department 

 (2) The department may require in-person attendance or other 
30

method.

(3) The department may not allow any person to attend in lieu 

of the conditionally approved applicant or designated contact.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.33 Site Access for Representatives of the Department and 

Law Enforcement Section Agencies.

 (1) The department shall provide information about approved 

growing, handling, and storage site locations to representatives 

of ALEA, DEA, and other law enforcement agencies whose 

representatives request registered site information, including GPS 

coordinates.

(2) Licensed growers, processors, handlers or universities shall 

have no reasonable expectation of privacy with respect to premises 

where hemp or other cannabis seeds, plants, or materials are 

located, and any premises listed in the grower licensing agreement.

(3) A licensed grower, processor, handler or university, whether 

present or not, shall permit a representative of the department or 

a law enforcement agency to enter into premises where hemp or other 

cannabis seeds, plants, or materials are located, and any premises 

listed in the grower licensing agreement with or without cause and 

with or without advanced notice.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.34 Site Modifications and Site Modification Surcharge 

Fees.

 (1) A licensed grower, processor, handler or university who 

elects to grow hemp in a new growing location or store or handle 

at a site other than the sites specified by the GPS coordinates 

listed in the grower licensing agreement, shall submit a Site 

Modification Request Form, as established by these regulations, 

and obtain written approval from a representative of the 

department, prior to planting or storing at the proposed location.

(2) Any request for a new growing location shall comply with the 

land use restrictions established in this administrative 

regulation.

(3) The land or growing structure being requested shall not be 

owned by or leased from any person who was terminated, or denied 

admission to the program for one (1) or both of the following 

reasons:

(a) Failure to obtain an acceptable criminal background check; 
31

or

(b) Failure to comply with an order from a representative of the 

department.

(4) The department shall charge a site modification surcharge 

fee for each new growing location, be it an individual field or 

greenhouse or indoor structure, where hemp will be planted. The 

amount of the site modification surcharge fee shall be as 

established in these regulations.

(5) The department shall not approve a site modification request 

for a new growing location until the department has received the 

site modification surcharge fee. Surcharge fees shall be submitted 

to the department with a check or money order payable to the 

department.

(6) The department shall not assess a site modification surcharge 

for changes to storage-only locations.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.35 Seed Acquisition from a Source in a U.S. Territory, 

Tribal Land, the State of Alabama or another State.

 (1) A person shall not acquire seeds or propagules from a source 

in a U.S. territory, tribal land, or state without first:

(a) Submitting a complete Seed/Propagule acquisition form, 

incorporated by reference in these regulations, and all required 

attachments; and

(b) Obtaining written approval of the Seed/Propagule acquisition

from a representative of the department.

(2) The department shall not approve a Seed/Propagule 

acquisition unless the licensed grower affirms in writing that the 

requested seed acquisition plan shall not infringe on the 

intellectual property rights of any person.

(3) A person submitting a Seed/Propagule acquisition form shall 

submit to the department documentation showing that mature plants 

grown from that seed variety or strain have a floral material total 

delta-9-THC content of not more than 3,000 ppm on a dry weight 

basis from an independent third-party laboratory.

(4) A person submitting a Seed/Propagule acquisition form shall 

submit to the department documentation verifying the seed or 

propagule source as a current legal hemp operation in the state of 

origin.

(5) All seed distribution sources or other seed distribution 

entities proposing to sell seeds into Alabama are required to 

obtain an annual Seed Dealer Permit from the department.

(6) Upon request from a representative of the department, a 

licensed grower or licensed processor shall provide a distribution 
32

list showing locations where and to whom the hemp seeds were 

distributed.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.36 Seed Acquisition from a Source Outside the United 

States. 

 (1) A person seeking to obtain seeds from an international source 

shall submit a complete International Seed acquisition form, 

incorporated by reference in these regulations, to the department.

(a) If approved, the department shall request the Permit to

Import under any existing current regulations.

(b) A person shall not acquire seeds from a source outside the 

United States unless the department first obtains a Permit to 

Import.

(2) A person shall not acquire propagules other than seeds from 

outside the United States.

(3) The department shall not approve an International Seed 

acquisition form for any purpose other than seeds for planting in 

Alabama. All licensed growers intending to plant the requested 

seed shall be listed on the acquisition form.

(4) The department shall not approve an International Seed 

acquisition form unless the licensed grower affirms in writing 

that the licensed grower’s planned activities shall not infringe 

on the intellectual property rights of any person.

(5) A person submitting an International Seed acquisition form 

shall submit to the department documentation showing that mature 

plants grown from that seed variety have a floral material total 

delta-9-THC content of not more than 3,000 ppm, or 0.3000%, on a 

dry weight basis.

(6) A person acquiring seeds or propagules from a source outside 

the United States shall arrange for the seeds or propagules to 

arrive at the department’s facility, for inventory and 

distribution.

(7) Upon request from a representative of the department, a 

licensed grower shall provide a distribution list showing 

locations where and to whom the imported hemp seeds were 

distributed.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.37 Seeds of Wild, Landrace, or Unknown Origin.

 (1) A person shall not acquire or grow hemp or cannabis seeds or 
33

propagules of wild, landrace, or unknown origin without first 

obtaining written approval from a representative of the 

department.

(2) The department shall not permit hemp or cannabis seeds or 

propagules of wild, landrace, or unknown origin to be planted, 

cultivated, or replicated by any person without the department 

first arranging for replication and THC testing of mature plants 

grown from the seeds or propagules by the department or its 

designee.

(3) Any licensed grower or licensed processor found to have saved 

seed, propagules, or cuttings, or cultivated seeds, propagules, or 

cuttings from a cannabis plant of wild, landrace, or unknown 

origin, without advance written permission from the department 

shall be subject to suspension or revocation of his or her license 

and forfeiture without compensation of his or her materials.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.38 Information Submitted to the Department Subject to 

Open Records Act. 

 (1) Except as established in subsection (2) of this section, 

information and documents generated or obtained by the department 

in connection with the program shall be subject to disclosure 

pursuant to the Alabama Open Records Act.

(2) Personal identifiable information including physical 

address, mailing address, driver’s license numbers, background 

checks, GPS coordinates, telephone, and email addresses shall be 

shielded by the department to the maximum extent permitted by law; 

provided, however, the department shall provide this information 

to law enforcement agencies and other regulatory agencies upon 

request.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.39 Immediate License Suspension.

 (1) The department shall immediately suspend a license, without 

an opportunity for a hearing, if the licensed person pleads guilty 

to, or is convicted of, any felony or drug-related misdemeanor.

(2) The department may immediately suspend a license, without an 

opportunity for a hearing, if the licensed person or his or her 

agent admits to having:

(a) Violated any provision of an administrative regulation;

(b) Made any false statement to the department or its 
34

representative; or

(c) Failed to comply with any instruction or order from the 

department, a representative of the department, ALEA, or any law 

enforcement officer.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.40 Temporary License Suspension Procedures.

 (1) The department shall notify a licensed grower, processor, 

handler or university in writing that the grower licensing 

agreement has been temporarily suspended if a representative of 

the department receives information supporting an allegation that 

a licensee has:

(a) Engaged in conduct violating a provision of this 

administrative regulation, or the licensing agreement;

(b) Made a false statement to a representative of the department 

or a law enforcement agency;

(c) Been found to be growing or in possession of hemp with a 

measured total delta-9-THC concentration at or above 1.0 percent; 

or

(d) Failed to comply with an order from a representative of the 

department or a law enforcement agency.

(2) A person whose licensing agreement has been temporarily 

suspended shall not harvest, process, or remove cannabis from the 

premises where hemp or other cannabis was located at the time when 

the department issued its notice of temporary suspension, except 

as authorized in writing by a representative of the department.

(3) As soon as possible after the notification of temporary 

suspension, a representative of the department shall inspect the 

licensed premises and perform an inventory of all cannabis, hemp, 

and hemp products that are in the licensee’s possession.

(4) The department shall schedule a license revocation hearing 

for a date as soon as practicable after the notification of 

temporary suspension, but in any event not later than sixty (60) 

days following the notification of temporary suspension.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.41 License Revocation Hearings and Consequences of 

Revocation. 

 (1) The department shall notify a person whose licensing 

agreement has been temporarily suspended of the date when the 

person’s license revocation hearing will occur at a time and place 
35

designated by the Commissioner.

(2) License revocation hearings shall be adjudicated the same as 

an administrative appeal from denial of an application of a 

license.

(3) If a decision is reached in favor of revoking the licensing 

agreement, then a representative of the department or a law 

enforcement agency shall destroy or confiscate all cannabis, hemp, 

and hemp products that are in the person’s possession.

(4) A person whose property is destroyed or confiscated by a 

representative of the department or a law enforcement agency shall 

be owed no compensation or indemnity for the value of the cannabis, 

hemp, or hemp products that were destroyed or confiscated.

(5) A person whose licensing agreement has been revoked shall be 

barred from participation in the program in any capacity for a 

minimum period of five (5) years.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.42 Administrative Appeal from Denial of Application.

(1) An applicant wishing to appeal the department’s denial or 

partial denial of an application or other adverse decision 

concerning these administrative rules shall submit a written 

request for a hearing postmarked within fifteen (15) days of the 

date of the department’s notification letter or email.

(2) An appealing applicant shall mail a hearing request letter to 

the Alabama Department of Agriculture and Industries, Industrial 

Hemp Program, 1445 Federal Drive, Montgomery, Alabama 36107-1123.

(3) Appeals shall be heard by an impartial hearing officer 

designated by the Commissioner or his designee.

(4) Notice of the time and date of the appeal hearing will be 

given for preparation of the hearing. 

(5) The applicant may request that the date of the hearing be 

rescheduled one time. 

(6) An appealing applicant shall appear in person at the assigned 

hearing time. Failure to appear on time shall constitute grounds 

for dismissal of the appeal.

(7) Applicants will have the opportunity to confront the person 

or entity that denied their application. 

(8) The basis of the hearing officer’s decision will be delivered 

to the applicant in writing.

(9) If the disqualification is substantiated, the applicant 

will automatically be disqualified. 

(10) Applicants may request a judicial review at their own 

expense.

Author: N. Gunter Guy, Jr.
36

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.43 Schedule of Fees for Growers.

(1) The fees established in this section shall be nonrefundable.

(2) The Grower License Application fee shall be $200 for each 

application.

(3) The annual grower participation fee shall be $1000 for each 

growing location.

(4) The secondary pre-harvest sample fee shall be $250 for each 

sample.

(5) The post-harvest retest fee shall be $250 for each sample.

(6) The site modification surcharge fee shall be $1000 for each 

GPS coordinate location change for each growing site after the 

grower licensing agreement has been executed.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.44 Schedule of Fees for Processors or Handlers.

(1) The fees established in this section shall be nonrefundable.

(2) The Processor/Handler License Application fee shall be $200 

per application.

(3) The annual participation fee for processing the grain 

component of hemp shall be $1000.

(4) The annual participation fee for processing the fiber 

component of hemp shall be $1000.

(5) The annual participation fee for processing the floral 

material component of hemp (such as CBD) shall be $1,000.

(6) The annual participation fee for a handler (such as a seed 

cleaner or laboratory) shall be $1000.

(7) The site modification surcharge fee shall be $1000 for each 

GPS coordinate location change for each processing site after the 

processor or handler licensing agreement has been executed.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.45 Schedule of Fees for Eligible Institutions of Higher 

Education

(1) The fees established in this section shall be 

nonrefundable.

(2) The Institute of Higher Education Application fee shall 
37

be $200 per application. 

(3) The annual participation fee shall be $500 for the 

initial growing location and $200 for each additional growing 

location. 

(4) The site modification surcharge fee shall be $500 for 

each GPS coordination location change for each growing site 

after the licensing agreement has been executed. 

(5) Sampling and THC testing shall be $200 for each sample.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.46 Department to collect and retain information about 

growing locations. The Department shall collect and retain for a 

period of at least three calendar years, Location ID information 

for every site or location where the department has approved 

hemp to be grown. 

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.47 Ineligibility of persons found to have negligently 

violated rules three (3) times in a five (5) year period. A 

person who is found by the Department to have negligently 

violated any statute or administrative regulation governing that 

person’s participation in the hemp program three (3) times in a 

five (5) year period shall be ineligible to hold a license for a 

period of five (5) years beginning on the date of the third 

violation.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

 

80-10-21-.48 Corrective action plans for negligent violations. 

(1) In addition to being subject to the license suspension, 

license revocation, and monetary civil penalty procedures, a 

person who is found by the Department to have negligently 

violated any statute or administrative regulation governing that 

person’s participation in the hemp program shall be subject to a 

corrective action plan at the discretion of the Department. 

(2) The Department may impose a corrective action plan for a 

negligent violation of any statute or administrative regulation 

governing a person’s participation in the hemp program, 

including without limitation: 
38

(a) Failing to disclose, or provide required information about, 

a site where hemp is being grown, processed, or stored: 

(b) Failing to obtain a necessary license from the department or 

a necessary authorization from a state or federal agency; and 

(c) Producing hemp or other cannabis with a total delta-9-THC 

concentration of more than 1.0 percent on a dry weight basis. 

(3) Corrective action plans issued by the Department shall 

include, at a minimum, the following information: 

(a) A reasonable date by which the person shall correct his or 

her violation; and 

(b) A requirement for periodic reports from the person to the 

Department about the person’s compliance with the corrective 

action plan, statutes, and administrative regulations for a 

period of at least two (2) years from the date of the corrective 

action plan.

(c) A description of the procedures that will demonstrate 

compliance must be submitted for approval.

(d) Growers shall not receive more than one negligent violation 

per growing season.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

 

80-10-21-.49 Mandatory reports to state and federal law 

enforcement agencies for violations with a culpable mental state 

greater than negligence. 

(1) In addition to being subject to the license suspension, 

license revocation, and monetary civil penalty procedures, a 

person who is found by the Department to have violated any 

statute or administrative regulation governing that person’s 

participation in the hemp program with a culpable mental state 

greater than negligence shall be subject to the reporting 

requirements set forth in this section. 

(2) The Department shall immediately report a person who is 

found by the department to have violated any statute or 

administrative regulation governing that person’s participation 

in the hemp program with a culpable mental state greater than 

negligence to the following law enforcement agencies: 

(a) The Attorney General of the United States; 

(b) The Attorney General of Alabama

(c) The Alabama Law Enforcement Agency

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 
39

80-10-21-.50 Department to submit growing locations and grower 

licensee information to United States Secretary of Agriculture.

(1) Not more than thirty (30) days after receiving and compiling 

the following information, the Department shall provide it to 

the United States Secretary of Agriculture or the Secretary’s 

designee: 

(a) the licensed grower’s name; 

(b) the licensed grower’s telephone number, email address, 

residential address, mailing address, or another form of contact 

information; 

(c) the Location ID for each field, facility, or other place 

where hemp is licensed to be grown; and 

(d) an indication whether the person’s license is currently in 

good standing. 

(e) any other information required by USDA pursuant to the USDA 

Domestic Hemp Production program. 

(2) The Department shall provide real-time updates to the 

information that the Department previously submitted pursuant to 

Section (1) of this administrative regulation.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.51 Department Testing Procedures.

 (1) Through its DEA registration and pursuant to USDA guidelines, 

the ADAI Food and Drug Laboratory will sample, analyze and evaluate 

hemp using reliable methodology for testing the total delta-9-THC 

level. 

 (2) The department shall collect and handle hemp samples in 

accordance with the department and USDA Procedures for Sampling, 

THC Testing, and Post-Testing Actions. The department shall 

perform total delta-9-THC testing in accordance with the 

department’s Food and Drug Laboratory standard operating 

procedures.

(3) ADAI shall receive, prepare, and release hemp samples in 

accordance with the ADAI Procedures for Receiving, Preparing and 

Releasing Hemp Samples.

(4) ADAI shall measure total delta-9-THC content in accordance 

with the department’s Food and Drug Laboratory SOP Analytical 

Method: Total THC in Cannabis on a Dry Weight Basis by UPLC-MS-MS 

or by UPLC-Fluorescence Detection. 

(5) Following the delivery of THC testing results from ADAI, the 

department shall undertake post-testing actions in accordance with 

the department Standard Operating Procedures for Sampling, THC 

Testing, and Post-Testing Actions.

Author: N. Gunter Guy, Jr.
40

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.52 Incorporation by Reference.

 (1) The following material is incorporated by reference:

(a) Procedures for Sampling, THC Testing, and Post-Testing 

Actions, December 14, 2017 edition;

(b) Procedures for Measuring Delta 9 THC Content in Industrial 

Hemp by Gas Chromatography with Flame Ionization Detection, August 

1, 2017 edition; and

(c) Procedures for Receiving, Preparing and Releasing Hemp 

Samples, 

(2) These materials may be inspected, copied, or obtained, 

subject to applicable copyright law, upon advanced request, at the 

Alabama Department of Agriculture and Industries, Richard Beard 

Building, 1445 Federal Dr., Montgomery, Alabama 36107, Monday 

through Friday, 8:00 a.m. to 4:30 p.m.

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.53 Disposal Procedures.

 (1) If any hemp plants or material produced under these 

regulations do not meet the requirements set forth by the 

Department or USDA, then such plants or material will be disposed 

of by using one of the methods or procedures set forth in this 

administrative regulation or USDA regulation. The costs of 

disposal, if any are incurred by the department, may be charged to 

the license holder. 

 (2) Disposal by on-site destruction with department 

supervision. Without removing the harvested material from the

license holder’s premises or other licensed premises where the 

material is located, a department employee shall personally 

observe the material’s destruction using one of the department’s 

approved methods.

 (3) Disposal by on-farm transfer to a person who is registered 

or authorized by the department or USDA to accept controlled 

substances for the purposes of destruction.

 (4) Disposal by vehicle transport to a department and law 

enforcement approved location and destroyed by a person duly 

authorized by federal, state or local law to handle and destroy 

such material. 

 (5) No destruction may occur unless a destruction plan is 

submitted and approved by the department and department personnel 

are present to witness the destruction unless an exception is 
41

submitted and approved in writing by the department. 

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.54 Incorporation by Reference.

 (1) The following forms and materials are incorporated by 

reference:

(a) Grower Application

(b) Grower License Agreement

(c) Hemp Grow Plan (Indoor and Outdoor)

(d) Grower Add Site form

 (e) Grower Amend Site Form

(f) Grower Property Owner Affirmation

(g) Harvest Destruction Form

(h) Release/Movement Form

(i) Secondary Sample(s) Invoice

(j) Grower Post-Harvest Report Form (Indoor and Outdoor) 

 (k) Processor/Handler Application

 (l) Processor/Handler Licensing Agreement

 (m) Processor Add Site Form

 (n) Processor Amend Site Form

 (o) Processor Year-End Report

 (p) University/Research Application

 (q) University/Research Licensing Agreement

 (r) University Add Site Form

 (s) University Amend Site Form

 (t) University Year End Post Harvest Report Form

 (u) International Seed Acquisition Form

 (v) Seed or Propagule Acquisition Form

 (x) Production Report

(2) These materials may be inspected, copied, or obtained, 

subject to applicable copyright law, and upon advanced request, at 

the Alabama Department of Agriculture and Industries, 1445 Federal 

Drive, Montgomery, Alabama 36107, Monday through Friday, 8:00 a.m. 

to 4:30 p.m. 

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 

80-10-21-.55 Severability

This administrative regulation includes a severability provision. 

This section provides that if any provision of this Hemp regulation 

is found to be invalid, the remainder of the regulation shall not 

be affected.
42

Author: N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-8-383

History: New Rule Filed: August 19, 2020, Effective: November 1, 

2020. 
Standard Practice for Field Sampling of Hemp

Scope

a) This practice applies to field sampling of hemp.

b) Samples collected under this procedure are acceptable for submitting to a qualified laboratory for

determination of Total Delta-9-Tetrahydrocannabinol (Δ9

THC) in hemp.

c) The samples collected are intended to be representative of the THC content in a stand of hemp growing in

the cultivated growing area.

This practice does not purport to address all of the safety concerns, if any, associated with its use. The user of

this standard shall exercise caution and follow applicable safety and health practices.

The method used for sampling from the flower material of the cannabis plant must be sufficient at a 

confidence level of 95 percent that no more than one percent (1%) of the plants in the lot would exceed the 

federally defined THC level for hemp. The method used for sampling must ensure that a representative 

sample is collected that represents a homogeneous composition of the lot. 

Terminology

Definitions:

a) sample – a composite, representative portion of plants in a hemp plot.

b) department – the Alabama Department of Agriculture and Industries

c) growing area - the land area on which hemp is grown

d) plot – a continuous area in a field, greenhouse, or indoor growing structure containing the same variety or

strain of hemp throughout the area.

e) licensee – an applicant that has been approved to grow hemp as defined in Code of Alabama 80-10-21

f) sample specimen – the top 20 cm (8 inches) of the hemp plant, including inflorescence, stem, and leaves.

g) stand - a group or growth of hemp

h) THC – Total Delta-9-Tetrahydrocannabinol (Δ9THC) as defined by federal law.

Summary of Practice

This practice provides procedures for entering a growing area and collecting the minimum number of plant

specimens necessary to represent a homogeneous composition of the plot that is to be sampled. An

authorized representative of the Alabama Department of Agriculture and Industries (ADAI) enters a growing

area, strategically examines the growing area, establishes an approach for navigating the growing area and

collects individual specimens of representative plants in order to obtain a representative sample of hemp in

the growing area. Because test methodology requires small amounts of material, care must be taken to

provide samples that accurately reflect the entirety of the growing area.
Equipment and Supplies

a) Loppers, pruners, and hand saw.

b) Alcohol wipes to sanitize pruners before sampling each plot

c) Paper sample bags

d) 8” rule

e) Stapler

f) Ball point pen to write on bag

g) Bar code stickers

h) Smartphone or tablet with Survey 123 loaded

i) Pre-filled notice of inspection forms and chain-of-custody forms.

j) Portable printer

k) Disposable gloves

l) Refrigerated cooler to transport bagged samples

Sampling Procedures

a) The Licensee or designated employee shall accompany the state inspector throughout the sampling

process.

b) The inspector shall present credentials and have the licensee or designated employee sign a notice of

inspection. (The inspector should print out this form prior to the sampling visit.)

c) The inspector shall verify the GPS coordinates of the growing area as compared with the GPS coordinates

submitted by the licensee.

d) The inspector shall estimate the average height, appearance, approximate density, condition of the

plants, and degree of maturity of the inflorescences.

e) The inspector shall visually establish the homogeneity of the stand to establish that the growing area is of

like variety.

f) Any concerns of stand homogeneity shall be immediately reported to Montgomery hemp staff. Samples

and photos shall be taken of individual plants differing from the norm.

g) Individual plants that appear significantly different from the plot average shall be sampled individually.

The sample shall be put in a separate bag and labeled as a plant of concern. Seal and label the bag as

directed in p) through u) below.

h) Time of Sampling

The licensee shall submit a completed Harvest/Destruction form to the department within 14 calendar 

days prior to the intended harvest date or intended destruction of a failed crop. The ADAI hemp program 

staff will assign an inspector to that licensee. The inspector shall schedule the sample date as close to the 

designated harvest date and notify the licensee of the designated sample date and time. The licensee 

shall verify that they will be present at their hemp plot on that day and time.

i) Each variety or cultivar will be sampled separately.

j) The loppers, pruners or hand saw used to clip samples must be cleaned with alcohol wipes between plots.

k) Disposable gloves shall be worn to take hemp samples. These shall be discarded after each plot is

sampled.
l) When feasible, avoid sampling plants within 3 meters (10 feet) of the plot edge.

m) The sampler must choose one of the patterns most suitable for the field to be sampled (Figure 1 and

Figure 2). The sampler must sample according to the pattern to the extent possible but may deviate from

the pattern as necessary to account for particular field conditions and to ensure that all parts of the field

are adequately and proportionately sampled to produce a representative sample.

These are typical sawtooth survey patterns starting in a corner of the field. The yellow dots indicate the

approximate locations to collect samples.
n) The sample size (number of clippings) to be taken according to the plot size, in acres:

N - Growing Area,

in acres

number of

plants

1 4

2 4

3 4

4 4

5 6

6 6

7 8

8 8

9 10

10 10

15 16

20 18

25 24

30 28

35 32

40 36

45 40

50 44

75 60

100 76

160 and over 104

o) No matter how small the plot is, take cuttings from at least four (4) hemp plants within the plot.

p) Clip the entire top 20 cm (8 inches) of the hemp plant’s primary stem.

q) Samples shall be secured in a paper bag.

r) Place the entire composite sample in a paper bag. Seal the bag by folding over the top once and stapling

the bag shut with at least two staples. 

s) A separate sample must be taken from each non-contiguous plot of a given variety.

t) A separate sample must be taken of each variety.

u) Place a bar code sticker on the sample bag. The number shown on the sticker is the field sample number.

Enter bar code number on the Chain of Custody form.
v) In large fields from which the entire composite sample will not fit in one bag, label additional sample bags

with the number for the bar code assigned to that field, and the number of bags. Use a ballpoint pen (NO

permanent markers!). Enter bar code number on the Chain of Custody form.

Example: In a 20-acre field, you will take 18 cuttings per the table above. It will require 3 bags to contain

that many samples. On the first sample bag, place the bar code sticker (Number xxxxx), and write 1 of 3

with a ballpoint pen. On the other two bags, write xxxxx (number from bar code) and 2 of 3, and xxxxx

and 3 of 3.

w) The inspector shall review the hemp sample form with the responsible party and obtain signatures of

responsible party. The completed form will automatically upload to Plant Protection in Montgomery. The

signed form will be emailed to the inspector, lab, and licensee or designated employee.

x) Samples must be stored in a cool, dry area that is locked and secure.

y) The sample shall be transported to ADAI for drying and analysis within 24 hours.

z) Samples should be taken to the ADAI Food and Drug Lab. To maintain the chain of custody, inspectors will

need to drive their samples to the lab within 24 hours. Samples should be delivered to the lab weekdays

between 8:30 and 4:00.

aa) Use the chain of custody form when passing samples off to another ADAI staff member for transport. Draw a 

single diagonal line through empty fields, and put your initials and the date on the line.

Example:

Variety Name Number of Cuttings Number of Bags

Variety 1 Franklin 8 1

Variety 2 JLS 6/25/19

Variety 3

bb) The samples will be turned over to: 

Food and Drug Lab Personnel

Food and Drug Laboratory

Alabama Department of Agriculture and Industries

1445 Federal Drive

Montgomery AL 36107

Office (334) 240-7267