Eric Steenstra

Executive Director

Vote Hemp

712 H Street NE

Washington, DC 20002

Email: eric@votehemp.com

Phone: 703-729-2225

RE: Vote Hemp comments to USDA on the Hemp provisions of the 2018 Farm Bill

The 2018 Farm Bill reinstates hemp as a beneficial agricultural crop for American farmers.

Congress has given regulatory authority to USDA which now must create an effective but limited

federal regulatory framework for hemp farming to grow and thrive. We are excited that USDA

has chosen the Agricultural Marketing Service to lead this effort and that they have committed to

finalizing regulations in time for the 2020 growing season.

Hemp is an incredibly versatile crop that can provide strong fiber, nutritious seed and highly

valuable phytocompounds including cannabinoids and terpenes. It is critical that USDA

recognize the full value and potential of hemp and create regulations that allow farmers to tap

into the entire potential of hemp. We encourage USDA to replace the “Statement of Principles

on Industrial Hemp” issued jointly with FDA and DEA, with a new statement acknowledging that

hemp is no longer a controlled substance and recognizing that valid hemp uses include all parts

of the plant and are not limited only to “industrial purposes.”

Congress set out minimum requirements for state, tribal or federal hemp licensing regulations to

ensure that farmers would only grow varieties of hemp that meet the federal definition of hemp.

The Farm Bill notes that state, tribal and federal regulations shall only be required to include:

(a) a practice to maintain relevant information regarding land on which hemp is produced

(b) a procedure for testing

(c) a procedure for the effective disposal of plants in violation

(d) a procedure to comply with the enforcement procedures

(e) a procedure for conducting annual inspections

(f) a procedure for submitting licensee information to USDA

(g) a certification that the State or Indian tribe has the resources and personnel to carry out

the practices and procedures

We urge USDA to create limited federal regulations that do not place additional requirements or

burdens on farmers. We also encourage USDA to provide flexibility to states to regulate hemp

production as they see fit as long as they are meeting the minimum requirements. Most of all we

urge USDA to treat hemp like any other crop.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Congress defined hemp broadly in the 2018 Farm Bill and we urge USDA to embrace and

accept this definition. We are especially concerned about maintaining the Farm Bill definition

given the previous attempt to modify and restate the 2014 Farm Bill definition of industrial hemp

in the “Statement of Principles on Industrial Hemp.”

We urge USDA to immediately begin certifying hemp crops and hemp products that meet all

requirements as organic under the National Organic Program (NOP). This includes hemp crops

grown for flower and hemp extracts which USDA previously stated it would not certify. Guidance

in NOP 2040 treated American grown hemp differently than hemp grown outside the U.S.

American farmers and manufacturers should be treated the same as those in other countries by

the NOP.

USDA supported the development of hemp varieties for American farmers from 1903 until 1935

under researcher Lyster Dewey. Those genetics have unfortunately been lost and there is an

urgent need for high quality certified hemp varieties. It is critical that American breeders be

empowered to develop hemp that will meet the needs of today’s manufacturers. We urge USDA

to support and encourage private and university hemp research. Hemp research is now

authorized under SEC. 7129 Supplemental and Alternative Crops and SEC. 7501 Critical

Agricultural Materials Act and we urge USDA to prioritize hemp research funding. We also

request that USDA welcome hemp germplasm submissions at the National Center for Genetic

Resources Preservation. We also request that USDA confirm that it will accept hemp

submissions for Plant Variety Protection. This is critical to encourage breeders to invest the time

in developing new and valuable hemp varieties.

Another important area is the development of sampling procedures and testing requirements.

We urge USDA to adopt a sampling procedure that collects samples from a minimum of 30

plants per distinct plant variety and collects significant portions of the top, middle and bottom of

the plant. Sampling should begin 2-3 weeks after flowering in order to allow for harvest at the

ideal time after receipt of the test results. USDA should allow states to utilize their preferred

testing method as long as they can consistently reproduce accurate results. Requiring a specific

testing method may place an unfair burden on states.

The 2018 Farm Bill authorizes crop insurance for hemp crops. We encourage USDA Risk

Management Agency (RMA) to seek input from farmers and the hemp industry prior to approval

of a hemp crop insurance product. We also encourage RMA to encourage insurers to submit

proposals to USDA for consideration.

Vote Hemp has collected data from state departments of agriculture and published an annual

Hemp Crop Report for the past 3 years (attached). We encourage USDA to require states to

collect and report statistics on acreage licensed and planted as well as other useful data that

USDA normally collects on crops.
 

 

 

 

 

 

 

We also would like to share a 2018 Farm Bill Policy Guide and Model Hemp Production Plan

(attached) that we developed along with the Vicente Sederberg law firm. This production plan

has been shared with states regulators and legislators in order to encourage states to prepare

to implement state hemp farming plans under the provisions of the 2018 Farm Bill.

We thank USDA for hosting this session today and welcoming feedback from the industry and

farmers. We look forward to working with USDA to ensure that regulations encourage the

development of the market for hemp and hemp products.

Sincerely,

Eric Steenstra
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.S. Hemp Crop Report 

78,176 

Acres of hemp grown in 23 states 

40 

Universities conducted research 

3,546 

State licenses issued 

41 

States enacted 

hemp bills 

States with enacted hemp legislation (41 states) 

New states which started in 2018 (5 states) 

States which grew hemp in 2017 (19 states) 

Colorado 9,700 21,578 

Hawaii 1 2 

Indiana 5 5 

Kentucky 3,271 6,700 

Maine 30 550 

Massachusetts N/A 21 

Minnesota 1,205 710 

Montana 542 22,000 

Nebraska 1 0.5 

Nevada 417 1,881 

New York 2,000 2,240 

North Carolina 965 3,184 

North Dakota 3,020 2,778 

Oklahoma N/A 445 

Oregon 3,469 7,808 

Pennsylvania 36 580 

South Carolina N/A 256 

Tennessee 200 3,338 

Vermont 575 1,820 

Virginia 87 135 

Washington 175 142 

West Virginia 14 155 

Wisconsin N/A 1,850 

Total 25,713 78,176* 

State 2017 Acres 2018 Acres 

*includes 10,090,188 square feet of greenhouse or indoor cultivation 

v 1.0 

Illinois N/A 0.1 

For more info, visit www.VoteHemp.com 
 

 

 

 

2018 Farm Bill Policy Guide and 

Model Hemp Production Plan 

INTRODUCTION 

The Agriculture Improvement Act of 2018 (the “2018 Farm Bill”) was signed into law on 

December 20, 2018. The 2018 Farm Bill, among other things, removes hemp (including any part 

of the cannabis plant containing 0.3% delta-9 THC or less), its extracts, derivatives, and 

cannabinoids from the Controlled Substances Act of 1970, and allows for federally-sanctioned 

hemp production under the purview of the United States Department of Agriculture (the 

“USDA”), in coordination with state departments of agriculture or Tribal governments that elect 

to have primary regulatory authority. States1 and Tribal governments can adopt their own 

regulatory plans, even if more restrictive than Federal regulations, so long as the plans meet 

minimum federal standards and are approved by the USDA. After a State or Tribal government 

submits its plan, the United States Secretary of Agriculture (“Secretary”) has sixty (60) days to 

approve or disapprove of the plan. Hemp production in jurisdictions that do not choose to submit 

their own plans (and that do not otherwise prohibit hemp production) will be governed by USDA 

regulation. The USDA is promulgating rules for implementation of the new federally authorized 

program. However, Section 7606 of the Agricultural Act of 2014 (the “2014 Farm Bill”) and the 

pilot programs adopted thereunder will remain authoritative until one (1) year after the USDA 

adopts rules to regulate hemp production in jurisdictions without USDA-approved State or Tribal 

hemp production plans, at which point the 2014 Farm Bill will be repealed. 

During this time, State and Tribal authorities must consider the appropriate regulatory regime in 

the best interests of their residents, and determine whether to: (1) permit or prohibit hemp 

production; and (2) retain (or obtain) primary regulatory authority over hemp production, or to 

defer primary authority to the USDA. This guide provides an outline of federal requirements and 

policy considerations applicable to State and Tribal regulation of hemp production, and a model 

hemp production plan intended to promote compliance with the 2018 Farm Bill minimum plan 

requirements. 

The 2018 Farm Bill Policy Guide and Model Hemp Production Plan was produced by the 

American Hemp Campaign, a project of Vote Hemp, with support from the Vicente Sederberg 

law firm, VS Strategies, Agricultural Hemp Solutions, the American Herbal Products 

Association, and the U.S. Hemp Roundtable. It is intended to assist policymakers in the 

development of state regulatory regimes governing hemp production that meet minimum federal 

requirements. For more information, please contact lead author Shawn Hauser (303-860-4501, 

shawn@vicentesederberg.com) or Vote Hemp President Eric Steenstra (703-729-2225, 

eric@votehemp.com). 

1 Consistent with the 2018 Farm Bill, the term “State” is defined herein to include: (A) a state; (B) the District of 

Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. 
 

 

KEY POLICY POINTS 

The following are primary policy recommendations for State and Tribal governments to consider 

when developing a hemp program: 

1. Define “hemp” in accordance with the 2018 Farm Bill but leave the definition open to 

changes that may occur in future federal legislation to ensure compliance with Federal law. 

2. Amend the definitions of “marijuana” (or marihuana/cannabis), “tetrahydrocannabinols”, 

and “hashish”, as applicable, in the jurisdiction’s drug control statutes and/or criminal code 

to exclude hemp and products derived therefrom, in conformance with the 2018 Farm Bill 

amendments to the Controlled Substances Act of 1970. 

3. Grant authority to the respective state department of agriculture to establish rules and a 

regulatory framework for the cultivation of hemp, as required by the 2018 Farm Bill 

minimum plan requirements. 

4. Align licensing, registration, fees, cultivation, testing, inspection, and enforcement 

requirements with the minimum standards for a hemp production plan identified in the 

2018 Farm Bill, outlined in more detail in the sections that follow. These requirements 

should address research and commercial production requirements as well as include 

procedures for licensing, testing, inspection, reporting, enforcement, and destruction, 

and/or retesting for any plants exceeding 0.3% delta-9 THC. 

5. Leave jurisdiction over the manufacture and sale of hemp ingredients and finished hemp 

products to the appropriate state and federal agencies responsible for regulating the 

manufacturing and sale of similar commodities. For example, hemp-derived orally 

ingestible products should be regulated as food and/or dietary supplements, and hempderived topicals should be regulated as cosmetics. 

6. Require delta-9 THC testing of hemp plants to ensure compliance with federal mandates 

and allow private testing labs that satisfy state-mandated criteria to conduct hemp and 

hemp product testing thereby reducing the need for state funding to perform such testing. 

7. Establish or incorporate hemp into a domestic seed certification program, including a state 

licensing and/or registration program for seed breeders through institutions of higher 

education, and pursuant to the certification program established by the Association of 

Official Seed Certifying Agencies (“AOSCA”). 

8. Allow phytocannabinoids, terpenes, and other plant compounds to be extracted from hemp 

pursuant to federal and state-mandated manufacturing requirements applicable to the 

intended finished-product-type to ensure such products are adequately tested and regulated. 

9. Establish processes for institutions of higher education to cultivate hemp for researchrelated purposes on their property or the property of persons with whom they have a 

contract or Memorandum of Understanding. 

10. Provide legal protections for the transport of raw hemp materials and finished products in 

compliance with Federal law. 

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2018 FARM BILL MINIMUM REQUIREMENTS FOR 

HEMP PRODUCTION PLANS 

Legislative Intent: 

“The [2018 Farm Bill] amends the Agricultural Marketing Act of 1946 to allow States [and 

Tribal governments] to regulate hemp production based on a state or tribal plan. The amendment 

requires that such plan includes information on locations of hemp production, testing for THC 

concentration, disposal of plants [and products] that are out of compliance, and [negligent] or 

other violations of the state or tribal plan.” ... “[S]tates and [T]ribal governments are authorized 

to put more restrictive parameters on the production of hemp, but are not authorized to alter the 

definition of hemp or put in place policies that are less restrictive than this title.” (Committee 

Report on 2018 Farm Bill) 

Minimum Plan Requirements: 

For the USDA to approve a hemp production plan, the plan must satisfy each of the following 

minimum requirements mandated by Section 10113 of the 2018 Farm Bill: 

I. “a practice to maintain relevant information regarding land on which hemp is produced in 

the State or territory of the Indian tribe, including a legal description of the land, for a 

period of not less than 3 calendar years[.]” 

II. “a procedure for testing, using post-decarboxylation or other similarly reliable methods, 

delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or the 

territory of the Indian tribe[.]” 

III. “a procedure for the effective disposal of plants, whether growing or not, that are produced 

in violation of this subtitle; and products derived from those plants [.]” 

IV. “a procedure to comply with the enforcement procedures under subsection (e)[.]” 

“(e) VIOLATIONS.— 

“(1) IN GENERAL.—A violation of a State or Tribal plan approved under subsection (b) shall be 

subject to enforcement solely in accordance with this subsection. 

“(2) NEGLIGENT VIOLATION.— 

“(A) IN GENERAL.—A hemp producer in a State or the territory of an Indian tribe for 

which a State or Tribal plan is approved under subsection (b) shall be subject to 

subparagraph (B) of this paragraph if the State department of agriculture or Tribal 

government, as applicable, determines that the hemp producer has negligently violated the 

State or Tribal plan, including by negligently— 

“(i) failing to provide a legal description of land on which the producer produces 

hemp; 

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“(ii) failing to obtain a license or other required authorization from the State 

department of agriculture or Tribal government, as applicable; or 

“(iii) producing Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration 

of more than 0.3 percent on a dry weight basis. 

“(B) CORRECTIVE ACTION PLAN.—A hemp producer described in subparagraph (A) shall 

comply with a plan established by the State department of agriculture or Tribal government, 

as applicable, to correct the negligent violation, including— 

“(i) a reasonable date by which the hemp producer shall correct the negligent 

violation; and 

“(ii) a requirement that the hemp producer shall periodically report to the State 

department of agriculture or Tribal government, as applicable, on the compliance 

of the hemp producer with the State or Tribal plan for a period of not less than the 

next 2 calendar years. 

“(C) RESULT OF NEGLIGENT VIOLATION.—A hemp producer that negligently violates a 

State or Tribal plan under subparagraph (A) shall not as a result of that violation be subject 

to any criminal enforcement action by the Federal Government or any State government, 

Tribal government, or local government. 

“(D) REPEAT VIOLATIONS.—A hemp producer that negligently violates a State or Tribal 

plan under subparagraph (A) 3 times in a 5-year period shall be ineligible to produce hemp 

for a period of 5 years beginning on the date of the third violation. 

“(3) OTHER VIOLATIONS.— 

“(A) IN GENERAL.—If the State department of agriculture or Tribal government in a State 

or the territory of an Indian tribe for which a State or Tribal plan is approved under 

subsection (b), as applicable, determines that a hemp producer in the State or territory has 

violated the State or Tribal plan with a culpable mental state greater than negligence— 

“(i) the State department of agriculture or Tribal government, as applicable, shall 

immediately report the hemp producer to— 

“(I) the Attorney General; and 

“(II) the chief law enforcement officer of the State or Indian tribe, as 

applicable; and 

‘‘(ii) paragraph (1) of this subsection shall not apply to the violation. 

“(B) FELONY.— 

“(i) IN GENERAL.—Except as provided in clause (ii), any person convicted of a felony 

relating to a controlled substance under State or Federal law before, on, or after the date 

of enactment of this subtitle shall be ineligible, during the 10-year period following the 

date of the conviction— 

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“(I) to participate in the program established under this section or section 

297C; and 

“(II) to produce hemp under any regulations or guidelines issued under 

section 297D(a). 

“(ii) EXCEPTION.—Clause (i) shall not apply to any person growing hemp lawfully with 

a license, registration, or authorization under a pilot program authorized by section 7606 

of the Agricultural Act of 2014 (7 U.S.C. 5940) before the date of enactment of this 

subtitle. 

“(C) FALSE STATEMENT.—Any person who materially falsifies any information contained 

in an application to participate in the program established under this section shall be 

ineligible to participate in that program. 

V. “a procedure for conducting annual inspections of, at a minimum, a random sample of 

hemp producers to verify that hemp is not produced in violation of this subtitle [.]” 

VI. “a procedure for submitting the information described in section 297C(d)(2), as applicable, 

to the Secretary not more than 30 days after the date on which the information is 

received[.]” 

“(d) INFORMATION SHARING FOR LAW ENFORCEMENT.— 

“(2) CONTENT.—The information collected by the Secretary under paragraph (1) shall 

include— 

“(A) contact information for each hemp producer in a State or the territory of an Indian tribe 

for which— 

“(i) a State or Tribal plan is approved under section 297B(b); or 

“(ii) a plan is established by the Secretary under this section; 

“(B) a legal description of the land on which hemp is grown by each hemp producer 

described in subparagraph (A); and 

“(C) for each hemp producer described in subparagraph (A)— 

“(i) the status of— 

“(I) a license or other required authorization from the State department of 

agriculture or Tribal government, as applicable; or 

“(II) a license from the Secretary; and 

“(ii) any changes to the status. 

VII. “a certification that the State or Indian tribe has the resources and personnel to carry out the 

practices and procedures described in clauses (i) through (vi)[.]” 2 

The Secretary is authorized to provide technical assistance to States and Indian tribes to aid in 

the development of a state or tribal plan. 

2 The 2018 Farm Bill amends the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et. seq.) by adding to it Subtitle 

G - Hemp Production. Hemp production plan requirements are set forth in Section 297B(a)(2)(A) of that Act. 

5 
 

 

 

 

 

 

MODEL HEMP PRODUCTION PLAN 3 

I. POLICY AND PURPOSE 

It is the declared policy of [STATE/TERRITORY] that Hemp is a valuable agricultural crop and 

commodity in [STATE/TERRITORY]. The purposes of this Chapter are to: 

A. promote the production of Hemp, and the development of new commercial markets for 

farmers and businesses through the sale of Hemp Products; 

B. enable the [DEPARTMENT/TRIBE], its Licensees, and affiliated Institutions of Higher 

Education, to conduct research regarding the production of Hemp in 

[STATE/TERRITORY]; 

C. promote the [CREATION AND/OR EXPANSION] of this [STATE/TERRITORY]’s 

Hemp industry to the maximum extent permitted by law; 

D. encourage and empower research into Hemp production and the creation of Hemp 

Products at Institutions of Higher Education and in the private sector; and 

E. regulate Hemp as an agricultural commodity in compliance with Federal law. 

II. DEFINITIONS 

A. “Applicant” means a person, or a person who is authorized to sign for a business 

entity, who submits an application to participate in the [STATE/TRIBAL] Hemp 

Program. 

B. “Commercial Sales” means the sale of a product in the stream of commerce at retail or 

at wholesale, including sales on the Internet. 

C. “Commissioner” means the [STATE/TERRITORY] Commissioner or Director of 

Agriculture. 

D. “Consumable Product” means a Hemp Product intended for human or animal 

consumption. 

E. “Cultivate” means to plant, water, grow, or harvest a plant or crop. 

F. “Department” means the [STATE/TERRITORY] Department of Agriculture. 

G. “Federally Defined THC Level For Hemp” means a THC concentration of not more 

than three-tenths of one percent (0.3%) on a dry weight basis, or the THC concentration 

for Hemp defined in Federal law, whichever is greater. 

3 The numbering, organization, and terminology utilized herein is suggestive and can be amended in accordance 

with the particular jurisdiction’s current regulatory structure. 

6 
 

A. “GPS” means global positioning system. 

B. “Grow Site” has the same meaning as “Registered Land Area” as that term is defined 

in this Section, below. 

C. “Harvest Lot” means a quantity of Hemp, of the same Variety, harvested in a distinct 

timeframe that is: (1) Cultivated in one contiguous production area within a Grow Site; 

or (2) Cultivated in a portion or portions of one contiguous production area within a 

Grow Site. Harvest Lot does not include a quantity of Hemp comprised of Hemp grown 

in noncontiguous production areas. 

D. “Harvest Lot Identifier” means a unique identifier used by the 

[DEPARTMENT/TRIBE] to identify the Harvest Lot. 

E. “Hemp” means 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 THC concentration of not more than threetenths of one percent (0.3%) on a dry weight basis, or as otherwise defined in Federal 

law. 

F. “Hemp Crop” means one (1) or more unprocessed Hemp plants or plant parts. 

G. “Hemp Grower” means a Person licensed by the [DEPARTMENT/TRIBE] to 

Cultivate Hemp in this [STATE/TERRITORY]. 

H. “Hemp Ingredient” means all derivatives, extracts, cannabinoids, isomers, acids, salts, 

and salts of isomers of any part of the Hemp plant included in the definition of “Hemp.” 

I. “Hemp Product” means a finished product with the Federally Defined THC Level For 

Hemp, that is derived from, or made by, processing a Hemp Crop, and that is prepared 

in a form available for commercial sale. The term includes, but is not limited to 

cosmetics, personal care products, Consumable Products, cloth, cordage, fiber, fuel, 

paint, paper, particleboard, plastics, and any product containing one or more Hemp 

Ingredients such as cannabidiol. 

J. “Industrial Hemp” has the same meaning as “Hemp” as that term is defined in this 

Section, above. 

K. “Institution of Higher Education” has the meaning assigned to it by 20 U.S.C. § 

1001. 

L. “Intended for Consumption” means intended for a human or animal to ingest, inhale, 

topically apply to the skin or hair, or otherwise absorb into the body. 

M. “Licensee” has the same meaning as “Hemp Grower” as that term is defined in this 

Section, above. 

7 
 

 

 

 

 

 

 

 

 

N. “Person” means a natural person, corporation, foundation, organization, business trust, 

estate, limited liability company, licensed corporation, trust, partnership, limited 

liability partnership, association, or other form of legal business entity, as well as a state 

or local government entity. 

O. “Process” means to convert any portion of a Hemp Crop into a Hemp Ingredient, Hemp 

Product, or other marketable form. 

P. “Registered Land Area” means a contiguous lot, parcel, or tract of land registered 

with the [DEPARTMENT/TRIBE] on which a Licensee Cultivates Hemp. A Registered 

Land Area may include land and buildings that are not used to Cultivate Hemp. 

Q. “THC” means tetrahydrocannabinol and has the same meaning as delta-9 THC, 

measured post-decarboxylation. 

R. “Variety” means a group of plants or an individual plant that exhibits distinctive 

observable physical characteristic(s) or has a distinct genetic composition. 

III. COMPLIANCE WITH FEDERAL LAW 

Nothing in this Chapter authorizes any Person to violate any Federal law or regulation. 

IV. [STATE/TRIBAL] HEMP PROGRAM 

A. Persons desiring to Cultivate Hemp must obtain a license from the 

[DEPARTMENT/TRIBE] prior to engaging in such activity. 

B. Persons seeking to Cultivate Hemp shall provide to the [DEPARTMENT/TRIBE] the 

legal description and GPS coordinates sufficient for locating the Registered Land Area 

and each field, greenhouse, or structure where the Person Cultivates Hemp, or intends 

to Cultivate Hemp. 

C. Notwithstanding any rule or regulation to the contrary, the inclusion of Hemp as an 

ingredient in a Consumable Product shall not by itself render the product misbranded or 

adulterated. 

V. APPLICATION FOR LICENSURE 

A. Any Person desiring to Cultivate Hemp at any location in [STATE/TERRITORY] shall 

submit to the [DEPARTMENT/TRIBE] annually a completed Hemp Grower license 

application. 

B. The Applicant shall submit a signed, complete, accurate and legible application form 

provided by the [DEPARTMENT/TRIBE] at least thirty (30) days prior to planting that 

includes the following information: 

(1) full name, [STATE/TERRITORY] residential address, telephone number, and 

email address; 

8 
 

 

 

 

 

 

 

 

(2) if the Applicant represents a business entity, the full legal entity name of the 

business, the principal [STATE/TERRITORY] 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; 

(3) a completed criminal background check report for the Applicant on a form 

determined by the [DEPARTMENT/TRIBE] demonstrating that the Applicant 

does not have any disqualifying felony drug convictions pursuant to Subsection 

VI(A) of this Chapter; 

(4) an application fee as set forth below; 

(5) an acknowledgment of the licensing terms and conditions; 

(6) a Grow Site registration application; and 

(7) any other information or disclosure required to be submitted by Federal 

regulation. 

C. As a component of the Hemp Grower license application, each Applicant shall submit a 

Grow Site registration application on a form provided by the [DEPARTMENT/TRIBE] 

for each proposed Registered Land Area in which the Applicant intends to Cultivate 

Hemp. Information submitted to the [DEPARTMENT/TRIBE] must include, at a 

minimum: 4 

(1) the street address and legal description of each field, greenhouse, building, or site 

where Hemp will be Cultivated; 

(2) if Hemp is Cultivated or is intended to be Cultivated in a field: 

(a) the GPS coordinates provided in decimal of degrees and taken at the 

approximate center of the Grow Site; 

(b) the number of square feet or acres of each Grow Site; and 

(c) a map of the production area showing clear boundaries of the Grow Site; 

(3) if Hemp is Cultivated or is intended to be Cultivated in a greenhouse or other 

building: 

(a) the GPS coordinates provided in decimal of degrees and taken at the 

approximate entrance of the greenhouse or other building composing the 

Grow Site; 

4 2018 Farm Bill State Plan Requirement #1: “a practice to maintain relevant information regarding land on 

which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a 

period of not less than 3 calendar years[.]” 

9 
 

 

 

 

 

 

 

 

(b) the approximate dimension or square feet of the greenhouse or other 

building composing the Grow Site; and 

(c) a map of the production area showing clear boundaries of the Grow Site. 

(4) The [DEPARTMENT/TRIBE] may approve an Applicant to Cultivate an acreage 

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

footage stated in the Grow Site registration application. 

D. Applicants must have the legal right to produce Hemp on the Registered Land Area and 

the legal authority to grant the [DEPARTMENT/TRIBE] access for inspection and 

sampling. 

E. By submitting an application, the Applicant acknowledges and agrees to the following 

minimum terms and conditions: 

(1) any information provided to the [DEPARTMENT/TRIBE] may be provided to 

law enforcement agencies without further notice to the Applicant; 

(2) the Applicant or Licensee shall allow and fully cooperate with any inspection and 

sampling that the [DEPARTMENT/TRIBE] deems necessary; 

(3) the Applicant or Licensee shall pay for any inspection and laboratory analysis 

costs that the [DEPARTMENT/TRIBE] deems necessary within thirty (30) days 

of the date of the invoice, provided that the Licensee shall not be required to pay 

for more than one (1) [DEPARTMENT/TRIBE]-inspection and associated 

laboratory analysis costs per year; 

(4) the Applicant or Licensee shall submit all required reports by the applicable duedate specified by the Commissioner; 

(5) applicants shall submit fingerprints and pay criminal background check fees 

directly to the [STATE/TERRITORY] Police or other law enforcement agency 

designated by the [DEPARTMENT/TRIBE], to obtain a criminal history 

background check report; and 

(6) the Applicant or Licensee must report any felony convictions relating to 

controlled substances under state or Federal law to the [DEPARTMENT/TRIBE] 

within five (5) business days of receiving notice of such conviction. 5 

5 Model plan provisions relating to criminal background checks, program participation eligibility, and required 

disclosures and reporting are based on the enumerated requirements set forth in the 2018 farm bill and may be 

subject to change if necessary to comply with USDA rules which have not yet been promulgated. Further clarity 

in USDA regulation is necessary to determine the scope and necessity of required disclosures and reporting 

relating to criminal background checks and program participation eligibility criteria. 

10 
 

 

 

 

 

 

 

 

 

 

F. All licenses issued shall be valid for one (1) year from date of issuance, unless 

otherwise extended, or revoked at an earlier date pursuant to Section VI or other 

[DEPARTMENT/TRIBE]-issued rule. 

G. Current and valid licenses may be renewed annually or as otherwise determined by the 

[DEPARTMENT/TRIBE] by submitting a renewal application to the Commissioner on 

a form provided by the [DEPARTMENT/TRIBE] no later than thirty (30) days prior to 

the date of the license expiration. 

VI. ELIGIBILITY 

A. Any Person convicted of a felony relating to a controlled substance under state or 

Federal law shall be ineligible, during the ten (10)-year period following the date of the 

conviction, to receive licensure as a Hemp Grower in the State Hemp Program, unless 

that Person was already licensed, registered, or authorized to produce Hemp in this 

jurisdiction prior to January 1, 2019. 6 

B. A Licensee that negligently violates this Chapter three (3) times in a five (5) year 

period shall be ineligible to participate in the [STATE/TRIBAL] Hemp Program for a 

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

C. Any Person who materially falsifies any information contained in an application to 

participate in the [STATE/TRIBAL] Hemp Program shall be ineligible to participate in 

the [STATE/TRIBAL] Hemp Program. 

VII. FEES 

A. In addition to submitting a Hemp Grower license application, each Applicant shall 

submit the application fee set by the [DEPARTMENT/TRIBE]. 

B. The [DEPARTMENT/TRIBE] may set and collect additional fees, including license, 

renewal, and testing fees, in amounts that are reasonable and necessary to cover the 

costs of administering and enforcing the [STATE/TRIBAL] Hemp Program. 

C. Application fees shall not cover or include the cost of obtaining and submitting a 

criminal background check report. 

VIII. INSPECTIONS 7 

A. The [DEPARTMENT/TRIBE] shall have authority to conduct random inspections of 

Hemp Growers and all Registered Land Areas to verify compliance with all 

requirements of the license issued. Inspection may include sampling by 

[DEPARTMENT/TRIBE] inspectors for testing to determine Hemp or Hemp Product 

THC levels or any other [DEPARTMENT/TRIBE]-defined purpose. 

6 See footnote 5. 7 2018 Farm Bill State Plan Requirement #5: “a procedure for conducting annual inspections of, at a minimum, a 

random sample of hemp producers to verify that hemp is not produced in violation of this subtitle[.]” 

11 
 

 

 

 

B. Inspection visits may be conducted at any time during regular business hours. 

Inspectors shall be granted unrestricted access to the Registered Land Area(s). 

C. All samples collected by the [DEPARTMENT/TRIBE] shall become the property of 

the [DEPARTMENT/TRIBE] and no compensation shall be owed by the 

[DEPARTMENT/TRIBE] for such samples. 

D. The [DEPARTMENT/TRIBE] shall keep test results for all Hemp and Hemp Products 

tested for a minimum of three (3) years. 

IX. LAND USE RESTRICTIONS AND SITE MODIFICATION 

A. A Licensee shall not Cultivate Hemp on any site not listed in a valid 

[DEPARTMENT/TRIBE]-approved Grow Site registration. 

B. Any Licensee that wishes to alter its Registered Land Area shall, before altering the 

Registered Land Area, submit to the [DEPARTMENT/TRIBE] an updated legal 

description, GPS location, and map specifying the proposed alterations on a form 

determined by the [DEPARTMENT/TRIBE]. No modifications to the Registered Land 

Area may be made without prior written approval to the [DEPARTMENT/TRIBE]. 

C. No Registered Land Area may be included in more than one (1) Grow Site registration 

at the same time, and no Hemp plant shall be included in more than one (1) Grow Site 

registration simultaneously. 

X. TRANSPORTATION REQUIREMENTS 

The Licensee or other Person responsible for the transportation of a Hemp Crop must ensure that 

the following documentation accompanies the Hemp Crop at all times during transport: 

A. a copy of the Hemp Grower license that corresponds to the Registered Land Area from 

which the Hemp originated; 

B. a copy of the pre-harvest test results that correspond to the Harvest Lot in transit as 

identified by the Harvest Lot Identifier that accompanies the Hemp; 

C. a copy of a transport manifest that includes all information required to be documented 

by the [DEPARTMENT/TRIBE]; and 

D. any other documentation that may be required by the [DEPARTMENT/TRIBE] or the 

USDA. 

XI. COMPLIANCE AND ENFORCEMENT 

A. Licenses cannot be assigned or transferred to another Person, unless first approved by 

the [DEPARTMENT/TRIBE] in writing. 

12 
 

 

 

 

 

 

 

B. Hemp Growers shall provide the [DEPARTMENT/TRIBE]’s inspector complete and 

unrestricted access to all plants, parts, and seeds within a Registered Land Area, 

whether growing or harvested, and all land, buildings and other structures used for the 

Cultivation of Hemp, and all documents and records pertaining to the Licensee’s Hemp 

business. 

XII. REQUIRED RECORDKEEPING AND REPORTING 8 

A. [DEPARTMENT/TRIBE] Recordkeeping and Reporting: 

(1) The [DEPARTMENT/TRIBE] shall retain for a period of at least three (3) 

calendar years, all information required to be collected by Section V of this 

Chapter, for every Registered Land Area approved by the 

[DEPARTMENT/TRIBE]. 

(2) Within thirty (30) days after the date on which the information is received, the 

[DEPARTMENT/TRIBE] shall submit to the U.S. Secretary of Agriculture the 

following information for each Hemp Grower in the State: 

(a) contact information for each Hemp Grower, including the legal entity name, 

full name of all authorized representatives, the street address of each 

Registered Land Area, the business telephone number, and email address of 

each Licensee; 

(b) a legal description of the Registered Land Area; and 

(c) the status of a license or other required authorization from the 

[DEPARTMENT/TRIBE]. 

B. Licensee Recordkeeping and Reporting: 

(1) Hemp Growers must report any changes of contact information to the 

[DEPARTMENT/TRIBE] in writing within fourteen (14) days of the change. 

(2) Planting Report: Within fourteen (14) days after planting any Hemp, each Hemp 

Grower shall submit, on a form provided by the Commissioner, a Planting Report 

that includes the GPS coordinates and a map showing the location and actual 

acreage or square feet of Hemp planted. 

(3) Pre-Harvest Notification: At least fourteen (14) days prior to harvest, each Hemp 

Grower shall submit a Pre-Harvest Notification, on a form provided by the 

Commissioner that includes the projected harvest date(s) and location(s) of each 

Variety of Hemp Cultivated within a Registered Land Area. A Hemp Grower 

8 2018 Farm Bill State Plan Requirement #1 continued: “a practice to maintain relevant information regarding 

land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the 

land, for a period of not less than 3 calendar years[.]” 

13 
 

 

 

 

must notify the Commissioner immediately of any changes in the reported harvest 

date(s) in excess of seven (7) days. 

(4) Post-Harvest Report: Within fourteen (14) days post-harvest, each Hemp Grower 

shall submit a Post-Harvest Report, on a form provided by the Commissioner that 

includes the actual harvest date(s) and location(s) of each Variety of Hemp 

harvested within a Registered Land Area. A Hemp Grower is not required to 

document the removal of male Hemp plants on a Post-Harvest Report provided 

that the male Hemp plants are destroyed or utilized on the Registered Land Area 

and are not transferred or sold. 

(5) A Hemp Grower must retain all documentation of sampling and testing for at least 

three (3) years in a manner such that it can be readily provided to the 

[DEPARTMENT/TRIBE] upon request. 

XIII. PROCEDURE FOR SAMPLING AND TESTING 9 

A. A Hemp Grower must arrange for and ensure the sampling of each Harvest Lot no more 

than twenty-eight (28) days prior to harvest for the purpose of ensuring that the Harvest 

Lot does not exceed permissible THC concentration levels on a dry weight basis. 

B. A Hemp Grower shall not remove a Harvest Lot from a Registered Land Area that has 

not been sampled and tested for compliance in accordance with this Section. 

C. Compliance and safety testing for Hemp and Hemp Products required by these rules 

shall be conducted by independent laboratories accredited to ISO/IEC 17025, the 

standard published by the International Organization for Standardization (the “ISO”) 

titled “General requirements for the competence of testing and calibration laboratories,” 

or an accreditation standard approved by the [DEPARTMENT/TRIBE]. 

D. Except for samples collected by the [DEPARTMENT/TRIBE] for compliance, 

inspection, and auditing purposes, all samples collected to determine compliance with 

these rules shall be collected by the Hemp Grower, laboratory employees, or third-party 

contractors in accordance with procedures for statistical representation established by 

the [DEPARTMENT/TRIBE] in consultation with relevant government, public health, 

and industry experts. 

E. For each sample tested pursuant to this Section, the Hemp Grower shall obtain from a 

laboratory a certificate of analysis that includes, at a minimum, the following 

information: 

(1) general information identifying that the Hemp that is the subject of the certificate 

of analysis is the product of a sample tested by the independent testing laboratory; 

9 2018 Farm Bill State Plan Requirements #2: “a procedure for testing, using post-decarboxylation or other 

similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or the 

territory of the Indian Tribe[.]” 

14 
 

 

 

 

 

 

(2) the date the Hemp was sampled, the date testing was performed, and methodology 

used to analyze the sample; 

(3) the THC concentration contained in the test sample; and 

(4) a statement indicating whether the sample contained a THC concentration of not 

more than the Federally Defined THC Level For Hemp. 

F. The required number and size of samples shall be determined in accordance with 

[DEPARTMENT/TRIBE] established procedures for statistical representation. 

G. Nothing in this Section shall prevent a Hemp Grower from voluntarily collecting 

samples and testing Hemp for quality assurance and research and development 

purposes. 

H. A Hemp Grower may apply to the [DEPARTMENT/TRIBE] for retesting and/or 

resampling of any non-compliant Harvest Lot, which may be approved or denied at the 

[DEPARTMENT/TRIBE]’s discretion. 

XIV. PROCEDURE FOR DISPOSAL OF NON-COMPLIANT PLANTS AND 

PRODUCTS 10 

A. Hemp that tests higher than the Federally Defined THC Level For Hemp shall be 

disposed of by the Hemp Grower in compliance with [DEPARTMENT/TRIBE] rules 

and all applicable federal, state and local laws, regulations, rules and other 

requirements. 

B. If a Harvest Lot tests higher than the Federally Defined THC Level For Hemp the 

Harvest Lot shall be promptly disposed of by the Hemp Grower according to the 

following disposition: 

(1) Hemp stalks (denuded) may be harvested, processed and used for fiber and/or any 

other lawful purpose; and 

(2) Hemp seed may be harvested, Processed, and rendered non-viable for food 

products, provided it is sourced from Hemp grown with seed certified pursuant to 

the [DEPARTMENT/TRIBE]’s Seed Certification Program, or that has otherwise 

received certification by other seed agencies recognized by the 

[DEPARTMENT/TRIBE]. 

C. All Hemp plant material not disposed of pursuant to XIV(B)(1) and (B)(2) must be 

destroyed or utilized on site in a manner approved of and verified by the 

[DEPARTMENT/TRIBE]. 

10 2018 Farm Bill State Plan Requirement #3: “a procedure for the effective disposal of plants, whether growing 

or not, that are produced in violation of this subtitle; and products derived from those plants[.]” 

15 
 

 

 

D. Hemp Growers shall have fourteen (14) calendar days from the date of notification of 

test results higher than the Federally Defined THC Level For Hemp to contact the 

[DEPARTMENT/TRIBE] in writing and apply for retesting or propose a method for 

destruction or on-site utilization. Methods of destruction or on-site utilization may 

include, but are not limited to, incineration, composting, tilling into the soil, or grazing 

by livestock. 

E. Hemp subject to destruction or on-site utilization pursuant to this Section shall not be 

removed from the Registered Land Area unless otherwise authorized by the 

[DEPARTMENT/TRIBE]. 

F. With the exception of Hemp seeds rendered non-viable pursuant to this rule, all Hemp 

subject to destruction or on-site utilization pursuant to this rule shall not be added to or 

Processed into any Consumable Product. 

G. The Hemp Grower shall provide any and all evidence requested by the 

[DEPARTMENT/TRIBE] to verify disposal to the satisfaction of the 

[DEPARTMENT/TRIBE]. 

XV. VIOLATIONS 11 

A. A violation of this Chapter shall be subject to enforcement solely in accordance with 

this Section. 

B. Negligent Violation. 

(1) A Hemp Grower shall be subject to Section XV(B)(2) if the 

[DEPARTMENT/TRIBE] determines that the Hemp Grower has negligently 

violated the requirements of this Chapter, including by negligently: 

(a) failing to provide a legal description of land on which the Hemp Grower 

Cultivates Hemp; 

(b) failing to obtain a license or other required authorization from the 

[DEPARTMENT/TRIBE], as applicable; and 

(c) producing Cannabis sativa L. with a THC concentration of more than the 

Federally Defined THC Level For Hemp. 

(2) A Hemp Grower described in this Section XV(B)(1) shall comply with a plan 

established by the [DEPARTMENT/TRIBE] to correct the negligent violation, 

including: 

11 2018 Farm Bill State Plan Requirement #4: “a procedure to comply with the enforcement procedures under 

subsection (e)[.]” 

16 
 

 

(a) a reasonable date by which the Hemp Grower shall correct the negligent 

violation; and 

(b) a requirement that the Hemp Grower shall periodically report to the 

[DEPARTMENT/TRIBE] on the compliance of the Hemp Grower with this 

Chapter for a period of not less than the next two (2) calendar years. 

(3) A Hemp Grower that negligently violates this Chapter under Section XV(B)(1) 

shall not, as a result of that violation, be subject to any criminal enforcement 

action by the Federal Government or any State government, Tribal government, 

or local government. 

(4) A Hemp Grower that negligently violates this Chapter under Section XV(B)(1) 

three (3) times in a five (5)-year period shall be ineligible to produce Hemp for a 

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

C. Other Violations. 

(1) If the [DEPARTMENT/TRIBE] determines that a Hemp Grower in the 

[STATE/TERRITORY] has violated this Chapter with a culpable mental state 

greater than negligence, the [DEPARTMENT/TRIBE] shall immediately report 

the Hemp Grower to: 

(i) the United States Attorney General; and 

(ii) the [CHIEF LAW ENFORCEMENT OFFICER OF THE 

STATE/TERRITORY/TRIBE]; and 

(2) Section XV(A) shall not apply to the violation. 

17 
 

 

 

________________________ 

SAMPLE CERTIFICATION 

[INSERT DEPARTMENT OF AGRICULTURE LETTERHEAD] 

Hemp Program Certification 

by [Insert Commissioner of Agriculture’s Full Name], 

Commissioner of Agriculture 

Pursuant to Section 297B(a)(2)(A)(vii) of the Agriculture Improvement Act of 2018, I certify 

that the [INSERT JURISDICTION] Department of Agriculture has the resources and personnel 

necessary to carry out each of the practices and procedures identified in Section 297B(a)(2) of 

the Act. 

Date: [INSERT DATE] 

Respectfully, 

[Signature of Commissioner] 

18 
 

 

 

 

STATES WITHOUT CURRENT HEMP LEGISLATION 

Suggested Department of Agriculture Responsibilities and Authorizations 

I. RESPONSIBILITIES OF THE DEPARTMENT 

A. The Department shall adopt rules for the purpose of administering this Chapter, to bring 

about uniformity between the standards for Hemp production established under this 

Chapter and the standards established by Federal law, including but not limited to, the 

practices and procedures described in (i) through (vi) of Sec. 297B(2)(A) of the 

Agricultural Marketing Act of 1946 as amended in Section 10113 of the 2018 Farm 

Bill. 

B. In addition to any other powers vested in it by law, the Department shall have the 

authority and power to promulgate administrative regulations, in consultation with 

relevant public agencies and private industry associations that promote standards, best 

practices and self-regulation. These regulations shall: 

(1) prescribe rules for licensing persons who wish to participate in the State Hemp 

Program; 

(2) prescribe rules for an Institution of Higher Education’s participation in, or 

affiliation with, the State Hemp Program; 

(3) prescribe inspection, sampling, and testing procedures to ensure that Hemp and 

Hemp Products produced under the authority of this Chapter do not exceed the 

THC compliance threshold, and provide for an appeal process to protect 

Licensees against inaccurate test results; 

(4) prescribe enforcement rules and a penalty schedule for violations of any provision 

of this Chapter or an administrative regulation, and provide fair due process for 

participants in the State Hemp Program; 

(5) prescribe a schedule of reasonable non-refundable fees for administering the State 

Hemp Program, including license application and renewal fees, and plant sample 

and testing fees in amounts comparable to fees associated with the production of 

other crops; and 

(6) prescribe rules for record retention, maintenance, and reporting by Licensees and 

the Department; and 

(7) collect, retain, and report information about the land on which Hemp is produced. 

C. Authority to regulate the manufacture of Hemp Ingredients and/or Hemp Products shall 

be accorded to the state agency responsible for regulation of the commodity to which 

the Hemp Product is most alike, or as otherwise determined by the Department; 

19 
however, any regulations adopted by the Department or such other agencies must, at a 

minimum reflect the following principles: 

(1) the inclusion of Hemp as an ingredient in a Consumable Product shall not by itself 

render the product misbranded or adulterated; 

(2) the Department of Health (or other appropriate state agency) shall make available 

any and all customary authorizations to any Person which Cultivates or Processes 

Hemp; 

(3) Hemp Products may be legally transported consistent with U.S. Federal law and 

the laws of the respective foreign nations, as applicable; and 

(4) retailers of Hemp Products shall be provided fair notice of potential violations, as 

well as due process and opportunities to cure violations if made unintentionally or 

negligently. 

20