July 31, 2020

The Honorable Sonny Perdue

United States Department of Agriculture

1400 Independence Ave., S.W.

Washington, DC 20250

RE: Maryland State Hemp Plan

Dear Secretary Perdue:

The Maryland Department of Agriculture is pleased to submit for your review the Maryland State Hemp 

Plan.

Attached please find a copy of Maryland’s Hemp Farming Program Regulations.I am confident that these 

regulations meet the requirements for State and Tribal Hemp Plans. They include a plan to maintain relevant 

producer and land information. This includes maintaining and providing to USDA contact and real-time 

information for each hemp producer licensed in the state. The regulations also include a plan to ensure that 

the sampling and testing of hemp is effective. This includes ensuring that the sampling represents a 

homogenous composition of the lot and that the method for testing the delta-9-THC concentration levels of 

hemp is reliable (less than 0.3%). In addition, these regulations include a plan to dispose of hemp that 

exceeds the acceptable THC level, a plan to inspect hemp producers to verify that hemp is not being 

produced in violation of State and federal law, and a plan to comply with enforcement procedures including 

the issuance of a Correction Action Plan stemming from negligent violations. 

Please note that the Maryland State Hemp Plan has been approved by the Governor’s Office and the Office 

of the Attorney General for the State of Maryland.

Finally, I certify that the State of Maryland has the resources and personnel to carry out the practices and 

procedures described in clauses (i) through (vi) of § 297B(2)(A) of the Agricultural Marketing Act of 1946 

as amended in § 10113 of the 2018 Farm Bill. In summary, I believe that the State of Maryland has the 

capability to administer a hemp production program with the integrity and oversight that is needed. 

Joseph Bartenfelder

Secretary

Maryland Department of Agriculture

C: William Richmond

Chief, U.S. Hemp Production Program

Kevin Conroy 

Assistant Secretary 
Title 15 

MARYLAND DEPARTMENT OF AGRICULTURE

Subtitle 01 OFFICE OF THE SECRETARY

15.01.17 Hemp Farming Program

Authority: Agriculture Article, §14-307, Annotated Code of Maryland 

.01 Purpose.

This chapter explains the Maryland Department of Agriculture’s Hemp Farming Program, which licenses and 

regulates the production of hemp in the State. This chapter does not apply to an institution of higher education or a 

person who produces hemp under the Hemp Research Pilot Program. As required by State law, the Program has been 

approved by the United States Department of Agriculture. 

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined. 

(1) “Acceptable hemp THC level” means the application of the measurement uncertainty to the reported delta-9 

tetrahydrocannabinol content concentration level on a dry weight basis producing a distribution or range that includes 

0.3 percent or less.

(2) “Applicant” means a person, or for a business entity, a person authorized to act on behalf of the business 

entity, who applies to the Department to become a licensed hemp grower in the State.

(3) “Authorized agent” means a USDA-approved sampling agent approved by the Department to sample hemp 

under the Program.

(4) “Authorized laboratory” means a laboratory that is: 

(a) DEA registered; or

(b) Accredited to ISO17025:2017.

(5) Cannabis.

(a) “Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a 

species, and Cannabis indicia and Cannabis ruderalis are subspecies thereof.

(b) “Cannabis” includes any form of the plant in which the delta-9-tetrahydrocannabinol concentration on a 

dry weight basis has not yet been determined.

(6) “CBD” means cannabidiol.

(7) “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. 

(8) “Culpable mental state greater than negligence” means to act intentionally, knowingly, willfully, or 

recklessly.

(9) “Cultivate” means to plant, water, grow, or harvest a plant or crop.

(10) “DEA” means the United States Drug Enforcement Administration.

(11) “Decarboxylated” means the completion of the chemical reaction that converts THC-A into delta-9-THC, 

the intoxicating component of cannabis. The decarboxylated value may also be calculated using a conversion formula 

that sums delta-9-THC and THC-A.

(12) “Decarboxylation” means the removal or elimination of a carboxyl group from a molecule or organic 

compound.

(13) “Delta-9-THC” or “THC” means delta-9-tetrahydrocannabinol concentration, the primary intoxicating 

component of cannabis.

(14) “Department” means the Maryland Department of Agriculture.

(15) “Disposal” or “destruction” means the procedure to render a plant or a product derived from such plant 

unusable by burning, incorporating with other materials, or other methods approved by the Department consistent with 

USDA guidelines.

(16) “Dry weight basis” means the ratio of the amount of dry solid in a sample after drying to the total mass of 

the sample before drying, including the moisture in a sample. 

(17) “GPS” means Global Positioning System.

(18) “Growing area” means either an outdoor or an enclosed indoor area where hemp is cultivated.

(19) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including all derivatives, extracts, 

cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol 

concentration that does not exceed 0.3 percent on a dry weight basis.

(20) Key Participant.

(a) “Key participant” means a sole proprietor, a partner in partnership, or a person with executive managerial 

control in a corporation, such as a chief executive officer or chief operating officer.
(b) “Key participant” does not include a nonexecutive manager, such as a farm, field, or shift manager.

(21) “Law enforcement agency” means the Maryland State Police, DEA, or other federal, state, or local law 

enforcement agency or drug suppression unit.

(22) “License” means written authorization by the Department permitting a person to cultivate, store, handle, or 

market hemp in the State.

(23) Licensed Area.

(a) “Licensed area” means the land area shown in an approved licensing application, or, subsequently, in an 

approved site modification plan, on which a hemp grower plans to cultivate, store, or handle hemp.

(b) “Licensed area” includes growing areas, storage facilities, and other areas that are to be used in the 

grower’s hemp operation.

(24) “Licensed grower” means a person possessing a license issued by the Department under the authority of this 

chapter to cultivate, store, handle, or market hemp.

(25) “Lot” means a contiguous area in a field, greenhouse, or indoor facility growing the same variety or strain of 

hemp that was planted at the same time throughout this area.

(26) “Map” means a diagram depicting all borders of the hemp operation, including the nearest roads to aid in 

orientation, the cardinal direction north, and the boundaries of the legally described parcel on which the hemp operation 

is located. 

(27) “Measurement uncertainty” or “MU” means the parameter associated with the result of a measurement that 

characterizes the dispersion of the values that could be reasonably attributed to the measurement.

(28) Negligent Violation.

(a) “Negligent violation” means a failure to exercise the level of care that a reasonably prudent person would 

exercise in complying with the requirements of this chapter.

(b) “Negligent violation” does not include intentional misconduct.

(29) “Nonmarketable hemp” means hemp that exceeds the acceptable hemp THC level.

(30) “Official sample” means the pre-harvest hemp sample collected by the Department, in accordance with 

Department policy, which is used to assess the THC concentration of a single lot of hemp.

(31) “Person” means an individual, partnership, corporation, limited liability company, association, or any 

business entity by whatever name designated and whether or not incorporated unless the context clearly indicates 

otherwise.

(32) “Program” means the Hemp Farming Program established under this chapter.

(33) “Propagule” means a plant or plant part that can be utilized to grow a new plant.

(34) “THC-A” means tetrahydrocannabinolic acid, a precursor to THC.

(35) “USDA” means the U.S. Department of Agriculture.

(36) “Variety” means a group of plants or an individual plant that exhibits a distinctive observable physical 

characteristic or has a distinct genetic composition.

(37) “Volunteer plant” means a hemp plant that was not intentionally planted by the person licensed to grow 

hemp, but results from a previous crop, growing on its own accord from seeds or roots in the years following an 

intentionally planted hemp crop.

.03 Prohibition Against Growing or Producing Hemp Without a License. 

A person may not cultivate or produce hemp under the Program unless the person is licensed by the Department in 

accordance with this chapter.

.04 Contents of Application and Licensing Terms.

A. Contents. To obtain a license to cultivate or produce hemp under the Program, a person shall annually submit a 

signed, complete, accurate, and legible Departmental application that provides:

(1) The applicant’s full name, business or residential address, telephone number, and email address (if the 

applicant is a business entity, the full name of the business, the address of the principal business location, the full name 

and title of key participants, the email address of that business, and EIN number of the business);

(2) The legal description of the land on which the hemp operation is proposed;

(3) The GPS coordinates for the land on which the hemp operation is proposed;

(4) A map of the land owned or controlled by the person to be licensed, showing the location, boundaries, and 

dimensions (in acres or square feet) of:

(a) If hemp is grown indoors, the green house or indoor facility used to grow hemp;

(b) If hemp is grown outdoors, each field (by field number) where hemp will be grown (clearly indicating the 

names or lot numbers of all lots and planning locations) and the entrance to each field; 

(c) The facility used to store hemp post-harvest; and

(d) Others fields or facilities to be used in the hemp operation;

(5) The portion or portions of the hemp plant or flower that the applicant intends to market, that is, seed, grain, 

fiber, hurd, or CBD;

(6) A certification that the applicant is at least 18 years of age;

(7) A criminal background report of the applicant and other key participants, prepared by the Federal Bureau of 

Investigation, dated no more than 60 days before the date of the applicant’s application; and 
(8) Documentation showing that the applicant has the legal right to cultivate hemp on the land (the proposed 

licensed area) and the legal authority to grant the Department access for inspection and sampling, including deeds, 

leasing agreements, written agreements by a landowner, or other appropriate documentation.

B. The Department shall provide the applicant a reasonable opportunity to amend an application that is insufficient 

or to resolve any minor violations of this chapter.

C. Site Modification. A licensed grower may apply to the Department to alter the approved licensed area. To 

accomplish this, the licensed grower shall pay the site modification fee and submit a signed, complete, accurate, and 

legible Departmental application at least 15 days before the proposed modification that includes: 

(1) An updated legal description of the land that will comprise the hemp operation; 

(2) Updated GPS coordinates that will comprise the hemp operation; and 

(3) An updated map providing the information required under §A(4) of this regulation. 

D. Licensing Terms. By signing and submitting the application, the applicant agrees to abide by the following 

licensing terms: 

(1) The licensed grower shall fully cooperate and assist the Department with all aspects of the administration and 

enforcement of the Program, including, but not limited to, the application, license, reporting, inspection, and sampling 

processes;

(2) The licensed grower shall permit the Department or any other law enforcement agency to enter the property 

for the purpose of collecting, sampling, or inspecting hemp plants in the licensed area, whether in the field or in 

storage, during the licensing period or in the immediate 30-day time period after the license has expired or is suspended 

or surrendered; 

(3) If hemp plants test greater than 0.3 percent THC or otherwise do not comply with this chapter, the licensed 

grower shall inspect the property post-harvest and, for the following growing season, pre-harvest, and destroy, as 

directed by the Department, any volunteer plants;

(4) The licensed grower shall maintain all records pertaining to hemp production for a minimum period of 3 

years, including, but not limited to, the following records:

(a) Planting records;

(b) Harvesting records;

(c) Sampling and testing records; and 

(d) Records pertaining to the disposal of noncompliant hemp;

(5) The licensed grower shall keep the records required under §D(4) of this regulation in the State and make them 

available during normal business hours for copying and inspection by the Department or other law enforcement 

agencies;

(6) The licensed grower shall submit all required reports by the applicable due dates specified by the Department;

(7) The licensed grower shall name an in-State agent for the receipt of notices in enforcement actions for records 

and other matters;

(8) The licensed grower shall notify the Department within 15 days of any changes to the hemp grower’s 

operation, including planting, harvesting, testing, or sampling, or any changes to the license holder’s address or other 

contact information; and

(9) The licensed grower shall pay any fees as required by this chapter. 

E. Required Certification. The applicant shall certify that the contents of the application are true and correct and that,

when licensed, the grower will comply with all of the Department’s reporting requirements and those of USDA and all 

other regulatory and statutory requirements for producing hemp under the Program.

F. Grounds for Denying Licensure. The Department may not issue a license to a person to grow hemp under the 

Program if the person:

(1) Has a felony conviction under state or federal law related to a controlled substance during the 10-year period 

preceding the date of application;

(2) Provides materially false or misleading information in the application; or

(3) Has not met the requirements of this chapter.

.05 Licensing Period.

A person may apply to become a licensed grower at any time during a calendar year. Unless suspended or revoked, a 

license to grow hemp under the Program is valid from the date it was issued through December 31 of the same year. To 

ensure continuity of the license, a licensed grower shall submit to the Department an application to renew the person’s 

license no later than December 1 of the year that the license is due to expire. A license issued under this chapter may 

not be assigned or transferred to another person under any circumstances.

.06 Fees. 

The following nonrefundable fees apply to hemp growers:

A. An annual application fee — $50;

B. An annual license fee — $500;

C. A fee for each additional location owned or controlled by a grower with a different mailing address — $500;

D. A fee each time that the Department samples and tests official samples for THC — $250; and

E. A site modification fee if the GPS coordinates listed in the application are changed — $250.
.07 Prohibited Acts.

A. A licensed grower may not:

(1) Grow or store hemp in a structure that is used for residential purposes; 

(2) Plant, grow, or store hemp on any site that is not located within the licensed area;

(3) Display or exhibit live hemp plants, viable seeds, or floral materials at trade shows, county fairs, or

educational or other similar events without written permission from the organizer of the event;

(4) Allow unsupervised public access to hemp plots or plantings;

(5) Sell, transfer, or permit the sale or transfer of living hemp plants or viable hemp seeds to any person in the 

State who does not hold a license issued by the Department;

(6) Sell, transfer, or permit the sale or transfer of living plants, viable seeds, leaf material, or floral material to any 

person in another state who is not authorized by the laws of that state to own or otherwise possess such products;

(7) Comingle hemp plant material from one lot with hemp plant material from other lots unless the lots have been 

tested and deemed compliant with this chapter;

(8) Place in the stream of commerce any hemp grown in a lot that has a noncompliant THC level;

(9) Provide false or misleading information in any report, record, or other document required under this chapter 

or during the course of an inspection conducted under this chapter;

(10) Hinder or obstruct an authorized agent of the Department or any other law enforcement officer from entering 

the licensed area for the purpose of collecting, sampling, or inspecting hemp; 

(11) Violate any of the provisions of this chapter, including, but not limited to, the licensing terms set forth in 

Regulation .04 of this chapter; or

(12) Violate any applicable laws and regulations relating to the use and development of the land for hemp 

production.

B. There is no distance requirement, limitation, or buffer zone between licensed growers and between licensed 

growers and medical cannabis growers licensed under §13-3306 of the Health-General Article. No rule may establish 

such a distance requirement, limitation, or buffer zone without the Department’s evaluation, in consultation with the 

Natalie M. LaPrade Medical Cannabis Commission, of sufficient scientific data showing impacts to either crop as a 

result of cross-pollination.

.08 Grower Reporting Requirements.

A. Field Planting Report. 

(1) Within 10 days after planting, a licensed grower shall submit to the Department a signed, complete, accurate, 

and legible Departmental Field Planting Report that includes:

(a) The licensed grower’s full name and contact information; 

(b) The license number;

(c) The planting date and anticipated harvest date; 

(d) The hemp’s variety name;

(e) The field location ID listed in the application;

(f) An updated detailed map depicting any changes; and

(g) The primary intended use of the harvested hemp for each planting. 

(2) A licensed grower who does not plant hemp in an approved outdoor growing area listed in the application 

shall submit a Field Planting Report on or before July 31, stating that hemp has not and will not be planted at that site. 

(3) If a replanting of seeds or propagules occurs, the licensed grower shall complete and submit to the 

Department a new Field Planting Report within 10 days after the planting, providing the information required under 

this section.

B. Indoor Planting Report. 

(1) Within 10 days after establishing plants at an indoor location, a licensed grower shall submit to the 

Department a signed, complete, accurate, and legible Departmental Greenhouse/Indoor Planting Report that includes:

(a) The licensed grower’s full name and contact information; 

(b) The license number; 

(c) The planting date and anticipated harvest date; 

(d) The hemp’s variety name; and 

(e) The primary intended use of the harvested hemp of each planting.

(2) The licensed grower shall submit this report each time hemp is planted in, moved within, or moved into a 

licensed area, except for replanting into a larger container within the same indoor location. 

(3) In addition to completing the initial Greenhouse/Indoor Planting Report, the licensed grower shall submit to 

the Department quarterly reports for each location ID to the Department no later than March 31, June 30, September 

30, and December 31. 

C. Pre-Harvest Report. 

(1) At least 5 days before the expected harvest date of a hemp crop, a licensed grower shall submit to the 

Department a signed, complete, accurate, and legible Departmental Pre-Harvest Report that includes:

(a) The licensed grower’s full name and contact information; 

(b) The license number; and 
(c) The anticipated date range for initiating and completing harvest, shown by lot, and, if the crop is being 

grown outdoors, a map designating the location of the lot or lots being harvested. 

(2) If more than one harvest date is being reported for lots within a growing area, the map shall designate the 

locations of the lots, and the intended harvest dates that are to be harvested under the Pre-Harvest Report.

(3) If a licensed grower fails to submit a Pre-Harvest Report and proceeds to harvest a crop before a sample is 

collected by the Department, the Department may suspend or revoke the person’s license.

D. Postharvest Report. Within 15 days after a harvest of a lot is complete, the licensed grower shall submit to the 

Department a signed, complete, accurate, and legible Departmental Postharvest Report that includes:

(1) The licensed grower’s full name and contact information; 

(2) The license number; and 

(3) The independent harvest date of each lot. 

E. Destruction Report. Within 48 hours after crop destruction or as ordered by the Department, the licensed grower 

shall submit to the Department a signed, complete, accurate, and legible Departmental Destruction Report that includes:

(1) The licensed grower’s full name and contact information; 

(2) The license number;

(3) The disposal date of each lot destroyed; and

(4) The method of destruction. 

F. Annual Production Report. A licensed grower shall submit to the Department a signed, complete, accurate, and 

legible Departmental Annual Production Report by December 1 of each year that provides the following information:

(1) The licensed grower’s full name and contact information; 

(2) The license number;

(3) The acreage or amount of greenhouse space planted, the planting date, the harvest date, and the varieties 

grown; and

(4) The weight and type of plant material harvested and the plant material being stored and the location of its 

storage as of the date of the report.

G. Hemp Crop Acreage Report to Farm Service Agency. A licensed grower shall report information pertaining to 

the grower’s hemp operation with USDA, Farm Service Agency, as required under federal law. This information may 

include:

(1) The license number that the Department issued to the licensed grower;

(2) The street address where licensed grower is producing hemp;

(3) The geospatial location of each lot or greenhouse where hemp will be produced;

(4) If hemp is grown outdoors, the hemp crop acreage, including the total acreage planted and harvested, and, if 

any portion of the crop is disposed of, the amount; and

(5) If hemp is grown indoors, the indoor square footage or acreage dedicated to the production of hemp.

H. Drug Felony Conviction Report. 

(1) Within 15 days of conviction of a disqualifying felony offense, a licensed grower shall inform any colicensees and submit to the Department a signed, complete, accurate, and legible Departmental Drug Felony Conviction 

Report that includes:

(a) The license number; 

(b) The date of conviction; and

(c) An acknowledgement that all co-licensees have been informed of the disqualifying offense, if applicable, 

and the co-licensees have assumed full responsibility for the hemp crop.

(2) Failure to report the disqualifying offense may result in an order of destruction. 

I. Record-Keeping Requirements. A licensed grower shall keep and maintain for at least 3 years all information that 

supports, verifies, or documents all reports required under this regulation. 

.09 Regulatory Inspections of Hemp Operations.

A. Annual Inspections. The Department shall conduct annual inspections of, at a minimum, a random sample of 

licensed growers and collect regulatory samples of hemp to verify that hemp is not being produced in violation of this 

chapter. The Department shall conduct these inspections during normal business hours. The Department may conduct 

these inspections without notice. 

B. Additional Inspections. If the Department has reason to believe that a violation of the Program is occurring, it 

may conduct such additional regulatory inspections of a licensed grower’s operation and sampling of hemp it deems 

appropriate. The Department shall conduct these inspections during normal business hours. It may conduct these 

operations without notice. 

C. Sampling and Testing Regulatory Samples. When conducting regulatory sampling and testing of hemp under §§A

and B of this regulation, the Department shall follow the official sampling methodology and testing requirements set 

forth in Regulation .10 of this chapter.

.10 Sampling and Testing for THC.

A. A licensed grower may request the Department or an authorized agent to collect official samples of hemp for 

testing under §D of this regulation. 
B. Official Sampling Methodology. To ensure a confidence level of 95 percent that no more than 1 percent of the 

plants in a lot exceeds the acceptable hemp THC level, official samples collected by the Department or an authorized 

agent shall be done in accordance with the Department’s sampling methodology, which requires that:

(1) Samples shall be collected by the Department or an authorized agent;

(2) Samples selected shall be solely determined by the Department or authorized agent; 

(3) Samples shall be from the flower material of the hemp plant;

(4) Samples shall represent a homogeneous composition of the lot being collected, and a minimum of two 

samples from each lot shall be collected (the number of plants selected for sampling will be dependent on the size of 

the growing area);

(5) Samples of hemp plant material from one lot may not be commingled with hemp plant material from other 

lots;

(6) Samples shall be collected during the growing season and before harvest;

(7) When a scheduled sampling occurs, the grower or an authorized grower representative shall be present at the 

growing site;

(8) The grower shall provide the Department or an authorized agent complete and unrestricted access to all hemp 

plants and all locations listed in the application; 

(9) The grower or authorized agent shall take any other action that the Department deems necessary to ensure that 

the stated confidence level is met;

(10) If the licensed grower fails to complete the harvest within 15 days, a new sample of the lot shall be collected 

for testing purposes following the procedures set forth in this regulation;

(11) The Department or authorized agent shall place the composite representative sample in a properly labeled 

paper bag, seal the bag, and place the following information on the bag or otherwise include it with the sample: 

(a) License number; 

(b) Name and contact information of the sampling agent; 

(c) Name and contact information of the licensee;

(d) Date sample was taken; 

(e) Sample identification number for the lot; 

(f) Field identification number listed in the application; and 

(g) Any other information that may be required by the Department; and 

(12) The sample and sampling report shall be hand-delivered or placed in a box, sealed with security tape, and 

shipped overnight to the Department or authorized laboratory.

C. All hemp samples collected become the property of the Department without cost to it and are nonrefundable. 

D. Testing Requirements. The Department or an authorized laboratory shall test hemp for prohibited THC levels by 

performing a quantitative laboratory determination of the delta-9 THC concentration on a dry weight basis. In 

conducting this work, the following standards shall be met:

(1) Laboratory quality assurance shall ensure the quality and validity of the test results and that the testing 

method used is appropriate;

(2) An appropriate chain of custody shall be maintained at all times; 

(3) The official samples shall be dried, the stem and seed shall be separated from floral material and discarded, 

and the floral material shall be ground; 

(4) The ground floral material shall be tested for THC content;

(5) The THC testing procedure shall include a valid testing methodology that uses post-decarboxylation or other 

similarly reliable methods, including, but not limited to, gas chromatography with flame ionization detection, or liquid 

chromatography with ultraviolet detection (The testing methodology shall consider the potential conversion of THCA 

in hemp into THC and the test result shall measure total available THC derived from the sum of the THC and THC-A 

content. The total THC concentration level shall be determined and reported on a dry weight basis. MU shall be used in 

determining the range of the result found.); and

(6) A sample test result with a delta-9 THC concentration on a dry weight basis greater than the acceptable hemp 

THC level is conclusive evidence that the lot represented by the sample contains a delta-9 THC concentration on a dry 

weight basis of more than 0.3 percent and that the hemp is therefore not in compliance with this chapter. 

E. Test Results Report. If an authorized laboratory conducts the testing, the hemp grower shall ensure that the 

laboratory reports the test results for all samples tested to the Department. The test results report shall contain the 

information below for each sample tested: 

(1) Hemp grower’s license or authorization identifier; 

(2) Name of hemp grower;

(3) Business address of hemp grower;

(4) Lot identification number for the sample;

(5) Name and address of laboratory;

(6) Date of test and report;

(7) Identification of a retest; and 

(8) Test result. 
.11 Prerequisites for Placing Hemp in Commerce. 

A. A licensed grower may not co-mingle, transport, transfer, sell, market, process, or otherwise dispose of hemp 

pending a THC analysis by the Department or an authorized laboratory. 

B. To place hemp in the stream of commerce, test results shall confirm that the final product batch contains no more 

than 0.3 percent delta-9 THC on a dry weight basis using the method’s determined measurement uncertainty; and all 

such testing results shall be retained by the grower and made available to the Department upon demand for a minimum 

of 3 years. 

C. Hemp samples with a post-decarboxylated THC level equal to or below 0.3 percent THC requires no further 

action by the Department. The area or harvested plant material from which the sample was obtained that was harvested 

within 15 days of the date of sampling may be marketed or further processed.

.12 Nonmarketable Hemp. 

A. Upon receipt of a failing test result, a licensed grower may request resampling and retesting of the varieties in 

question. If no retest is requested, or the retested sample is greater than 0.3 percent THC, the area represented by the 

sample, or any harvested hemp from the area represented by the sample shall be disposed of as provided in Regulation 

.13 of this chapter. The grower shall retain all such testing results and make them available to the Department upon 

demand for a minimum of 3 years.

B. Hemp plants from lots determined to be nonmarketable (that is, the plants exceed the acceptable hemp THC 

level) and products derived from such plants may not be further handled, processed, or enter the stream of commerce. 

C. If a grower comingles hemp from a lot with hemp from another lot before the test results from any of the 

comingled lots are made known, the grower shall dispose of all of the hemp if the test results from just one of these lots 

is subsequently found to be nonmarketable. 

.13 Grower’s Duty to Dispose of Nonmarketable Hemp.

A. The costs of disposal of nonmarketable hemp plants and products derived from such plants are the responsibility 

of the grower.

B. The grower shall notify the Department immediately upon receipt of a test report determining that any portion of 

the crop tests positive for a prohibited amount of THC.

C. If hemp is deemed nonmarketable (that is, the plants exceed the acceptable hemp THC level), the Department 

shall:

(1) Notify the grower to stop the harvest and shipment of any plants or plant material harvested from the tested 

area;

(2) Send a representative from the Department to conduct an inventory of the harvested and unharvested plants 

from the area that was tested;

(3) Offer options for retesting; and

(4) Offer options for disposal.

D. The disposal of hemp deemed noncompliant with this chapter shall render a plant or a product derived from such 

plant unusable by burning, incorporating with other materials, or other methods approved by the Department consistent 

with USDA guidelines.

E. The grower shall notify the Department and USDA of the grower’s intent to dispose of nonconforming plants. 

F. A representative from the Department or a law enforcement official shall supervise the disposal of any 

noncompliant hemp plants or plant materials.

G. The grower shall verify disposal by submitting required documentation to the Department and USDA and retain a 

copy of the disposal record for 3 years.

.14 Sanctions for Violating the Department’s Hemp Farming Program.

A. Except as provided in §B of this regulation, the Department, upon notice and an opportunity to be heard, may 

deny a license application or suspend or revoke a license to produce hemp under the Program, if the person: 

(1) Fails to comply with the Department’s plan for monitoring and regulating the production of hemp;

(2) Misrepresents the legal description of land on which hemp is produced;

(3) Produces hemp without a valid license; 

(4) Produces plants, or any part of a plant, that exceeds a delta-9-tetrahydrocannabinol concentration of 0.3

percent on a dry weight basis;

(5) Violates the licensing terms set forth in Regulation .04D of this chapter;

(6) Provides false or misleading information in the application for a licensee to grow hemp as provided in this 

chapter;

(7) Provides false or misleading information in any report, record, or other document required under this chapter 

or during the course of an inspection conducted under this chapter;

(8) Hinders or obstructs an authorized agent of the Department or any other law enforcement officer from 

entering the licensed area for the purpose of collecting, sampling, or inspecting hemp;

(9) Fails to maintain all records pertaining to hemp production required by this chapter and to make these records 

available during normal business hours for copying and inspection by the Department or other law enforcement agency;

(10) Fails to submit complete, signed, and accurate reports required under Regulation .08 of this chapter;
(11) Fails to dispose of hemp as directed by the Department;

(12) Is found to be growing or in possession of hemp not in compliance with these regulations;

(13) Is convicted of a felony related to a controlled substance under state or federal law;

(14) Cultivates or stores hemp on any site not listed in the application; 

(15) Represents hemp seeds which are indistinguishable by the plant’s characteristics to be of a recognized 

variety, without having adequate information for such variety representation; or

(16) Violates any provision of this chapter.

B. Negligent Violations.

(1) If it determines that a violation is a negligent violation, the Department, in lieu of sanctioning the person as 

provided in §A of this regulation, may issue a corrective action plan, affording the person an opportunity to correct that 

violation and come into compliance.

(2) The corrective action plan issued by the Department shall include the following:

(a) A date by which the person shall correct the violation;

(b) The action that the person shall take to come into compliance; 

(c) To ensure compliance, a requirement that the person shall report to the Department at a frequency 

determined by the Department for a period of not less than 2 calendar years from the date of the violation the 

compliance measures it is taking; and

(d) Inspection requirements as determined by the Department.

(3) If the person fails to implement or comply with the corrective action plan, the Department may proceed to 

suspend or revoke the grower’s license to produce hemp as provided in §A of this regulation.

(4) If the Department determines that a person has violated this chapter three times in a 4-year period, that person 

is banned from producing hemp for a period of 5 years beginning on the date of the third violation.

C. Violations Exceeding Negligence—Immediate Suspension.

(1) If the Department determines that a person has violated the Program with a culpable mental state greater than 

negligence, the Department shall:

(a) Send a Notice of Suspension to the person, ordering the person to suspend all hemp operations 

immediately; and

(b) Refer the matter to the United States Attorney General, the Maryland Attorney General, or State’s 

Attorney, as appropriate, to enforce the requirements of this chapter. 

(2) If the Department issues a Notice of Suspension, the grower may not harvest or remove cannabis from the 

premises where hemp or other cannabis was located at the time the Department issued this notice.

(3) As soon as possible after the Notification of the Suspension, the Department shall inspect the grower’s 

premises and perform an inventory of all hemp and hemp products that are in the grower’s possession.

(4) The Department shall schedule a license revocation hearing for a date as soon as practicable after the 

Notification of Suspension, but in any event not later than 60 days following the notification of suspension.

.15 Notice, Hearings, and Appeals.

A. Notice. If it determines that sanctions are warranted against a person under Regulation .14 of this chapter, the 

Department shall provide the person written Notice of the Violation via regular mail, certified mail, or personal service 

that includes: 

(1) The facts that are asserted pertaining to the violation; 

(2) The pertinent statutory and regulatory sections under which the Department is taking its action;

(3) The Department’s determination whether the person’s conduct constitutes a negligent violation or a violation 

with a culpable mental state greater than negligence;

(4) A statement explaining whether the Department has informed law enforcement of the violation;

(5) The sanction proposed, if any, as a result of the Department’s action; and

(6) Unless a hearing is automatically scheduled, notice that the person may request a hearing within 20 days from 

receiving the Notice of the Violation; what, if anything, the person shall do to receive a hearing; and the direct 

consequences, including sanctions, if any, of the person’s failure to exercise in a timely manner the opportunity for a 

hearing or to appear for a scheduled hearing.

B. To receive a hearing on the matter set forth in the Notice of Violation, the person shall submit a written request 

for a hearing to the Maryland Department of Agriculture, Hemp Farming Program, 50 Harry S. Truman Parkway, 

Annapolis, Maryland 21401. If the person fails to submit a written request in a timely manner, the Notice of Violation 

shall become final and the Department may impose the proposed sanction stated in the notice.

C. Hearings. Hearings under this regulation shall be in accordance with the Maryland Administrative Procedure Act 

and COMAR 15.01.01.

D. Appeals. A person aggrieved by a decision of the Department under this chapter, including a decision to deny an 

application for a license, or to suspend or revoke a license, may appeal the decision to the circuit court pursuant to the 

Maryland Rules of Civil Procedure.

.16 Department Reports to USDA.

A. By the first of each month, the Department shall file with USDA a report on each licensed grower with the 

following information:
(1) For each new licensee that is an individual, the report shall include:

(a) The full name of the individual;

(b) The license number and status;

(c) The business address;

(d) Telephone number and email address (if applicable); and

(e) A legal description and GPS coordinates for each field, greenhouse, indoor growing structure, or site where 

industrial hemp will be cultivated, handled, or stored.

(2) For each new licensee that is a business entity, the report shall include:

(a) The full name of the business entity;

(b) The license number and status;

(c) The principal business location address;

(d) The full name, title, and email address (if applicable) of each person for whom the entity is required to 

submit a criminal background check; and 

(e) A legal description and GPS coordinates for each field, greenhouse, indoor growing structure, or site where 

industrial hemp will be cultivated, handled or stored.

(3) For each licensee that was included in a previous report and whose reported information has changed, the 

report shall include the previously reported information and the new information, including the following:

(a) The status of each grower and seed producer’s license;

(b) The period covered by the report; and

(c) Indication whether there were changes during the current reporting cycle if applicable.

B. By the first of each month, the Department shall file with USDA a report of any occurrence among licensed hemp 

growers where hemp plants or plant parts have exceeded the acceptable THC levels as provided in this chapter with the 

following information:

(1) The name and address of the licensee;

(2) Producer license number;

(3) Location information, such as a lot number, location type, and GPS coordinates or other location descriptor 

for the production area subject to hemp disposal;

(4) Information on the agent handling the disposal; and

(5) Documentation or traceability from seed acquisition to harvest or crop termination. 

C. In addition to the hemp disposal report described in §B of this regulation, the Department shall promptly notify 

USDA’s Agricultural Marketing Service of any occurrence of hemp plants that do not meet the definition of hemp as 

provided in this chapter or products derived from such plants. Records shall be attached to the report demonstrating that 

the proper disposal methods were followed. 

D. By December 15 of each year, the Department shall submit an annual report to USDA that provides the following 

information under the Program:

(1) Total planted acreage;

(2) Total harvested acreage; and

(3) Total acreage disposed.

E. Any report filed by the Department with USDA shall be submitted using a digital form compatible with USDA’s 

sharing systems, whenever possible.

.17 Public Records.

A. Any public record held by the Department is subject to inspection and release only as provided by the Maryland 

Public Information Act. 

B. The Department shall release to USDA record information about each hemp grower in a timely manner, as

required by the United States Secretary of Agriculture. 

.18 Criminal Penalties.

In addition to any other penalty provided by law, a person who violates this chapter may be subject to criminal 

penalties under Agriculture Article, §12-101 et seq., Annotated Code of Maryland. 

.19 Enforcement.

The Department shall report a person to the United States Attorney General and the Maryland Attorney General who 

knowingly:

A. Fails to comply with the Department’s plan for monitoring and regulating the production of hemp;

B. Misrepresents the legal description of land on which hemp is produced;

C. Produces hemp without a valid license; 

D. Produces plants, or any part of a plant, that exceeds a delta-9-tetrahydrocannabinol concentration of 0.3 percent

on a dry weight basis; or

E. Knowingly violates any provisions of Agriculture Article, Title 14, Subtitle 3, Annotated Code of Maryland.