U.S. Domestic Hemp Production Program

FVIAC Overview

April 19, 2023
2018 Farm Bill

The 2018 Farm Bill directed USDA to establish a national regulatory framework 

for hemp production in the United States.

USDA published a final rule on January 19, 2021, implementing regulations for 

the production of hemp. 
What is Hemp?

• The term ‘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 delta-9 tetrahydrocannabinol concentration 

of not more than 0.3 percent on a dry weight basis.

• Basically, hemp is a plant in the Cannabis family that does not contain 

more than 0.3% Tetrahydrocannabinol, better known as THC.

Fiber or Grain Flower Parts/Extracts

Products made from hemp?
Fiber Seed/Seed Oil
What the USDA Regulates

States and Tribes with their own programs

• States and Tribes may manage hemp in 

their jurisdiction through an approved 

Hemp Plan.

• USDA reviews and approves the Hemp 

Plan to be sure it is in conformance with 

the Final Rule.

• USDA audits the State or Tribe to be sure 

they are following their approved Hemp 

Plan and the Final Rule.

USDA-managed States and Tribes

• USDA also directly manages growers 

in States or Tribes that do not wish to 

run their own Hemp Programs

• A State or Tribe notifies USDA that 

they wish USDA to manage growers in 

their jurisdiction.

• USDA provides direct oversight to 

these growers. 
State/Tribe Hemp Plan 

Requirements

• Licensing

• Including a background check for felony drug convictions in the previous 10 years

• Total THC definition

• Field Sampling Metrics

• How many plants to collect per acre, where to pull samples on the plant, etc.

• Lab testing requirements

• Use of standardized lab methods, post-decarboxylation, MU, etc.

• Reporting requirements

• FSA reporting by growers, State/Tribal reporting to USDA

• Enforcement procedures

• Negligent violations, corrective action plans, etc.
Law Enforcement 

• Final Rule Requirement

• “USDA is statutorily required to 

provide law enforcement with 

certain “real-time” information 

about who is growing hemp, whether 

their license is in good standing with 

the regulatory body issuing the 

license, and the location(s) where 

hemp is being grown.”
USDA Producer Licensing

• There is no fee for the USDA license.

• Applications are processed on a rolling basis throughout the year.

• The only fees are background report & fingerprinting, sampling, testing 

and potential remediation/disposal.

• USDA-issued hemp producer licenses are valid until December 31st of the 

third year after the year in which the license is issued. 

• Any changes to licensing information such as change of entity name, 

address, phone number or email may be made in the HeMP database. 

VT/MO 

Transition Update

• Outreach - Licensing Requirements

• Processing applications and issuing 

licenses

• Office Hours 

• Training for producers (FSA, Sampling, 

Testing, Reporting)

• Training for Sampling Agents, 

Laboratories

2022 Annual Reports

• Nationally, nearly 2,600 

producers planted an 

estimated 20,800 acres of 

hemp in 2022. 

• 87% of licensees reported 

planting to the Farm Service 

Agency (FSA).
Acres planted 20,800

Acres destroyed due to noncompliance 650

Acres harvested 15,500

Acres lost due to natural 

causes 4,650

• Weeds

• Poor germination

• Drought/Weather

• Pest/Animal 

damage

Primary causes 

of crop loss

2022 Annual Reports

States with the largest 

planted acreage

• South Dakota

• Colorado

• Texas

• Montana

• Kentucky

States with the largest 

number of producers 

who planted

• Oregon

• Tennessee

• Pennsylvania

• Minnesota

• Florida

2022 Annual Reports
For more information please visit:

https://www.ams.usda.gov/rules-regulations/farmbill-hemp

E-mail: Farmbill.Hemp@usda.gov

Phone: (888) 721-HEMP (4367)