Minnesota Industrial Hemp Plan

November 06, 2023 - Revision 

Minnesota Department of Agriculture

625 Robert 

Street North 

St. Paul, MN 

55401

www.mda.state.mn.us 
2 

Minnesota Industrial Hemp Plan

In accordance with the Agriculture Improvement Act of 2018, the Minnesota Department of 

Agriculture has prepared this plan for regulation of hemp production in Minnesota. The elements 

of this plan describe how Minnesota will address each of the requirements laid out by USDA for 

hemp plans. This plan is effective when the State’s Industrial Hemp pilot program authorized 

under the 2014 Farm Bill and extended by the 2018 Farm Bill is ended by the State of Minnesota.

Commitment from the Department Page 3 

This letter from the Commissioner of Agriculture demonstrates the Department’s commitment to regulate hemp 

production in Minnesota.

Hemp Statutes and Administrative Rules Page 4

Industrial Hemp Development Act 

Minnesota Statute Chapter 18K provides a State authorization for the Department to regulate the production of hemp in 

Minnesota and to submit a State Hemp Plan to the United States Department of Agricultural for approval, which allows the 

Minnesota Department of Agriculture licensing and regulatory authority for hemp in the state. 

Minnesota Administrative Rules for Hemp Production and Processing Page 8 

Minnesota Administrative Rules Chapter 1565 form much of the legal basis at the State level for regulation of hemp 

production and processing by the MDA. 

Appendix 1. Hemp Inspection, Sampling, and Testing Protocol Page 23 

This section describes the procedures that the Department will use to collect samples, including the timing of sample 

collection and number of plants to sample.

Appendix 2. Data Sharing Protocol Page 30

This section describes the process that the Department will use to share current data with USDA on a regular basis.

Appendix 3. Enforcement Authority Page 32 

Authority for inspection and enforcement provisions of 18K, as well as any rules adopted under 18K, is provided through 

Minnesota Statute 18J.

Appendix 4. THC Test Results Data by Variety- All Samples 2016-2020 Page 38 

Data summary of all the THC Test results from all hemp samples collected in Minnesota under the pilot program, years 2016 

through 2020. 
3 

November 06, 2023

Bill Richmond, Chief, U.S. Domestic Hemp

Production Program United States Department of

Agriculture

1400 Independence Avenue SW, Stop 0237

Washington, D.C. 20250-0237

Mr. Richmond,

The Minnesota Department of Agriculture (MDA) is committed to the regulation of Minnesota’s hemp

industry in partnership with the USDA. The 2014 Farm Bill contained a provision to allow state departments of

agriculture to administer pilot programs to study the growth, cultivation, and marketing of hemp. In 2015, the

Minnesota Industrial Hemp Development Act (IHDA) (MINN. STAT. § 18K) became law. This allowed the MDA

to create a hemp pilot program in accordance with the Farm Bill. The Minnesota Hemp Pilot Program

operated from 2016 through 2020.

The Minnesota State Hemp Plan was approved in July 2020 and became effective January 1, 2021.

The revised Minnesota State Hemp Plan, updated to incorporate the federal Final Rule for commercial hemp

regulation, was approved by the USDA and went into effect on May 6, 2021. Upon approval of the State

Hemp Plan following the codification of the federal Final Rule for hemp, the MDA published rules for Chapter 

18K (Minnesota Rule § 1565) in the fall of 2021. These rules mirror the regulatory requirements outlined in

the State Hemp Plan and give the MDA full enforcement authority under state law for hemp production and

raw hemp processing in Minnesota. 

Since the revised State Plan was submitted, Minnesota has experienced a decrease in the number of

applicants and number of hemp acres grown. This mirrors much of the nation. Despite the decrease,

Minnesota was still one of the top five states that had the largest number of registered producers in 2022.

Continued interest in hemp cultivation remains in Minnesota.

There were changes made to our state statutes and rules during the 2023 legislative session. To incorporate 

those changes, we have updated our State Plan. We are committed to working with the USDA to continue to

operate a hemp regulatory program that is agreeable to both agencies and are open to feedback on this plan.

Sincerely,

Thom Peterson, Commissioner
4

HEMP STATUTES AND RULES 

MINNESOTA STATUTES CHAPTER 18K - INDUSTRIAL HEMP DEVELOPMENT

18K.01 SHORT TITLE.

This chapter may be referred to as the "Industrial Hemp Development Act."

18K.02 DEFINITIONS.

Subdivision 1. Scope. The definitions in this section apply to this chapter.

Subd. 1a. Applicant. "Applicant" means an individual who submits an application for a license as required 

under this chapter. If the applicant is an entity, applicant means the owner or most responsible individual in 

charge of the entity.

Subd. 1b. Authorized representative. "Authorized representative" means any individual authorized by the 

licensee to make changes to the license and share data on behalf of the licensee.

Subd. 2. Commissioner. "Commissioner" means the commissioner of agriculture.

Subd. 2a. Entity. "Entity" means a corporation, joint stock company, association, limited partnership, limited 

liability partnership, limited liability company, irrevocable trust, estate, charitable organization, or other 

similar organization, including any such organization participating in hemp production as a partner in a general 

partnership, a participant in a joint venture, or a participant in a similar organization.

Subd. 3. Industrial hemp. "Industrial hemp" means the plant Cannabis sativa L. and any part of the plant, 

whether growing or not, including the plant's seeds, and all the plant's 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. Industrial hemp is not marijuana as defined 

in section 152.01, subdivision 9.

Subd. 4. Marijuana. "Marijuana" has the meaning given in section 152.01, subdivision 9.

Subd. 5. Processing. "Processing" means rendering by refinement hemp plants or hemp plant parts from their 

natural or original state after harvest. Processing includes but is not limited to decortication, devitalization, 

chopping, crushing, extraction, and packaging. Processing does not include typical farm operations such as 

sorting, grading, baling, and harvesting. Processing does not include the production of artificially derived 

cannabinoids as defined in section 342.01, subdivision 6.

Subd. 6. Processing location. "Processing location" means any area, building, plant, or facility registered with 

and approved by the commissioner in which a licensee converts raw hemp into a marketable product.

Subd. 7. Processor. "Processor" means a person or business that converts raw hemp into a product.

18K.03 AGRICULTURAL CROP; POSSESSION AUTHORIZED.

Subdivision 1. Industrial hemp. Industrial hemp is an agricultural crop in this state. A person may possess, 

transport, process, sell, or buy industrial hemp that is grown pursuant to this chapter or lawfully grown in 
5

another state.

Subd. 2. Sale to medical cannabis manufacturers. A licensee under this chapter may sell hemp products 

derived from industrial hemp grown in this state to medical cannabis manufacturers as authorized under 

sections 152.22 to 152.37.

18K.04 LICENSING.

Subdivision 1. Requirement; issuance; presumption. 

(a) A person must obtain a license from the commissioner before (1) growing industrial hemp (2) processing 

industrial hemp, or (3) researching industrial hemp.

(b) To obtain a license under paragraph (a), a person must apply to the commissioner in the form prescribed 

by the commissioner and must pay the annual registration and inspection fee established by the commissioner 

in accordance with section 16A.1285, subdivision 2.

(c) For a license to grow industrial hemp, the license application must include the name and address of the 

applicant and the legal description of the land area or areas where industrial hemp will be grown by the 

applicant and any other information required under Code of Federal Regulations, title 7, part 990.

(d) For a license to process industrial hemp, the license application must include the name and address of the 

applicant, the legal description of the processing location, and any other information required by the 

commissioner.

(e) A licensee is responsible for compliance with the license requirements irrespective of the acts or omissions 

of an authorized representative acting on behalf of the licensee.

(f) When an applicant has paid the fee and completed the application process to the satisfaction of the 

commissioner, the commissioner must issue a license which is valid until December 31 of the year of 

application.

(g) A person licensed under paragraph (a) to grow industrial hemp is presumed to be growing industrial hemp 

for commercial or research purposes.

Subd. 2. Background check; data classification. The commissioner must require each first-time applicant for a 

license to submit to a background investigation conducted by the Bureau of Criminal Apprehension as a 

condition of licensure. Any first-time authorized representatives designated by the applicant must also submit 

to a background investigation. As part of the background investigation, the Bureau of Criminal Apprehension 

must conduct criminal history checks of Minnesota records and is authorized to exchange fingerprints with the 

United States Department of Justice, Federal Bureau of Investigation for the purpose of a criminal background 

check of the national files. The cost of the investigation must be paid by the applicant. Criminal history records 

provided to the commissioner under this section must be treated as private data on individuals, as defined in 

section 13.02, subdivision 12.
6

Subd. 3. Federal requirements. The applicant must demonstrate to the satisfaction of the commissioner that 

the applicant has complied with all applicable federal requirements pertaining to the processing, production, 

distribution, and sale of industrial hemp.

Subd. 4.Industrial hemp licensing data classification. (a) In addition to data classified pursuant to section 

13.41, the following data collected, created, or maintained by the commissioner under this chapter is 

classified as private data, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in section 

13.02, subdivision 9:

(1) nondesignated addresses provided by licensees and applicants; and

(2) data that identify the specific locations where licensees and applicants grow or process, or will grow or 

process, industrial hemp, including but not limited to legal descriptions, street addresses, geospatial locations, 

maps, and property boundaries and dimensions.

(b) The commissioner may disclose data classified as private data or nonpublic data under this subdivision if 

the commissioner determines that there is a substantive threat to human health or safety or to the 

environment, or to aid in the law enforcement process.

Subd. 5. Industrial hemp licensing data security and auditing. 

(a) The commissioner must establish written procedures to ensure that only individuals authorized by law may 

access the private data and nonpublic data identified in subdivision 4. An authorized individual's ability to 

enter, update, or access data must correspond to the official duties or training level of the individual and to 

the statutory authorization granting access for that purpose. All queries and responses, including the specific 

purpose for which data is requested and, if applicable, disclosed, and all actions in which data are entered, 

updated, accessed, shared, or disseminated, must be recorded in the data audit trail. Data contained in the 

audit trail are public to the extent the data are not otherwise classified by law.

(b) The commissioner must immediately and permanently revoke the authorization of any individual who 

willfully entered, updated, accessed, shared, or disseminated data in violation of state or federal law. If an 

individual willfully gained access to data without authorization by law, the commissioner must forward the 

matter to the appropriate prosecuting authority for prosecution.

(c) By January 15 of each odd-numbered year, the commissioner must provide a copy of the data audit trail 

required under paragraph (a) to the commissioner of administration; the chairs and ranking members of the 

legislative committees and divisions with jurisdiction over agriculture policy and finance, public safety, and 

data practices; and the Legislative Commission on Data Practices and Personal Data Privacy or its successor 

commission.

18K.05 – REPEALED 2023.

18K.06 RULEMAKING.

(a) The commissioner shall adopt rules governing the production, testing, processing, and licensing of 
7

industrial hemp. Notwithstanding the two-year limitation for exempt rules under section 14.388, subdivision 

1, Minnesota Rules, chapter 1565, published in the State Register on August 16, 2021, is effective until August 

16, 2025, or until permanent rules implementing chapter 18K are adopted, whichever occurs first.

(b) Rules adopted under paragraph (a) must include, but not be limited to, provisions governing:

(1) the supervision and inspection of industrial hemp during its growth and harvest;

(2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels;

(3) the use of background check results required under section 18K.04 to approve or deny a license 

application; and

(4) any other provision or procedure necessary to carry out the purposes of this chapter.

(c) Rules issued under this section must be consistent with federal law regarding the production, distribution, 

and sale of industrial hemp.

18K.07 FEES.

Fees collected under this chapter must be credited to the industrial hemp account, which is hereby 

established in the agricultural fund in the state treasury. Interest earned in the account accrues to the 

account. Funds in the industrial hemp account are annually appropriated to the commissioner to implement 

and enforce this chapter.

18K.08 DEFENSE FOR POSSESSION OF MARIJUANA.

It is an affirmative defense to a prosecution for the possession of marijuana under chapter 152 if:

(1) the defendant possesses industrial hemp grown pursuant to this chapter; or

(2) the defendant has a valid controlled substance registration from the United States Department of Justice, 

Drug Enforcement Administration, if required under federal law.

18K.09 – REPEALED 2023.

 

 
8

MINNESOTA ADMINISTRATIVE RULES CHAPTER 1565 - HEMP 

1565.0100 PURPOSE.

The purpose ofthis chapteristo establish the requirementsfor a person to commercially produce and 

process hemp as provided under Minnesota Statutes, chapter 18K. A license issued under this chapter is 

required for a person to grow or process hemp in Minnesota.

1565.0200 DEFINITIONS.

Subpart 1. Scope. The definitions in this part apply to this chapter.

Subp. 2. Acceptable hemp THC level. "Acceptable hemp THC level" means when the measurement of

uncertainty is applied to total THC resulting in a distribution or range that includes 0.3 percent or less of delta-9

tetrahydrocannabinol as defined in Code of Federal Regulations, title 7, part 990.1.

Subp. 3. Applicant. "Applicant" means a person who submits an application for a license asrequired

underthis chapter. Ifthe applicantis an entity, applicant meansthe owner or most responsible individual in 

charge of the entity.

Subp. 4. Authorizedrepresentative. "Authorizedrepresentative"meansany individual authorized by the 

licensee to make changes to the license and share data on behalf of the licensee. The licensee remains 

responsible for compliance with the license requirements irrespective of the acts or omissions of an 

authorized representative.

Subp. 5. Cannabis. "Cannabis" means a genus of flowering plants in the family Cannabaceae of which

Cannabis sativa is a species, and of which Cannabis ruderalis and Cannabis indica are subspecies. Cannabis

also refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dry weight

basis has not yet been determined.

Subp. 6. Certified seed. "Certified seed" means a hemp seed variety that has been bred to comprise

satisfactory genetic purity and varietal identity and has been accepted by the Association of Seed Certifying 

Agencies (AOSCA), Organization of Economic Cooperation and Development (OECD), or other certifying entity

as determined by the commissioner.

Subp. 7. Certificate of analysis. "Certificate of analysis" means a document issued by an ISO 17025

accredited laboratory that documentsthe total THC concentration of a lot that it accompanies.

Subp. 8. Commissioner. "Commissioner" means the commissioner of agriculture.

Subp. 9. Controlled Substances Act. "Controlled Substances Act" isthe law codified in United States Code, 

title 21, sections 801-971.

 Subp. 10. Conviction. "Conviction" means any plea of guilty or nolo contendere, or any finding of guilt,

except when the finding of guilt issubsequently overturned on appeal, pardoned, or expunged. For purposes of 

this part, a conviction is expunged when the conviction is removed from the individual's criminal history 

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

the fact that the conviction may be used forsentencing purposesforsubsequent convictions. In addition, where 
9

an individual is allowed to withdraw an original plea of guilty or nolo contendere and enter a plea of not guilty 

and the case is subsequently dismissed, the individual is no longer considered to have a conviction for 

purposes of this chapter.

Subp. 11. Corrective action plan. "Corrective action plan" means a plan proposed by a licensed hemp 

producer and approved by the commissioner to correct a negligent violation of or noncompliance with a 

United States Department of Agriculture approved state hemp production plan, Minnesota statute, or any

other provision under this chapter.

Subp. 12. Criminal history report. "Criminal history report"means a Federal Bureau of Investigation 

Identity History Summary that includes both federal and state criminal histories of an applicant obtained 

from the Bureau of Criminal Apprehension.

 Subp. 13. Culpable mental state greater than negligence. "Culpable mental state greaterthan

negligence" meansto act intentionally, knowingly, willfully, recklessly, or with criminal negligence.

Subp. 14. Decarboxylation. "Decarboxylation" means the completion of the chemical reaction that

converts THC acid (THCA) into delta-9 THC, the intoxicating component of cannabis. The decarboxylation value

is also calculated using a conversion formula thatsums delta-9 THC and 87.7 percent of THC acid.

Subp. 15. Delta-9 tetrahydrocannabinol or THC. "Delta-9 tetrahydrocannabinol" or "THC" mean the

primary psychoactive component of cannabis. For the purposes of this chapter, delta-9 tetrahydrocannabinol 

and THC are interchangeable.

Subp. 16. Department. "Department" means the Department of Agriculture.

Subp. 17. Destruction. "Destruction" has the same meaning as disposal.

Subp. 18. Disposal or dispose. "Disposal" or "dispose" means an activity that transitionsthe

noncompliant product into a nonretrievable or noningestible form. Disposal activities include plowing, tilling, 

or disking plant material into the soil; mulching, composting, chopping, or bush mowing plant material into 

green manure; burning plant material; and burying plant material into the earth and covering it with soil.

Subp. 19. Dry weight basis. "Dry weight basis" means the percentage of a chemical in a substance after

removing the moisture from the substance. Percentage of THC on a dry weight basis means the percentage of 

THC, by weight, in a cannabis substance including the plant, extract, or other derivative, after excluding 

moisture from the item.

Subp. 20. Dwelling. "Dwelling" means any residential building or portion of the building intended or built 

for occupancy by one or more persons with facilities for living, sleeping, cooking, and eating, including

apartments,townhomes, and any other multi-family structures.

Subp. 21. Entity. "Entity" means a corporation, joint stock company, association, limited partnership,

limited liability partnership, limited liability company, irrevocable trust, estate, charitable organization,or other

similar organization, including any such organization participating in hemp production as a partnerin a general

partnership, a participantin a joint venture, or a participant in a similar organization.
10

Subp. 22. Farm Service Agency or FSA. "Farm Service Agency" or "FSA" means the agency formed with 

the United States Department of Agriculture.

 Subp. 23. Fit for Commerce certificate. "Fit for Commerce certificate" means a document issued by the

commissioner attesting that raw hemp plant material has been tested for total THC concentration and is in 

compliance with this chapter.

Subp. 24. Geospatial location. "Geospatial location" means a location designated through a global 

system of navigational satellites used to determine the precise ground position of a place or object.

Subp. 25. Grow location. "Grow location" means a contiguous land area, or greenhouses, hoop houses, 

or buildings for indoor cultivation, registered with the commissioner, on which a licensee or applicant conducts

or will conduct licensed hemp cultivation activities. Each noncontiguous grow location must be registered 

separately.

Subp. 26. Grower. "Grower" means a person who grows hemp in order to harvest plants, plant parts, 

grain, or seed.

Subp. 27. Genuine grower's declaration. "Genuine grower's declaration" means a statement signed by a 

grower for a lot of hemp propagules that provides the lot number, kind, variety, origin, quantity, year of

production, date ofshipment, and name of the person to whom the lot was sold, shipped, or delivered.

Subp. 28. Harvest report. "Harvest report" means a form required to be submitted to the commissioner

of agriculture by a licensed hemp grower on which the growerindicates the date the grower intends to harvest

each hemp lot the grower reported on the planting report.

Subp. 29. Immature plant. "Immature plant" means a cannabis plant that is not flowering.

Subp. 30. Key participant.

A. "Key participant" means a sole proprietor, a partner in a partnership, a person with executive

managerial control in a corporation, or a person who has a direct or indirect financial interest in an entity 

producing hemp.

B. A person with executive managerial control includes persons such as a chief executive officer, 

chief operating officer, and chief financial officer.

C. Key participant does not include farm, field, and shift managers.

D. Key participant does not include a member of the leadership of a Tribal government who is

acting in the member's capacity as a Tribal leader, except when that member exercises executive 

managerial control over hemp production.

Subp. 31. Licensee. "Licensee" means any person who holds a license from the commissioner to grow, 

produce, or process hemp.

Subp. 32. Lot. "Lot"means a contiguous area in a field, greenhouse, orindoor growing structure containing

the same variety orstrain of cannabisthroughout, and all hemp plants, plant parts, extracts, and derivatives
11

from a common source. Lot also hasthe meaning given to "farm," "tract," "field," and "subfield" as these terms 

are defined in Code of Federal Regulations, title 7, section 718.2.

Subp. 33. Marketable hemp product. "Marketable hemp product" means a hemp product that does not 

contain any living hemp plant parts or viable seeds, and does not contain THC above the acceptable hemp THC 

level.

Subp. 34. Measurement of uncertainty. "Measurement of uncertainty" means the parameter,

associated with the result of a measurement, that characterizesthe dispersion of the values that could 

reasonably be attributed to the particular quantity subject to measurement. Measurement of uncertainty 

includes uncertainty due to sampling.

Subp. 35. Negligence. "Negligence" meansfailure to exercise the level of care that a reasonably prudent 

person would exercise in complying with this chapter.

Subp. 36. Person. "Person" includes individuals, firms, associations, joint ventures, partnerships, estates, 

trusts, business trusts, corporations, or businesses.

Subp. 37. Planting report. "Planting report" means a form required to be submitted to the

commissioner of agriculture by a licensed hemp grower on which the growerindicates the date the grower 

planted each hemp lot, the variety name or names, and the FSA lot number or numbers.

Subp. 38. Postdecarboxylation value. "Postdecarboxylation value" means the THC value calculated with

a chromatograph technique using heat, such as gas chromatography, through which THCA is converted from 

its acid form to its neutral form, THC. This test calculates the total potential THC in a given sample.

Subp. 39. Processing. "Processing" meansrendering hemp plants or plant partsfrom their natural or 

original state after harvest by refinement, decorticating, devitalizing, chopping, crushing, extracting, or 

packaging. Typical farm operations, including sorting, grading, baling, and harvesting, are not considered

processing for purposes ofthis definition.

Subp. 40. Processing location. "Processing location" means any area, building, plant, or facility registered

with and approved by the commissioner in which a licensee converts raw hemp into a marketable product.

Subp. 41. Processor. "Processor"means a person or businessthat convertsraw hemp into a product.

Subp. 42. Propagule. "Propagule" means seeds, clones, transplants, and any other propagative hemp 

material.

Subp. 43. Raw hemp. "Raw hemp" means whole hemp plants, whether growing or not, orthe stalks,

viable seeds, unaltered flowers orleaves, or any unprocessed plant pieces or parts of hemp.

Subp. 44. Remediation or remediating. "Remediation" or "remediating" means the process of rendering

noncompliant cannabis compliant by removing and destroying flower material while retaining stalk, stems, leaf 

material, and seeds, or shredding an entire plant into a biomass-like material, then retesting the shredded

biomass material for compliance.
12

Subp. 45. Sampling agent. "Sampling agent" means a person trained on applicable United States

Department of Agriculture,state, or Tribal proceduresto collect hemp samples and who has approval and

certification from the commissionerin orderto collectregulatory samples for the department.

Subp. 46. Sell or sale. "Sell" or "sale" means:

A. keeping, offering, or exposing for sale, use, transporting, transferring, negotiating, 

soliciting, or exchanging hemp;

B. having in possession with intent to sell, use, transport, negotiate, solicit, or exchange hemp;

C. storing, manufacturing, producing, processing, packing, and holding of hemp

for sale;

D. dispensing or giving hemp; or

E. supplying or applying hemp in the conduct of any hemp operation or carrying hemp in aid of

traffic in hemp whether done or permitted in person or through others.

Subp. 47. Territory of an Indian Tribe. "Territory of an Indian Tribe" means:all land within the limits of

an Indian reservation under the jurisdiction of the United States government, notwithstanding the 

issuance of any patent, including rights-of-way running through the reservation;

A. all dependent Indian communities within the borders of the United States, whether within the

original or subsequently acquired territory thereof, and whether within or outside of the limits of a state;

B. all Indian allotments, the Indian titles to which have not been extinguished, including rightsof-way running through the same; and

C. any land title that is either held in trust by the United States for the benefit of an Indian Tribe or

individual or held by an Indian Tribe or individual subject to restriction by the United States against alienation

and over which an Indian Tribe exercisesjurisdiction.

Subp. 48. Total THC. "Total THC" means the value determined after the process of decarboxylation, or 

the application of a conversion factor if the testing methodology does not include decarboxylation,that

expressesthe potentialtotal delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA

content and reported on a dry weight basis. The total THC also means the value determined by using a liquid 

chromatograph technique, which keepsthe THCA intact. The chromatograph technique means Total THC =

(0.877 x THCA) + THC, which calculates the potential total THC in a given sample.

Subp. 49. Volunteer hemp plant. "Volunteer hemp plant" means a hemp plant that results from a previous 

crop.

Subp. 50. Variety. "Variety" means:

A. a subdivision of a kind that is distinct, uniform, and stable;

B. distinct in the sense that the variety can be differentiated by one or more identifiable
13

morphological, genetic, physiological, or other characteristicsfrom all other varieties of public knowledge;

C. uniform in the sense that variations in essential and distinctive characteristics are describable; 

and;

D. stable in the sense that the variety will remain unchanged in its essential and distinctive

characteristics and its uniformity when reproduced or reconstituted asrequired by the different categories of 

varieties.

1565.0300 APPLICATION PROCESS.

Subpart 1. Application.

A. An applicantfor a hemp grower or processorlicensemust pay a nonrefundable 

registration and inspection fee and submit an application to the commissioner containing the following 

information:

(1) the applicant'sfull name, business address,telephone number, and e-mail address if 

available. For an entity, the full business name, the principal business location address,telephone number,

and the full name,title, and e-mail address, if available, of each key participant of the entity;

(2) a list of authorized representatives to be registered under the license;

(3) the proposed acreage and indoorsquare footage to be planted, if applicable;

(4) the legal description and geospatial location of any proposed registered grow or 

processing area;

(5) a map of the grow location, showing the boundaries and dimensions of the grow 

location in acres or square feet, if applicable; and

(6) the landowner's name,telephone number, and e-mail address, if different than the 

grower, if applicable.

B. As part of a complete application under this part, a first-time applicant must provide to the

Bureau of Criminal Apprehension an official fingerprint card of the applicant,

a nonrefundable background check fee, and a completed informed consent form authorizing the commissioner

to obtain a criminal history report on the applicant. The criminal history report must be dated within 60 days 

of application.

C. As part of an annual renewal, a licensee must pay a nonrefundable license renewal fee to 

the commissioner.

Subp. 2. License issuance prohibited in certain circumstances. The commissioner must not issue a 

license:

A. unless the application submitted for review is complete and accurate, and the criminal history

report confirmsthat the applicant has not been convicted of a felony under state or federal law relating to a 

controlled substance within the past ten years unless the exception in Code of Federal Regulations, title 7, 

part 990.20(b), applies;
14

B. if the applicant has not submitted all reports required under this chapter or owes past

inspection fees or a penalty to the commissioner for violating a provision of this chapter; or

C. if the commissioner obtains knowledge that the applicant is applying for a license as a stand-in

forsomeone whose license has been suspended,revoked, oris otherwise ineligible to participate.

Subp. 3. Ineligibility due to certain convictions. An applicantisrequired during the course of the 

applicant's license period to ensure that the individual grower, authorized representative, licensed applicant, 

or key participant has not been convicted of a felony relating to a controlled substance, including but not

limited to possession, production,sale, use, or distribution of a controlled substance in any form within ten

years of the date of the application. If an individual has been convicted of a felony as described in subpart 2, 

the individual is ineligible, during the ten-year period following the date of the conviction, to grow hemp or 

participate in the hemp program under this chapter.

1565.0400 GROWER LICENSE.

Subpart 1. License required. A person must possess a hemp grower license before planting or growing 

raw hemp in Minnesota.

Subp. 2. FSA reporting. A licensee must report all plantings by variety to their local FSA office as required

under Code of Federal Regulations, title 7, section 990.7. A grower must consult with the grower's local FSA

county office for acreage reporting requirements.

Subp. 3. Forms; planting/harvesting report.

A. A licenseemustsubmit an FSA 578 formto the Farm Service Agency no more than ten days after 

planting a hemp lot.

B. A licensee must submit a planting report to the commissioner no more than ten days after 

submitting an FSA 578 form.

C. A licensee must submit a harvest report to the commissioner no more than 30 days and no less 

than five days before harvest. The licensee must include in the harvest report a certificate of analysisfor any

hemp lotthat has not been selected by the commissioner demonstrating the THC levels of a representative

sample of the hemp lot, collected within 30 days before the harvest date.

Subp. 4. License period. A license issued underthis chapteris valid untilthe last day of the calendar year 

in which the license was issued and may be renewed in successive years.

Subp. 5. Harvesting during license period required. A person growing hemp must destroy any growing 

plant that is not harvested during the license period in which it was planted unless the license has been 

renewed.

Subp. 6. Change in grow location. A licensee must not change the location of a registered grow location

without first notifying the commissioner and the licensee's local Farm Service Agency. A licensee must submit

the proposed change to the commissioner along with an updated legal description, geospatial location, and map

specifying the proposed changesto the registered grow location or grow locations and pay any applicantfees

before planting.

Subp. 7. Hemp seed certification. A licensee growing hemp to produce certified seed must register with
15

and follow the requirementsforseed certification by the Minnesota Crop Improvement Association.

1565.0500 PROCESSOR LICENSE.

Subpart 1. License required. A personmust possess a hemp processorlicense before obtaining raw hemp 

materials for commercial processing purposes. Hemp may only be processed in this state by a person with a 

processor license. If hemp is processed in this state by a person without a processorlicense,the processed hemp

is prohibited from entering the stream of commerce.

Subp. 2. Source material documentation. A licensee must provide upon request to the commissioner or 

to law enforcement information documenting the source material for any hemp plants, plant parts, grain,

seeds, and products that the licensee is in possession of or had processed. Documentation must include any

test results from an accredited laboratory validating that plant materials and products do not exceed the

acceptable hemp THC level.

Subp. 3. Change in processing location. A licensee must not change the location of a registered

processing location without first notifying the commissioner. A licensee must submit the proposed change to 

the commissioner along with an updated legal description, geospatial location or map specifying the 

proposed changes to the registered processing location, and if applicable, pay additional fees, before 

commencing processing at the new location.

Subp. 4. Hempsourcing requirements. Aprocessormust obtainhemp froma licensed Minnesota grower or 

from sources approved through another state or federally approved plan. A processor must obtain a copy of

the Fit for Commerce certificate or certificate of analysis demonstrating the hemp material is within the

acceptable hemp THC level from the grower, specific to the lot being purchased, before processing the hemp.

1565.0600 SUPERVISION, SAMPLING, AND INSPECTION.

Subpart 1. Licensee requirements. A licensee must:

A. maintain on record any additional testing results of final harvested materials and any 

processed materials, to ensure compliance with the 0.3 percent total THC requirement;

B. not knowingly make any materially false statement or misrepresentations regarding the 

licensee's cultivation or processing of cannabis plants;

C. not cultivate, process, move, or distribute cannabis plants other than hemp unless licensed 

to do so;

D. not cultivate or process hemp in an area not licensed by the commissioner;

E. pay any fees applicable to the licensed activities; and

F. have the legalright to the registered grow location, including the legal authority to grant the 

commissioner access to the grow location for inspection and sampling.

Subp. 2. Sampling, testing, and destruction.

A. A licensee is responsible to ensure the licensee's hemp plants are within acceptable 

hemp THC levels.
16

B. As a condition of obtaining and maintaining a license under this chapter, a licensee must allow 

a sampling agent, the commissioner, or the commissioner's designee to conduct field surveillance and crop

sampling of the licensee's grow location or locations as requested by the commissioner. A regulatory sample 

must be collected by a sampling agent, the commissioner, or the commissioner's designee. A licensee is

prohibited from collecting regulatory samples from the licensee's own growing locations.

C. A license holder or an authorized representative shall be present at the grow location during

inspection and be available by telephone before or during the inspection, if possible. The landowner on

record may be an authorized representative if authorized by the license holder. Authorization for entrance to 

and inspection of property and collection of hemp samples for testing must be granted by signature of the 

licensee as a part of the licensing process. If neither the license holder nor an authorized agent is planning 

to be present during the inspection and sampling event, communications with the license holder occurring

before the inspection and sampling event must make the licensee and the sampling agent aware of the lots to 

be sampled, the location of the lots, and any other information pertinent to the inspection process.

D. The licensee must provide the sampling agent, the commissioner, or any law enforcement 

agency with complete and unrestricted access during business hours to:

(1) all areas where growing or harvested hemp and other cannabis plants are stored;

(2) all land, buildings, and otherstructures used forthe cultivation, handling, producing, and 

storage of all hemp and other cannabis plants; and

(3) all locations listed in the producer's application and license.

E. A producer must not harvest a hemp lot unless a sample has been collected by the sampling 

agent no more than 30 days before the harvest. A sample must be collected by a sampling agent. A producer

is prohibited from collecting a sample from the producer's own growing facility.

F. A sample collected according to established protocols approved by the commissioner are

deemed representative of the location or lot from which the sample is obtained.

G. Lot compliance is based on whetherthe hemp THC level result determined on a dry weight basis

includes a value of 0.3 percent within a range of values specified by plus or minus the measurement of 

uncertainty.

H. Any sample testresult exceeding the acceptable hemp THC level is conclusive evidence that the 

lot represented by the sample is not in compliance with this chapter and must be disposed of or remediated

in accordance with Code of Federal Regulations, title 7, section 990.27.

I. Any test result from a sample collected by the sampling agent is considered the official test result 

representing the lot.

J. A licensee must not commingle harvested lots of hemp plants with other harvested lots or 

other material without a proper Fit for Commerce certificate.

K. If a licensee is notified by the commissioner that the licensee's location will not be inspected by

the commissioner within 30 days before harvest,the licensee isrequired to submit a certificate of analysis 

from an approved testing lab to demonstrate that the licensee's lots are within acceptable hemp THC levels.
17

Subp. 3. Research and breeding.

A. In addition to the requirements of part 1565.0400, an individual applying for a license to

conduct hemp research and hemp breeding must submit to the commissioner a summary outlining the

individual's objectivesfor performing hemp research or breeding, a timeline of activities, and a sampling plan

that demonstrates a confidence level of 95 percent that no more than one percent of the plants in each lot 

would exceed the acceptable hemp THC level. The sampling planmust also demonstrate a processfor collecting

a representative sample that is a homogeneous composition of the lot and provide a disposal plan for any 

cannabis plants that are found to exceed the acceptable hemp THC level.

B. A research and breeding licenseemust provide testing data to the commissioner when requested

andmay be subjectto inspection,sampling, and testing by the commissioner.

C. Hemp that is grown for research purposes may not be offered for sale or otherwise enter 

the stream of commerce.

D. A hemp breeder must report all new varieties to the commissioner before release for

commercial sale. A hemp breeder must also provide documentation that shows the varieties developed have

been tested through a minimum of two generationsto be at or below 0.3 percent THC.

1565.0700 CANNABIS PLANT; THC LEVEL OVER 0.3 PERCENT.

Subpart 1. Disposal of certain plants. A cannabis plant with a THC level exceeding the acceptable hemp

THC level constitutes marijuana, a Schedule I Controlled Substances Act drug, and the producer must dispose 

of the noncompliant plants.

Subp. 2. Disposalrequirements. The producer must dispose of noncompliant plants by using a Drug 

Enforcement Agency-registered reverse distributor or law enforcement agency, or the producer must dispose

of the noncompliant plants on site at the farm or the hemp production facility.

Subp. 3. Remediation. A producer may bring noncompliant plants through the remediation process.

Noncompliant plants that have gone through the remediation process may be resampled and retested to 

ensure the plant material is within the acceptable hemp THC level before it may enter the stream of commerce.

If the plant material tests above the acceptable hemp THC level,the plantmaterial is noncompliant hemp and

must be disposed.

Subp. 4. Documentation. Alicenseemust providedocumentationto the commissioner in the form of inperson meetings, pictures, videos, or other proof to verify that proper disposal or remediation of 

noncompliant plants occurred successfully.

1565.0800 FIT FOR COMMERCE CERTIFICATION.

Subpart 1. Transferring hemp ownership. A person must not transfer ownership of raw hemp to a 

processor or to the public without a Fit for Commerce certificate.

Subp. 2. Acquiring raw hemp. A processor must not acquire or process raw hemp grown within

Minnesota without acquiring a copy of a Fit for Commerce certificate issued by the commissioner to the grower 

specific to the lot being purchased.

Subp. 3. Drying orfield-cleaning hemp. For purposes ofthis part, "processing" does not include drying or
18

field-cleaning of hemp. The licensee must notify the commissioner if the licensee is drying or field-cleaning 

hemp from the lot in a location other than what is listed on the licensee's application or license.

Subp. 4. Hemp from outside the state. A licensed processor using hemp obtained from outside of

Minnesota must maintain a bill of lading, certificate of analysis, and other proper documentation 

demonstrating that the hemp is from a source approved through another state or a federally approved plan. 

The licensee must retain such records for three years and produce them upon request of the commissioner, 

law enforcement, or other regulatory entity. Imported hemp products must meet all applicable state and

federal laws.

1565.0900 TRANSPORTING HEMP.

During transport of any raw hemp, the transporter must have in the transporter's possession:

A. a copy of the owner of the raw hemp's license, and, if different, the license of the individual

receiving the raw hemp, a Fitfor Commerce certificate, certificate of analysis, or equivalent; and

B. ifthe hemp isfrom anotherstate, a bill of lading or other proper documentation demonstrating 

that the hemp was legally imported into Minnesota under applicable state and federal laws and from 

sources approved through another state or federally approved plan.

1565.1000 HEMP PROPAGULES.

Subpart 1. Record keeping. To sell or purchase hemp propagules, a licensee must maintain the following 

documents on record for three years:

A. the lot number or other lot identification of the hemp propagule lot;

B. a copy of the genuine grower's declaration or similar documents containing the same 

information;

C. copies of invoices showing the sale of each propagule lot, including the name of the person the

lot was sold to, the amount sold, the date of sale, the name of the variety, and the lot number;

D. a copy of the label that was attached to or accompanied the propagule lot;

E. a copy of the field and final certification documents, if applicable;

F. a copy of each report concerning the testing of hemp seed forlabeling purposes, including the 

total THC concentration; and

G. a copy of required United States Department of Agriculture documents if importing the 

propagules from another country.

Subp. 2. Hemp destruction required. Upon suspension, revocation, expiration, or nonrenewal of a 

licensee's license under this chapter, the licensee must destroy any live cannabis plants without 

reimbursement.

Subp. 3. Volunteer hemp plants. When volunteer hemp plants are present, a licensee must either (1) 

destroy the volunteer hemp plants, or (2) register the location where theplants are present as a new grow

location and pay any fees required by this chapter. The licensee must also update the location information 
19

with the Farm Service Agency.

Subp. 4. Hemp seed labeler. A hemp seed labeler selling seed in Minnesota must possess a current 

Minnesota seed permit and comply with Minnesota Statutes, sections 21.80 to 21.92, Minnesota Rules, parts

1510.0011 to 1510.0360, the Federal Seed Act under United States Code, title 7, sections 1551 to 1611, and

Federal Seed Act Regulations under Code of Federal Regulations, title 7, part 201.

 Subp. 5. Prohibited sales. A person must not sell hemp propagules for commercial purposes to any 

person in the state that is not licensed by the commissioner under this chapter. Upon request from the 

commissioner, a person selling hemp propagules for commercial purposes must provide records showing to 

whom hemp propagules were distributed.

Subp. 6. Wild hemp. A licensee must not acquire or grow hemp propagules of wild, landrace, or unknown

origin withoutfirst obtaining written approvalfromthe commissioner. Hemp clone lots must have the total THC 

concentration tested for each generation before sale of any plants from that lot.

1565.1100 HEMP PRODUCTION.

Subpart 1. Grow location. Unless restricted by local ordinance or other state law, a person licensed 

under this chapter may grow hemp in any area zoned for agriculture.

Subp. 2. Residential prohibition. A person must not grow, dry, process, or store hemp plants in 

residential dwellings.

Subp. 3. Compliance. A person producing or processing hemp must comply with all federal and state 

pesticide, food, and feed laws.

1565.1200 HEMP DATA AND REPORTING REQUIREMENTS.

Subpart 1. Recordkeeping. Alicenseemustmaintainrecordsregarding theacquisition, production, handling,

selling,remediation, and disposal of all plantssubject to this chapter. All records must be maintained for at 

least three years. A licensee's records and data maintained at a grow location or processing area are subjectto

an audit by the commissioner. A licensee must make available for inspection by the commissioner or the

commissioner's designee during reasonable business hours or upon request by the commissioner allrecords 

required to be kept under this subpart.

Subp. 2. Required notification. A licensee must notify the commissioner and local law enforcement 

within 24 hours of discovery that any of the licensee's hemp is missing, has been stolen, orissuspected to have

beenmodified ortampered with withoutthe licensee's approval.

Subp. 3. Copy of license. A licensee must provide a copy of the licensee's license upon request by the

commissioner or law enforcement at any time. A copy must be given to the landowner or facility owner where

hemp is grown or processed if the landowner or facility owner is not the licensee.

 Subp. 4. Data transferring. Any information obtained by the commissioner regarding a licensee's growing

or production of hemp may be provided to federal, state, or local law enforcement agencies by the 

commissioner without further notice to the licensee.

Subp. 5. Required report. A producer must report the producer's hemp crop acreage to the Farm Service

Agency as required by Code of Federal Regulations, title 7, part 990.7.
20

Subp. 6. Requiredlab reports. Alaboratory approved by the commissionerto conduct regulatory samples 

of hemp for licensees under this chapter must report its results for all samplestested to theUnited States

Department of Agriculture asrequired by Code of Federal Regulations,title 7, part 990.7. A laboratorymust only

submittestresults used to determine compliance with this part. Test results from informal testing conducted 

throughout the growing season are not required to be reported to the United States Department of 

Agriculture.

 Subp. 7. Sampling agentsinformation. The commissionermustmaintain information on sampling agents 

as required by federal law.

1565.1300 DENIALS AND VIOLATIONS.

Subpart 1. Disqualifying convictions.

A. The commissioner must deny an application for a license if the applicant or a key participant

has been convicted of any felony related to the possession, production,sale, or distribution of a controlled 

substance in any form within ten years of the date of the application.

B. If an individual, as described in part 1565.0300, subpart 3, has any felony related to the 

possession, production, sale, or distribution of a controlled substance on the individual's criminal history

report,the individual isineligible to produce hemp or participate in the hemp program under this chapter for 

ten years following the date of the conviction.

Subp. 2. Seizure and destructionof hemp. When the commissionerrevokes a license or registration, any 

hemp in possession of the revoked party must be destroyed by the revoked party. If the hemp is not 

destroyed, it is subject to seizure and destruction by the commissioner or law enforcement. The revoked party 

is responsible for the cost of the seizure and destruction of the hemp.

 Subp. 3. Negligent violations.

A. A producer is subject to corrective action under subpart 4 for negligently:

(1) failing to provide an accurate legal description of land where hemp is produced;

(2) producing hemp without a license; or

(3) producing cannabis (marijuana) exceeding the acceptable hemp THC level.

B. A hemp producer is not negligent under this subpart if the producer makes reasonable 

efforts to grow hemp and the cannabis does not have a delta-9 tetrahydrocannabinol concentration 

exceeding the level defined in Code of Federal Regulations, title 7, part 990.6(b)(3).

 Subp. 4. Corrective actions for negligent violations.

A. For each negligent violation,the commissionermustissue aNotice of Violation and require a 

corrective action plan for the producer. The producer must comply with the corrective action plan to cure 

the negligent violation. Corrective action plans must be in place for a

minimum of two years from the date of the corrective plan's approval. The producerissubject to and must

cooperate with additional inspectionsto ensure compliance with the corrective action plan.
21

B. Corrective action plans must, at a minimum, include:

(1) the date by which the producer is required to correct each negligent violation;

(2) steps to correct each negligent violation; and

(3) a description of the procedures to demonstrate compliance.

C. A producer that negligently violates this part must not, as a result of the violation, be subjectto

any criminal enforcement by any federal,state, orlocal government.

D. If a subsequent violation occurs while a corrective action plan is in place, a new corrective

action plan must be submitted with a heightened level of quality control, staff training, and quantifiable 

action measures.

E. The commissionermustrevoke the license of a producerthat hasthree negligent violations in a

five-year period. The negligent producer is also ineligible to produce hemp for a period of five years 

beginning on the date of the third violation. Producers shall not receive more than one negligent violation 

per growing season.

Subp. 5. Other violations.

A. If the commissioner determines that a licensee has violated the terms of the license or of this

part with a culpable mentalstate greaterthan negligence, the commissioner must immediately report the 

violation to the United States Department of Agriculture, the United States Attorney General, and the chief 

law enforcement officer of the state.

B. When the terms of item A have been met,subparts 3 and 4 do not apply to the violation.

1565.1400 LICENSE REVOCATION.

Subpart 1. Immediate license revocation. The commissioner must immediately revoke a license if a 

licensee:

A. pleads guilty to, or is convicted of, any felony related to a controlled substance;

B. made anymaterially false statementregarding the requirements ofthis chapter to the 

commissioner with a culpable mental state greater than negligence;

C. is found to be growing cannabis exceeding the acceptable hemp THC level with a culpable 

mental state greater than negligence; or

D. has negligently violated this chapter three times in five years.

Subp. 2. Inspection interference. It is unlawful for any person to hinder or obstruct an inspector from 

inspecting, sampling, or carrying out the duties under this chapter or Minnesota Statutes, chapter 18K.

1565.1500 LABORATORY REQUIREMENTS.

After December 31, 2022, only laboratories registered with the Drug Enforcement Agency may conduct 
22

testing under this part. At a minimum, a laboratory conducting analytical testing of

samples for delta-9 tetrahydrocannabinol concentration levels for purposes of the testing required by this 

chapter must:

A. use the post decarboxylation value method or other similarly reliable methods approved by 

the commissioner and the United States Department of Agriculture;

B. determine and report the total delta-9 tetrahydrocannabinol concentration level on a dry weight 

basis;

C. estimate and report the measurement of uncertainty with test results; and

D. use appropriate, validated methods and procedures for all testing activities required under 

this chapter and evaluate the measurement of uncertainty.
23

APPENDIX 1. HEMP INSPECTION, SAMPLING, AND TESTING PROTOCOL 

Purpose

Samples are taken to obtain specimens for the measurement of tetrahydrocannabinol (THC) content, which 

determines whether the plants are hemp or marijuana. The measurements are intended to be representative 

of the THC content in a Lot of hemp crop acreage as identified by the producer. Samples are taken to obtain 

specimens for the measurement of tetrahydrocannabinol (THC) content, which determines whether the plants 

are hemp or marijuana. The measurements are intended to be representative of the THC content in a Lot of 

hemp crop acreage as identified by the producer. Hemp growers must submit Harvest Report to the 

Department no more than 30 days and no less than 5 days prior to harvest.

Scope

Samples collected according to these procedures are acceptable for submission to a qualified, Departmentapproved laboratory for regulatory determination of THC in hemp.

Since the THC content of hemp generally peaks as the plant ripens, the timing of when sampling occurs is 

important to accurately measure THC concentration and monitor compliance with the Minnesota Hemp 

Development Act (M.S. 18K) and the 2018 Farm Bill (7 U.S.C. 1639).

Official regulatory samples must be collected by a Department inspector or sampling agent. All official 

samplers must receive hemp-specific training on sample collection, provided by either the MDA or the USDA.

It is the responsibility of the licensee to pay any fees associated with sampling. An official sample will be 

considered to represent the THC level of a Lot. Licensees must also sample according to the Department 

sampling protocol for Lots that MDA does not inspect.

Inspection Selection and Notification

All hemp licensees in Minnesota are subject to routine inspection of the facility, grow location, and records 

required by the Department, FSA, and USDA. All hemp Lots grown in Minnesota are also subject to sampling to 

verify that the THC concentration of the hemp planted within a registered site does not exceed the acceptable 

hemp THC level. The licensee must obtain confirmation from the Department that official sampling has been 

completed or is not required for a Lot before it is harvested. 

The Department shall utilize both risk-based and random approaches to select licensees to be inspected and 

Lots to be sampled to meet the performance-based sampling goals. The Department shall sample the 

appropriate number of plants to ensure, at a confidence level of 95%, that no more than 1% of the plants in 

the Lot would exceed the acceptable hemp THC level. Risk-based determinations will be based on the 

grower’s history including those operating under a corrective action plan as well as variety testing data to 

prioritize sampling higher-risk varieties. The Department will update this inspection selection and sampling 

model as needed to ensure that we have 95% confidence in detecting non-compliant hemp in the state. 

Updated inspection and sampling protocols will be submitted to the USDA for approval.

The Department will use the following procedures to identify growers that will be inspected and to select 

hemp Lots for sampling each year: 
24

A. GROWERS

1. MDA will compile list of all licensees. MDA will use the licensees’ performance history to determine if 

inspection and/or sampling are necessary.

a. Growers in the program for at least two years with no history for growing non-compliant hemp may not 

be selected for inspection or sampling. Growers that maintain a program to evaluate compliance prior 

to harvest through routine testing may only be subject to a records inspection.

b. New growers will always be inspected and sampled.

c. Growers operating under a Corrective Action Plan will be inspected and sampled. 

d. Growers also licensed to grow for the Medical Cannabis Program will always be inspected and sampled. 

2. MDA will compile a list of all registered grow locations for growers that merit inspection and sampling based 

on the criteria above. MDA will first inspect and sample any Lot that falls into one of the following risk 

factors:

• New Variety in Minnesota

• Variety that has had a ≥10% failure rate previously in Minnesota, based on historical 

data (see Appendix 2)

• If a variety is not approved by Health Canada, AOSCA or OECD or other organization that 

approves hemp varieties for seed certification, then it will be deemed high risk if it 

meets one of the following two criteria: The historical testing data in Minnesota 

(Appendix 2) shows that there have been fewer than 5 samples taken of this variety, or 

it has a ≥5% failure rate

• Lots that are from Open-Pollinated Seed Saved for Replanting

• Lots grown next to Recreational Marijuana grows if it becomes legal in Minnesota

3. After the risk-based analysis is completed and licensees are selected for inspection and/or sampling, 

each remaining unassigned grow location will be assigned a random number by using a random 

number generator.

4. Additional grow locations will be selected for sampling in random numerical order, until 80% of the 

total registered grow locations are selected. * 

*Exact percentage of grow locations to be selected will fluctuate depending on the number of hemp 

Lots that have risk factors. The MDA is using all historical THC testing results data from the 5 years 

of the Minnesota Hemp Pilot Program to determine low- and high-risk varieties (data published on 

the MDA website).

B. RESEARCHERS AND BREEDERS

1. MDA will conduct a facility and/or records inspection of all licensees of this type on an annual basis to 

determine compliance with requirements under this section.

2. Licensees are also subject to official sampling if deemed necessary as a result of the facility/records 

inspection.

In addition to any routine inspection and sampling, MDA may inspect and take samples from any registered 

site during normal business hours without advance notice if they have reason to believe a violation of the 
25

program rules is occurring.

This document provides procedures for entering a growing area and collecting the minimum number of plant 

specimens necessary to represent a homogeneous composition of the Lot that is to be sampled. For the 

purposes of these procedures, a Lot is a contiguous area in a field, greenhouse, or indoor growing structure 

containing the same variety or strain of cannabis throughout. A Lot is to be defined by the grower in terms of 

farm location, field acreage, and to be reported as such to the FSA.

The licensee must file a Planting Cycle Form with the MDA to report their planted Lots and anticipated harvest 

dates. Licensee must record their “FSA number” on the Planting Cycle Form, i.e. the Farm-Tract-CLU/Field 

Number from their completed FSA-578 form. A physical copy of the form may be submitted by mail, email, or 

fax, or they may submit electronically via the OnBase Planting Cycle Form. The MDA staff will select Lots for 

sampling and schedule inspections based on the anticipated harvest date(s) declared on the form. Hemp 

growers may not harvest hemp prior to submitting a Harvest Report to the Department. Samples are taken to 

obtain specimens for the measurement of tetrahydrocannabinol (THC) content, which determines whether 

the plants are hemp or marijuana. The measurements are intended to be representative of the THC content in 

a Lot of hemp crop acreage as identified by the producer. Hemp growers may not harvest hemp prior to 

submitting a Harvest Report to the Department.

MDA will send notification by phone/email to each licensee selected for sampling of an upcoming inspection. 

MDA inspectors will work with the licensee to schedule the inspection for a date and time that works for both 

parties, however, it may not always be possible for the inspector to accommodate their schedule. For those 

Lots that will be sampled by the Department, harvest of the Lot must be completed no more than 30 days 

after, and not before, the regulatory sample collection date. 

During an inspection, the licensee or an authorized representative with clear knowledge of the variety 

delineations should be present to direct the inspector accordingly. Inspectors must be provided complete and 

unrestricted access to all hemp plants, parts, and seeds within a registered site whether growing or harvested; 

all land, buildings and other structures used for the cultivation and storage of hemp; and all records. The 

licensee must label or otherwise clearly mark the field and individual Lots of hemp. The MDA inspector will 

verify the correct Lots are being sampled by checking the labels. The MDA inspector will take photos of the 

labels as part of the inspection process. If a location lacks clear boundaries for accurate sample collection, 

inspector will indicate as such on the Inspection Form.

A Notice of Inspection (NOI) must be issued prior to conducting each field inspection and sampling. The NOI 

will be emailed/mailed to the licensee prior to visiting the field, delivered by hand at the time of inspection, or 

emailed/ mailed after the inspection.

Sampling Timing

Within the 30- day window prior to the anticipated harvest of cannabis plants, an MDA inspector shall collect 

representative samples from such cannabis plants for THC concentration testing. In general, at least 75% of 

the female plants in the Lot must be in flower, with at least 2 inches of flower present lengthwise along the 

stem, for the inspector to be able to take a sample. In some cases, harvest might occur prior to, or very early 

in, the flowering process, such as for hemp grown for fiber production. After verifying with the grower that the 

harvest will indeed occur within 30 days, the inspector will collect the top 5 inches of leaf and stem material 

from the plants.
26

Sampling Equipment

1. Clippers- Must be cleaned and disinfected prior to and following each composite sample. 

2. Sampling Bags (brown paper bags)- The bags should be made from material known to be free from THC.

3. Custody Seals- To seal the paper bag after the sample has been placed inside.

4. Sample Stickers- To label the sampling bag with the correct sample ID number.

5. MDA Inspection & Sampling Form and/or OnBase Inspection Form- To be completed by inspector on stateissued iPhone or Tablet.

6. Camera/ Phone with camera

7. Disposable gloves

8. Lysol spray or alcohol- For disinfecting clippers.

9. Steel wool- May be needed to scrub sticky plant resins off of the clipper blades.

Sampling Procedure

For sampling purposes, samples from separate Lots must be kept separate and not come in contact with each 

other. Each hemp Lot and sample must consist of one variety.

1. The inspector strategically examines the growing area and establishes an approach for navigating the 

growing area. Inspector talks to individual present on site and tells them what they will do to collect the 

sample. Inspector shall check that the Lots are labeled with Lot numbers and/or variety names, and ensure 

they clearly understand the extent of each Lot before they begin sampling.

2. Inspector pulls next consecutive sample label off the sheet and places on a clean paper bag. 

3. Inspector records sample number and variety name on Inspection form, as well as notes on the hemp Lot 

condition, size of the population, and number of plants sampled. 

4. Inspector takes 3 pictures for each sample collected: the bag with the label; the marker with the Lot number 

or variety name that the grower has placed to identify the Lot; and the hemp plants representing the Lot.

5. Inspector collects individual specimens of plants in order to obtain a representative sample of the 

designated hemp Lot. 

6. Inspector walks through the grow location to collect samples at random intervals. “Industrial” hemp fields, 

as those grown for fiber or grain, are densely planted. In those fields, the inspector walks a transect through 

the grow location, beginning at one point and walking towards another point on the opposite side of the field. 

Inspectors will walk a total of 2- 4 additional transects in perpendicular directions. For “CBD-type” hemp 

grows, the plants are usually widely spaced and planted in rows. The inspector may walk up and down the 

rows in a zigzag pattern. In either case, the inspector shall take cuttings of the appropriate number of plants at 

random intervals. Exact sampling pattern is ultimately at the discretion of the inspector.
27

7. The inspector shall cut the top 5 inches of the female, flowering plants from the top half of the plant. All 

cuttings from each Lot shall be placed in a paper bag, ensuring that each variety is in its own separate bag. The 

inspector will seal the bag with a chain of custody seal. 

8. Inspector shall cut flowers growing on the top half of the plant. For CBD-type hemp, the inspector should 

cut flowers from a mixture of leading colas and side-branch flowers, while still limiting the cuttings to the top 

half of the plant. For grain- and fiber- type hemp, inspectors will take cuttings from the main flower/stalk.

9. Inspector shall repeat steps 1-8 for each subsequent Lot. Inspector shall complete the process for each Lot 

before beginning sampling of a new Lot.

Sample Size Guidelines 

The number of individual cuttings for each Lot will vary based on the population size. Inspectors will use the 

following guidelines to determine how many plants to sample for each Lot.

For small indoor and outdoor grow locations, inspectors shall sample as such: 

• 1- 10 plants—sample every plant

• 10- 50 plants—sample half the plants

• 50 + plants- take cuttings of 30 plants

For all other fields, up to 100 acres in size, 30 plants will be sampled. Individual, non-contiguous fields will be 

sampled separately. Each variety will be considered a separate Lot and will be sampled separately. 

For fields over 100 acres: the number of samples will be 30 plants + 10 plants per additional 100 acres. 

Sample Identification

Samples will be labeled with a unique number for every sample. Sample number stickers will be provided to all 

inspectors. Sample numbers are written in the format of initials; year collected; and number of the sample 

chronologically. For example, JS21001 (JS for John Sampler, 21 for 2021, and 001 for the first sample of the 

year). Inspectors should use stickers in chronological order. Inspector shall place sticker on outside of paper 

bag. 

Data Collection

The inspector will verify the GPS coordinates of the growing area as compared with the GPS coordinates 

submitted by the licensee. The inspector shall visually scan the homogeneity of the stand to establish that the 

growing area is of like variety. The inspector may record notes concerning characteristics of the hemp stand, 

such as, the approximate density, condition of the plants, and degree of maturity of the flowering material. 

The inspector shall record the total number of plants and/or size in acreage or square footage for each Lot 

sampled, as well as the number of plants sampled. 

Inspector shall also attempt to gather the following information from the grower or authorized representative 

present at the time of inspection: variety name(s), source of seed/plants (seller/labeler), seed label, and 

certificate of analysis for the varieties planted. If the information is not obtainable at the time of inspection, 

inspector shall indicate as such. 

Inspectors will complete an OnBase Inspection Form on a state-issued iPhone or tablet for each Lot sampled.
28

Specimen Handling and Testing

Samples should be stored in a dry location until drop-off at the testing laboratory to maintain sample integrity. 

Samples should be submitted to the lab as soon as possible. If immediate lab submission is not possible, then 

the inspector should shake up the plant material in the bags once a day to ensure they are not molding within 

the bag. Each sample is recorded on a sample chain of custody form, which must follow the sample during 

transport, and is submitted to the lab along with the samples. Any time the sample changes hands, the chain 

of custody form must be signed and dated by the inspector.

Samples may also be mailed to the lab by the inspector. Mailed samples should be overnighted and should not 

be sent on Fridays to ensure that they do not get stuck in the box for the weekend. Mailed samples should 

have a completed sample chain of custody form included in the box.

Sample drying begins immediately upon arrival at the lab in order to avoid mold or rotting. If the plants are 

particularly high in moisture content, they may be dried on a drying rack or in a heat dryer. The dried sample is 

then ground up in a grinding machine to completely homogenize the sample. The ground material is passed 

through a sieve with 1.5 screen size.

The delta-9 tetrahydrocannabinol is currently analyzed for regulatory samples via High Performance Liquid 

Chromatography (HPLC) with an Ultraviolet (UV) light detector (HPLC/UV) by the lab, but either Gas 

Chromatography (GC) or HPLC methods are acceptable.

THC concentration is reported to approximately 0.00200% reporting limit by weight (dependent on the exact 

mass of the testing sub-sample). The final number used for regulatory purposes is delta-9 THC postdecarboxylation, which is equal to delta-9 THC + (THCA*0.877) when analyzed via HPLC methodology. The 

THC concentration, after factoring in the lab’s testing measure of uncertainty, may not exceed 0.3%.

Hemp Lot Certification and Failures

Upon receipt of the test results, MDA will mail a letter to the licensee. A Fit for Commerce Certificate will be 

mailed to those licensees whose samples tested at or below the acceptable hemp THC level. A Failure Notice is 

mailed to those licensees whose samples test above the acceptable hemp THC level.

Any destruction of failed hemp Lots must be entered into an MDA Disposal Report Form. The licensee, 

inspector, or law enforcement agent will submit the completed form to the Department.

Sampling After Remediation

Remediated biomass shall be resampled and retested to ensure compliance before entering the stream of 

commerce. Biomass that fails the retesting shall be destroyed.

The remediated biomass must be shredded by the grower, prior to the resampling inspection. The biomass 

material must be a homogenous, uniform biomass. Remediated biomass should be separated from any 

compliant hemp and clearly labeled and demarcated as “hemp for remediation purposes.” All Lots subject to 

remediation should be stored, labeled, and demarcated apart from each other and from other compliant 

hemp Lots stored nearby. 

A representative sample of the biomass should be taken for compliance purposes. When taking the resample, 

the inspector should take biomass material from various depths, locations, and containers in the labeled and 

demarcated area to collect a representative sample of the material. At minimum, about 750 milliliters (mL) or 
29

three (3) standard measuring cups of biomass material should be collected. If 750 mL of material is not 

available, the inspector should collect enough biomass material for a representative sample. The inspector 

shall label, record, handle, and submit the collected sample in the same manner as is done with regulatory 

samples of live hemp plants. 

Remediated biomass should not leave the labeled and demarcated area until a test results showing 

compliance with the acceptable hemp THC level is received or until the biomass will be destroyed.
30

APPENDIX 2. DATA SHARING PROTOCOL 

Purpose

To specify the data that the Minnesota Department of Agriculture (MDA) collects during the licensing, 

inspection, and sampling process for the Hemp Program, and indicate the procedure by which the MDA will 

report such data to the U.S. Department of Agriculture (USDA).

Data Collection

The MDA collects data from Hemp Program applicants during the application process. The data is entered by 

the applicant into an online application form and the collected data is stored in a State License Information 

System (LIS) and a secure, online ArcGIS map which is monitored by the MDA Hemp Program staff and State 

Information Technology personnel. The following data is collected from each Applicant during the license 

application process and maintained by the MDA:

1. Full name of each Applicant

2. Federal Employer Identification Number (EIN) of Entity Applicant 

3. Physical address of individual Applicant

4. Physical address of principal business location of Entity Applicant

5. Mailing address, if different from physical address

6. Telephone Number

7. Email address, if available

8. Full name, title, and email address (if applicable) of Key Participants

9. Criminal History Report of each individual Applicant or Key Participants

10. Date of application and Date of licensing

11. Legal description of each registered land area where hemp will be grown or processed, which includes;

a. Street address

b. City and State

c. Zip Code

d. County

e. Latitude

f. Longitude

g. Township

h. Range

i. Section

j. Quarter Section

12. Geospatial location data on land area where hemp will be grown or processed

The MDA creates or assigns the following data for each licensee at the time of application:

1. License Number

2. Entity ID Number

3. License Status (i.e. In Good Standing, On Hold, Revoked, etc.)

The MDA inspects and samples a random subset of registered grow locations and submits samples to a 

Department- approved lab for THC analysis. Samples of hemp plants are collected for every Lot by the 

licensee and the samples are submitted to a Department- approved lab for THC concentration analysis. 

Samples collected by all entities will follow procedures as outlined in the Department’s Sampling Plan. The 

lab reports the test results to the MDA. The MDA hemp program staff makes the determination of whether a 
31

specific hemp Lot conforms to the legal definition of hemp based on the test results. The data collected 

during this process are listed below. This data will be maintained by the MDA and shared with the USDA to 

the extent necessary to comply with 7 C.F.R. Part 990:

1. Sample number

2. Hemp variety sampled

3. Name of the grower/license holder

4. FSA Lot Number (Farm, Tract, CLU/Field number)

5. Producer’s license number

6. Legal description and geospatial location of the land area where the sample was collected

7. Date ofsampling

8. Date of lab submission

9. THC test results for the sample

10. Legal determination of sample (Pass/Fail)

Data Retention

The Hemp Program will maintain application, licensing, and testing information for four years.

MDA Data Reporting

Producer Report: As required by 7 C.F.R. § 990.70(a), the MDA will share a Producer Report with the USDA. 

The MDA will email an Excel spreadsheet to the appropriate USDA mailbox by the first of each month. The 

MDA will only send data on new licenses issued and changes to licenses in the 30 days since the last report 

was sent. After the USDA has developed an automated, online method of delivering the information, the 

MDA will use that new system.

Disposal and Remediation Report: In accordance with 7 C.F.R. § 990.70(b), the MDA will notify the USDA of 

any occurrence of cannabis plants or plant material that do not meet the definition of hemp, and attach 

records demonstrating the appropriate Disposal or Remediation of all of those plants and materials from the 

Lot from which the representative samples were taken. MDA will provide USDA a Hemp Disposal and 

Remediation Report every month with the information required by that subpart, including:

1. Name and address of the producer

2. Producer license number

3. Location information, such as Lot number, location type, and geospatial data, or other location descriptor 

for the production area subject to Disposal or Remediation, Disposal or Remediation completion date

4. Total acreage

Annual Report: MDA will provide USDA with an Annual Report by December 15 of each year, as 

required by 7 C.F.R. § 990.70(c), with the following information:

1. Total planted acreage.

2. Total harvested acreage.

3. Total acreage Disposed or Remediated.
32

APPENDIX 3. ENFORCEMENT AUTHORITY 

 

MINNESOTA STATUTES CHAPTER 18J – INSPECTION AND ENFORCEMENT

18J.01 DEFINITIONS.

(a) The definitions in sections 18G.02, 18H.02, 18K.02, 27.01, 223.16, 231.01, and 232.21 apply to this chapter.

(b) For purposes of this chapter, "associated rules" means rules adopted under this chapter, chapter 18G, 18H, 

18K, 27, 223, 231, or 232, or sections 21.80 to 21.92.

18J.02 DUTIES OF COMMISSIONER.

The commissioner shall administer and enforce this chapter, chapters 18G, 18H, 18K, 27, 223, 231, and 232; 

sections 21.80 to 21.92; and associated rules.

18J.03 CIVIL LIABILITY.

A person regulated by this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections 21.80 to 21.92, is 

civilly liable for any violation of one of those statutes or associated rules by the person's employee or agent.

18J.04 INSPECTION, SAMPLING, ANALYSIS.

Subdivision 1. Access and entry. The commissioner, upon presentation of official department credentials, 

must be granted immediate access at reasonable times to sites where a person manufactures, distributes, 

uses, handles, disposes of, stores, or transports seeds, plants, grain, household goods, general merchandise, 

produce, or other living or nonliving products or other objects regulated under chapter 18G, 18H, 18K, 27, 

223, 231, or 232; sections 21.80 to 21.92; or associated rules.

Subd. 2.Purpose of entry. (a) The commissioner may enter sites for:

(1) inspection of inventory and equipment for the manufacture, storage, handling, distribution, disposal, or 

any other process regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or 

associated rules;

(2) sampling of sites, seeds, plants, products, grain, household goods, general merchandise, produce, or other 

living or nonliving objects that are manufactured, stored, distributed, handled, or disposed of at those sites 

and regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;

(3) inspection of records related to the manufacture, distribution, storage, handling, or disposal of seeds, 

plants, products, grain, household goods, general merchandise, produce, or other living or nonliving objects 

regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;

(4) investigating compliance with chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or 

associated rules; or
33

(5) other purposes necessary to implement chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 

21.92; or associated rules.

(b) The commissioner may enter any public or private premises during or after regular business hours without 

notice of inspection when a suspected violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 

to 21.92; or associated rules may threaten public health or the environment.

Subd. 3. Notice of inspection samples and analyses. 

(a) The commissioner shall provide the owner, operator, or agent in charge with a receipt describing any 

samples obtained. If requested, the commissioner shall split any samples obtained and provide them to the 

owner, operator, or agent in charge. If an analysis is made of the samples, a copy of the results of the analysis 

must be furnished to the owner, operator, or agent in charge within 30 days after an analysis has been 

performed. If an analysis is not performed, the commissioner must notify the owner, operator, or agent in 

charge within 30 days of the decision not to perform the analysis.

(b) The sampling and analysis must be done according to methods provided for under applicable provisions of 

chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules. In cases not covered 

by those sections and methods or in cases where methods are available in which improved applicability has 

been demonstrated the commissioner may adopt appropriate methods from other sources.

Subd. 4. Inspection requests by others. 

(a) A person who believes that a violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 

21.92; or associated rules has occurred may request an inspection by giving notice to the commissioner of the 

violation. The notice must be in writing, state with reasonable particularity the grounds for the notice, and be 

signed by the person making the request.

(b) If after receiving a notice of violation the commissioner reasonably believes that a violation has occurred, 

the commissioner shall make a special inspection in accordance with the provisions of this section as soon as 

practicable, to determine if a violation has occurred.

(c) An inspection conducted pursuant to a notice under this subdivision may cover an entire site and is not 

limited to the portion of the site specified in the notice. If the commissioner determines that reasonable 

grounds to believe that a violation occurred do not exist, the commissioner must notify the person making the 

request in writing of the determination.

Subd. 5. Order to enter after refusal. After a refusal, or an anticipated refusal based on a prior refusal, to allow 

entrance on a prior occasion by an owner, operator, or agent in charge to allow entry as specified in this 

section, the commissioner may apply for an order in the district court in the county where a site is located, 

that compels a person with authority to allow the commissioner to enter and inspect the site.

Subd. 6.Violator liable for inspection costs. 

(a) The cost of reinspection and reinvestigation may be assessed by the commissioner if the person subject to 
34

an order of the commissioner does not comply with the order in a reasonable time as provided in the order.

(b) The commissioner may enter an order for recovery of the inspection and investigation costs.

Subd. 7. Investigation authority. 

(a) In making inspections under this chapter, the commissioner may administer oaths, certify official acts, issue 

subpoenas to take and cause to be taken depositions of witnesses, and compel the attendance of witnesses 

and production of papers, books, documents, records, and testimony.

(b) If a person fails to comply with a subpoena, or a witness refuses to produce evidence or to testify to a 

matter about which the person may be lawfully questioned, the district court shall, on application of the 

commissioner, compel obedience proceedings for contempt, as in the case of disobedience of the 

requirements of a subpoena issued by the court or a refusal to testify in court.

18J.05 ENFORCEMENT.

Subdivision 1. Enforcement required. 

(a) A violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or an associated rule is 

a violation of this chapter.

(b) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in 

the enforcement of the general criminal laws must take action to the extent of their authority necessary or 

proper for the enforcement of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or 

associated rules or valid orders, standards, stipulations, and agreements of the commissioner.

Subd. 2. Commissioner's discretion. If minor violations of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 

21.80 to 21.92; or associated rules occur or the commissioner believes the public interest will be best served 

by a suitable notice of warning in writing, this section does not require the commissioner to:

(1) report the violation for prosecution;

(2) institute seizure proceedings; or

(3) issue a withdrawal from distribution, stop-sale, or other order.

Subd. 3. Civil actions. Civil judicial enforcement actions may be brought by the attorney general in the name of 

the state on behalf of the commissioner. A county attorney may bring a civil judicial enforcement action upon 

the request of the commissioner and agreement by the attorney general.

Subd. 4. Injunction. The commissioner may apply to a court with jurisdiction for a temporary or permanent 

injunction to prevent, restrain, or enjoin violations of this chapter.

Subd. 5. Criminal actions. For a criminal action, the county attorney from the county where a criminal violation 
35

occurred is responsible for prosecuting a violation of this chapter. If the county attorney refuses to prosecute, 

the attorney general on request of the commissioner may prosecute.

Subd. 6. Agent for service of process. All persons licensed, permitted, registered, or certified under chapter 

18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules must appoint the 

commissioner as the agent upon whom all legal process may be served and service upon the commissioner is 

deemed to be service on the licensee, permittee, registrant, or certified person.

18J.06 FALSE STATEMENT OR RECORD.

A person must not knowingly make or offer a false statement, record, or other information as part of:

(1) an application for registration, license, certification, or permit under chapter 18G, 18H, 18K, 27, 223, 231, 

or 232; sections 21.80 to 21.92; or associated rules;

(2) records or reports required under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or 

associated rules; or

(3) an investigation of a violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or 

associated rules.

18J.07 ADMINISTRATIVE ACTION.

Subdivision 1. Administrative remedies. The commissioner may seek to remedy violations by a written 

warning, administrative meeting, cease and desist, stop-use, stop-sale, removal, correction order, or an order, 

seizure, stipulation, or agreement, if the commissioner determines that the remedy is in the public interest.

Subd. 2. Revocation and suspension. The commissioner may, after written notice and hearing, revoke, 

suspend, or refuse to grant or renew a registration, permit, license, or certification if a person violates this 

chapter or has a history within the last three years of violation of this chapter.

Subd. 3. Cancellation of registration, permit, license, certification. The commissioner may cancel or revoke a 

registration, permit, license, or certification provided for under chapter 18G, 18H, 18K, 27, 223, 231, or 232; 

sections 21.80 to 21.92; or associated rules or refuse to register, permit, license, or certify under provisions of 

chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules if the registrant, 

permittee, licensee, or certified person has used fraudulent or deceptive practices in the evasion or attempted 

evasion of a provision of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated 

rules.

Subd. 4. Service of order or notice. 

(a) If a person is not available for service of an order, the commissioner may attach the order to the facility, 

site, seed or seed container, plant or other living or nonliving object regulated under chapter 18G, 18H, 18K, 

27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules and notify the owner, custodian, other 

responsible party, or registrant.

(b) The seed, seed container, plant, or other living or nonliving object regulated under chapter 18G, 18H, 18K, 
36

27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not be sold, used, tampered with, or 

removed until released under conditions specified by the commissioner, by an administrative law judge, or by 

a court.

Subd. 5. Unsatisfied judgments. 

(a) An applicant for a license, permit, registration, or certification under provisions of this chapter, chapter 

18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not allow a final 

judgment against the applicant for damages arising from a violation of those statutes or rules to remain 

unsatisfied for a period of more than 30 days.

(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation of this chapter results in 

automatic suspension of the license, permit, registration, or certification.

18J.08 APPEALS OF COMMISSIONER'S ORDERS.

Subdivision 1. Notice of appeal. 

(a) After service of an order, a person has 20 days from receipt of the order to notify the commissioner in 

writing that the person intends to contest the order.

(b) If the person fails to notify the commissioner that the person intends to contest the order, the order is a 

final order of the commissioner and not subject to further judicial or administrative review.

Subd. 2. Administrative review. If a person notifies the commissioner that the person intends to contest an 

order issued under this section, the state Office of Administrative Hearings must conduct a hearing in 

accordance with the applicable provisions of chapter 14 for hearings in contested cases.

Subd. 3. Judicial review. Judicial review of a final decision in a contested case is available as provided in 

chapter 14.

18J.09 CREDITING OF PENALTIES, FEES, AND COSTS.

Penalties, cost reimbursements, fees, and other money collected under this chapter must be deposited into 

the state treasury and credited to the appropriate nursery and phytosanitary, industrial hemp, or seed 

account.

18J.10 CIVIL PENALTIES.

Subdivision 1. General penalty. Except as provided in subdivision 2, a person who violates this chapter or an order, 

standard, stipulation, agreement, or schedule of compliance of the commissioner is subject to a civil penalty of up to 

$7,500 per day of violation as determined by the court.

Subd. 2. Defense to civil remedies and damages. As a defense to a civil penalty or claim for damages under subdivision 1, 

the defendant may prove that the violation was caused solely by an act of God, an act of war, or an act or failure to act 

that constitutes sabotage or vandalism, or any combination of these defenses.

Subd. 3. Actions to compel performance. In an action to compel performance of an order of the commissioner to 

enforce a provision of this chapter, the court may require a defendant adjudged responsible to perform the acts within 

the person's power that are reasonably necessary to accomplish the purposes of the order.
37

Subd. 4. Recovery of penalties by civil action. The civil penalties and payments provided for in this chapter may be 

recovered by a civil action brought by the county attorney or the attorney general in the name of the state.

18J.11 CRIMINAL PENALTIES.

Subdivision 1. General violation. Except as provided in subdivisions 2, 3, and 4, a person is guilty of a misdemeanor if the 

person violates this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the 

commissioner.

Subd. 2. Violation endangering humans. A person is guilty of a gross misdemeanor if the person violates this chapter or 

an order, standard, stipulation, agreement, or schedule of compliance of the commissioner, and the violation endangers 

humans.

Subd. 3. Violation with knowledge. A person is guilty of a gross misdemeanor if the person knowingly violates this 

chapter or an order, standard, stipulation, agreement, or schedule of compliance of the commissioner.

Subd. 4. Controlled substance offenses. Prosecution under this section does not preclude prosecution under chapter 

152.
APPENDIX 4. THC TEST RESULTS DATA BY VARIETY- ALL SAMPLES 2016-2020

The following data is a summary of all the THC Test results from all hemp samples collected in Minnesota under the pilot program, years 2016 throuthis historical and consecutive years program testing data to select hemp Lots for sampling under a performance-based plan. 

123456789

101112131415161718192021222324252627282930313233

A

Type

CBDCBDCBDCBDCBDCBDCBDCBDCBDCBDCBDCBDCBDCBDCBDCBDCBDCBDCBDCBD

Fiber

CBDCBDCBDCBDCBDCBDCBDCBDCBDCBD

Fiber

B

Variety /

Cultivar

C

Total

Lots/Samples

by the MDA

for 2016‐2020

D

Average THC

across all

samples

E

# Results

≤0.300%

THC

F

# Results

0.301 ‐

0.500%

THC

G

# Results

0.501 ‐

0.999%

H

#

Results≥ 

1.000%

I

Minimum

Recorded

%

THC

J

Maximum

Recorded

%

THC

K

% of

Samples

Above

0.30% THC

L

Sam

abo

0.5% 

#12 1 0.075% 1 0 0 0 0.075% 0.075% 0% ‐#15 1 0.117% 1 0 0 0 0.117% 0.117% 0% ‐#19 1 0.136% 1 0 0 0 0.136% 0.136% 0% ‐#20 1 0.059% 1 0 0 0 0.059% 0.059% 0% ‐#20 1 0.096% 1 0 0 0 0.096% 0.096% 0% ‐

#4 1 0.164% 1 0 0 0 0.164% 0.164% 0% ‐

#4 x Lifter 1 0.089% 1 0 0 0 0.089% 0.089% 0% ‐

#5 1 0.135% 1 0 0 0 0.135% 0.135% 0% ‐

#8 1 0.091% 1 0 0 0 0.091% 0.091% 0% ‐

#9 2 0.135% 2 0 0 0 0.122% 0.135% 0% ‐

Abacus 30 0.322% 21 5 3 1 0.061% 2.050% 30% Ye

Abacus 2.0 3 0.419% 1 1 1 0 0.206% 0.670% 67% Ye

Abacus Cherry 2. 1 0.441% 0 1 0 0 0.441% 0.441% 100% ‐

Abacus Early Bird 2 0.609% 0 0 2 0 0.597% 0.621% 100% Ye

Abacus Imp 1 0.215% 1 0 0 0 0.215% 0.215% 0% ‐

Abbie 1 0.111% 1 0 0 0 0.111% 0.111% 0% ‐

AC/DC 6 0.187% 4 2 0 0 0.074% 0.340% 33% ‐

AC/DC x BCBS 1 0.257% 1 0 0 0 0.257% 0.257% 0% ‐

AC/DC x Otto II 2 0.127% 2 0 0 0 0.089% 0.165% 0% ‐

Alpen Gleaux 1 0.209% 1 0 0 0 0.209% 0.209% 0% ‐

Anka 14 0.070% 14 0 0 0 0.031% 0.153% 0% ‐

Aqua Woman 1 0.108% 1 0 0 0 0.108% 0.108% 0% ‐

Ashby 5 1 0.075% 1 0 0 0 0.075% 0.075% 0% ‐

Aurora Borealis 1 0.354% 0 1 0 0 0.354% 0.354% 100% ‐

Auto Flower 10 0.163% 8 2 0 0 0.010% 0.353% 20% ‐

Auto Tsunami 5 0.140% 5 0 0 0 0.082% 0.237% 0% ‐

B01US0 1 0.025% 1 0 0 0 0.025% 0.025% 0% ‐

B‐20 2 0.251% 1 1 0 0 0.044% 0.457% 50% ‐

BaOx 25 0.237% 17 6 2 0 0.031% 0.778% 32% Ye

BaOx x Cherry

Blossom 1 0.258% 1 0 0 0 0.258% 0.258% 0% ‐

BBCC 6 0.278% 4 2 0 0 0.082% 0.444% 33% ‐

Beniko 2 0.052% 2 0 0 0 0.028% 0.076% 0% ‐

38
35

404550556065

1

A B C D E F G H I J K L 

Type

Variety /

Cultivar

Total

Lots/Samples

by the MDA

for 2016‐2020

Average THC

across all

samples

# Results

≤0.300%

THC

# Results

0.301 ‐

0.500%

THC

# Results

0.501 ‐

0.999%

#

Results≥ 

1.000%

Minimum

Recorded %

THC

Maximum

Recorded %

THC

% of

Samples

Above

0.30% THC

Sam

abo

0.5% 

34363738394142434446474849515253545657585961626364

CBD Berry Blossom 35 0.217% 27 5 3 0 0.040% 0.778% 23% Ye

CBD Berry Snow Cone 1 0.363% 0 1 0 0 0.363% 0.363% 100% ‐

CBG Black Label 2 0.656% 1 0 0 1 0.122% 1.190% 50% Ye

CBD Blackberry CBD 1 0.202% 1 0 0 0 0.202% 0.202% 0% ‐CBD Blossom 1 0.229% 1 0 0 0 0.229% 0.229% 0% ‐CBD Blue Genius 11 0.212% 9 1 1 0 0.076% 0.571% 18% YeCBD Blue Genius Auto 1 0.141% 1 0 0 0 0.141% 0.141% 0% ‐CBD Blue Line 3 0.138% 3 0 0 0 0.071% 0.172% 0% ‐CBD Bordeaux 1 0.137% 1 0 0 0 0.137% 0.137% 0% ‐CBD Buanann 2 0.115% 2 0 0 0 0.052% 0.179% 0% ‐CBD Bubba Remedy 2 0.219% 2 0 0 0 0.218% 0.219% 0% ‐CBD Bubble Gum 1 0.400% 0 1 0 0 0.400% 0.400% 100% ‐

CBG Buffalo Soldier 3 0.063% 3 0 0 0 0.024% 0.106% 0% ‐

CBD C1 Nate Moon 8 0.188% 8 0 0 0 0.070% 0.264% 0% ‐CBD C4 3 0.518% 0 2 1 0 0.354% 0.778% 100% Ye

Grain Canda 18 0.062% 17 1 0 0 0.011% 0.400% 6% ‐

CBD Candy Wine 6 0.277% 5 0 1 0 0.098% 0.755% 17% Ye

CBD CanMa 8 0.138% 7 0 1 0 0.006% 0.714% 13% YeCBD Carolina Cherry 1 0.047% 1 0 0 0 0.047% 0.047% 0% ‐

CBD Cat Lady 1 0.252% 1 0 0 0 0.252% 0.252% 0% ‐CBD Cat’s Meow 16 0.170% 13 3 0 0 0.070% 0.34% 19% ‐

CBD at's Meow x Lifte 1 0.058% 1 0 0 0 0.058% 0.058% 0% ‐CBD CB1 3 1.547% 0 0 0 3 1.140% 1.880% 100% YeCBD CBD Kush 1 3.010% 0 0 0 1 3.010% 3.010% 100% Ye

CBD CBD Therapy 1 0.083% 1 0 0 0 0.083% 0.083% 0% ‐CBD CBD Yummy 1 0.083% 1 0 0 0 0.083% 0.083% 0% ‐

CBG CBG 5 0.124% 4 1 0 0 0.021% 0.420% 20% ‐CBG CBGenius 2 0.064% 2 0 0 0 0.026% 0.102% 0% ‐

Grain CFX‐1 11 0.060% 11 0 0 0 0.022% 0.276% 0% ‐Grain CFX‐2 32 0.080% 31 0 1 0 0.017% 0.630% 3% Ye

CBD Chardonnay 2 0.138% 2 0 0 0 0.110% 0.169% 0% ‐CBD

Chardonnay x

Cherry Wine 1 0.213% 1 0 0 0 0.213% 0.213% 0% ‐

39
1

A B C D E F G H I J K L 

Type

Variety /

Cultivar

Total

Lots/Samples

by the MDA

for 2016‐2020

Average THC

across all

samples

# Results

≤0.300%

THC

# Results

0.301 ‐

0.500%

THC

# Results

0.501 ‐

0.999%

#

Results≥ 

1.000%

Minimum

Recorded %

THC

Maximum

Recorded %

THC

% of

Samples

Above

0.30% THC

Sam

abo

0.5% 

66676869707172737475767778798081828384858687888990919293

CBD Charlotte's Wife 1 0.170% 1 0 0 0 0.170% 0.170% 0% ‐

CBD Chem Cherry 4 0.218% 4 0 0 0 0.135% 0.299% 0% ‐CBD Cherry 41 0.331% 30 6 1 4 0.017% 2.050% 27% YeCBD Cherry 1 2 0.213% 2 0 0 0 0.213% 0.213% 0% ‐CBD Cherry 2.0 3 0.183% 3 0 0 0 0.070% 0.239% 0% ‐CBD Cherry 304 1 0.115% 1 0 0 0 0.115% 0.115% 0% ‐CBD Cherry 308 5 0.184% 4 1 0 0 0.076% 0.306% 20% ‐CBD Cherry 45 1 0.316% 0 1 0 0 0.316% 0.316% 100% ‐CBD Cherry 5B 1 0.102% 1 0 0 0 0.102% 0.102% 0% ‐CBD Cherry Abacus 12 0.183% 11 1 0 0 0.107% 0.311% 8% ‐CBD Cherry Berry 2 0.159% 2 0 0 0 0.098% 0.220% 0% ‐CBD Cherry Blossom 77 0.170% 71 5 1 0 0.034% 0.990% 8% YeCBD

Cherry

Blossom x

BaOx 1 0.092% 1 0 0 0 0.092% 0.092% 0% ‐

CBD

Cherry

Blossom x

Lifter 1 0.058% 1 0 0 0 0.058% 0.058% 0% ‐

CBD

Cherry Bubble

Gum 6 0.162% 5 1 0 0 0.099% 0.332% 17% ‐

CBD Cherry Butter 1 0.073% 1 0 0 0 0.073% 0.073% 0% ‐CBD Cherry C1 1 0.134% 1 0 0 0 0.134% 0.134% 0% ‐CBD Cherry C2 1 0.223% 1 0 0 0 0.223% 0.223% 0% ‐CBD Cherry Candy 3 0.108% 3 0 0 0 0.084% 0.115% 0% ‐CBD Cherry Cross 3 0.155% 3 0 0 0 0.090% 0.242% 0% ‐CBD Cherry Diesel 3 0.284% 1 2 0 0 0.153% 0.362% 67% ‐CBD Cherry Hybrid 1 0.128% 1 0 0 0 0.128% 0.128% 0% ‐CBD Cherry O 3 1.031% 1 0 1 1 0.239% 2.080% 67% YeCBD Cherry Pheno 1 1 2.250% 0 0 0 1 2.250% 2.250% 100% YeCBD

Cherry Pheno

2 1 0.317% 0 1 0 0 0.317% 0.317% 100% ‐

CBD Cherry S1 1 0.131% 1 0 0 0 0.131% 0.131% 0% ‐CBD Cherry Trump 3 0.300% 2 1 0 0 0.121% 0.469% 33% ‐CBD Cherry Wine 122 0.290% 86 20 13 3 0.050% 3.240% 30% Ye

4

0
95

100105110115

1

A B C D E F G H I J K L 

Type

Variety /

Cultivar

Total

Lots/Samples

by the MDA

for 2016‐2020

Average THC

across all

samples

# Results

≤0.300%

THC

# Results

0.301 ‐

0.500%

THC

# Results

0.501 ‐

0.999%

#

Results≥ 

1.000%

Minimum

Recorded %

THC

Maximum

Recorded %

THC

% of

Samples

Above

0.30% THC

Sam

abo

0.5% 

9496979899

101102103104106107108109111112113114116117118

CBD

Cherry Wine x

Cherry Wine 5 0.264% 2 3 0 0 0.069% 0.412% 60% ‐

CBD Cherry X 2 0.346% 0 2 0 0 0.321% 0.370% 100% ‐CBD

Cherry x

Cherry Abacus 1 0.146% 1 0 0 0 0.146% 0.146% 0% ‐

CBD CHX 1 0.298% 1 0 0 0 0.298% 0.298% 0% ‐CBD Ciskiyou Gold 1 0.215% 1 0 0 0 0.215% 0.215% 0% ‐CBD Cobbler 1 0.298% 1 0 0 0 0.298% 0.298% 0% ‐CBD bbler x Cherry W 1 0.213% 1 0 0 0 0.213% 0.213% 0% ‐CBD

Colorado

Cherry 2 0.417% 0 2 0 0 0.351% 0.484% 100% ‐

CBD

Colorado

Cherry x

Cherry Wine 2 0.387% 0 2 0 0 0.362% 0.412% 100% ‐

CBD onstance R2H3B 1 0.064% 1 0 0 0 0.064% 0.064% 0% ‐CBD Crossbow 1 0.086% 1 0 0 0 0.086% 0.086% 0% ‐

Grain CRS‐1 13 0.050% 13 0 0 0 0.026% 0.134% 0% ‐

Fiber

CS

(Carmagnola

selezionata) 3 0.099% 3 0 0 0 0.086% 0.113% 0% ‐

Grain Delores 9 0.072% 8 1 0 0 0.011% 0.400% 11% ‐

CBD ouble the Cherri 1 0.139% 1 0 0 0 0.139% 0.139% 0% ‐CBD Dragon Piss 1 0.130% 1 0 0 0 0.130% 0.130% 0% ‐CBD Dream Tonic 6 0.121% 6 0 0 0 0.052% 0.252% 0% ‐CBD

Dream Tonic &

Cherry

Blossom 1 0.217% 1 0 0 0 0.217% 0.217% 0% ‐

CBD Driftless Dream 1 0.169% 1 0 0 0 0.169% 0.169% 0% ‐CBD Early Blossom 1 0.173% 1 0 0 0 0.173% 0.173% 0% ‐CBD Early Cherry 2 0.185% 2 0 0 0 0.133% 0.236% 0% ‐CBD Early Flower 1 0.673% 0 0 1 0 0.673% 0.673% 100% YeCBD Early Frost 1 0.232% 1 0 0 0 0.232% 0.232% 0% ‐CBD Early Nueve 2 0.141% 2 0 0 0 0.081% 0.200% 0% ‐CBD Early Pearly 5 0.167% 5 0 0 0 0.106% 0.239% 0% ‐

4

1
120

125130135140145150

1

A B C D E F G H I J K L 

Type

Variety /

Cultivar

Total

Lots/Samples

by the MDA

for 2016‐2020

Average THC

across all

samples

# Results

≤0.300%

THC

# Results

0.301 ‐

0.500%

THC

# Results

0.501 ‐

0.999%

#

Results≥ 

1.000%

Minimum

Recorded %

THC

Maximum

Recorded %

THC

% of

Samples

Above

0.30% THC

Sam

abo

0.5% 

119121122123124126127128129131132133134136137138139141142143144146147148149151

CBD Early Remedy 3 0.156% 3 0 0 0 0.099% 0.269% 0% ‐

CBD Early Riser 1 0.184% 1 0 0 0 0.184% 0.184% 0% ‐CBD Early Spectrum 2 0.236% 2 0 0 0 0.201% 0.271% 0% ‐CBD Early Wife 2 0.279% 1 1 0 0 0.163% 0.395% 50% ‐CBD EC11 4 0.153% 4 0 0 0 0.076% 0.190% 0% ‐CBD Eclipse 11 0.148% 10 1 0 0 0.053% 0.396% 9% ‐CBD Elektra 4 0.238% 3 0 1 0 0.060% 0.569% 25% YeCBD Emerald Nova 6 0.162% 5 1 0 0 0.099% 0.332% 17% ‐

CBG Eva's Gift 3 0.047% 3 0 0 0 0.036% 0.068% 0% ‐

CBD Fedora 17 1 0.047% 1 0 0 0 0.047% 0.047% 0% ‐

Fiber Felina 32 3 0.052% 3 0 0 0 0.028% 0.076% 0% ‐

CBD Feral 2 0.095% 2 0 0 0 0.047% 0.142% 0% ‐CBD Ferimon 1 0.05% 1 0 0 0 0.05% 0.05% 0% ‐

Fiber Fibror 79 2 0.045% 2 0 0 0 0.043% 0.046% 0% ‐

Grain FINOLA 84 0.120% 81 2 1 0 0.018% 0.665% 4% Ye

CBD First Lady 1 1.510% 0 0 0 1 1.510% 1.510% 100% YeCBD First Light (FL) 4 0.158% 4 0 0 0 0.054% 0.241% 0% ‐CBD First Light (FL) 49 5 0.227% 4 0 1 0 0.076% 0.531% 20% YeCBD First Light (FL) 58 5 0.299% 3 1 1 0 0.076% 0.699% 40% YeCBD First Light (FL) 70 7 0.203% 5 2 0 0 0.076% 0.449% 29% ‐CBD First Light (FL) 71 5 0.336% 4 0 0 1 0.076% 1.230% 20% YeCBD

First Light (FL)

80 9 0.224% 7 1 1 0 0.076% 0.568% 22% Ye

CBD Fortune 1 0.064% 1 0 0 0 0.064% 0.064% 0% ‐CBD Frosted Lime 1 0.181% 1 0 0 0 0.181% 0.181% 0% ‐

Fiber Futura 75 6 0.244% 4 1 1 0 0.028% 0.647% 33% Ye

CBD Galactic I.V. 1 0.137% 1 0 0 0 0.137% 0.137% 0% ‐CBD Galactic x Illinois 1 0.271% 1 0 0 0 0.271% 0.271% 0% ‐CBD Gatsby 1 0.186% 1 0 0 0 0.186% 0.186% 0% ‐CBD GNO 1 0.105% 1 0 0 0 0.105% 0.105% 0% ‐CBD Gold Hill 2 0.344% 1 0 1 0 0.134% 0.553% 50% YeCBD Golden Cherry 3 0.345% 0 3 0 0 0.333% 0.353% 100% ‐CBD Gonzo 1 0.14% 1 0 0 0 0.14% 0.14% 0% ‐CBD Gooey Louie 2 0.353% 0 2 0 0 0.353% 0.353% 100% ‐

4

2
155

160165170175180

1

A B C D E F G H I J K L 

Type

Variety /

Cultivar

Total

Lots/Samples

by the MDA

for 2016‐2020

Average THC

across all

samples

# Results

≤0.300%

THC

# Results

0.301 ‐

0.500%

THC

# Results

0.501 ‐

0.999%

#

Results≥ 

1.000%

Minimum

Recorded %

THC

Maximum

Recorded %

THC

% of

Samples

Above

0.30% THC

Sam

abo

0.5% 

152153154156157158159161162163164166167168169171172173174176177178179181182183

Grain Grandi 14 0.204% 11 1 2 0 0.018% 0.768% 21% Ye

CBD Grapefruit 2 0.159% 2 0 0 0 0.098% 0.220% 0% ‐CBD Green Lightning 2 0.137% 2 0 0 0 0.054% 0.220% 0% ‐CBD H4 3 1.547% 0 0 0 3 1.140% 1.880% 100% Ye

CBG H5 CBG 3 0.220% 2 1 0 0 0.127% 0.338% 33% ‐

Fiber HanMa 2 0.716% 0 0 2 0 0.650% 0.782% 100% Ye

CBD Harley Tsu 4 2.656% 1 0 0 3 0.294% 4.770% 75% YeCBD

Harley Tsu x

Pheno 2 1 0.798% 0 0 1 0 0.798% 0.798% 100% Ye

CBD

Harley Tsu x

Sour Tsu 29 1 0.316% 0 1 0 0 0.316% 0.316% 100% ‐

CBD Haute Wife 1 0.070% 1 0 0 0 0.070% 0.070% 0% ‐CBD Hawaiian Haze 17 0.209% 13 2 2 0 0.040% 0.750% 24% YeCBD awthorne Expre 2 0.378% 0 1 1 0 0.308% 0.447% 100% ‐CBD Heavenly 5 0.104% 5 0 0 0 0.057% 0.190% 0% ‐

Fiber Helena 4 0.045% 4 0 0 0 0.028% 0.076% 0% ‐

CBD Hempress II 8 0.379% 3 4 1 0 0.114% 0.781% 63% Ye

Grain Henola 1 0.023% 1 0 0 0 0.023% 0.023% 0% ‐

CBD HH 1 0.149% 1 0 0 0 0.149% 0.149% 0% ‐CBD Hot Blonde 13 0.165% 11 2 0 0 0.034% 0.336% 15% ‐CBD Hybrid #2 1 0.239% 1 0 0 0 0.239% 0.239% 0% ‐CBD Hybrid #5 2 0.239% 2 0 0 0 0.239% 0.239% 0% ‐CBD Hybrid #9 1 0.239% 1 0 0 0 0.239% 0.239% 0% ‐

CBG Janet 2 0.370% 1 0 1 0 0.047% 0.692% 50% Ye

Grain Joey 13 0.034% 13 0 0 0 0.011% 0.061% 0% ‐

CBD Juicy Fruit 4 0.187% 4 0 0 0 0.153% 0.257% 0% ‐CBD Jupiter Midwest 23 0.220% 18 3 2 0 0.071% 0.568% 22% YeCBD Jupiter x Lifter 1 0.055% 1 0 0 0 0.055% 0.055% 0% ‐

Grain Katani 16 0.081% 16 0 0 0 0.013% 0.213% 0% ‐

CBD KIR 1 0.298% 1 0 0 0 0.298% 0.298% 0% ‐CBD Kiva Rock 1 0.243% 1 0 0 0 0.243% 0.243% 0% ‐CBD KLR #3 1 0.141% 1 0 0 0 0.141% 0.141% 0% ‐CBD KLR#1 1 0.168% 1 0 0 0 0.168% 0.168% 0% ‐CBD KLR#5 1 0.277% 1 0 0 0 0.277% 0.277% 0% ‐

4

3
185

190195200205210215

1

A B C D E F G H I J K L 

Type

Variety /

Cultivar

Total

Lots/Samples

by the MDA

for 2016‐2020

Average THC

across all

samples

# Results

≤0.300%

THC

# Results

0.301 ‐

0.500%

THC

# Results

0.501 ‐

0.999%

#

Results≥ 

1.000%

Minimum

Recorded %

THC

Maximum

Recorded %

THC

% of

Samples

Above

0.30% THC

Sam

abo

0.5% 

184186187188189191192193194196197198199201202203204206207208209211212213214216217

CBD Kris Kringle 1 0.158% 1 0 0 0 0.158% 0.158% 0% ‐

CBD LAF1 1 0.040% 1 0 0 0 0.040% 0.040% 0% ‐CBD LAF2 1 0.300% 1 0 0 0 0.300% 0.300% 0% ‐CBD LAF3 1 0.248% 1 0 0 0 0.248% 0.248% 0% ‐CBD LAF4 3 0.111% 3 0 0 0 0.085% 0.145% 0% ‐

CBG Lavender 1 0.137% 1 0 0 0 0.137% 0.137% 0% ‐

CBD Libido 1 0.160% 1 0 0 0 0.160% 0.160% 0% ‐CBD Lifter 43 0.260% 32 6 4 1 0.057% 1.170% 26% YeCBD Lifter x Lifter 1 0.054% 1 0 0 0 0.054% 0.054% 0% ‐CBD Lime 3 1.547% 0 0 0 3 1.140% 1.880% 100% YeCBD Line A 1 5.497% 0 0 0 1 5.497% 5.497% 100% YeCBD Line B 1 2.623% 0 0 0 1 2.623% 2.623% 100% YeCBD Line C 1 0.277% 1 0 0 0 0.277% 0.277% 0% ‐CBD Line D 1 2.780% 0 0 0 1 2.780% 2.780% 100% YeCBD Line E 1 1.976% 0 0 0 1 1.976% 1.976% 100% YeCBD M1 1 0.044% 1 0 0 0 0.044% 0.044% 0% ‐CBD Magic Bullet 7 0.154% 7 0 0 0 0.072% 0.294% 0% ‐CBD Mahkato 27 0.095% 25 2 0 0 0.025% 0.432% 7% ‐CBD Master Kush 1 0.032% 1 0 0 0 0.032% 0.032% 0% ‐

CBG Matterhorn 15 0.032% 15 0 0 0 0.003% 0.144% 0% ‐

CBD Maverick 1 0.28% 1 0 0 0 0.28% 0.28% 0% ‐CBD Merlot 5 0.152% 5 0 0 0 0.133% 0.202% 0% ‐CBD Midwest 3 0.242% 2 1 0 0 0.160% 0.355% 33% ‐CBD Midwest Mothe 3 0.246% 2 0 1 0 0.096% 0.536% 33% YeCBD MinneCherry 1 0.084% 1 0 0 0 0.084% 0.084% 0% ‐CBD Minnesota Mothe 8 0.176% 7 1 0 0 0.039% 0.363% 13% ‐CBD Minnesota Prairi 8 0.100% 8 0 0 0 0.048% 0.214% 0% ‐CBD int Blueberry Ku 2 0.146% 2 0 0 0 0.093% 0.198% 0% ‐CBD MN Cherry 2 0.304% 1 1 0 0 0.293% 0.314% 50% ‐CBD Monica 1 0.030% 1 0 0 0 0.030% 0.030% 0% ‐CBD Mother 1 0.350% 0 1 0 0 0.350% 0.350% 100% ‐

CBG Mountain Blizzar 3 0.270% 1 2 0 0 0.128% 0.368% 67% ‐

CBD Mountain Mango 44 0.133% 39 5 0 0 0.025% 0.402% 11% ‐CBD Multiple 1 1.380% 0 0 0 1 1.380% 1.380% 100% Ye

4

4
220

225230235240245

1

A B C D E F G H I J K L 

Type

Variety /

Cultivar

Total

Lots/Samples

by the MDA

for 2016‐2020

Average THC

across all

samples

# Results

≤0.300%

THC

# Results

0.301 ‐

0.500%

THC

# Results

0.501 ‐

0.999%

#

Results≥ 

1.000%

Minimum

Recorded %

THC

Maximum

Recorded %

THC

% of

Samples

Above

0.30% THC

Sam

abo

0.5% 

218219221222223224226227228229231232233234236237238239241242243244246247248

CBD Nepalese Tonic 1 0.168% 1 0 0 0 0.168% 0.168% 0% ‐

CBD New Cherry 1 0.106% 1 0 0 0 0.106% 0.106% 0% ‐CBD Nightingale 10 0.953% 5 1 1 3 0.045% 3.160% 50% YeCBD

Northern

Pipeline 2 0.137% 2 0 0 0 0.080% 0.193% 0% ‐

CBD Nuclear Tsunam 1 0.104% 1 0 0 0 0.104% 0.104% 0% ‐CBD Nueva 1 0.322% 0 1 0 0 0.322% 0.322% 100% ‐CBD OGCS1 2 0.251% 1 1 0 0 0.160% 0.341% 50% ‐

CBG Opulent 2 0.207% 1 1 0 0 0.034% 0.379% 50% ‐

CBD Orange Peel 1 0.254% 1 0 0 0 0.254% 0.254% 0% ‐CBD Oregon CBD 3 0.165% 2 1 0 0 0.046% 0.362% 33% ‐

CBG Oregon CBG 1 0.090% 1 0 0 0 0.090% 0.090% 0% ‐

CBD Oregon Cherry 21 0.850% 6 1 8 6 0.080% 3.160% 71% YeCBD

Oregon Cherry

x Abacus 2 0.399% 1 0 1 0 0.235% 0.562% 50% Ye

CBD egon Cherry x Lif 1 0.060% 1 0 0 0 0.060% 0.060% 0% ‐CBD Other 2 0.064% 2 0 0 0 0.060% 0.068% 0% ‐CBD

Otto Cherry

Sweetened 1 0.088% 1 0 0 0 0.088% 0.088% 0% ‐

CBD Otto Franklin 3 0.096% 3 0 0 0 0.090% 0.103% 0% ‐CBD Otto II 11 0.589% 5 3 0 3 0.111% 1.880% 55% YeCBD Otto II Stout 4 0.130% 4 0 0 0 0.06% 0.20% 0% ‐CBD Otto II x BaOx 4 0.120% 4 0 0 0 0.012% 0.263% 0% ‐CBD Otto II x Cherry 1 0.155% 1 0 0 0 0.155% 0.155% 0% ‐CBD Otto Stout 4 0.181% 3 0 1 0 0.049% 0.553% 25% YeCBD Patriot 1 0.070% 1 0 0 0 0.070% 0.070% 0% ‐

Grain Picolo 5 0.051% 5 0 0 0 0.023% 0.081% 0% ‐

CBD Pine Berry 1 0.075% 1 0 0 0 0.075% 0.075% 0% ‐CBD Plain Jane 1 0.137% 1 0 0 0 0.137% 0.137% 0% ‐CBD Prairie Delight 1 0.116% 1 0 0 0 0.116% 0.116% 0% ‐CBD Purple Cherry 1 0.184% 1 0 0 0 0.184% 0.184% 0% ‐CBD Purple Cowboy 2 0.279% 1 1 0 0 0.169% 0.388% 50% ‐CBD rple Oregon Che 1 0.191% 1 0 0 0 0.191% 0.191% 0% ‐CBD Queen Dream 12 0.183% 10 1 1 0 0.073% 0.628% 17% Ye

4

5
250

255260265270275280

1

A B C D E F G H I J K L 

Type

Variety /

Cultivar

Total

Lots/Samples

by the MDA

for 2016‐2020

Average THC

across all

samples

# Results

≤0.300%

THC

# Results

0.301 ‐

0.500%

THC

# Results

0.501 ‐

0.999%

#

Results≥ 

1.000%

Minimum

Recorded %

THC

Maximum

Recorded %

THC

% of

Samples

Above

0.30% THC

Sam

abo

0.5% 

249251252253254256257258259261262263264266267268269271272273274276277278279281282

CBD Quick Kush 11 0.140% 10 1 0 0 0.040% 0.330% 9% ‐

CBD Randy 1 0.099% 1 0 0 0 0.099% 0.099% 0% ‐CBD Red Bordeaux 2 0.100% 2 0 0 0 0.090% 0.110% 0% ‐CBD Red Kross 2 0.413% 0 2 0 0 0.376% 0.45% 100% ‐CBD Red Robin 1 0.183% 1 0 0 0 0.183% 0.183% 0% ‐CBD Remedy 1 0.095% 1 0 0 0 0.095% 0.095% 0% ‐CBD Remission 6 0.120% 6 0 0 0 0.076% 0.135% 0% ‐CBD Rhubarb Pie 10 0.153% 9 1 0 0 0.067% 0.364% 10% ‐CBD Ringo's Gift 3 0.347% 2 0 1 0 0.179% 0.587% 33% YeCBD Ringo's Rock 1 0.295% 1 0 0 0 0.295% 0.295% 0% ‐CBD RN13 1 0.302% 0 1 0 0 0.302% 0.302% 100% ‐CBD Rocket Fuel 1 0.144% 1 0 0 0 0.144% 0.144% 0% ‐CBD Rosella 2 0.339% 1 1 0 0 0.272% 0.405% 50% ‐CBD Row 1 1 0.337% 0 1 0 0 0.337% 0.337% 100% ‐CBD Row 2 1 0.367% 0 1 0 0 0.367% 0.367% 100% ‐CBD Row 3 1 0.436% 0 1 0 0 0.436% 0.436% 100% ‐CBD Row 4 1 0.429% 0 1 0 0 0.429% 0.429% 100% ‐CBD Row 5 1 0.345% 0 1 0 0 0.345% 0.345% 100% ‐CBD Row 6 1 0.315% 0 1 0 0 0.315% 0.315% 100% ‐CBD Sangria S1 1 0.127% 1 0 0 0 0.127% 0.127% 0% ‐CBD Serendipity 1 0.288% 1 0 0 0 0.288% 0.288% 0% ‐CBD Shasta Candy 2 0.315% 1 0 1 0 0.089% 0.542% 50% YeCBD Shooting Star 2 0.349% 1 1 0 0 0.212% 0.486% 50% ‐

CBG Snowa 1 0.051% 1 0 0 0 0.051% 0.051% 0% ‐

CBD Socati T2 6 0.080% 6 0 0 0 0.058% 0.123% 0% ‐CBD our Blueberry Ku 1 0.100% 1 0 0 0 0.100% 0.100% 0% ‐CBD Sour Citral 2 0.179% 2 0 0 0 0.092% 0.266% 0% ‐CBD Sour Space Cand 19 0.407% 10 5 3 1 0.098% 2.440% 47% YeCBD Sour Tang A 1 0.079% 1 0 0 0 0.079% 0.079% 0% ‐CBD Spec 7 1 0.526% 0 0 1 0 0.526% 0.526% 100% YeCBD Special Sauce 13 0.244% 9 3 1 0 0.027% 0.532% 31% YeCBD Spectrum 4 0.181% 3 1 0 0 0.085% 0.301% 25% ‐CBD SR1 1 0.109% 1 0 0 0 0.109% 0.109% 0% ‐CBD SSC 1 0.170% 1 0 0 0 0.170% 0.170% 0% ‐

4

6
285

290295300305310315

1

A B C D E F G H I J K L 

Type

Variety /

Cultivar

Total

Lots/Samples

by the MDA

for 2016‐2020

Average THC

across all

samples

# Results

≤0.300%

THC

# Results

0.301 ‐

0.500%

THC

# Results

0.501 ‐

0.999%

#

Results≥ 

1.000%

Minimum

Recorded %

THC

Maximum

Recorded %

THC

% of

Samples

Above

0.30% THC

Sam

abo

0.5% 

283284286287288289291292293294296297298299301302303304306307308309311312313314316

CBG Stem Cell 10 0.064% 10 0 0 0 0.014% 0.122% 0% ‐

CBD Stormy Daniels 16 0.172% 14 2 0 0 0.034% 0.396% 13% ‐CBD Strain B 4 0.469% 1 1 2 0 0.263% 0.614% 75% YeCBD Sunrise X 1 0.076% 1 0 0 0 0.076% 0.076% 0% ‐CBD Super CBD 1 0.008% 1 0 0 0 0.008% 0.008% 0% ‐CBD Super Cherry 1 0.197% 1 0 0 0 0.197% 0.197% 0% ‐CBD Super Rich 2 0.309% 1 1 0 0 0.198% 0.419% 50% ‐CBD Superwoman 1 0.106% 1 0 0 0 0.106% 0.106% 0% ‐CBD Susie Q 2 0.110% 2 0 0 0 0.056% 0.163% 0% ‐CBD Suver Haze 26 0.195% 20 4 2 0 0.020% 0.823% 23% YeCBD weet Cherry Otto 1 0.118% 1 0 0 0 0.118% 0.118% 0% ‐CBD weet Cherry Win 2 0.237% 1 1 0 0 0.089% 0.385% 50% ‐CBD Sweet Rainbow 2 0.250% 1 1 0 0 0.120% 0.389% 50% ‐CBD Sweet Wife 2 0.103% 2 0 0 0 0.062% 0.143% 0% ‐CBD Sweetened 1 0.064% 1 0 0 0 0.064% 0.064% 0% ‐CBD T1 45 0.209% 35 5 5 0 0.060% 0.778% 22% YeCBD T2 54 0.154% 50 2 2 0 0.040% 0.778% 7% YeCBD T2 x Lifter 1 0.069% 1 0 0 0 0.069% 0.069% 0% ‐CBD Tangerine 1 0.123% 1 0 0 0 0.123% 0.123% 0% ‐CBD Tangi 1 0.122% 1 0 0 0 0.122% 0.122% 0% ‐CBD Tatanka Pure CBD 1 0.175% 1 0 0 0 0.175% 0.175% 0% ‐CBD TBBS1 1 0.195% 1 0 0 0 0.195% 0.195% 0% ‐CBD TCB S1 1 0.309% 0 1 0 0 0.309% 0.309% 100% ‐CBD Terp Town 5 0.118% 5 0 0 0 0.066% 0.159% 0% ‐CBD Terra Italia 1 0.238% 1 0 0 0 0.238% 0.238% 0% ‐CBD The 45 1 0.368% 0 1 0 0 0.368% 0.368% 100% ‐CBD The Grand 1 0.465% 0 1 0 0 0.465% 0.465% 100% ‐CBD The Sauce 1 0.096% 1 0 0 0 0.096% 0.096% 0% ‐CBD The Wife 24 0.242% 17 6 1 0 0.003% 0.611% 29% YeCBD Trophy Wife 4 0.101% 4 0 0 0 0.083% 0.131% 0% ‐CBD Trump 9 0.188% 7 2 0 0 0.061% 0.444% 22% ‐CBD Trump Cherry 1 0.146% 1 0 0 0 0.146% 0.146% 0% ‐CBD Trump X 3 0.299% 2 0 1 0 0.118% 0.571% 33% YeCBD Trump x Trump 4 0.049% 4 0 0 0 0.010% 0.079% 0% ‐

4

7
320

325330335340345

1

A B C D E F G H I J K L 

Type

Variety /

Cultivar

Total

Lots/Samples

by the MDA

for 2016‐2020

Average THC

across all

samples

# Results

≤0.300%

THC

# Results

0.301 ‐

0.500%

THC

# Results

0.501 ‐

0.999%

#

Results≥ 

1.000%

Minimum

Recorded %

THC

Maximum

Recorded %

THC

% of

Samples

Above

0.30% THC

Sam

abo

0.5% 

317318319321322323324326327328329331332333334336337338339341342343344

CBD TTRAZ 1 0.327% 0 1 0 0 0.327% 0.327% 100% ‐

Fiber Tygra 3 0.086% 3 0 0 0 0.028% 0.154% 0% ‐

CBD Ultra Cherry 4 0.135% 4 0 0 0 0.050% 0.258% 0% ‐CBD Ultra Violet 2 0.221% 1 1 0 0 0.064% 0.378% 50% ‐CBD Umqua 1 0.327% 0 1 0 0 0.327% 0.327% 100% ‐CBD Unilateral 1 0.110% 1 0 0 0 0.110% 0.110% 0% ‐CBD Unknown CBD 17 0.171% 15 1 1 0 0.039% 0.518% 12% Ye

CBG Unknown CBG 1 0.045% 1 0 0 0 0.045% 0.045% 0% ‐

CBD Uno Cinco 1 0.141% 1 0 0 0 0.141% 0.141% 0% ‐CBD Valley Kush 1 0.199% 1 0 0 0 0.199% 0.199% 0% ‐CBD

Variety Not

Stated from

Hemp Depot 9 0.127% 9 0 0 0 0.076% 0.179% 0% ‐

CBD Various 7 0.329% 5 1 0 1 0.031% 1.380% 29% YeCBD Vortex 1 0.098% 1 0 0 0 0.098% 0.098% 0% ‐CBD W‐98 x La Crema 1 0.116% 1 0 0 0 0.116% 0.116% 0% ‐CBD Wacko 5 0.105% 5 0 0 0 0.063% 0.190% 0% ‐CBD Watermelon 1 0.089% 1 0 0 0 0.089% 0.089% 0% ‐CBD

Watermelon

Dream Sauce 1 0.134% 1 0 0 0 0.134% 0.134% 0% ‐

CBD West 98 1 0.572% 0 0 1 0 0.572% 0.572% 100% YeCBD West Slope Kush 2 0.230% 2 0 0 0 0.207% 0.252% 0% ‐

CBG White 29 0.077% 28 1 0 0 0.010% 0.456% 3% ‐

CBD Wife x Tres 3 0.092% 3 0 0 0 0.038% 0.166% 0% ‐CBD Wild Bourbon 1 0.252% 1 0 0 0 0.252% 0.252% 0% ‐CBD Willy G's Lebanes 1 0.543% 0 0 1 0 0.543% 0.543% 100% YeCBD Winter Lake 8 0.180% 6 2 0 0 0.057% 0.443% 25% ‐CBD Wu2 Remission 2 0.136% 2 0 0 0 0.061% 0.211% 0% ‐CBD Wu5 x Lifter 1 0.056% 1 0 0 0 0.056% 0.056% 0% ‐

Grain X‐59 65 0.041% 65 0 0 0 0.009% 0.132% 0% ‐

CBD YoungSim 10 27 0.321% 15 9 3 0 0.054% 0.926% 44% Ye

Fiber

Zolotonosha

15 1 0.004% 1 0 0 0 0.004% 0.004% 0% ‐

4

8