Department of 

~ hio Hemp Program Agriculture 8995 East Main Street, Reynoldsburg, OH 43068 

Governor Mike DeWlne •Lt.Governor Jon Husted Phone: 614-728-2101 • Fax: 614-466-6124 

Director Dorothy Pelanda agri.ohio.gov • hemp@agri.ohio.gov 

Ohio Department of Agriculture 

State Hemp Production Plan 

Submitted on December 13, 2019 

Serving Farmers and Protecting Consumers Since 1846 
State Plan Requirements 

Introduction ................................................................................................................................... 4 

Producer and Land Information . ................................................................................................ 4 

Collect, maintain and provide to USDA contact and real-time information for each hemp 

producer licensed or authorized in the state or territory of the tribal government (whichever 

applicable) ................................................................................................................................... 4 

Provide contact information for each hemp producer and business entity 

A legal description collected and forwarded for land where hemp is produced in the state or 

................................. 5 

tribal territory .............................................................................................................................. 5 

Maintain and report to USDA status oflicensed producers (and any changes) and license or 

authorization numbers of producers ............................................................................................ 6 

Accurate and effective sampling testing using post decarboxylation ....................................... 6 

Procedures for collecting samples from the flower material of plants ....................................... 6 

Procedures to conduct sampling and testing 15 days prior to the harvest date anticipated ........ 7 

Procedures to ensure the method used for sampling represents a homogenous composition of 

the lot. ......................................................................................................................................... 7 

Procedure/statement/allowance to require the producer or an authorized representative of the 

producer to be present at the· growing site during sample collection .......................................... 8 

Procedures to allow for representatives of the sampling agency to have complete and 

unrestricted access during business hours to all hemp and other cannabis plants and all land, 

buildings, etc. used for cultivation and/or handling .................................................................... 8 

Procedures to ensure that a producer does not harvest any cannabis prior to samples being 

taken ............................................................................................................................................ 8 

Procedures to require testing for delta-9 THC concentration ..................................................... 8 

Procedures that prohibit handling, processing, or entering the stream of commerce of any 

hemp grown in a lot where the acceptable hemp THC level is noncompliant. .......................... 9 

Procedures to ensure the hemp plant material from one lot not be commingled with hemp plant 

material from other lots ............................................................................................................... 9 

Procedures to require hemp testing laboratories to adhere to standards of performance for 

detecting THC concentration, including Measurement of Uncertainty (MU); must use DEA 

registered labs ............................................................................................................................. 9 

Disposal procedures ...................................................................................................................... 9 

Procedures for plants that do not meet the requirements of this part .......................................... 9 

Procedures to notify USDA of non-compliant plants and disposal of those plants from the lot 

where representative samples were taken. Test results must be included .................................. 9 

Annual inspections of random sample of licensed producers to verify that hemp is not 

produced in violation of this part .............................................................................................. 10 

Collection of information . .......................................................................................................... 10 

2 
Procedure for submitting the information described in 990. 70 to the Secretary not more than 

30 days after the date on which the information is received ..................................................... 10 

Procedure for producers licensed under state and tribal government plans to share information 

Procedures for producer violations made with a culpable mental state greater than negligence: 

Producer shall be reported to the U.S. Attorney General and the chief law enforcement officer 

Procedures for business entities to determine which participants are considered to be "key," or 

Procedures stating that any persons who materially falsify any information in their application 

with USDA, Agricultural Marketing Service (AMS), or Farm Service Agency (FSA) ........... 10 

Enforcement procedures . ........................................................................................................... 11 

Provides for corrective action plan for negligent violations: .................................................... 11 

Procedures to provide for the correction of negligent violations: ............................................. 11 

................................................................................................................................................... 11 

of the state or tribal government. .............................................................................................. 11 

Procedures for addressing felonies: .......................................................................................... 11 

have executive managerial control. ........................................................................................... 12 

shall be deemed ineligible to participate in the program .......................................................... 12 

Certification of Resources and Personnel. ................................................................................ 12 

3 
Introduction 

Pursuant to 7 C.F.R. 990.2, states which seek to have primary authority over the regulation and 

production of hemp in their home jurisdiction must complete a state plan for review and approval 

by the United States Department of Agriculture (hereinafter "USDA"). This document serves as 

the Ohio Department of Agriculture's (hereinafter "Department") submission of its state plan in 

compliance with 7 C.F.R. 990.2. 

Please note that on July 30, 2019, Governor Mike DeWine signed into law Senate Bill 57 (SB 

57) which decriminalized hemp on a state level. SB 57 required the Department to adopt rules 

which establish federally compliant standards and procedures for the program. The Department 

is going through the rule making process as of the date of this document. Therefore, the rules 

referred to in this document and attached in Exhibit B are in draft form. Any changes to these 

rules will be reported to USDA. 

Producer and Land Information. 

Collect, maintain and provide to USDA contact and real-time information for each hemp 

producer licensed or authorized in the state or territory of the tribal government (whichever 

applicable). 

The Department requires that each prospective hemp cultivator1 apply for licensure 

utilizing the Department's online database program. This program will allow the 

Department to transmit information regarding licensed hemp cultivators to UDSA upon 

request. Specifically, the Department shall provide USDA, by the first of each month, a 

report providing the contact information and the status of the license or other 

authorization issued for each licensed cultivator in the state of Ohio. The Department 

shall utilize form AMS-23 titled "STATE AND TRIBAL HEMP PRODUCER 

REPORT" to meet this requirement. 

The Department shall include the following information in the report referenced in the 

paragraph above: 

• For each new cultivator who is an individual and is licensed or authorized by the 

Department, the report shall include full name of the individual, license or 

authorization identifier, business address, telephone number, and email address (if 

available). 

• For each new cultivator that is an entity and is licensed or authorized by the 

Department, the report shall include full name of the entity, the principal business 

location address, license or authorization identifier, and the full name, title, and 

email address (if available) of each employee for whom the entity is required to 

submit a criminal history record report. 

1 USDA regulations 990. I defines "producer'' means a producer as defined in 7 CFR 718.2 that is licensed or 

authorized to produce hemp under this part. Ohio's legislation analogous term is "cultivator" or "licensed hemp 

cultivator." 

4 
• For each cultivator that was included in a previous report and whose reported 

information has changed, the report shall include the previously reported 

information and the new information. 

• The status of each cultivator's license or authorization. 

• The period covered by the report. 

• Indication that there were no changes during the current reporting cycle, if 

applicable. 

Provide contact information for each hemp producer and business entity. 

Ohio Administrative Code 901 : 14-1-03 requires the following information to be 

submitted with the prospective cultivator's application: 

If the applicant is an individual: 

(B)(l)(a) The full legal name of the applicant; 

(B)(l)(b) The physical address of the applicant; 

(B)(l)(c) The mailing address of the applicant; 

(B)(l)(d) The email address of the applicant; and 

(B)(l)(e) The phone number of the applicant. 

If the applicant is a business entity: 

(B)(2)(a) The full name of the business; 

(B)(2)(b) The federal tax identification number of the business; 

(B)(2)( c) The mailing address of the business; 

(B)(2)( d) The principal business location in the state of Ohio; 

(B)(2)(e) The full name of the individual who is authorized to sign on behalf of 

the business entity; 

(B)(2)(f) The full name, title, and email address of the individual who will be 

primarily responsible for the hemp operations of the business entity; 

(B)(2)(g) The identity of every key participant in the business entity applying for 

licensure; 

(B)(2)(h) The information required in paragraph (B)(l) of this rule for each party 

identified in paragraph (B)(2)(g) of this rule; 

(B)(2)(i) Phone number for the business entity; and 

(B)(2)(j) Email address for the business entity. 

A legal description collected and forwarded for land where hemp is produced in the state or tribal 

territory. 

The Department requires each prospective cultivator to provide the following information 

for each growing location upon application and annually: global positioning coordinates; 

physical address; maps for each field, greenhouse, building, or storage facility where 

hemp will be cultivated or stored; and number of outdoor acres, indoor square footage, 

and number of plants intended to be planted. 

5 
Maintain and report to USDA status oflicensed producers (and any changes) and license or 

authorization numbers of producers. 

The Department, through its online database program, has the capability to submit the 

required reports to USDA on a timely basis. As stated above, the Department shall 

provide USDA, by the first of each month, a report providing the contact information and 

the status of the license or other authorization issued for each licensed cultivator in the 

state of Ohio. The Department shall utilize form AMS-23 titled "STATE AND TRIBAL 

HEMP PRODUCER REPORT' to meet this requirement. 

The Department shall include the following information in the report referenced in the 

paragraph above: 

• For each new cultivator who is an individual and is licensed or authorized by the 

Department, the report shall include full name of the individual, license or 

authorization identifier, business address, telephone number, and email address (if 

available). 

• For each new cultivator that is an entity and is licensed or authorized by the 

Department, the report shall include full name of the entity, the principal business 

location address, license or authorization identifier, and the full name, title, and 

email address (if available) of each employee for whom the entity is required to 

submit a criminal history record report. 

• For each cultivator that was included in a previous report and whose reported 

information has changed, the report shall include the previously reported 

information and the new information. 

• The status of each cultivator's license or authorization. 

• The period covered by the report. 

• Indication that there were no changes during the current reporting cycle, if 

applicable. 

Accurate and effective sampling testing using post decarboxylation. 

Procedures for collecting samples from the flower material of plants. 

The Ohio Department of Agriculture's sampling procedures mirror the "Sampling 

guidelines for hemp growing facilities" document released by USDA. For purposes of 

determining the number of primary plants to sample, Ohio calculated the National Failure 

Rate from information provided by 29 States during the November 2019, National 

Industrial Hemp Regulators Conference Call. The data reported by OK, SC and TN were 

not utilized in this calculation, as it was not consistent with the information provided by 

the other 29 reporting States. This resulted in a National Failure Rate of 25%, and our 

calculated confidence level is 95 %. All numbers were rounded up to develop the minimum 

number of samples to be collected as follows: 

6 
--- -

p N no n 

Initial l Minimum · 

number ofjnumber of 

Confidence National primary primary 

Level Fail Rate Acres pla~!~ pli!nts 

95% 25% 0-8 11 5 

95% 25% 8-12 11 6 . . 

95% 25% 13-17 11 7 

95% 25% 17-26 11 8 

95% 25% 27-45 11 9 

95% 25% 46-100 11 10 

95% 25% 100+ 11 11 

All samples will be taken and collected by Ohio Department of Agriculture personnel. The 

Department's sampling protocol states that the inspectors shall take an eight-inch cutting 

from the top of the central stem of the selected hemp plant. If the plant selected does not 

have enough floral material to make up an eight-inch sample on the central stem, the 

protocol requires the inspector to take additional floral material from the top 1 /3 of the 

plant that was selected until at least eight inches of floral material is obtained. The 

Department believes that this is a sufficient amount of sampling material to provide a 

homogenous sample that is representative of the entire growing location or lot. 

Procedures to conduct sampling and testing 15 days prior to the harvest date anticipated. 

Ohio Administrative Code 901 : 14-1-08 outlines the harvesting requirements for a licensed 

cultivator. The rule requires the cultivator to notify the Department of its intended harvest 

date at least fifteen days in advance. This window provides the Department's inspectors 

the time needed to visit the growing location to collect the sample in accordance with OAC 

901 : 14-1-09. 

Procedures to ensure the method used for sampling represents a homogenous composition of the 

lot. 

Ohio Administrative Code 901: 14-1-09(C) states: 

"The department shall take samples from each field, greenhouse, building, or site 

where hemp is being cultivated by the licensee. The samples shall consist of 

cuttings from at least five hemp plants within the growing location. A set of samples 

must be taken for each variety. The hemp plants selected for sampling shall be 

determined by the department and not the licensee. The licensee shall be afforded 

one testing sample per growing location. All additional samples taken due to the 

licensed cultivator having multiple fields, greenhouses, buildings, sites, or 

additional varieties grown on the growing location shall be subject to the fees 

outlined in rule 901 : 14-1-04." 

7 
In addition, the Department's internal sampling procedure states that the Department will 

take cuttings from at least five plants in each growing location/lot. For growing 

locations/lots that are larger than five acres, the Department is utilizing USDA's formula 

to calculate the initial number of primary plants to be sampled, with a Failure Rate of 25% 

with a confidence level of 95%, as noted in the table above. The Department believes that 

this is consistent with the sampling guidelines released by USDA. 

Procedure/statement/allowance to require the producer or an authorized representative of the 

producer to be present at the growing site during sample collection. 

Ohio Administrative Code 901:14-1-09(B) states, "During the sample collection window 

as outlined in rule 901: 14-1-08, the licensed cultivator or an authorized representative 

shall be present at the growing location." 

Procedures to allow for representatives of the sampling agency to have complete and unrestricted 

access during business hours to all hemp and other cannabis plants and all land. buildings, etc. 

used for cultivation and/or handling. 

Ohio Administrative Code 901: 14-1-09(B) provides "Representatives of the department 

shall be provided with complete and unrestricted access to all hemp and other cannabis 

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

for the cultivation, handling, and storage of all hemp and other cannabis plants; and all 

locations listed in the license application. 

Procedures to ensure that a producer does not harvest any cannabis prior to samples being taken. 

Ohio Administrative Code 901:14-1-08(B) states that, "No licensed cultivator shall 

harvest hemp prior to the department collecting a sample from the area intended to be 

harvested." 

Procedures to require testing for delta-9 THC concentration. 

The Department's Consumer Protection Laboratory (ODA-CPL) is the official regulatory 

laboratory for raw hemp testing in the state of Ohio. The laboratory was the first state 

laboratory to achieve ISO/IEC 17025 accreditation for chemical and microbiological tests 

pertaining to food, feed, livestock and environmental samples and intends to add all raw 

hemp testing to the scope of accreditation at the earliest available opportunity. The 

Department currently possesses a DEA license for its Animal Disease Diagnostic 

Laboratory and will seek to expand the license's scope to ODA-CPL at the earliest 

opportunity. 

Ohio Revised Code defines delta-9 tetrahyrdocannibinol as the sum of THC and its 

equivalent of THCA, termed as "Total THC" where the Total THC = THC + THCA * 

0.877. ODA-CPL is currently designing and renovating space for dedicated testing of 

hemp and hemp products. As this renovation will not be completed prior to the first hemp 

growing season in Ohio, ODA-CPL is actively preparing an interim space that will 

8 
accommodate all the testing needs of the 2020 growing season. ODA-CPL is incorporating 

HPLC-UV and/or HPLC-PDA methodology to actively quantitate both THC and THCA 

so that Total THC can be calculated without the need to decarboxylate. The interim space 

will be equipped for sample comminution, sieving, secure custody, moisture analysis and 

sample extraction. Analysts will validate methodology that exceeds AOAC SMPR 

2019.003 as it pertains to THC and THCA. ODA-CPL is prepared to utilize their existing 

LIMS to report out Total THC results on a dry weight basis both to cultivators and the 

USDA. 

Procedures that prohibit handling. processing. or entering the stream of commerce of any hemp 

grown in a lot where the acceptable hemp THC level is noncompliant. 

Ohio Administrative Code 901:14-1-0S(D) states that, "Harvested plant material shall not 

be moved beyond the cultivator's storage facility until the department releases the plant 

material in writing using the hemp release form." Hemp will only be released by the 

Department upon a finding that the lot sampled was within the acceptable hemp THC level. 

Procedures to ensure the hemp plant material from one lot not be commingled with hemp plant 

material from other lots. 

Ohio Administrative Code 901: 14-1-1 O(E) states, "Any plant material that is co-mingled 

with plant material which exceeds the acceptable hemp THC level shall be destroyed 

pursuant to rule 901 : 14-1-11 of the Administrative Code." 

Procedures to require hemp testing laboratories to adhere to standards of performance for 

detecting THC concentration, including Measurement of Uncertainty (MU); must use DEA 

registered labs. 

The Department's testing laboratory shall be the official regulatory laboratory for 

compliance with Chapter 928 of the Revised Code and the rules adopted pursuant to it. The 

Department may contract with third-party laboratories to provide testing services on its 

behalf. Any lab that the Department contracts with shall meet the standards set out by 

USDA. 

Disposal procedures. 

Procedures for plants that do not meet the requirements of this part. 

Plant material which exceeds the acceptable hemp THC level shall be destroyed in 

compliance with Ohio Administrative Code 901: 14-1-11. All licensed cultivators must 

submit a destruction report in order to destroy hemp. No destruction may occur unless 

department personnel are present to witness the destruction unless otherwise notified by 

the department. 

Procedures to notifv USDA of non-compliant plants and disposal of those plants from the lot 

where representative samples were taken. Test results must be included. 

9 
In compliance with 7 CFR 990. 70, the Department's procedures indicate that by the first 

of each month a report notifying USDA of any occurrence of non-conforming plants or 

plant material and providing a disposal record of those plants and materials shall be 

generated. 

The Department shall utilize form AMS~24 titled, "ST ATE AND TRIBAL HEMP 

DISPOSAL REPORT" in order to accomplish this task. The Department shall provide 

the following information within the report: 

1. Name and address of the cultivator. 

2. Cultivator license or authorization identifier. 

3. Location information, such as lot number, location type, and geospatial location or 

other location descriptor for the production area subject to disposal. 

4. Information on the agent handling the disposal. 

5. Disposal completion date. 

6. Total acreage. 

Annual inspections of random sample of licensed producers to verify that hemp is not produced 

in violation of this part. 

Ohio Administrative Code 901:14-1-09(A) states: "All growing locations shall be subject 

to random sampling and inspection at any time by the department for compliance with 

chapter 928 of the Revised Code and the rules of this chapter." Therefore, the Department 

is in compliance with this requirement. 

Collection of information. 

Procedure for submitting the information described in 990.70 to the Secretary not more than 30 

davs after the date on which the information is received. 

Ohio Administrative Code 901: 14-1-15 states, "The department shall provide information 

about approved cultivation, handling, and storage site locations to representatives of the 

United States department of agriculture (USDA), and any federal, state, or local law 

enforcement agency whose representatives request licensed site information, including 

GPS coordinates." As stated previously, through the Department's electronic database, the 

Department has the capability and the procedures in place to meet the requirements of 

990. 70 not more than thirty days after the date which the information was received 

Procedure for producers licensed under state and tribal government plans to share information 

with USDA.. Agricultural Marketing Service (AMS). or Farm Service Agency (FSA). 

Ohio Administrative Code 901 :14-1-12 requires a licensed cultivator to report their hemp 

crop acreage to the UDSA FSA. Additionally, cultivators are required to submit planting 

reports and annual production reports to the Department. 

10 
Enforcement procedures. 

Provides for corrective action plan for negligent violations: 

Ohio Revised Code 928.0S(A) states that the "director shall issue a corrective action plan 

to any person that the director determines has negligently violated 928.04 of the Ohio 

Revised Code. ORC 928.04 states that "no person shall ... cultivate hemp without a hemp 

cultivation license ... violate this chapter or rules adopted under it ... fail to comply with 

[a corrective action plan]." 

Procedures to provide for the correction of negligent violations: 

Ohio Revised Code 928.0S(A) states, "The director shall include in the corrective action 

plan both of the following: (1) A reasonable date by which the person shall correct the 

violation; and (2) A requirement that the person report to the director regarding the person's 

compliance with the requirements of this chapter, rules adopted under it, and the corrective 

action plan for two calendar years immediately following the date of the violation." Also 

see Ohio Administrative Code 901:I4-1-99(B). 

Further, ORC 928.0S(B) states, If the director determines that a person negligently violated 

section 928.04 of the Revised Code three or more times in any five-year period, the director 

shall revoke the person's hemp cultivation license or hemp processing license, if any, and 

shall refuse to issue a hemp cultivation license or hemp processing license to that person 

for a period of five years beginning on the date that the director determines that the person 

committed the most recent violation." Also see Ohio Administrative Code 901: 14-1-

99(A)( 4). 

Procedures for producer violations made with a culpable mental state greater than negligence: 

Ohio Revised Code 928.0S(C) states, "The director shall report a person who the director 

determines has violated section 928.04 of the Revised Code with a culpable mental state 

greater than negligence to the attorney general, the United States attorney general, and the 

applicable county prosecutor." 

Producer shall be reported to the U.S. Attorney General and the chieflaw enforcement officer of 

the state or tribal government. 

See above. 

Procedures for addressing felonies: 

Ohio Administrative Code 901 :14-1-0S(A) requires "All applicants and key participants in 

the business entity, if applicable, shall submit to a criminal records check completed by the 

bureau of criminal identification and investigation in accordance with section 928.02 of the 

Revised Code." 

11 
The Department shall only issue a hemp license if the applicant has completed the required 

background check(s) as outlined in rule 901:14-1-05 of the Administrative Code and the 

applicant and no key participant of the business entity has, within the last ten years, plead 

guilty to or been convicted of a disqualifying offense. The Department will be conducting 

both a state and federal background check. See OAC 901:14-1-02(E)(3). Further, should 

any licensee or key participant, during the time oflicensure, plead guilty to or be convicted 

of a disqualifying offense, the license shall be revoked or suspended by the Department if 

the licensee or key participant is not removed from the entity within thirty days from the 

date of plea or conviction. See OAC 901:14-1-02(G). 

"Disqualifying offense" means any felony involving a controlled substance including, but 

not limited to, violations of: (1) Ohio Revised Code 2907.02(A)(l)(a); (2) Ohio Revised 

Code 2907.05(A)(2); (3) Ohio Revised Code 2923.16(D)(2); (4) Ohio Revised Code 

2923.241; or (5) Ohio Revised Code chapters 2925, 3719, and 3796. 

Procedures for business entities to determine which participants are considered to be "key," or 

have executive managerial control. 

See above. Please note that the Department has defined "key participant" to match the 

USDA definition. See OAC 901:14-1-0l(L). 

Procedures stating that any persons who materially falsify any information in their application 

shall be deemed ineligible to participate in the program. 

The director shall deny, suspend, or revoke a hemp cultivation license if the licensed 

cultivator, applicant, or key participant has provided false or misleading information on the 

hemp cultivation application or renewal application. Ohio Administrative Code 901: 14-1-

99(A)(l ). 

Certification of Resources and Personnel. 

The Ohio Department of Agriculture hereby certifies that it has the resources and personnel to 

carry out the requirements, practices, and procedures as outlined in 7 CFR 990. 

STATE OF OHIO, 

Ohio Department of Agriculture ("ODA") 

By: -~ Date: d%anda 

Director, ODA 

By: Date: 

~ t I 

Executive Director, Hemp Program 

12