West Virginia Department of Agriculture 

Proposed Industrial Hemp Plan 

West Virginia Industrial Hemp Development Act 

West Virginia Code §§19-12E-1 et seq. 

West Virginia Legislative Rule for Industrial Hemp 

West Virginia Code of State Rules 61-29 

Date of Resubmission: October 8, 2021 

Proposed Effective Date: January 1, 2022 
 

 

 

 

 

 

 

 

 

 

Overview of program 

In 2002, the West Virginia Legislature passed the Industrial Hemp Development Act, 

which created the framework for legalized industrial hemp in West Virginia and paved the way 

for the growth and cultivation of industrial hemp in the State. Following passage of the 2014 Farm 

Bill, which authorized states to establish pilot programs for industrial hemp research, the West 

Virginia Department of Agriculture (WVDA) acted swiftly to implement the pilot program, based 

on the authority already granted in state law. 

Since the inception of this pilot program, interest and investment in industrial hemp in West 

Virginia has grown exponentially. From 2017 to 2020, the number of license-holders increased 

from 46 to 311. In 2020, although 2,760 acres were registered with the program, only 215 acres 

were harvested. For the 2021 growing season, WVDA received 232 applications to grow and/or 

process hemp. 

WVDA’s current regulations and practices under its pilot program are very similar to those

required by the USDA Final Rule. This means that West Virginia is well positioned to make a 

smooth transition into operating under a USDA-approved hemp plan. This document is an outline 

of the West Virginia Department of Agriculture’s Industrial Hemp Program and is WVDA’s

formal submission to the USDA for review and approval. 

Application Process 

WVDA will designate a time period for interested parties to apply for an industrial hemp 

license. Licenses will become effective, upon approval of the submitted application, for the 

calendar year for which the application is made and will expire on December 31 of that year. To 

participate in WVDA’s industrial hemp program, the applicant must complete the most current 

WVDA hemp application, submit geospatial coordinates and other required information 

concerning land where hemp operations will be performed, provide state and federal background 

checks, and submit both an application and licensing fee. 

Compliance Statement 

By signing and submitting his or her industrial hemp application, each applicant 

understands and acknowledges that he or she is being licensed to grow hemp under the limited 

authority granted by the USDA Final Rule on Hemp, the West Virginia Industrial Hemp 

Development Act and the regulations promulgated pursuant thereto. The applicant acknowledges 

and agrees that the actions of all individuals employed by or contracting with the applicant to work 

as part of his or her hemp operation, and that the operations on all sites registered to the licensee, 

are the responsibility of the applicant and can be imputed to the applicant for purposes of regulation 

by WVDA. Furthermore, the applicant acknowledges and agrees to the following terms and 

conditions: 
 

 

 

 

 

 

 

 

 

 

 

 

• Any information provided to WVDA, except criminal history records provided to 

WVDA, may be publicly disclosed and be provided to law enforcement agencies 

without further notice to the applicant; 

• The applicant agrees to allow any inspection and sampling that WVDA considers 

necessary; 

• The applicant agrees to pay for any sampling and analysis costs that WVDA 

considers necessary; 

• The applicant agrees to submit all required reports by the applicable due dates 

specified by the Commissioner; and 

• The applicant agrees to update information with WVDA as changes occur to the 

information submitted on applications. 

Validation & Review of Applications 

WVDA will review each application to ensure that all requested information has been 

provided. If the application is deemed incomplete, the applicant will be given an opportunity to 

provide the missing information before the application is rejected. Any applicant convicted of a 

felony for a controlled substance within the past 10 years will be ineligible for licensing. Any land 

owned by an individual with a felony conviction for a controlled substance within the past 10 years 

may be ineligible for inclusion on a license. Any other felonies of which an applicant has been 

convicted within the preceding 10 years will also be reviewed and may result in ineligibility. 

License Process 

All applicants who submit complete applications and otherwise satisfy all the requirements 

of the program will be issued a license. The license will be specific to, and will list, locations where 

the licensee is permitted to grow, cultivate, store, handle, or process raw industrial hemp. Licensees 

are responsible for both themselves and all individuals involved with planting, maintenance, 

harvesting, and processing of the industrial hemp grown under their license. 

Information Maintenance & Reporting 

WVDA maintains files for each licensee that contain contact information, application, 

license, geospatial location, legal descriptions of permitted lands, sampling invoices, sampling 

chain of custody, THC testing results, a record of all fees collected, key participants’ names and

titles, and the results of state and federal background checks for applicants (including key 

participants, where applicable). Key participants are defined as a sole proprietor, a partner in 

partnership, or a person with executive managerial control in a corporation. All records are kept 

on file for at least 5 years. While records are kept confidential in the ordinary course of operations, 

some or all of those records may be subject to the state’s Freedom of Information Act, W. Va.

Code §§29B-1-1- et seq., and subject to disclosure upon request. 
 

 

 

 

 

 

 

WVDA will provide USDA with contact information for each licensee covered under the 

plan, including the licensee’s name, address, telephone number, and email address. If the licensee

is a business entity, WVDA will provide USDA with the full name of the business, address of the 

principal business location, full name and title of the key participants, an email address, and the 

business entity’s FEIN number. WVDA will also provide USDA with a legal description for all

land licensed for the production, storage, growing, processing, or handling of raw industrial hemp, 

including a geospatial location for each site. WVDA will further provide USDA, upon request, 

updates on the status of each license, including any status changes. All information reported to 

USDA will be submitted in accordance with its reporting requirements. WVDA will also report 

hemp crop acreage planted, destroyed, and remediated to the USDA. All licensees will be required 

to contact their local Farm Service Agency office and provide their street address, state license 

authorization number, report hemp crop acreage planted, harvested, and disposed of on each 

specific “lot”.

Site Monitoring 

Site inspections will be performed at the same time as pre-harvest samples are collected 

for THC compliance testing. Authorized WVDA staff or designees will perform site inspections 

to ensure compliance with State and Federal rules for hemp production in West Virginia. For the 

2018, 2019 and 2020 growing seasons, WVDA successfully sampled and tested all licensed 

locations within West Virginia and intend to continue to do so. Site inspections may also be 

performed for other purposes, including research, education, collection of information, and 

compliance verification. 

Field Sampling & Training 

Each licensee must contact WVDA at least 30 days prior to harvest of his or her licensed 

crop to schedule a time for sample collection. This timeframe allows adequate time to arrange for 

sample collection and delivery to the WVDA laboratory, or an equivalently accredited USDA 

approved laboratory for testing. Each lot will be sampled and tested to ensure that the postdecarboxylated tetrahydrocannabinol concentration level (“total THC”) does not exceed 0.3%, 

plus or minus the measurement of uncertainty. A “lot” is defined as a contiguous area in a field,

greenhouse or indoor structure containing the same variety of hemp. Harvesting cannot occur until 

WVDA has inspected and sampled that specific lot. Harvest must be completed no more than 30 

days after WVDA has taken a sample. Samples of hemp plant material from one lot shall not be 

commingled with hemp plant material from other lots until compliant sample results have been 

received from the WVDA laboratory. If samples are commingled, however, the entire biomass 

will be required to be destroyed in the event of a violative test of one or more of the commingled 

varieties. Each licensee is responsible for the costs associated with sampling and testing. Once a 

lot has been tested by WVDA and found to be compliant, it can enter the market. 

During sampling, WVDA will collect hemp flower material from each lot. The licensee or 

a designated employee shall accompany the WVDA inspector throughout the sampling process 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

and must allow WVDA inspectors unrestricted access to the grow locations. The WVDA inspector 

shall verify the GPS coordinates of the growing area and compare them with the ones submitted 

by the licensee to ensure that the location was properly registered. The WVDA inspector shall 

estimate the average height, appearance, density, plant condition, and degree of maturity of the 

inflorescences—or flowering buds. The WVDA inspector shall visually establish the homogeneity 

of the stand to confirm that the lot is of like variety. The WVDA will perform sampling pursuant 

to Standard Sampling Protocols which require all licensed lots to be sampled and tested each year. 

All samples will be collected from the flowering tops of the plant (or highest branches that can be 

reached) by cutting the top five to eight inches from the main stem, terminal bud, or central cola 

of the flowering top of the plant. The sample size must be of adequate volume to accommodate 

laboratory tests and to ensure that the sample is representative of the lot. The WVDA inspector 

will utilize a paper bag and a hand pruner for collecting sample cuttings, securely seal each bag, 

and record the sample number. The WVDA inspector will fill out a chain of custody form and 

sampling invoice for hemp samples taken at each location. WVDA conducts annual hemp sample 

training for WVDA inspectors and maintains records of each training and attendance. 

Lab Testing 

The WVDA is the reference laboratory in the US for various bioterrorism contaminants in 

foods, designated by the USDA Food Emergency Response Network. WVDA laboratory scientists 

are internationally recognized for their research and method development activities. All WVDA 

regulatory laboratories follow ISO Quality System Management Procedures, Technical Standard 

Operating Procedures, and Quality Procedures, and maintain a consultant pharmacist regarding all 

matters related to schedule 1 drugs used for controls. WVDA currently has twenty-four methods 

that are ISO17025:2017 accredited, including a method of measuring total THC. Perry Johnson 

Laboratory Accreditation (PJLA) performed the laboratory audit in July 2021. The WVDA 

laboratory is a DEA schedule 1 laboratory. 

The WVDA laboratory follows sample preparation procedures to ensure that the entire 

sample received by the laboratory is adequately prepared and homogenized prior to analysis (see 

Attachment 1). Once the sample is received and adequately dried, it is passed through a sieve to 

remove large non-grindable materials before being ground into a fine powder (see Attachment 2). 

Analysis of the homogenized sample’s total THC is performed using an Ultra-High-Performance 

Liquid Chromatography machine to chromatically separate and quantitate both Δ9-THC and THCA. The formula [%total THC = % Δ9-THC + (%Δ9-THCA × 0.877)] accounts for the loss of 

carbon dioxide from the THC-A that results from decarboxylation (see Attachment 3). All samples 

are initially tested with several controls per batch to ensure that results are precise and accurate. If 

the calculated results are above 0.3%, taking into account the measurement of uncertainty, the 

samples are retested for confirmation. 

WVDA follows a strict procedure on the calculation of measurement uncertainty for THC 

analysis in hemp. WVDA’s method is based on ISO Guidance for Estimation of Measurement in 

Testing. Reference materials are used to calculate the standard deviation. The expanded 

measurement of uncertainty calculation is attached (see Attachment 4). The calculated 

measurement of uncertainty is indicated on each final report in a +/- format. The acceptable hemp 
 

 

 

 

 

 

 

 

 

 

THC level is based on the application of the measurement of uncertainty to the reported total THC 

content concentration level on a dry-weight basis, producing a distribution of 0.3% or less. Test 

results for each lot will be reported to USDA according to USDA guidelines. 

Violations and Enforcement 

If a sample is determined to be above the acceptable limit of total THC (0.3% +/- MU), the 

licensee will be notified by certified mail, the contents of which will direct the embargo of the lot 

in violation, until such time as destruction or remediation of the crop can be completed. Possible 

methods of crop destruction are based on scale, available equipment, and effectively rendering the 

crop irrecoverable All crop destruction is witnessed by WVDA employees and report forms for all 

non-compliant plants will be submitted to the USDA. Methods of remediation are limited to the 

USDA approved remediation options. One option will allow the licensee to remove all hemp 

flower from the plant, destroy the flower material with a WVDA inspector as witness, and submit 

the remaining plant material for sampling and testing by WVDA for total THC compliance at the 

licensee’s expense. Alternatively, a licensee may shred and blend the flower and plant material 

into a homogenized biomass, which must then be resampled and tested by WVDA at the expense 

of the licensee. If the remediated sample results are at or below the acceptable limit of total THC 

(0.3% +/- MU) the embargo will be lifted, and the crop will be allowed to enter the stream of 

commerce. 

WVDA will conclude that a licensee has negligently violated the state plan if it fails to 

provide a legal description of the land on which the licensee produces hemp or conducts hemp 

operations, fails to obtain a license or other required authorization from the West Virginia 

Department of Agriculture, or produces cannabis containing 1% total THC or above. 

A licensee will be required to comply with requirements established by WVDA to correct 

any negligent violation, including: (1) a reasonable date by which the licensee shall correct the 

negligent violation; (2) any requirement stipulating that the licensee shall periodically report to 

WVDA the licensee’s compliance with the state plan for at least two calendar years from the date

of the negligent violation (depending on the Commissioner’s discretion); and (3) any other

requirement deemed appropriate to address the negligent violation. A licensee who negligently 

violates the rules of the WVDA industrial hemp plan three times within a five-year period will be 

ruled ineligible to produce hemp in West Virginia for a period of five years beginning on the date 

of the third violation. A licensee shall not be assessed more than one negligent violation per 

calendar year. WVDA shall conduct inspections to determine that the corrective action plan and 

any other stated requirements have been implemented by the licensee. 

If WVDA determines that a licensee has intentionally violated the provisions of its 

industrial hemp plan, the violation and licensee will be reported to the USDA, United States 

Attorney General for the district in which the violation occurred, West Virginia Attorney General, 

the sheriff of the county in which the violation occurred, and the local detachment of the West 

Virginia State Police. The determination of when an intentional violation has occurred will be 
 

 

 

 

 

 

 

 

made on a case-by-case basis, and WVDA shall evaluate the situation holistically, and may include 

consideration of other information, such as the surrounding circumstances and a licensee’s state of 

mind or other related conduct., and other actions may be considered negligent or intentional based 

on additional factors, such as the licensee’s state of mind. Material falsification of information by 

any program participant will result in a minimum of 1 year suspension from the WVDA hemp 

program. 

Appeal Process 

Once a licensee has been notified of a violation based on a non-compliant crop or other 

issue, he or she has the right to appeal the determination within ten (10) days of the date the 

notification is received. The licensee may request a hearing, at which time testimony, evidence, 

and arguments may be presented. The appeal process is guided by the West Virginia 

Administrative Procedures Act, W. Va. Code §§29A-5-1 et seq., and the issues, once argued and 

briefed, are decided by the WVDA Commissioner. 

Program Financing 

WVDA operates as an interdisciplinary department, and many employees are cross-trained 

to assist with various programs; the industrial hemp program is no exception. Aside from WVDA’s 

full-time Hemp Program Coordinator, the following employees and divisions contribute to the 

operation and management of the WVDA Industrial Hemp Program: 

• Executive Division, including the Commissioner, Deputy Commissioner, Chief of 

Staff, and General Counsel; 

• Plant Industries Division, including plant regulatory officers; 

• Regulatory and Environmental Affairs Division, including chemists, research 

chemists, hemp chemists, compliance officers, laboratory technical leaders, 

laboratory quality managers, and others; 

• Business Development Division; 

• Communications Division; 

• Information Technology Division; and 

• Administrative Services Division. 

Due to the interdisciplinary structure of the Department, WVDA is confident that it has adequate 

personnel to properly implement this Plan. Further, the West Virginia Legislature has provided 

additional appropriations, both one-time and ongoing, to fund the program, thus indicating a 

commitment to support the industry. 
 

 

Conclusion 

In accordance with federal and state laws, WVDA does not discriminate in its programs 

and services on the basis of race, color, religion, sex, age, national origin or ancestry, disability 

(including blindness), medical condition, marital status, veteran status, or political affiliation. 

WVDA retains the right to update this plan in accordance with West Virginia statues, 

legislative rules, and USDA guidelines. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hemp Sample Guidelines 2022 

Samples are taken to obtain specimens for the measurement of totaltetrahydrocannabinol(THC) 

content, which determine whether the specimens are hemp or marijuana. The measurements are 

intended to be representative of the totalTHC content in a “lot” of hemp crop acreage as identified by 

the producer. Hemp producers may not harvest hemp prior to the hemp being sampled for THC 

concentration. All licensed lots are sampled each year. 

1. Date, time and location of each sampled lot will be determined by Mike Arnold 

a. Grower notification of estimated harvest date 

b. Region supervisor will assign WVDA sampler 

c. Sampler will contact license holder and setup date, time and location for sampling prior to 

harvest 

2. How to fill out the sample invoice form 

a. Travel and Sample time calculation 

i. all driving time calculated from Guthrie 

b. Each sampled lot 

i. alias, variety, county, acres, sample number 

ii. Sample # format “WV-04/06/20-License#-Sample#”

iii. calculate sample fee $150 per sample taken 

c. Back side of original 

i. How to sketch field perimeter with acreage, number rows and length of rows 

ii. Draw where sample line transect was taken and number of cuttings 

iii. Take and record GPS coordinate at each growing location 

d. IF NECCESARY: Take pictures of each field 

i. Enough pictures to tell where each variety was grown and sample taken 

ii. Send pictures in email including Sample ID they will printed and added to file 

➢ Name pictures with sample # plus pic1, pic2 etc. 

iii. Send each set of pictures to Mike Arnold in separate emails for each License holder 

e. Licensee or representative signature 

f. Provide signed copy to 

i. Original white page go to Mike’smailbox,scanned front and back
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ii. Grower pink copy 

iii. Grower yellow copy to be mailed with payment, blue envelope provided 

by WVDA, inform to send payment within 30 days 

3. How to take sample per lot 

a. Randomly select “row” or transect of lot to sample of a single hemp variety within single 

field 

b. Take a representativesample of each variety (at least one cutting per acre) atleast 5 cuttings 

per lot sampled 

c. Each plant sampled cut top 3-6 inches of apical branch target flower material 

d. Ensure sufficient amount of plant material for laboratory sampling 

i. sufficient sample = brown bag 1/3rd to 1⁄2 full of hemp 

e. Create label and seal bag 

i. Label includes sample #, print and sign name 

ii. Fold top of brown bag down 2-3 times 

iii. Staple Labelto the top of bag sealing the bag and ensure the label acts as a seal 

f. Repeat A-E for each variety of hemp per separate growing location 

g. IF NECCESARY: Take picture of all samples, email Mike Arnold with field pictures, label 

sample# plus bags 

h. Coordinate transporting sample/s to WVDA READ laboratory or designated WVDA employee 

for transport 

4. Chain of custody form 

a. Sampler will fill out sample #, date of sample taken 

b. Sampler Initials and signs 

c. Deliver to laboratory or designated WVDA employeefor transport to lab 

i. Each WVDA employee in possession must sign, date for WVDA READ laboratory must 

sign, date and provide time sampled 

5. Sanitize between locations 

a. pruners 

6. Summary of Process 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Grower needs to email hemp@wvda.us with name, contact information, license # and harvest 

date 

2. Mike Arnold will email responsible supervisor 

a. Included with email will be information listed above 

b. Copy of first page of grower’s application

c. Copy of Grower’s License

d. Copy of Locations (Attachment A) 

3. Collector contacts grower and sets up time for sample before the harvest date 

4. Sample Day 

a. print and bring: Copy of license, first page of application, (optional: google map) 

b. Must bring and fill out Sampling Invoice and Chain of Custody 

c. All required equipment for sample 

d. Fill out KOBO form on-site 

5. Turn into READ Lab, Guthrie WV 

a. All hemp samples 

b. Chain of custody (get copy for Plant Industry’s records)

6. Turn into Plant Industries, Guthrie WV 

a. Put in Mike’smailbox in building 6

1. Sampling Invoice (White page) 

2. Copy of chain of custody 

3. Any additional information collected 

7. Equipment Checklist 

Pruners 

Stapler 

Cooler 

Hemp Sample Bags 

Hemp Sample Tags 

Hemp Sample Invoice 

Envelope 
 

 

 

Copy of License, first page of grower application, location info (attachment A), map 

KOBO (tablet or phone) 

Device for pictures 

GPS Unit 

Disinfectant