South Carolina	Hemp Farming State Plan

A Plan to implement the South Carolina Hemp Program under S.C. Code Ann. § 46-55-10 et seq. and the

U.S. Hemp Farming Act of 2018.

WHEREAS, under S.C. Code Ann. § 46-55-10 et seq. and the U.S. Hemp Farming Act of 2018, the South

Carolina Commissioner of Agriculture is authorized to draft and submit to the Secretary of the U.S.

Department of Agriculture a State Plan which sets forth the procedure under which the South Carolina

Department of Agriculture regulates hemp production in South Carolina. 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 South Carolina Department of

Agriculture’s (hereinafter the “Department”) submission of its State Plan in compliance with 7 C.F.R.

990.2 S.C. Code Ann. § 46-55-10 et seq.

SECTION 1. SHORT TITLE

This Plan may be cited as the South Carolina Hemp Farming State Plan.

SECTION 2. PURPOSES

It is the declared policy of this state that hemp is a viable agricultural crop in this state. The purpose of

this Plan is to enable the Department and its Permittees to promote the cultivating, handling, and

processing of hemp. This State Plan provides a framework for the Department and its Permittees to

cultivate, handle, and process hemp in this state.

SECTION 3. DEFINITIONS

For the purposes of this State Plan:

1. “Acceptable hemp THC level” is the application of the measurement of uncertainty to the

reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis

producing a distribution or range that includes 0.3% or less. This definition affects neither the

“Federally defined THC level for hemp,” as defined below nor, the definition of “marijuana,” as

defined below. When a laboratory tests a sample, it must report the delta-9

tetrahydrocannabinol content concentration level on a dry weight basis and the measurement
	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	

of uncertainty. The acceptable hemp THC level for the purpose of compliance with the

requirements of this State Plan is when the application of the measurement of uncertainty to

the reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis

produces a distribution or range that includes 0.3% or less. For example, if the reported delta-9

tetrahydrocannabinol content concentration level on a dry weight basis is 0.35% and the

measurement of uncertainty is +/−0.06%, the measured delta-9 tetrahydrocannabinol content

concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41%. Because

0.3% is within the distribution or range, the sample is within the acceptable hemp THC level for

the purpose of plan compliance.

2. “Cannabidiol” or “CBD” means the compound by the same name derived from the hemp variety

of the Cannabis sativa L. plant.

3. “Commercial sales” mean the sale of hemp products in the stream of commerce, at retail,

wholesale and online.

4. “Commissioner” is the Commissioner of the South Carolina Department of Agriculture or his

designee.

5. “Conviction” is defined to explain what is considered a conviction and what is not. Specifically, a

plea of guilty or nolo contendere or any finding of guilt is a conviction. However, if the finding of

guilt is subsequently overturned on appeal, pardoned, or expunged, then it is not considered a

conviction for purposes of this State Plan. This definition of “conviction” is consistent with how

some other agencies who conduct criminal history record searches determine disqualifying

crimes.

6. “Corrective action plan” means a plan set forth by the Department for a permitted hemp

producer to correct a negligent violation of or non-compliance with a hemp production plan, its

terms, or any other provision set forth under this State Plan. This term is defined in accordance

with the 2018 Farm Bill, which mandates certain non-compliance actions to be addressed

through corrective action plans.

7. “Culpable mental state greater than negligence” is a term used in the 2018 Farm Bill to

determine when certain actions would be subject to specific compliance actions. This term

means to act intentionally, knowingly, willfully, recklessly, or with criminal negligence.

8. “Cultivating” means planting, watering, growing, and harvesting a plant or crop.

9. “Decarboxylated” means the completion of the chemical reaction that converts THC-acid (THCA)

into delta-9-THC, the intoxicating component of cannabis. The decarboxylated value is also

calculated using a conversion formula that sums delta-9-THC and eighty-seven and seven tenths

(87.7) percent of THC-acid.

10. “Decarboxylation” is the removal or elimination of a carboxyl group from a molecule or organic

compound.

11. “Department” or “SCDA”, as the terms may be used interchangeably, is the South Carolina

Department of Agriculture.

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12. “Federally defined THC level for hemp” means a delta-9 THC concentration of not more than 0.3

percent on a dry weight basis, or the THC concentration for hemp defined in the Agriculture

Improvement Act of 2018, Pub.L. 115-334, whichever is greater.

13. “Growing Location” or “lot”, as the terms may be used interchangeably, refers to a contiguous

area in a field, greenhouse, or indoor growing structure containing the same variety or strain of

cannabis throughout. In addition, “lot” is a common term in agriculture that refers to the batch

or contiguous, homogeneous whole of a product being sold to a single buyer at a single time.

Under the terms of this part, “lot” is to be defined by the producer in terms of farm location,

field acreage, and variety (i.e., cultivar) and to be reported as such to the FSA.

14. “Handling” means taking ownership, possessing, or storing hemp plants for any period of time.

“Handling” also includes possessing or storing hemp plants in a vehicle for any period of time

other than during its actual transport from the premises of a permitted person to cultivate or

process hemp to the premises of another permitted person. “Handling” does not mean

possessing or storing finished Hemp Products as that term is defined below.

15. “Hemp” means the plant species Cannabis sativa L. and any part of that plant, including the

seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of

isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not

more than 0.3 percent on a dry weight basis. Hemp does not include Hemp Products as defined

below.

16. “Hemp Plant Parts” shall mean any floral buds, leaves, roots, seeds, stalks, or stems of the plant

Cannabis sativa L. with a THC concentration of not more federally defined THC level for hemp.

17. “Hemp Products” means all products with the federally defined THC level for hemp derived

from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form

available for commercial sale, including, but not limited to cosmetics, personal care products,

food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper,

particleboard, plastics, and any product containing one or more hemp-derived cannabinoids,

such as cannabidiol. Unprocessed or raw plant material, including non-sterilized hemp seeds, is

not considered a hemp product.

18. “Industrial Hemp” is equivalent in all meanings to “Hemp.”

19. “Key Participant” means a sole proprietor, a partner in partnership, or a person with executive

managerial control in a corporation. A person with executive managerial control includes

persons such as a chief executive officer, chief operating officer and chief financial officer. This

definition does not include non-executive managers such as farm, field, or shift managers.

20. “Marijuana,” as defined under Section 44-53-110 and notwithstanding any other provisions of

the law, does not include hemp or hemp products. Cannabis with a THC level exceeding 0.3

percent is considered marijuana, which remains classified as a schedule I controlled substance

regulated by the Drug Enforcement Administration (DEA) under the Controlled Substances Act

(CSA).

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21. “Negligence” is a term used in the 2018 Farm Bill to describe when certain actions are subject to

specific compliance actions. For the purposes of this part, the term means failure to exercise the

level of care that a reasonably prudent person would exercise in complying with the regulations

set forth under this part.

22. “Permitted Farmer” or “Permitted Hemp Farmer” means an individual permitted to cultivate

hemp.

23. “Permitted Handler” or “Permitted Hemp Handler” means an individual or business permitted

to handle hemp. A Handler Permit does not allow for cultivation of hemp.

24. “Permitted Processor” or “Permitted Hemp Processor” means an individual or business

permitted to process hemp. A Processor Permit does not allow for cultivation of hemp.

25. “Permittee” means a person or business, if applicable, authorized by the Department under the

authority of the South Carolina Hemp Farming Act S.C. Code Ann. § 46-55-10 et seq. and this

State Plan to grow, handle, cultivate, or process hemp. Permitted Farmers, Permitted Handlers,

and Permitted Processors are all Permittees.

26. “Processing” means converting an agricultural commodity into a marketable form.

27. “Produce,” when used as a verb, is a common agricultural term that is often used synonymously

with “grow” and means to propagate plants for market, or for cultivation for market, in the

United States. In the context of this part, “produce” refers to the propagation of cannabis to

produce hemp. In this State Plan “cultivate” and “farm” when used to refer to the propagation

of cannabis to produce hemp shall have the same meaning as produce. The 2018 Farm Bill

mandates that USDA maintain a real-time informational database that identifies registered

hemp production sites, whether under a State, tribal, or USDA plan, for the purposes of

compliance and tracking with law enforcement. AMS will maintain this system with the

information collection assistance of FSA. In order to maintain consistency and uniformity of

hemp production locations, USDA is recommending that FSA collect this information through

their crop acreage reporting system. In this context, a common use of the term “producer” is

essential to maintaining a substantive database. For this reason, the definition of “producer”

incorporates the FSA definition of “producer” with the additional qualifier that the producer is

permitted or authorized to produce hemp under the Hemp Program.

a. “State Plan” means the plan submitted by the Department and approved by the

Secretary of the U.S. Department of Agriculture under which the Department regulates

hemp production

28. “Store” is part of the term “handle” as defined above and means to deposit hemp plants or

hemp plant product in a storehouse, warehouse or other identified location by a producer for

safekeeping prior to delivery to a permitted recipient for further processing.

29. “THC” means tetrahydrocannabinol or Delta-9 tetrahydrocannabinol. THC is the primary

intoxicating component of cannabis. Notwithstanding any other provision of the law, the THC

that is found in hemp shall not be considered to be THC in qualifying as a controlled substance.

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SECTION 4. PERMITTING AND FEES

1. Each hemp farmer, processor, or handler shall obtain a permit from SCDA prior to engaging in

the regulated activity.

2. No Permittee shall allow any unpermitted person who is not an employee of that Permittee to

grow, cultivate, handle, store, process, or transport hemp under his or her Permit.

3. Each Permittee shall be assigned a permit number in the form prescribed by USDA.

4. Permits must be renewed annually.

5. A person applying for multiple permits must complete a permit application and submit the

associated fee for each application.

6. Fees

a. The annual fee for a Hemp Farmer Permit shall be $1,000.

b. The annual fee for Hemp Processor Permit shall be $3,000.

c. The annual fee for Hemp Handler Permit shall be up to $1,000.

7. Any persons who materially falsify any information in their application shall be deemed

ineligible to participate in the Hemp Farming Program.

8. New permit fees are due upon notification of application approval. No permit shall be issued

until payment of the permit fee is received by SCDA.

SECTION 5. HEMP FARMER	PERMIT

1. No person shall grow hemp without first applying for and receiving a Hemp Farmer Permit from

SCDA.

2. A Hemp Farmer Permit issued by SCDA shall authorize the Permittee to obtain hemp seed,

possess hemp seed for planting, cultivate a hemp crop, harvest hemp plant parts, as well as

possess, store, handle, transport, and market plant parts pursuant to this State Plan. A Hemp

Farmer Permit does not authorize the Permittee to process hemp.

3. No person under the age of 18 shall be granted a Hemp Farmer Permit under this State Plan.

4. No person shall be eligible to obtain a Hemp Farmer Permit if the applicant:

a. was convicted of a State or Federal felony related to a controlled substance within the

ten years immediately preceding the criminal records report date, which must not be

completed more than 60 days before the submission of the application, provided

however, that an exception applies to a person who was lawfully growing Hemp under

the 2014 Farm Bill before December 20, 2018, and whose Conviction also occurred

before that date. If the applicant is an entity all Key Participants of the entity are subject

to this requirement;

b. fails to provide all application requirements and documentation; or

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c. materially falsifies any information contained in the application.

5. To be eligible to obtain a Hemp Farming Permit, each applicant, at a minimum, must submit the

following with prospective Farmer’s application:

a. The full legal name of the applicant;

b. The physical address of the applicant;

c. The mailing address of the applicant;

d. The email address of the applicant;

e. The phone number of the applicant;

f. fingerprints, and the appropriate fees, required by the South Carolina Law Enforcement

Division (SLED) to perform a fingerprint-based state criminal records check and for the

Federal Bureau of Investigation to perform a national fingerprint-based criminal records

check; and

g. each Growing Location: 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.

6. For applicants and Key Participants, the Department shall require a state criminal records check,

supported by fingerprints, by SLED and a national criminal records check, supported by

fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks

must be reported to the Department. SLED is authorized to retain the fingerprints for

certification purposes and for notification of the Department regarding criminal charges. No

person shall be eligible to obtain a permit if the applicant was convicted of a State or Federal

felony related to a controlled substance within the ten years immediately preceding the criminal

records report date, which must not be completed more than 60 days before the submission of

the application, and who does not meet the felon ban exception set forth above.

SECTION 6. HEMP PROCESSOR	PERMIT

1. No person shall process hemp plant parts without first applying for and receiving a Hemp

Processor Permit from SCDA.

2. A Hemp Processor Permit issued by SCDA shall authorize the Permittee to possess hemp plant

parts, convert hemp plant parts to a Hemp Product, as well as possess, store, handle, transport,

and market plant parts pursuant to this State Plan. A Hemp Processor Permit does not authorize

the Permittee to cultivate hemp.

3. No person under the age of 18 shall be granted a Hemp Processor Permit under this State Plan.

4. No person shall be eligible to obtain a Hemp Processor Permit if the applicant:

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a. was convicted of a State or Federal felony related to a controlled substance within the

ten years immediately preceding the criminal records report date, which must not be

completed more than 60 days before the submission of the application, provided

however, that an exception applies to a person who was lawfully growing Hemp under

the 2014 Farm Bill before December 20, 2018, and whose Conviction also occurred

before that date. If the applicant is an entity all Key Participants of the entity are subject

to this requirement;

b. fails to provide all application requirements and documentation; or

c. materially falsifies any information contained in the application.

5. To be eligible to obtain a Hemp Processor Permit, each applicant, at a minimum, must submit

the following with prospective Processor’s application:

a. The full legal name of the applicant;

b. The physical address of the applicant;

c. The mailing address of the applicant;

d. The email address of the applicant;

e. The phone number of the applicant; and

f. fingerprints, and the appropriate fees, required by the South Carolina Law Enforcement

Division (SLED) to perform a fingerprint-based state criminal records check and for the

Federal Bureau of Investigation to perform a national fingerprint-based criminal records

check.

6. For applicants and Key Participants, where applicable, the Department shall require a state

criminal records check, supported by fingerprints, by SLED and a national criminal records check,

supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal

records checks must be reported to the Department. SLED is authorized to retain the

fingerprints for certification purposes and for notification of the Department regarding criminal

charges. No person shall be eligible to obtain a permit if the applicant was convicted of a State

or Federal felony related to a controlled substance within the ten years immediately preceding

the criminal records report date, which must not be completed more than 60 days before the

submission of the application, and who does not meet the felon ban exception set forth above.

SECTION 7. HEMP HANDLER	PERMIT

1. No person shall handle hemp plant parts without first applying for and receiving a Hemp

Handler Permit from SCDA. Notwithstanding the forgoing, Permitted Hemp Farmers and

Permitted Hemp Processors may handle hemp plant parts without possessing a Hemp Handler

Permit. A Hemp Handler Permit does not authorize the Permittee to cultivate or process hemp.

2. No person under the age of 18 shall be granted a Hemp Handler Permit under this State Plan.

3. No person shall be eligible to obtain a Hemp Handler Permit if the applicant:

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a. was convicted of a State or Federal felony related to a controlled substance within the

ten years immediately preceding the criminal records report date, which must not be

completed more than 60 days before the submission of the application, provided

however, that an exception applies to a person who was lawfully growing Hemp under

the 2014 Farm Bill before December 20, 2018, and whose Conviction also occurred

before that date. If the applicant is an entity all Key Participants of the entity are subject

to this requirement;

b. fails to provide all application requirements and documentation; or

c. materially falsifies any information contained in the application.

4. To be eligible to handle hemp in this state, each applicant, at a minimum, must submit the

following with prospective Handler’s application:

a. The full legal name of the applicant;

b. The physical address of the applicant;

c. The mailing address of the applicant;

d. The email address of the applicant;

e. The phone number of the applicant; and

f. fingerprints, and the appropriate fees, required by the South Carolina Law Enforcement

Division (SLED) to perform a fingerprint-based state criminal records check and for the

Federal Bureau of Investigation to perform a national fingerprint-based criminal records

check.

5. For applicants and Key Participants, where applicable, the Department shall require a state

criminal records check, supported by fingerprints, by SLED and a national criminal records check,

supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal

records checks must be reported to the Department. SLED is authorized to retain the

fingerprints for certification purposes and for notification of the Department regarding criminal

charges. No person shall be eligible to obtain a permit if the applicant was convicted of a State

or Federal felony related to a controlled substance within the ten years immediately preceding

the criminal records report date, which must not be completed more than 60 days before the

submission of the application, and who does not meet the felon ban exception set forth above.

SECTION 8. PRODUCER	AND LAND INFORMATION TO	USDA

1. USDA requires that the Department collect, maintain and report to USDA contact and real-time

information for each hemp producer1 licensed or authorized in the state regarding:

a. Contact information including at minimum the full name of the individual, permit or

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

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

under this part. South Carolina’s analogous term is "Hemp Farmer" or " Permitted Hemp Farmer."

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available). If the producer is a business entity, the information must include the full

name of the business, address of the principal business location, full name and title of

the Key Participants, an email address if available, and EIN number of the business

entity.

b. A legal description of the land on which the producer will produce hemp in the State or

territory of the Indian Tribe including, to the extent practicable, its geospatial location;

and

c. The status and number of the producer's license or authorization.

2. To comply with this, the Department requires the following:

a. The Department requires that prospective Hemp Farmers first apply for a permit with

the Department using the Department’s online database program. This program will

allow the Department to transmit information regarding its Permittees to USDA upon

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

report which includes all contact information, legal description of all land on which

Permitted Farmers are authorized to produce hemp, and the status of each Permitted

Farmers’ Permit.

b. The Department shall include the following contact information in the report referenced

in the paragraph above:

i. For each prospective Hemp Farmer who is an individual and is permitted or

authorized by the Department, the report shall include the full name of the

individual, permit or authorization identifier, business or farm address,

telephone number, and email address, if the email address is available.

ii. For each new Hemp Farmer that is an entity2 and is permitted or authorized by

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

business location address, license or authorization identifier, EIN number of the

business entity 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.

c. The Department requires each prospective Hemp Farmer 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.

d. The Department, through its online database program, will have the capability to submit

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

provide to USDA, by the first of each month, a report which includes all contact

2 At the time of submission of this Plan, the Department does not offer Farmer Permits to entities any only permits individuals. The

Department anticipates that in future growing years, it will open the Farmer Permits to entities, and in that event the provisions set

forth in this section will apply.

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information for Permitted Farmers, legal description of all land on which Permitted

Farmers are authorized to produce hemp, and the status of each Permitted Farmers’

Permit.

e. The Department shall utilize the Hemp Producer Report on forms supplied by the

Department to meet this requirement.

SECTION 9. ACCURATE AND EFFECTIVE SAMPLING

1. USDA requires that this State Plan must include a procedure for accurate and effective sampling

of all hemp produced, to include the following requirements:

a. Within thirty (30) days prior to the anticipated harvest of cannabis plants, a Federal,

State, local, or Tribal law enforcement agency or other Federal, State, or Tribal

designated person shall collect samples from the flower material from such cannabis

plants for delta-9 tetrahydrocannabinol concentration level testing.

b. The method used for sampling from the flower material of the cannabis plant must be

sufficient at a confidence level of 95 percent that no more than one percent (1%) of the

plants in the lot would exceed the acceptable hemp THC level. The method used for

sampling must ensure that a representative sample is collected that represents a

homogeneous composition of the lot.

c. During a scheduled sample collection, the producer or an authorized representative of

the producer shall be present at the growing site.

d. Representatives of the sampling agency shall be provided with complete and

unrestricted access during business hours 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 producer license.

e. A producer shall not harvest the cannabis crop prior to samples being taken.

2. To comply with this, the Department requires the following:

a. Hemp Farmers must comply with the Department’s sampling procedures which mirror

the Standard Sampling Method set forth in the “Sampling Guidelines for Hemp U.S.

Domestic Hemp Production Program” document issued January 15, 2021 by USDA and

attached to this State Plan as Appendix 1.

b. All hemp producers are subject to annual inspection and sampling conducted by the

Department to verify that plants do not exceed acceptable federally defined THC level

for hemp.

c. 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

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hemp and other cannabis plants; and all growing locations on record for the Permitted

Hemp Farmer’s permit.

d. The Department’s inspectors or an authorized agent shall collect a minimum of two

samples from each variety planted per growing location during the growing season and

before harvest to ensure compliance with the federally defined THC level for hemp. The

number of samples collected from each variety shall be determined using the formula

set forth in the “Sampling Guidelines for Hemp U.S. Domestic Hemp Production

Program” document issued January 15, 2021 by USDA and attached to this State Plan as

Appendix 1, but in no event shall be less than two samples from each variety.

e. In addition to the annual inspection and sampling referenced in this Section, above, the

Commissioner or his authorized agent(s) shall have access, during normal working

hours, to any premises where there is reason to believe that hemp plants or plant parts

are transported, produced, cultivated, and/or stored for the purpose of inspection,

investigation, and/or collection of samples for testing. The Commissioner or his

authorized agent(s) may inspect any hemp seed, plant, or plant parts located on the

premises. SCDA shall not charge a testing fee for samples collected pursuant to an

investigation initiated by SCDA.

f. SCDA will also conduct annual inspections of a random sample of Permittees to verify

that hemp is not being produced in violation of this State Plan.

g. If a hemp producer voluntarily surrenders any permit, the Department may exercise its

discretion to inspect and sample any permitted area during normal business hours

without advance notice prior to accepting the surrender.

h. The Department may require the Permitted Farmer or the Permitted Farmer’s

authorized representative to be present during an inspection to provide the

Department’s inspector with complete and unrestricted access during business hours to

all hemp and/or cannabis plants, parts and seeds within a permitted area whether

growing or harvested, and all land, buildings and other structures used for the

cultivation and storage of hemp. During a scheduled sample collection, the Permitted

Farmer or the Permitted Farmer’s authorized representative shall be present at the

growing site.

i. The Department may require access to and copies of all documents and records

pertaining to the Hemp Farmer’s business at any time. Such records shall be promptly

produced, ample time for review shall be provided, and copies may be made during

time of inspection.

j. Individual samples of each variety of hemp may be sampled from the permitted area at

the Department’s discretion.

k. The method used for sampling from the flower material of the cannabis plant must be

sufficient at a confidence level of 95 percent that no more than one percent (1%) of the

plants in the lot would exceed the federally defined THC level for hemp. The method

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used for sampling must ensure that a representative sample is collected that represents

a homogeneous composition of the lot.

l. The Department or an authorized agent shall collect samples from the flower material

within thirty (30) days prior to the anticipated harvest of cannabis plants. The Permitted

Farmer must notify the Department of its intended harvest date at least thirty days in

advance. This window provides the Department's inspectors the time needed to visit the

growing location to collect the samples

m. A Hemp Farmer shall not harvest the hemp crop prior to samples being taken from the

area intended to be harvested.

n. Samples of hemp plant material from different lots shall not be commingled with hemp

plant material from other lots.

o. The Department shall take samples from each field, greenhouse, building, or site where

hemp is being cultivated by the Permittee. The samples shall consist of cuttings from at

least two hemp plants per growing location and per variety. The hemp plants selected

for sampling shall be determined by the Department and not the Hemp Farmer.

p. For the annual sampling to occur prior to harvest referenced in this Section, the

Department may charge a sampling fee not to exceed $100 per sample collected, plus

the actual cost of shipping and handling.

SECTION 10. ACCURATE AND EFFECTIVE TESTING

1. USDA requires that this State Plan must include a procedure for testing that is able to accurately

identify whether the sample contains a delta-9 tetrahydrocannabinol content concentration

level that exceeds the acceptable hemp THC level, to include the following:

a. Laboratories conducting hemp testing must be DEA-registered as conducting these tests

could potentially require handling of material (cannabis) above the 0.3% concentration

of THC (dry weight basis) thus constituting marijuana as defined in 7 USC § 1639o(1), a

Schedule I controlled substance. Notwithstanding the forgoing, because there are an

insufficient number of DEA-registered laboratories to test all the anticipated hemp that

will be produced in 2020 and possibly 2021, DEA has agreed to extend the enforcement

flexibility allowing non-DEA registered labs to test hemp until January 1, 2022 and is

processing lab registration applications quickly to get more labs testing hemp DEAregistered. Therefore, laborites that are not DEA- registered may be used until January

1, 2022.

b. Test procedures must utilize validated post-decarboxylation or similarly reliable

analytical methodology that provides total THC concentrations accounting for the

conversion of delta-9-tetrahydrocannabinolic acid (THCA) into THC.

c. Testing methodologies meeting the requirements of this Section 10.1 include, but are

not limited to, gas or liquid chromatography with detection. The total THC

concentration level shall be determined and reported on a dry weight basis.

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d. Selection of methodology for the purpose of determining concentrations of total THC

should consider guidance provided in the AOAC Standard Method Performance

Requirements (Appendix F, AOAC Official Methods of Analysis). For this State Plan,

methodology shall meet the following criteria:

i. The validity and reliability of test results must be demonstrated through

evidence of a laboratory quality assurance program or laboratory accreditation,

including that meeting ANSI/ISO 17025:2017;

ii. Analytical method selection, validation, and verification must ensure that the

testing method used is appropriate (fit for purpose), and that the laboratory can

successfully perform the testing;

iii. The demonstration of testing validity must ensure consistent, accurate

analytical performance;

iv. Method performance specifications must ensure analytical tests are sufficiently

sensitive and selective for the purposes of the detectability requirements of this

part; and

v. Measurement of uncertainty (MU) must be estimated and reported with test

results. Laboratories shall use appropriate, validated methods and procedures

for all testing activities and evaluate measurement of uncertainty in accordance

with Joint Committee for Guides in Metrology 100:800, Evaluation of

measurement Data – Guide to the Expression of Uncertainty in Measurement

and NIST Technical Note 1297: Guidelines for Evaluating and Expressing the

Uncertainty of NIST Measurement Results.

2. Any test of a representative sample resulting in higher than the acceptable hemp THC level shall

be conclusive evidence that the lot represented by the sample is not in compliance with this

part. Lots tested and not certified by the DEA-registered laboratory at or below the acceptable

hemp THC level may not be further handled, processed or enter the stream of commerce and

the producer shall ensure the lot is disposed of in accordance with the federal guidelines set

forth by USDA in § 990.27 of its Final Rule.

3. To comply with this, the Department requires the following:

a. Quantitative determination of THC levels measured gas or liquid chromatography with

detection.

b. The testing methodology shall consider the potential conversion of THC-A in hemp into

THC and the test result shall measure the total available THC derived from the sum of

the THC and THC-A content. Appropriately, the THC-A result will be modified by the

molecular weight conversion factor 0.877 prior to summation with THC. The total THC

concentration level shall be reported on a dry weight basis.

c. Analytical testing for purposes of detecting the concentration levels of THC shall meet

the following standards:

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i. Laboratory must be DEA registered, subject to the exception set forth above in

Section 10.1.a;

ii. laboratory quality assurance must ensure the validity and reliability of test

results;

iii. analytical method selection, validation, and verification must ensure that the

testing method used is appropriate (fit for purpose), and that the laboratory can

successfully perform the testing;

iv. the demonstration of testing validity must ensure consistent, accurate analytical

performance;

v. method performance specifications must ensure analytical tests are sufficiently

sensitive for the purposes of detectability requirements of this Section;

vi. an effective disposal procedure in accordance with DEA regulations for samples

of hemp plants and hemp plant parts that do not meet the requirements

federally defined THC level for hemp or this Section; and

vii. the measurement of uncertainty shall be estimated and reported with the

results.

d. The results of the THC analysis shall be reported to the Permittee and, if tested by an

approved third-party laboratory, to the Department.

e. Samples with a THC concentration that do not exceed the acceptable hemp THC level

shall be issued a certificate of analysis and require no further action. The lot or

harvested plant material from which the sample was obtained shall be released for

marketing or further processing.

f. Samples that exceed the acceptable hemp THC level shall be reported by the

Department to the Permittee and the Permittee may request a resample and retest of

the lot or harvested plant material. If no request is made within 10 days of the sample

results being reported to the Permittee, then the lot or harvested plant material from

which the sample was taken shall be subject to disposal and destruction as set forth in

Section 11 below.

g. No hemp plants or plant parts for which a THC analysis is pending shall be transferred,

transported, sold, marketed, or otherwise disposed of until approved by the

Department.

h. The Permittee shall be responsible for all sample testing fees.

SECTION 11. DISPOSAL PROCEDURES

1. USDA requires that this State Plan must include an effective disposal procedure for hemp plants

that are produced under this State Plan and that do not meet the requirements set forth by

USDA and set forth within this State Plan. USDA producers are required to follow procedures for

ensuring effective disposal of cannabis plants produced in violation of this rule.

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2. To comply with this, the Department requires the following: All hemp plants and plant material

resulting from a lot or harvested plant material represented by a sample with a THC

concentration greater than the Federally defined THC level for hemp shall be disposed of in

accordance with the on-farm disposal options described herein and prohibited from being

further handled, processed, or entering the stream of commerce.

a. All Permitted Hemp Farmers must submit, and the Department must approve a

destruction plan prior to destruction.

b. Permitted Hemp Farmers notified they have produced cannabis plants exceeding the

acceptable hemp THC level must arrange for either disposal or remediation of the lot

represented by the sample.

c. Disposal methods must be in accordance with the procedures as specified above and

described in the “Remediation and Disposal Guidelines for Hemp Growing Facilities U.S.

Domestic Hemp Production Program” document issued January 15, 2021 by USDA and

attached to this State Plan as Appendix 2.

d. Remediation activities include disposing of flower materials and salvaging the remainder

of the plant or blending the entire plant into biomass plant material. Through both

forms of remediation, producers may be able to minimize losses, and in some cases

produce a return on investment while ensuring that non-compliant material does not

enter commerce. If a Permitted Hemp Farmer elects to perform remediation activities

as allowable under this State Plan's provisions (referenced above), an additional

sampling and testing of the post-remediated crop must occur to determine THC

concentration levels. Only those successfully remediated crops, meaning crops that test

at or below Federally defined THC level for hemp, will be allowed to enter the stream of

commerce, and all other remaining non-compliant crops must then be disposed.

e. No destruction may occur unless Department personnel are present to witness the

destruction unless otherwise set forth by an exception in writing by the Department.

f. Permitted Hemp Farmers must document the disposal or remediation of all noncompliant cannabis. This can be accomplished by providing USDA with a copy of the

documentation of disposal or remediation using the reporting requirements established

by USDA. These reports must be submitted to USDA following the completion of the

disposal or remediation process.

g. All hemp plants and plant materials produced in violation of this State Plan may be

subject to destruction as set forth in this Section.

SECTION 12. USDA	REPORTING AND RECORDKEEPING	

1. USDA requires that this State Plan must include a procedure for the prompt notification of the

AMS Administrator by certified mail or electronically of any occurrence of cannabis plants or

plant material that do not meet the definition of hemp set forth by USDA and in this State Plan

and attach the records demonstrating the appropriate disposal of all of those plants and

materials in the lot from which the representative samples were taken.

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2. To comply with this, the Department requires the following:

a. SCDA shall submit to USDA a report notifying USDA of any occurrence hemp plants or

plant material that exceed the Federally defined THC level for hemp by the first of each

month. If the first of the month falls on a weekend or holiday, the report is due by the

first business day following the due date. The report shall be submitted using a digital

format compatible with USDA’s information sharing systems, whenever possible. If

digital transmission is used, the report will be sent by certified mail. The report shall

contain the following information:

i. The name and address of the Permitted Hemp Farmer;

ii. Permit number;

iii. Location information, such as lot number, location type, and GPS or other

location descriptor for the production area subject disposal;

iv. Information on the agent handling the disposal; Disposal completion date;

v. Total acreage;

vi. Laboratory test results;

vii. Business address of Permittee;

viii. Lot identification number for the sample;

ix. Name and DEA registration number of laboratory;

x. Date of test and report;

xi. Identification of retest, if applicable; and

xii. Test result.

b. SCDA shall submit an annual Report to USDA, using a digital format compatible with

USDA’s information sharing systems, whenever possible, by the end of the year and the

report shall contain the following information:

i. Total planted acreage;

ii. Total harvested acreage;

iii. Total acreage disposed.

3. Records

a. All Permittees shall maintain, at a minimum, the following records, where applicable:

i. For Permitted Hemp Farmers, all records for crop production and crop

destruction;

ii. Documentation of any sales or distribution, including the party to which all

product was sold or distributed;

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iii. For Permitted Hemp Farmers, documentation of traceability from seed

acquisition to harvest or crop termination; and

iv. For Permitted Hemp Processors, documentation of hemp acquisition from

grower to their final product.

v. For Permitted Hemp Handlers transporting or delivering hemp including, but not

limited to, contract carriers, shall have a dated invoice, bill of lading, or manifest

in his or her possession during the entire time of transport or delivery, which

shall include:

1. The seller’s and purchaser’s name and address;

2. The specific origin and destination of the hemp being transported; and

3. The quantity of hemp being transported.

b. All records required under this Section shall be maintained by the Permittee while the

permit is valid and for a minimum of 3 years after the expiration of the permit. Because

this State Plan allows Permitted Hemp Farmers to remediate plants, the Final Rule also

requires producers to maintain records on all remediated cannabis plants.

c. Required records shall be provided for inspection within 48 hours upon request by

SCDA.

SECTION 13. REQUIREMENTS FOR	PERMITTED HEMP FARMERS

1. Permitted Hemp Farmers may not cultivate or store hemp or hemp plant parts unless the

location where the hemp is to be cultivated or stored is on record prior to hemp being brought

on site. In the Hemp Farmer Application, the Farmer will provide for each Growing Location the

following: 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.

2. Permitted Hemp Farmers alter the approved Growing Location(s) and/or storage areas set forth

in the application if:

a. At least 14 days prior to the proposed modification, the hemp producer shall:

b. Submit a Site Modification Request on forms provided by the Department, which

includes, at minimum: 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.

c. Pay a site modification fee of $150. The fee shall not apply to storage-only sites, but the

Department must approve such storage sites prior to use. In the event the site

modification is not approved, this fee will be refunded.

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3. Permitted Hemp Farmers shall report hemp crop acreage or square footage to the USDA Farm

Service Agency and shall provide, at a minimum, the following information:

a. Street address and, to the extent practicable, GPS location for each field, greenhouse, or

indoor growing structure where hemp will be cultivated;

b. Acreage or square footage for each field, greenhouse, or indoor growing structure

dedicated to the cultivation of hemp; and

c. SCDA Hemp Farmer Permit number.

4. Permitted Hemp Farmers shall post a sign at each field, greenhouse, or indoor growing

structure. The sign shall comply with the following requirements and remain posted during the

entire crop cycle:

a. It shall include the following:

i. The designation, “South Carolina Hemp Farming Program”;

ii. The Hemp Farmer’s Permit number; and

iii. SCDA Hemp Farming Program’s telephone number.

b. Minimum sign size shall be 18” x 24” for a field and 8.5” x 11” for a greenhouse or

indoor growing structure;

c. The sign shall be posted at each field, greenhouse, or indoor growing structure; and

d. The sign shall be printed and conform to the design template provided to each

Permitted Hemp Farmer by SCDA.

5. Permitted Hemp Farmers shall submit in writing a completed planting report on forms provided

by the Department for each field, greenhouse, or indoor growing structure within 15 days

commencing after the first day of the planting of hemp. The completed planting report shall

include, but not limited to, the Permittee’s USDA Farm Service Agency site identification

number.

a. Permitted Hemp Farmers shall submit in writing a completed planting report to SCDA

for each greenhouse or indoor growing structure by March 31, June 30, September 30,

and December 31 of each year after the initial planting.

b. If a field or other outdoor growing location on record with SCDA is not planted by July

31, Permitted Hemp Farmers shall submit in writing a completed “No Plant” report on

forms provided by the Department.

6. Permitted Hemp Farmers submit in writing a completed Harvest/Destruction report to SCDA

prior to the intended harvest date or intended destruction date of a failed crop.

7. A Permitted Hemp Farmer who fails to timely submit a Harvest/Destruction Report or who

harvests a crop prior to a sample being collected by SCDA may be subject to crop destruction

and regulatory action up to and including permit suspension or revocation.

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8. Permitted Hemp Farmers shall monitor and destroy volunteer hemp plants from the Permittee’s

cultivation for a period of three years after cultivation ends.

SECTION 14. LAND USE RESTRICTIONS

1. A Permitted Hemp Farmer shall not grow, handle, store hemp in any structure that is used for

residential or retail purposes.

2. A Permitted Hemp Farmer or Processor shall not grow, handle, process or store hemp in any

outdoor field or site that is located within 1,000 feet of a school, daycare, park or similar public

areas frequented by children as determined by SCDA.

3. An applicant may not apply for a permit to grow, cultivate, handle, or process hemp on property

that is not owned or leased by that applicant.

SECTION 15. RESTRICTIONS ON SALE OR	TRANSFER

1. A Permittee shall not sell or transfer or permit the sale or transfer of living hemp plants, viable

plant parts, or non-sterilized (viable) seeds to any person in the state who does not hold a Hemp

Farming Permit issued by SCDA.

2. Notwithstanding the forgoing, Permittees may transfer up to one pound of hemp plants or plant

part or two pounds of non-sterilized, viable seed per transfer to testing laboratories, both within

and outside the state for the purpose of measuring THC, CBD, or other phytocannabinoid profile

levels.

3. When transferring outside of the state, it is the responsibility of the Permittee to ensure

compliance with laws in other states.

4. A Permittee shall not store or cultivate live hemp plants or propagating stock at any location

that was not previously approved by SCDA on that Permittee’s application and/or site

modification request on forms provided by the Department

SECTION 16. PROHIBITIONS	

1. No person shall:

a. Sell, offer for sale, expose, distribute or transport hemp or hemp seed not produced in

accordance with the provisions of this State Plan;

b. Fail to comply with sample collection, and testing requirements prior to harvesting or

destroying any hemp plants or plant parts in accordance with this State Plan;

c. Detach, alter, deface, or destroy any required documentation specified in this State

Plan;

d. Alter, substitute, or misrepresent seed in a manner inconsistent with this Sate Plan;

e. Hinder or obstruct in any way any authorized agent(s) of SCDA in the performance of

their duties;

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f. Fail to comply with all permitting and reporting requirements set forth in the South

Carolina Hemp Farming Act S.C. Code Ann. § 46-55-10 et seq. or this State Plan;

g. Fail to keep required records as set forth in this State Plan or to provide such records to

SCDA for inspection upon request;

h. Fail to monitor and/or destroy volunteer hemp plants for three years following

cultivation as set forth in this State Plan;

i. Provide false, misleading, or incorrect information to SCDA pertaining to the cultivation,

processing, storage or transportation of hemp including, but not limited to, information

provided in any application, report, record, or inspection required or maintained in

accordance with the South Carolina Hemp Farming Act S.C. Code Ann. § 46-55-10 et seq.

or this State Plan;

j. Plant, grow, store, transfer, or process hemp on any site not on record with the SCDA as

set forth in this State Plan;

k. Sell or transfer, or permit the sale or transfer of living hemp plants or plant parts to any

person in the state who does not hold a Hemp Farming Permit issued by SCDA; or

l. Commingle harvested hemp plant parts from one lot with harvested hemp plant parts

from another lot.

SECTION 17. ENFORCEMENT

1. Adjudicatory Proceedings; Violations

a. The Commissioner may suspend or revoke any permit issued under the provisions of the

South Carolina Hemp Farming Act S.C. Code Ann. § 46-55-10 et seq. or this State Plan.

b. Whenever the Commissioner has reason to believe that a Permittee has violated any

provision of the South Carolina Hemp Farming Act S.C. Code Ann. § 46-55-10 et seq. or

this State Plan, the Commissioner shall notify the Permittee of the alleged violation as

well as an opportunity to respond thereto, by certified mail, prior to any scheduled

hearing date.

c. Each separate day on which any violation occurs may be considered a separate

violation.

d. No penalty may be assessed, nor may any permit be suspended or revoked by the

Commissioner prior to the holding of an adjudicatory hearing before the commissioner.

e. Such adjudicatory hearing shall be conducted in accordance with the requirements of

the South Carolina Administrative Procedure Act; any person alleged to have violated

any provision of the South Carolina Hemp Farming Act S.C. Code Ann. § 46-55-10 et seq.

or this State Plan, shall be accorded all rights and privileges under said Act.

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f. The Department shall make an initial determination on alleged violations and

recommend findings of fact and conclusions of law together with penalties, if applicable,

in writing.

g. The Commissioner shall make the final determination on the disposition of alleged

violations. If the Commissioner does not accept the recommendations of the

Department following an adjudicatory proceeding, the Commissioner shall notify the

Department, in writing, of the reasons for not accepting the Department’s

recommendations.

h. Reinstatement of a revoked permit shall be by hearing before the Department and

approval of the Commissioner.

2. Appeals

a. An applicant for a hemp permit may appeal a permit denial to the South Carolina

Commissioner of Agriculture or his or her designee. Permittees may appeal denials of

permit renewals, permit suspensions, or permit revocations. All appeals must be

submitted in writing and received within thirty days of the denial, suspension, or

revocation. This submission deadline should provide adequate time to prepare the

necessary information required to formulate the appeal. An appeal must explain the

reasoning behind the appeal, e.g. why the Department's decision is not justified or is

improper. The appeal should include any additional information or documentation the

Permittee believes the Department should consider when reviewing its decision. The

Department will take into account the Permittee’s justification for why the permit

should not be denied, suspended, or revoked, and then issue a final determination.

Determinations made by the Department under the appeals process will be final.

3. Corrective Action Plan for Negligent Violations and Mandatory Reporting

a. In addition to being subject to permit suspension, permit revocation, and civil penalties,

a person who is found by SCDA to have negligently committed the following violations

may be subject to a corrective action plan:

i. Failing to provide a legal description of the field, greenhouse, indoor growing

structure, or site where hemp will be cultivated, handled, or stored prior to

bringing hemp or hemp parts onto said field, greenhouse, indoor growing

structure, or site;

ii. Failing to obtain a Farmer, Processor, or Handler Permit from SCDA prior to

engaging in the respective restricted activity; or

iii. Producing hemp exceeding the acceptable hemp THC level. Notwithstanding the

forgoing, a person that has made reasonable efforts to grow hemp and

produces hemp of containing at or less than one (1) percent THC on a dry

weight basis shall not be deemed to have committed a negligent violation.

b. A corrective action plan issued by SCDA shall include the following information:

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i. A reasonable date by which the person shall correct the negligent violation; and

ii. A requirement that the person shall periodically report to SCDA about the

person’s compliance with the corrective action plan, the South Carolina Hemp

Farming Act S.C. Code Ann. § 46-55-10 et seq., and this State Plan for a period of

at least two years from the date of the negligent violation.

iii. SCDA shall conduct periodic inspections to determine if the corrective action

plan has been implemented as submitted.

iv. A person who is found by SCDA to have negligently violated the South Carolina

Hemp Farming Act S.C. Code Ann. § 46-55-10 et seq. or this State Plan three

times in a five-year period shall be ineligible to hold a hemp farming, processor,

or handler permit for a period of five years beginning on the date of the third

violation. Notwithstanding the forgoing, a person shall not be subject to more

than one negligent violation per calendar year.

v. A person that has negligently violated the South Carolina Hemp Farming Act S.C.

Code Ann. § 46-55-10 et seq. or this State Plan shall not be reported to local,

state, or federal government authorities for criminal enforcement action.

However, notwithstanding the forgoing, SCDA has an obligation to respond fully

and accurately to any independent requests for information that SCDA receives

from local, state, or federal government authorities.

4. If the Commissioner determines that a Permittee has willfully violated state law with a culpable

mental state greater than negligence, the Commissioner shall immediately report

5. A person believed to be in violation of the South Carolina Hemp Farming Act S.C. Code Ann. §

46-55-10 et seq. or this State Plan may be issued a written or verbal stop order by SCDA. Stop

orders shall be effective immediately upon notification to the alleged violator.

a. If an alleged violator refuses to accept a written stop order when tendered or refuses or

fails to claim such stop order when sent by certified mail, the stop order shall be

deemed to have been delivered to the alleged violator.

b. Refusal or failure to abide by the terms of a stop order shall constitute a willful violation

of this State Plan.

SECTION 18. FUNDING

The Department has sufficient resources and personnel to carry out this Plan.

The Department is authorized by the South Carolina Hemp Farming Act S.C. Code Ann. § 46-55-10 et

seq. to charge application, permit, and renewal of permit fees reasonably calculated by the Department

to pay the cost of administering the South Carolina Hemp Program. As set forth in South Carolina Hemp

Farming Act S.C. Code Ann. § 46-55-10 et seq., monies from fees collected under the Hemp Farming

Program shall be continuously appropriated to the Department for purposes of carrying out the duties

of the South Carolina Hemp Farming Program.

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SECTION 19. HEMP PRODUCTS

The enforcement and permitting scheme outlined in the South Carolina Hemp Farming Act S.C. Code

Ann. § 46-55-10 et seq. shall not apply to the possession, handling, transport or sale of hemp products

as defined herein, including those containing hemp-derived cannabinoids, including CBD.

SECTION 20. UNLAWFUL CONDUCT RELATING TO MARIJUANA	IN PROXIMITY TO HEMP;

PENALTIES

An individual who manufactures, distributes, dispenses, delivers, purchases, aids, abets, attempts, or

conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with the intent to

manufacture, distribute, dispense, deliver, or purchase marijuana, in a manner intended to disguise the

marijuana due to its proximity to hemp, does so in violation of the State Plan. Penalties provided for in

this State Plan may be imposed in addition to any other penalties provided by law.

SECTION 21. INTERSTATE COMMERCE

Nothing in this rule prohibits the interstate commerce of hemp. No State or Indian Tribe may prohibit

the transportation or shipment of hemp produced in accordance with this State Plan and with section

2018 Farm Bill through the State or the territory of the Indian Tribe, as applicable.

SECTION 22. SEVERABILITY

This State Plan includes a severability provision. This section provides that if any provision of this State

Plan is found to be invalid, the remainder of the State Plan shall not be affected.

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APPENDIX 1

Sampling Guidelines for Hemp

U.S. Domestic Hemp Production Program

Issued January 15, 2021

PURPOSE:

1. Standard and Performance-based sampling guidelines are specified for field and indoor sampling

of hemp. States and Tribes shall develop their own sampling protocols in accordancewith

§990.3.

2. Samples are taken to obtain specimens for the measurement of total tetrahydrocannabinol

(THC) content, which determine whether the specimens are hemp or marijuana. The

measurements are intended to be representative of the total THC content in a “lot” of hemp

cropacreage as identified by the producer. Hemp producers may not harvest hemp prior to the

hemp being sampled for THC concentration. Testing procedures are provided in a separate

guidance document.

SCOPE:

1. Samples collected under this procedure are acceptable for submission to a qualified testing

laboratory for determination of total THC concentration in hemp. After December 31, 2022, all

laboratories testing hemp under the U.S. Domestic Hemp Production Program must be

registered with the DEA in accordance with §990.3(a)(3)(iii)(H) and §990.25(g)(iii).

2. Since the THC content of hemp generally peaks as the plant ripens, the timing of when sampling

occurs is important to accurately measure total THC concentration and monitor compliance with

the USDA hemp production program. Harvest shall be completed within 30 days from sample

collection.

3. Samples shall be collected only by a trained sampling agent. Sampling agents must be trained

under applicable USDA, State, or Tribal training procedures. States and Tribes must maintain

information, available to producers, about trained sampling agents. Hemp producers may not

act as sampling agents.

4. It is the responsibility of the licensed producer to pay any fees associated with sampling.

5. It is the responsibility of the sampling agent to pay any fees associated with sampling agent

training or testing.

SUMMARY OF	PRACTICE:

1. This practice 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. A trained sampling agent enters a growing area, strategically examines the

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growing area, establishes an approach for navigating the growing area, and collects individual

specimens of plants in order to obtain a representative sample of hemp in the designated lot.

2. Cuttings from each “lot” of hemp crop acreage, as identified by the producer, and submitted to

and uniquely identified by the Farm Service Agency (FSA) per the requirements of the USDA

hemp production program, shall be organized as composite samples. The terminology used by

FSA to denote land areas include terms like “farm,” “tract,” “field,” and “subfield,” which are

equivalent to AMS’s term “lot.” 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. In addition, “lot” refers to the batch of contiguous, homogeneous whole

of a product being sold to a single buyer at a single time. The size of the “Lot” is determined by

the producer in terms of farm location and field acreage and is to be reported as such to the

FSA.

PERFORMANCE-BASED SAMPLING PROTOCOLS:

1. States and Tribes may develop performance-based sampling protocols.

2. Performance-based sampling protocols may consider seed certification processes, other process

that identify varieties that have consistently resulted in compliant hemp plants, whether the

producer is conducting research on hemp at an institution of higher learning or that is funded by

a Federal, State, or Tribal government, whether a producer has consistently produced compliant

hemp plants over an extended period of time, and other similar factors.

3. Performance-based sampling protocols may consider alternative requirements for operations

that grow “immature” cannabis that does not reach the flowering stage. These facilities may

grow seedlings, clones, microgreens, or other non-flowering cannabis, as determined by the

State or Tribe.

4. A performance-based sampling protocol must have the potential to ensure, at a confidence level

of 95 percent, that the cannabis plants will not test above the acceptable hemp THC level of 0.3

percent on a dry weight basis.

5. Regardless of the specific performance-based sampling requirements developed under a State

or Tribal plan, all samples must be collected from the flowering tops of the plant by cutting the

top five to eight inches from the “main stem” (that includes the leaves and flowers), “terminal

bud” (that occurs at the end of a stem), ”or “central cola” (cut stem that could develop into a

bud) of the flowering top of the plant.

6. States and Tribes are required to include performance-based sampling protocols in the plan

submitted to USDA for approval if they decide to use this methodology.

STANDARD SAMPLING PROTOCOLS:

1. The standard sampling method must be used by all producers, except for producers operating

under a State or Tribal plan that includes a performance-based sampling requirement.

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2. The standard sampling protocol ensures, at 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 and ensures

that a collected sample represents a homogeneous composition of the lot.

3. Every lot and every producer must be sampled and tested.

4. All samples must be collected from the flowering tops of the plant by cutting the top five to

eight inches from the “main stem” (that includes the leaves and flowers), “terminal bud” (that

occurs at the end of a stem), ”or “central cola” (cut stem that could develop into a bud) of the

flowering top of the plant.

5. All producers licensed directly by USDA are subject to these requirements.

EQUIPMENT AND SUPPLIES:

1. Garden pruners/shears (Cleaned prior to and following each composite sample. Some examples

of appropriate cleaning agents and supplies to use on garden pruners/shears are bleach,

rubbing alcohol, steel wool, and/or sandpaper.)

2. Sample bags, paper.

a. The size of the bags will depend upon the number of clippings collected per lot.

b. The bags should be made from material known to be free from THC.

3. Security tape

4. Permanent markers

5. Sample collection forms

6. GPS Unit of lot being sampled

7. Disposable gloves – Nitrile

8. Ladder

SAMPLING GUIDELINES:

1. The licensee or designated employee should be present throughout the sampling process, if

possible.

2. Surveillance of the growing area.

a. The sampling agent should estimate the average height, appearance, approximate

density, condition of the plants, and degree of maturity of the inflorescences

(flowers/buds).

b. The sampling agent should visually establish the homogeneity of the stand to establish

that the growing area is of like variety.

3. Time of Sampling:

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a. Within 30 days prior to the anticipated harvest of a designated hemp lot, an approved

sampling agent, State or Tribally designated person or Federal, State, local, or Tribal law

enforcement agency shall collect representative samples from such cannabis plants for

THC concentration level testing.

4. Field Sampling:

a. The licensee or designated employee should accompany the sampling agent throughout

the sampling process, if possible.

5. Surveillance of the growing area.

a. The sampling agent should verify the GPS coordinates of the growing area as compared

with the GPS coordinates submitted by the licensee to USDA.

b. The sampling agent should estimate the average height, appearance, approximate

density, condition of the plants, and degree of maturity of the inflorescences

(flowers/buds).

c. The sampling agent should visually establish the homogeneity of the stand to establish

that the growing area is of like variety.

6. Time of Sampling:

a. Within 30 days prior to the anticipated harvest of a lot a sampling agent should collect

representative samples from such a lot for THC concentration level testing.

7. Field Sampling:

a. For purposes of determining the number of individual plants to select for sampling, the

size of the growing area should be considered. For sampling purposes, samples from

separate lots must be kept separate and not be comingled.

b. For lots of less than one acre, including greenhouses, select a minimum of 1 plant, then

take a cutting from the plant to form a sample. For lots of 1 to 10 acres, including

greenhouses, follow the chart in example 2 below, take cuttings of each plant, then

combine to form a composite sample.

c. For growing areas larger than ten (10) acres, including greenhouses, the number of

plants that should be selected to form a composite sample is based upon the Codex

Alimentarius Recommended Methods of Sampling for the Determination of Pesticide

Residues for Compliance with MRLS CAC/GL 33-1999.

d. The sample size is estimated in a two-step process. The first step is to estimate the

number of primary plants to be sampled. The second step is to adjust the estimate of

primary plants by the acreage under cultivation.

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The initial number of primary plants is estimated using:

where p is the confidence level to detect hemp plants testing above the acceptable THC thresholdand i is

the proportion of hemp plants having THC content above the acceptable threshold. The values for i are

based on past experience in the same or similar growing areas, and should be consistent with the

requirements currently in the Final Rule.

The initial primary plants estimate is adjusted by the number of acres to calculate the minimumnumber

of primary plants as follows:

where n is the minimum number of primary plants to be selected for forming a composite sample, n0 is

the initial number of primary plants estimated using the previous formula, and N isthe number of acres

under cultivation.

Examples 1 and 2 below describe the minimum number of samples that must be collected in order to

meet the 95% confidence level requirements in the Final Rule. If a State or Tribal hempprogram does

not have data from a prior growing season to determine the i value, the sampling charts below may be

utilized. State and Tribal hemp programs are free to include more rigoroussampling requirements, or to

develop performance based requirements.

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Example 1: The initial primary plant sample size is 299 with a confidence level of 95% to detecthemp

plants having an acceptable hemp THC level and a proportion of hemp plants having THCcontent above

the acceptable threshold equal to 0.01 is considered appropriate. The adjusted primary plant sample

sizes for fields from 11 to 173 acres in size are shown in the following table:

14 

15 15 

16 

20 

21 20 

22 21 

23 22 

24 23 

27 25 

28 26 

29 27 

28 

31-32 29 

33 30 

31 

35 32 

33 

34 

35 

41-42 37 

43 

39 

45-46 

41 

48 42 

49-50 

51 

52 

53-54 46 

55 47 

57-58 49 

60-61 51 

52 

63-64 

66-67 55 

68 56 

57 

58 

72-73 

60 

Number 

75-76 

78-79 63 

82 

83-84 66 

87 68 

69 

70 

71 

73 

99 75 

78 

79 

80 

82 

83 

85 

87 

88 

90 

91 

92 

93 

95 

96 

99 

153-154 

155-156 103 

157-157 

105 

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Example 2: The adjusted primary plant sample sizes for fields from less than 1 to 10 acres in sizeare

shown in the following table:

e. Sampling agents should always walk at right angles to the rows of plants if possible,

beginning at one point of the lot and walking towards another point on the opposite

side of the lot. If the lot is too dense for this to be possible, the sampling agent should

take all reasonable steps to ensure that a sample is collected that represents a

homogeneous composition of the lot by avoiding edges and thoroughfares.

f. While walking through the growing area, the sampling agent should cut at least “n”

inflorescences (the flower or bud of a plant) based on the acreage of the growing area ,

at random but convenient distances. Avoid collecting sample specimens from the

borders of the field/greenhouse.

g. The cut should be obtained from the flowering tops of plants when flowering tops are

present, and shall be approximately five to eight inches in length from the “main stem”

(that includes the leaves and flowers), “terminal bud” (that occurs at the end of a stem),

or “central cola” (cut stem that develops into a bud) of the flowering top of the plant.

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h. Utilize paper sample bag(s) for collecting sample cuttings. Ensure that each bag has the

minimum number of cuttings, n, as calculated by 7.4, or in the Example Tables 1 and 2. If

one bag cannot accommodate the minimum number of cuttings due to lot size, the

sample may be divided into multiple bags, but must be clearly labeled in such a way that

each bag is appropriately matched with the corresponding lot. (i.e. For lot 101 with

three corresponding sample bags: 101 1 of 3, 101 2 of 3, 101 3 of 3.)

i. Seal each bag and record the sample number or other documentation as required by the

State or Tribe.

j. A sampling protocol must have the potential to ensure, at a confidence level of 95

percent, that the cannabis plants will not test above the acceptable hemp THC level of

0.3 percent on a dry weight basis.

8. Sample identification:

a. The sampling agent should seal each bag and record the sample identification number.

The sample should also be identified with the following information: Sampling agent

contact information; name and contact information of the producer; producer hemp

license or authorization number; date of sample; and lot, subfield, or other identifier as

provided by the USDA Farm Service Agency; any other information that may be required

by States, Tribes, Law Enforcement Authorities, mail delivery services, Customers or

groups of customers.

Note: In accordance with 7 CFR 1.901(e), the contents of this document does not have the force and

effect of law and are not meant to bind the public in any way, and the document is intended only to

provide clarity to the public regarding existing requirements under the law or agency policies.

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APPENDIX 2

Remediation and Disposal Guidelines for Hemp Growing Facilities

U.S. Domestic Hemp Production Program Issued January 15, 2021

PURPOSE:

1. Standard Remediation and Disposal guidelines are specified for commercial indoor and outdoor

production of hemp as well as the production of hemp for research purposes.

2. Remediation refers to any process by which non-compliant hemp (THC concentration > 0.3%) is

rendered compliant (THC concentration ≤ 0.3%). Remediation can be achieved by separating

and destroying non-compliant flowers while retaining stalks, leaves, and seeds; or by shredding

the entire hemp plant to create a homogenous “biomass” that can be retested for THC

compliance.

3. Disposal means destroying non-compliant hemp or hemp for research purposes using one of the

approved on-farm methods. Approved methods include plowing under, mulching / composting,

disking, bush mowing, deep burial, and burning.

SCOPE:

1. Commercial lots shall be subject to remediation or disposal when a sample tests over the

acceptable hemp THC level according to laboratory results obtained through, USDA approved

State or Tribal sampling and testing protocols or USDA sampling and testing protocols.

2. Commercial lots that test above the acceptable hemp THC level shall be subject to either

remediation or disposal.

3. Samples must be collected by a USDA-approved sampling agent, an approved state agency, or

by a Federal, State, or Tribal law enforcement agent authorized by USDA to collect samples.

4. It is the responsibility of the licensed producer or researcher to pay any fees associated with

resampling, remediation, and/or disposal.

5. Producers must verify disposal or remediation by submitting required documentation in

accordance with 7 CFR §990.27. All records regarding disposal and remediation of all cannabis

plants that do not meet the definition of hemp shall be made available for inspection by State,

Tribal, or USDA inspectors, auditors, or their representatives during reasonable business hours

in accordance with an applicable State or Tribal plan or §990.28.

6. Laboratories should have an effective disposal procedure as part of an internal SOP for noncompliant samples.

SUMMARY OF	PRACTICE:

1. This practice provides procedures for ensuring the disposal or remediation of non-compliant

hemp. When a cannabis sample tests over the acceptable THC concentration level, all cannabis

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plants in the lot shall either be remediated to bring the lot under the acceptable THC

concentration level, or all cannabis plants shall be disposed of. Both remediation and disposal

may be performed by the producer, researcher or an approved representative of the State,

Tribe, or USDA.

In accordance with §990.3, the State or Tribal plan shall include methodologies for ensuring that

non-compliant hemp is properly remediated or destroyed. This may come in the form of inperson verification by State or Tribal representatives, or alternative requirements that direct

growers to provide pictures, videos, or other proof that disposal or remediation occurred

successfully. Hemp produced for research must be disposed of in accordance with the applicable

State or Tribal plan or §990.21(d), for research conducted with a USDA producer license.

2. Non-compliant hemp plants may be remediated by separating and destroying non-compliant

flowers, while retaining stalks, leaves, and seeds.

3. Non-compliant hemp plants may be remediated by shredding the entire hemp plant to create

“biomass.” All flowers, buds, trichomes, leaves, stalks, seed, and all plant parts from a lot should

be chopped or shredded in such a way as to create a homogenous, uniform blend of the lot

called “biomass.” Lots should be kept separate and not be combined during this process. This

biomass shall be resampled and retested to ensure the biomass material tests within an

acceptable THC concentration level before it may enter the stream of commerce in accordance

with §990.3(d) and §990.27(c). If the biomass tests above the acceptable THC concentration

level is non-compliant hemp and must be destroyed through one of the disposal options

provided herein.

4. Disposal means destroying non-compliant hemp by performing any one or combination of the

following on-farm activities: plowing under, mulching / composting, disking, bush mowing, deep

burial, and burning.

EQUIPMENT AND SUPPLIES:

1. Equipment for Remediation

a. Gloves

b. Shears, clippers, scissors, shredding equipment (to remove non-compliant flowers from

stalks)

c. Striping, shredding, or mulching equipment

d. Large plastic bags or other containers to store shredded biomass

e. The bags and containers should be made from material known to be free from THC

f. Marking and labeling equipment (to mark and label hemp lots for remediation from

other lots)

2. Equipment for Disposal

a. Plow or tractor (for plowing, mulching, composting, disking, bush mowing, deep burial)

33
	 	

	 	 	 	 	 	 	 	 	 	

	 	 	

	 	 	 	

	 	 	 	 	 	 	 	 	 	 	

	 	 	 	

	 	

	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	

	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

b. Composter (for composting)

c. A burn area and fire equipment (for burning non-compliant lots)

3. Equipment for Resampling

a. Disposable gloves – Nitrile

b. Scoop with long handle (cleaned prior to and following each sample)

c. Bag to store resample

d. Permanent markers

e. The bags should be made from material known to be free from THC

f. A 750 mL or similar measuring instrument (cleaned prior to and following each sample)

REMEDIATION GUIDELINES:

1. The licensee or designated employee; or an approved representative of the State, Tribe, or

USDA shall remediate or destroy non-compliant hemp in accordance with §990.3(d) and

§990.27(c). As part of a State or Tribal plan, a State or Tribe shall create procedures for ensuring

that any non-compliant hemp parts or biomass that are non-compliant with the acceptable

hemp THC level after remediation are properly destroyed and unable to enter the stream of

commerce as set forth in 7 C.F.R. § 990.3(a)(6). A State or Tribal plan may require that State or

Tribal officials be present during the remediation or disposal process.

2. Upon notification that a lot has tested above the acceptable hemp THC level, the licensee

should notify the appropriate licensing authority of the licensee’s decision to either destroy or

remediate the non-compliant lot in accordance with the State, Tribal, or USDA plan. The licensee

shall notify the State, Tribe, or USDA of their decision to either remediate or dispose of the noncompliant lot. Additionally, the licensee should notify the State, Tribe, or USDA, of the

remediation or disposal method set forth in §990.70 and §990.71.

3. If the licensee chooses to remediate the non-compliant lot, the licensee should select either to

separate and remove all flowers from stalks, leaves and seeds of the lot or to shred the entire

lot into “biomass.”

4. Separation and removal of the flowers from stalks, leaves and seeds:

a. The flowers, including buds, trichomes, “trim,” and “kief,” should be removed from the

lot and destroyed. As part of a State or Tribal plan, State and Tribes should include

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acceptable methods for the removal of non-compliant flowers and floral material under

this remediation strategy. Methods may include, but are not limited to, the removal, by

hand, of non-compliant flowers and floral materials and the mechanical removal of noncompliant flowers and floral materials.

b. Until such time as the non-compliant flowers and floral material are disposed of, the

stalks, leaves, and seeds should be separated from the non-compliant floral material

and clearly labeled and demarcated as “hemp for remediation purposes.”

c. Seeds removed from non-compliant hemp during remediation should not be used for

propagative purposes.

5. Creation of Biomass

a. The entire lot, as reported to the FSA, should be shredded to create a homogenous,

uniform biomass. As part of a State or Tribal plan, State and Tribes shall include

acceptable methods for the creation of biomass under this remediation strategy.

Methods may include, but are not limited to, the shredding of hemp plants through

shredders, composters, or specialty mechanical equipment.

b. The biomass created through this process shall be resampled and retested to ensure

compliance before entering the stream of commerce in accordance with §990.3(a)(6)

and §990.27(c). Biomass that fails the retesting is non-compliant hemp and shall be

destroyed.

c. Remediated biomass should be separated from any compliant hemp stored in the area

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 or held nearby.

d. Remediated biomass should not leave the labeled and demarcated area until a test

result showing compliance with the acceptable hemp THC level is received or until the

biomass will be destroyed.

RE-SAMPLING REMEDIATED BIOMASS:

1. Remediated biomass shall be resampled and retested to ensure compliance before entering the

stream of commerce in accordance with §990.3(a)(6) and §990.27(c). Biomass that fails the

retesting shall be destroyed.

2. The resample should be taken by sampling agent as described in the “Sampling Guidelines."

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

the resample, the sampling agent 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, ~750 mL or three (3) standard measuring cups of biomass material

should be collected. Sampling agents may collect more biomass material based on the

requirements of the testing laboratory. If ~750 mL of material is not available, the sampling

agent should collect enough biomass material for a representative sample.

4. An original copy of the resample test results, or a legible copy, should be retained by the

producer or an authorized representative and available for inspection for a period of three (3)

years from the date of receipt.

5. Laboratories testing a resample should utilize the same testing protocols as when testing a

standard sample as described in the “Laboratory Testing Guidelines.”

DISPOSAL GUIDELINES:

Photo	Example Ag Production

Activity

Compliant

Outcome Photo	Example

Plowing Under

Curved plow

bladesrotate

subsoil to surface

andbury crop

below

Plowing Under

“Green Manure”

Amends soil

directlyfrom crop

Mulching / Mulching /

Composting Composting

Fields cropscut and “Green Manure”

blended with Mulch mixed with

manure or other manure or other

biomass material biomass

Disking

Leveling offield

using tow-behind

disk implement

Disking

“Green Manure”

Amends soil

directlyfrom crop

while leveling field

36
	 	

	 	

	 	

	 	

	 	

	 	

	 	

	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 	 	 	 	 	

Photo	Example Ag Production

Activity

Compliant

Outcome Photo	Example

Bush

Mower/Chopper

Commercial lawn

mower used to

shred and mix

thick vegetation

Bus

Mower/Chopper

“Green Manure”

Shredded biomass

decomposes into

soil

Deep Burial

Fields are

trenched, surface

soil is buried at

depth of at least

12”

Deep Burial

Field biomass

buried in trenches

and covered with

soil

Burning

Setting fire to

specific

production fields

or biomatter piled

on the field

Burning

Fields are cleared

of all plant

material

Note: In accordance with 7 CFR 1.901(e), the contents of this document does not have the force and

effect of law and are not meant to bind the public in any way, and the document is intended only to

provide clarity to the public regarding existing requirements under the law or agency policies.

37