WSDA’s Hemp Regulatory Plan outline

1. How will the Department show a practice to maintain relevant information regarding land 

on which hemp is produced in the State or territory of the Indian tribe, including a legal 

description of the land, for a period of not less than 3 calendar years? 

Washington State law requires a license to grow hemp. Our application requires the global 

positioning location coordinates from which the legal description can be obtained. WSDA’s 

record retention policy requires information such as this to be maintained for seven years. The 

WSDA uses an online application portal to collect the contact information and harvest 

information for all licensed hemp producers, this data will then be placed into the AMS-23 form 

and forwarded to the USDA on a monthly basis in the form of a monthly report of licensees and 

destructions. The online portal maintains the status of the licensed producers, and can account 

for any changes in producer status. 

WAC 16-306-040- Hemp producer license application, states an applicant must provide the 

information required for a hemp license on a form provided by the department that, at a 

minimum, includes:

o The name, email address, telephone number, and business address of the

applicant;

o For Individuals, a social security number

o For businesses, the type of business entity (LLC, partnership, etc.), business 

license number, EIN, the state or country where the business is incorporated and 

the name and address of the entity’s agent in Washington State;

o The legal description (section, township, and range) in which the proposed 

registered land area is located;

o Geospatial location coordinates of proposed fields, greenhouses, or other sites 

where hemp is produced. A background check is required to be included within 

the application to insure that licensees have not had a controlled substance 

felony conviction within the last ten years.

Any person found to materially falsify any information in their application shall be deemed 

ineligible to participate in the WSDA Hemp Program.

WSDA rules also require applicants to consent to entrance of their property by the department 

to inspect their registered land area with or without prior notice, report hemp crop acreage, 

greenhouse or indoor square footage, street address, license number, and total acreage of 
WSDA Hemp Regulatory Plan

Page 2 of 6

hemp planted, harvested, disposed, or remediated to the USDA Farm Service Agency (FSA), and 

submit a criminal history report that is completed within 60 days of the application date. 

Additionally, WAC 16-306-060-Records retention, states licensed producers are required to 

maintain copies of all records and reports necessary to demonstrate compliance with the 

program for a minimum of three years from the expiration date of the license. 

2. Does the Department have a procedure for testing, using post-decarboxylation or other 

similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp 

produced in the State or territory of the Indian tribe?

Trained WSDA inspectors will be responsible for collecting samples from the flowering tops of 

plants, specifically the top five to eight inches of the plant, from the main stem, including the 

leaves and flowers, terminal bud, or central cola. WSDA inspectors will receive training in how 

to collect a representative sample such that procedures are sufficient 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 of 0.3 percent. Inspectors will be provided with the USDA’s 

Sampling Guidelines for Hemp as the standard with which they collect samples. The WSDA will 

require that the producer or an authorized contact or representative shall be present for the 

scheduled hemp inspection whenever possible. WSDA inspectors will then transport that 

sample to a laboratory that is contracted with the WSDA. Contracted labs must show intent to 

register with the DEA as a part of the contracting process. Labs must be registered with the DEA 

by December 31, 2022 in order to maintain their contracts with the WSDA. 

Licensed hemp producers cannot harvest any of their crop prior to inspection. Evidence of 

harvest prior to inspection may result in a violation or loss of license. Once a sample is collected 

by a WSDA inspector, a hemp licensee may harvest, however, they will not be eligible for a 

retest if their sample is non-compliant, though they will still be eligible for remediation options. 

Non-harvested hemp that tests below 0.5% THC can be retested at the licensee’s request.

WSDA contracts with laboratories that test hemp for Total THC using High-Performance Liquid 

Chromatography (HPLC) for the determination of Δ9-Tetrahydrocannabinol (THC) and Δ9-

Tetrahydrocannabinolic Acid (THC-A). Testing Laboratories must provide COA’s to the WSDA. 

Testing laboratories will have test results reported to USDA for determining compliance. The 

WSDA and our contracted laboratories are aware of, and understand the information that must 

be provided in the AMS 22 form. The WSDA will work with contracted testing laboratories to 

make sure that all information needed in the AMS 22 form is provided to USDA.

WAC 16-306-090- Hemp THC testing criteria, states that hemp will be tested for THC 

concentration in a department-run or approved laboratory as determined by the department 

using post-decarboxylation or other testing methods approved by the department. The 

department will apply the measurement of uncertainty to the reported THC concentration to 

determine if hemp material is in compliance. 
WSDA Hemp Regulatory Plan

Page 3 of 6

No hemp may leave a registered land area or be combined with hemp plant material from 

different registered land areas or lots until WSDA issues certification for each field, lot or 

registered land area. 

The WSDA will send an inspector to sample a hemp crop within 30 days of its anticipated 

harvest date. The WSDA will also provide options for hemp producers who grow non-flowering 

plants:

• The WSDA will conduct visual inspections for all producers growing non-flowering plants 

in order to certify non-flowering or immature plants including seedlings, clones, greens, 

and microgreens. While non-flowering plants will not be subject to sampling or THC 

testing during visual inspections, these plants may still be subject to random sampling 

and testing. 

3. Does the Department have a procedure for the effective disposal of plants, whether 

growing or not, that are produced in violation of this subtitle; and products derived from 

those plants?

Under WAC 16-306-170- Hemp noncompliance for THC concentration, if a licensee’s hemp tests 

higher than the acceptable hemp THC level, the licensee may be subject to suspension or 

revocation of their license. Licensees whose hemp tests higher than the acceptable hemp THC 

level will be provided with a Corrective Action Plan that provides options for retesting, 

remediation, and or disposal. The Licensee must fulfill the requirements set forth in the 

Corrective Action Plan in order to avoid suspension or revocation of their license. The lot must 

remediated, retested, or disposed of in a manner approved by the department. If determined 

to be appropriate, WSDA may give notice of noncompliance to the appropriate law 

enforcement agency and the Washington State Liquor and Cannabis Board which regulates 

marijuana, with a summary of the actions taken to destroy the noncompliant hemp. The WSDA 

will notify the USDA of non-compliant plants and disposal by providing Certificates of Analysis 

and the AMS-24 form. 

Producers will have the option to remediate noncompliant hemp on the registered land area. 

After remediation, producers must contact the WSDA to perform another inspection sampling. 

Producers will have the following options for remediation:

• Removing and destroying the flowers and retaining stalk, stem, and leaf material 

for retest and use. This will also require a destruction report.

• Creating a mulch-like biomass that creates a homogenous mix of flower, leaf, 

stalk, and stem which is then retested as a whole plant sample. 

Producers must document the disposal of all noncompliant hemp. This documentation must be 

submitted to WSDA following the completion of the destruction or disposal process. WSDA will 
WSDA Hemp Regulatory Plan

Page 4 of 6

allow the licensee to request a resampling or retest within 30-days. The destruction of any 

controlled substance shall be in accordance with the following requirements:

• On-site destruction.

• Transfer to a person registered or authorized to accept controlled substances for the 

purpose of destruction or disposal.

• The method of destruction or disposal shall be consistent with the purpose of rendering 

all controlled substances to a non-retrievable state in order to prevent diversion of any 

such substance to illicit purposes and to protect the public health and safety.

While WSDA has legal authority over hemp and for manufactured products derived from hemp 

that fall within the definition of food, WSDA does not have legal authority over all 

manufactured products. 

4. Does the Department have a procedure to comply with the enforcement procedures 

under the 2018 amendments to the Agricultural Marketing Act of 1946 Section 297A 

subsection (e)?

WSDA has included language in rule that will establish enforcement action procedures, 

specifically corrective action plans as well as WSDA’s authority to suspend or revoke a license 

for violations of state law or for failing to comply with a corrective action plan. All enforcement 

actions will be conducted with proper due process as guaranteed by Washington law. Negligent 

violations occurring within the hemp program will not be subject to criminal enforcement 

action. 

WAC 16-306-200- Corrective Action Plan, mirrors the language provided in the 2018 Farm Bill 

and the USDA interim rules by stating a licensee may be subject to a corrective action plan 

established by WSDA to correct negligent violations including, but not limited to:

• Failing to provide a legal description of land on which hemp is produced.

• Failing to obtain a license or other required authorization from the department.

• Producing Cannabis sativa L. with delta-9 tetrahydrocannabinol concentration of more 

than 0.3% on a dry weight basis.

WSDA has a corrective action template which provides hemp producers with 30 days to correct 

the negligent violation and requires that the licensee periodically reports their compliance with 

WSDA regulations for at least two calendar years. Producers shall not receive more than one 

negligent violation per growing season The WSDA may inspect a licensee to ensure compliance 

with their corrective action plan. Additionally, licensees may be subject to license suspension or 

revocation for violations of WSDA rules or for failing to comply with a corrective action plan. 

WSDA rules also include enforcement procedures for violations that are committed with a 

culpable mental state greater than negligence. Violations made with a culpable mental state 

greater than negligence shall be reported to the U.S. Attorney General and chief law 

enforcement officer of the state. 
WSDA Hemp Regulatory Plan

Page 5 of 6

5. Does the Department have a procedure for conducting annual inspection of, at a 

minimum, a random sample of hemp producers to verify that hemp is not produced in 

violation of the limits on THC found in the farm bill?

Per Washington Authorization Code (WAC) 16-306-080, all licensees are subject to inspection 

by the department, the department shall inspect registered land areas under a producer license 

at least once during each license period. 

WSDA inspectors will take hemp samples from registered land areas within 30 days prior to the 

anticipated harvest to test for THC concentration. The inspections include the following:

• Unauthorized plant growth;

• Hemp in any form on the registered land area;

• Rogue, volunteer, or off-type hemp plants;

• Audits of existing business data and reports related to hemp;

• Compliance with required signage; and

• Assessing compliance with other applicable license terms and conditions.

WSDA has created a testing protocol (attached) that provides procedures for entering a 

growing area and collecting the hemp sample as well as necessary equipment and supplies and 

sampling guidelines which includes sample size based on estimate of plants as well as what part 

of the plant the sample must come from. Our sampling protocol is based directly off the USDA 

interim rules. 

6. Does the Department have a procedure for submitting the information described in the 

Agricultural Marketing Act of 1946 Section 297C(d)(2), as applicable, to the Secretary not 

more than 30 days after the date on which the information is received?

WSDA collects the information required as part of its state hemp program and will share

information on licensed hemp producers with the USDA in any required format. Additionally, 

the WSDA website maintains a list of licensees including contact information and registered 

land areas. 

7. Can the Department certify that the State or Indian tribe has the resources and personnel 

to carry out the practices and procedures described in 1 through 6 above?

WSDA’s hemp program is a fee-for-service program. The department has the authority to raise 

fees as needed to pay for the costs incurred by the department. The department anticipates 

having one full-time employee along with seasonal inspection staff. The department certifies 

that it can and will perform all the duties outlined above and required in the 2018 Farm Bill. The 

program’s current fees can be found in WAC 16-306-140 – WAC 16-306-160. 

8. Has the Department included any other practice or procedure established by a State or 

Indian tribe as applicable, to the extent that the practice or procedure is consistent with 

this subtitle?
WSDA Hemp Regulatory Plan

Page 6 of 6

As part of WSDA’s hemp regulatory plan, the department has included all portions of its current 

program in the attachments that follow. Our current state regulations as provided in Chapter

16-306 of the Washington Authorization Code, as well as the attached Policy Statement are 

considered part of our state’s Hemp Plan. Additionally, WSDA has included regulations for 

additional voluntary hemp testing. Those regulations can be found in WAC 16-306-100 and 

include testing hemp for non-approved pesticide or herbicide use, approved limits of mycotoxin 

and approved limits of heavy metals. 

9. Who is the Department’s contact for this program?

• Jessica Allenton

Assistant Director- Commodity Inspection Division

Washington State Department of Agriculture

(360) 902-1828

Jallenton@agr.wa.gov

Trecia Ehrlich

Hemp Program Manager – Commodity Inspection Division

360-584-3711

tehrlich@agr.wa.gov