COMMISSIONER ndda@nd.gov 

DOUG GOEHRING www.nd.gov/ndda 

NORTH DAKOTA 

DEPARTMENT OF AGRICULTURE 

STATE CAPITOL 

600 E. BOULEVARD AVE. – DEPT. 602 

BISMARCK, ND 58505-0020 

North Dakota State Hemp Plan 

The North Dakota Legislature passed a bill in 1999 that recognized the difference between hemp 

and marijuana – sixteen years later the first hemp seeds were planted. This new hemp law 

classified hemp as an oilseed and allowed the production, processing and marketing of cannabis 

that contained no more than 0.3% tetrahydrocannabinol (THC). Since that time, the state 

Legislature has passed several bills requiring the North Dakota Department of Agriculture 

(NDDA) to oversee hemp production and processing within the state. 

NDDA began issuing licenses to hemp producers in 2007; however, these producers were unable 

to obtain the correct permits from the Drug Enforcement Agency (DEA). This changed with the 

passage of the 2014 Farm Bill. NDDA has been working under federal guidelines to oversee an 

Industrial Hemp Pilot Research Program with active producers since 2015. The program initially 

started with academic institutions only, then expanded to over 3,000 acres of private producers 

researching the commercial viability and market potential of hemp within North Dakota. 

Hemp production in North Dakota is currently authorized by North Dakota Century Code 

Chapter 4.1-18.1. 

The following state plan meets the requirements laid out in federal law for hemp production set 

forth in Section 297B(a)(2)(A) as well as 7 CFR Part 990. 

A. Producer Information 

NDDA will continue to license producers to grow hemp. Anyone desiring to grow hemp in North 

Dakota must obtain a license before purchasing any seeds or propagative materials. The 

application for license collects information including the physical address and contact 

information for the applicant, the legal description of all fields or buildings where they are 

planning to grow hemp, and pertinent GPS coordinates. If the producer is a business entity, the 

701 - 328 - 2231 

FAX 701 - 328 - 4567 Equal Opportunity in Employment and Services 800 - 242 - 7535 
Page 2 

application must include the full name of the business, address of the principal business location, 

and full name and title of the key participants. 

The applicant is also required to submit documents for a criminal history records check. North 

Dakota Bureau of Criminal Investigation performs the record check using the Federal Bureau of 

Investigation’s Identity History Summary and trained NDDA staff verify that the applicant has 

not had a state or federal felony relating to a controlled substance in the previous 10-year period. 

North Dakota Century Code precludes anyone with a controlled substance felony in the previous 

10-year period from obtaining a hemp license. 

Businesses that wish to apply for a hemp license need to select an individual who is considered 

“key” to the business or have executive managerial control. “Key” individuals can be CEO, 

COO, owner, head manager or other executive. This “Key” individual will submit the documents 

for a criminal history record check for the business’s hemp license application. The results of 

these checks are kept confidential and will be kept on file until updated or for 3 years past their 

last issued license. North Dakota institutions under the control of the state board of higher 

education shall ensure that the primary investigators meet the criminal history background 

restrictions. 

License numbers are assigned in a format prescribed by United States Department of Agriculture 

USDA and expire annually on December 31. Licensed producers are required to submit their 

hemp crop acreage to the local Farm Service Agency (FSA) office. 

NDDA reports the following information for each producer: full name of the individual, license 

number, address, telephone number, and email address (if available. NDDA will notify 

producers that if they have an Employer Identification Number (EIN), they should report the EIN 

directly to USDA. NDDA will report any changes to the contact information and the status of 

each licensee. This information is sent on the first of each month outlining the reporting period, 

using a USDA approved format. 

B. Sampling and testing 

NDDA trains all persons collecting hemp samples on procedures involving inspection and hemp 

sampling. Only NDDA trained samplers can perform inspections and sample hemp. NDDA 
Page 3 

conducts random inspections on licensed operations. Producers will be required to allow NDDA 

unrestricted access during business hours to all hemp and all land, buildings, etc. used for 

cultivation and/or handling of hemp. Producers or an authorized representative of the producer 

are recommended to be present for inspections. 

NDDA samples hemp lots within 30 days of harvest. Producers are required to notify NDDA 

when lots are ready for sampling. Hemp may not be harvested without NDDA authorization. 

Producers must report back the final harvest date to ensure compliance with the 30-day harvest 

window. 

NDDA uses a performance-based sampling protocol on certain varieties and producers of hemp. 

NDDA uses a list of hemp varieties that are classified as low risk. This list is maintained on the 

NDDA webpage. Low risk hemp varieties must meet the following criteria: 

• The variety of hemp has a history of THC compliance with NDDA; and, 

• The hemp lot was planted from Certified Seed that was certified by the authorized seed 

certifying agency of the state or province where the seed was produced 

Lots of low-risk variety hemp may not be subject to testing if the producer growing the lots has: 

• Had a minimum of two consecutive years of compliant fields with NDDA; and, 

• The Agricultural Commissioner has deemed the producer to be eligible for performancebased sampling. 

Producers are notified of lots that will not require sampling after the lot has been planted. 

NDDA may pull samples on any hemp lots. NDDA will perform random tests on low-risk 

varieties to monitor compliance with NDDA policies. NDDA will inspect 10% of lots subject to 

Performance-based Sampling annually. Any variety that is not on the low-risk list is sampled. 

All hemp grown for research purposes by a North Dakota institution under the control of the 

state board of higher education will utilize a performance-based sampling protocol: 

• Researchers or research institutions are required to notify NDDA of the researcher’s 

intent to plant hemp. Researchers must provide NDDA with contact information of the 

lead researcher and location where hemp will be planted. 
Page 4 

• The research institution must certify to NDDA that a Criminal History record check has 

been completed and the researcher has not had a controlled substance felony in the 

previous 10-year period. 

• Hemp for research must be disposed of at the end of the research utilizing one of the 

methods listed in this plan. Hemp that longer qualifies as research must be tested for 

compliance before it can enter commerce. 

• NDDA reserves the right to inspect or audit researchers subject to Performance-based 

Sampling. 

• Researchers must report lots to FSA. 

• Researchers not affiliated with a North Dakota institution under the control of the state 

board of higher education will be subject to standard licensing and sampling 

requirements. 

For all samples taken, a representative sample will be collected from the flower material of the 

plant for each lot for the purpose of determining the lot’s acceptable THC level. For the 

purposes of this plan “Acceptable Hemp THC” is defined as: 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 North Dakota hemp 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. The number of plants that will form a homogenous composite 

sample will be selected to ensure, at a confidence level of 95%, that no more than 1% of the 

plants in the lot would exceed the acceptable hemp THC level. Samples will be cut from the top 

five to eight inches of the main stem of selected plants. The producer or an authorized 

representative is encouraged to be present at the growing site during inspection or be available 

by phone prior to and during the inspection. If neither the producer or an authorized agent can 

be present during the inspection/sampling event, prior communications with the license holder 

will occur to assure both the licensee and the inspector are aware of the lots to be sampled, the 

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

Hemp will be tested using High Performance Liquid Chromatography (HPLC) or other USDA 

approved methodology. Results will be reported to NDDA showing the total THC concentration 
Page 5 

that accounts for the conversion of tetrahydrocannabinolic acid (THCA) into d9-THC. Total 

THC will be calculated on a dry weight basis. Results will also include a measurement of 

uncertainty to determine acceptable THC results. After December 31st, 2022, hemp will only be 

tested at a DEA registered lab. Hemp testing labs performing regulatory samples for NDDA will 

report results only to NDDA. NDDA will report THC results to USDA on an approved format 

and kept on file for at least 3 years. 

Hemp material cannot be commingled with material from other lots until allowable THC results 

are issued. Hemp does not meet the acceptable hemp THC level cannot enter the stream of 

commerce. 

C. Disposal 

Remediation will be allowed on non-compliant lots where the Total THC is less than 1%. 

Remediation can be accomplished by hand or mechanical removal and disposal of flower 

material leaving only stalk and seed. Remediation can also be achieved by shredding flower 

material with leaf and stalk to create a biomass. Any remediated material must be retested and 

fall below the acceptable hemp THC level. NDDA will work with producers to dispose of noncompliant products. NDDA staff will witness and verify destruction to render plants and 

material unusable. Method of destruction can be any one or combination of the: plowing under, 

mulching/composting, disking, bush mowing, deep burial, and burning. NDDA will notify 

USDA the test results for non-compliant plants and method used for disposal. All hemp grown 

for research by a North Dakota institution under the control of the state board of higher 

education, cannot not enter the stream of commerce. 

D. Violations 

NDDA will address negligent violations such as failing to provide legal description of land, 

failing to obtain a license, or producing cannabis with THC exceeding 1.0 percent, by setting a 

reasonable deadline for the producer to become compliant. Hemp producers do not commit a 

negligent violation under this paragraph if they make reasonable efforts to grow hemp and the 

hemp does not have a total delta-9 tetrahydrocannabinol concentration of more than 1.0 percent 

on a dry weight basis. Negligent violations will not be subject to federal, state, or local 

government criminal enforcement actions. NDDA will require additional reporting, monitoring, 
Page 6 

and inspections of that producer for no less than 2 years from the date of the negligent violation. 

If a producer has 3 negligent violations in a 5-year period they will be unable to produce hemp 

for 5 years from the date of the 3rd violation. NDDA will conduct inspections to determine if 

corrective action plan has been implemented. If the violation is made with a culpable mental 

state greater than negligence or otherwise criminal, the alleged violation and matter will be 

referred to the appropriate State’s Attorney, ND Attorney General, and the US Attorney General, 

for whatever action they may deem appropriate. Any persons who materially falsify any 

information in their application shall be deemed ineligible to participate in the program. 
STATE OF NORTH DAKOTA 

DEPAR T MENT O F AGRICULTURE 

600 E BOULEVARD AVE, DEPT 602 

BISMARCK. ND 58505-0020 

DOUG GOEHRING 

COMMISSIONER 

Hemp Program Certification 

September 7, 2020 

Pursuant to Section 297B (a)(2)(A)(vii) of the Agriculture Improvement Act of 2018, I 

certify that the North Dakota Department ofAgriculture has the resources and personnel 

necessary to carry out each ofthe practices and procedures identified in Section 297B(a)(2) of 

the Act. 

Dou

~ ;~-ing 

Agrilult~~-Commissioner 

GOEHRING@ND.GOV 

800-242-7535 Equal Opport11nity in Employme11t and Services WWW.ND.GOV/NODA 

701 -328-223 1 
COMMISSIONER ndda@nd.gov 

DOUG GOEHRING www.nd.gov/ndda 

NORTH DAKOTA 

DEPARTMENT OF AGRICULTURE 

STATE CAPITOL 

600 E. BOULEVARD AVE. – DEPT. 602 

BISMARCK, ND 58505-0020 

North Dakota State Hemp Plan Supplemental Documents 

The following documents are supplemental to the North Dakota Department of Agriculture 

(NDDA) Hemp Plan. All documents and forms will be updated periodically. The most up to 

date forms and data can be requested from the department. 

Table of Contents 

1. Low Risk List--------------------------------------------------------------------------------------------2 

2. Hemp Grower License Application----------------------------------------------------------------3 

3. Criminal History Record Check Request---------------------------------------------------------5 

4. Hemp Planting Report-------------------------------------------------------------------------------7 

5. Hemp Non-Compliance Record--------------------------------------------------------------------8 

6. North Dakota Century Code Chapter 4.1-18.1------------------------------------------------10 

7. Hemp Sampling Protocol---------------------------------------------------------------------------13

701 - 328 - 2231 

FAX 701 - 328 - 4567 Equal Opportunity in Employment and Services 800 - 242 - 7535 
Page | 2 

Low Risk List 

The below listed varieties are considered low risk by NDDA. This list will be used as part of 

sampling under a performance-based plan. This data will be updated annually. 

Variety 

Number of 

Samples 

Maximum Recorded 

% THC 

Minimum Recorded 

% THC Average THC Levels 

Canda 13 0.024 0.009 0.016 

CFX-1 11 0.043 0.009 0.026 

CFX-2 38 0.260 0.008 0.086 

CRS-1 10 0.029 0.020 0.025 

X-59 26 0.093 0.003 0.020 
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APPLICATION FOR HEMP GROWER LICENSE Return to: 

NORTH DAKOTA DEPARTMENT OF AGRICULTURE North Dakota Department of Agriculture

600 E Boulevard Ave, Dept 602 PLANT INDUSTRIES DIVISION 

Bismarck ND 58505-0020 SFN 58476 (11-2021) Telephone: 701-328-4128 

PLEASE TYPE OR PRINT CLEARLY (Incomplete or illegible forms will be returned) 

North Dakota Department of Agriculture will not process this application until an approved background check is on file. 

The undersigned is applying for a Hemp License under provisions of the laws of the State of North Dakota. 

Check One: 

Initial license application Renewal license application 

Applicant Name (Last, First) (no initials) 

Physical Address City State ZIP Code 

Mailing Address City State ZIP Code 

Email Address Home Telephone Number Cell Phone Number 

Legal description of each field is required. Use attachment if more space is needed. 

HEMP PRODUCTION INFORMATION 

Acres Variety County Township Range Section/Quarter Are you the 

property owner? 

Field 1 Yes No 

Field 2 Yes No 

Field 3 Yes No 

Field 4 Yes No 

Field 5 Yes No 

TOTAL 

ACRES 

The term "lot" refers to a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or 

strain of hemp throughout. 

Number of Lots License Fee 

1 $100.00 

2 $200.00 

3 $300.00 

4+ $350.00 

Based on the total number of lots across all hemp fields, please use the table to calculate the total licensing fee. 

TOTAL AMOUNT ENCLOSED $ 

Application fees: License fees are non-refundable once a license is issued. Make checks payable to the North 

Dakota Department of Agriculture. 

Continue to page 2 
SFN 58476 (11-2021)

Page 2 of 2 

1. I will abide by all applicable laws and regulations related to the growth, cultivation, or marketing of hemp. 

2. I will allow, upon request, federal, state, or local authorities to inspect and/or sample, at any time, the on-site hemp 

growing area, plants, plant materials, seeds, equipment, or facilities related to the growth, cultivation, or marketing of 

hemp, without subpoena or any other authorization. 

3. I will complete and submit all reports and/or statements requested by NDDA relative to my production of hemp and 

acknowledge and agree that a failure to submit any required or requested report may result in immediate suspension or 

revocation of my hemp grower license. 

4. I will report all planted hemp acres to the proper USDA: Farm Service Agency (FSA) Service Center, I will provide 

NDDA with a copy of the FSA map showing planted hemp acres. 

5. I will report hemp acres to NDDA no later than 14 days after planting, using approved forms. 

6. I will notify the Hemp Program Coordinator 15 days prior to anticipated harvest and at least 1 week prior to desired 

testing date. 

7. I acknowledge NDDA will charge additional fees for official NDDA samples. 

8. I will not harvest hemp without approval from NDDA and understand the harvesting without approval could result in the 

destruction of my crop. 

9. I understand that harvesting any hemp prior to receiving results from the official NDDA sample with legal THC levels 

means that NDDA will not be able to retest any harvested lots. 

10. I understand that the Total THC of the plants grown must measure at or below 0.3% Total THC based on the official 

sample and test conducted by the NDDA. Total THC = THCa * 0.877 + Ȝ9-THC. 

11. I acknowledge that I am responsible any costs associated with the destruction and/or confiscation of non-compliant 

hemp. 

12. I acknowledge it is recommended to test and monitor Total THC levels using the same protocol utilized by NDDA. 

13. I certify that I have not been convicted of a felony relating to a controlled substance since the submission of my 

background check. 

I, the undersigned applicant, understand and agree to all the above-listed statements. 

Signature of Applicant Date 
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I 

Page | 5 

CRIMINAL HISTORY RECORD CHECK REQUEST 

PURSUANT TO NDCC 12-60-24 

OFFICE OF ATTORNEY GENERAL BUREAU 

OF CRIMINAL INVESTIGATION SFN 60688 (09-

2019) 

FOR BCI USE ONLY 

Check Number 

Amount 

Receipt Number 

Receipt Date 

SID 

INSTRUCTIONS 

1. Please type or print legibly and ensure that all information is complete. Incomplete or illegible requests will bereturned. 

2. If requesting Federal Bureau of Investigation (FBI) check, attach two (2) completed fingerprint cards containing the fingerprints of the subject of the 

record check and remit appropriate fees. 

TO BE COMPLETED BY AGENCY 

Mail to Attention of Telephone Number 

Agenc am y N e Originating Agency Identifier (ORI) 

Address Email Address 

City State ZIP Code 

I 

Comments/Miscellaneous 

AGENCY USE ONLY 

Please Check One and Remit Appropriate Fees 

Record Checks for Employees/Others Record Checks for Volunteers 

□ ND only, remit $15.00 FBI ND only, remit $15.00 FBI 

□ only, remit $26.25 ND and □ only, remit $24.25 ND and 

FBI, remit $41.25 □ FBI, remit $39.25 

Process Control Number (PCN) 

TO BE COMPLETED BY SUBJECT OF RECORD CHECK 

Last Name First Name (no initials) Middle Name 

Last Name(s) (AKA/Maiden/Former) First Name Middle Name 

Date of Birth Social Security Number 

Current Address 

City State ZIP Code 

Your fingerprints will be used to check the criminal history records of the FBI in accordance with Title 28 CFR 50.12. You have the opportunity to review or 

challenge the accuracy of the information contained in the FBI identification record. The procedure for obtaining a change, correction, or updating an FBI 

identification record are set forth in Title 28 CFR 16.34. 

I understand the Applicant Rights provided on the following page and hereby authorize the North Dakota Bureau of Criminal Investigation to release my state 

and FBI criminal history records to the requester listed above. 

A photocopy of this signed release shall have the same force and effect as the original release. 

Signature Date 

Your social security number is requested to permit the North Dakota Bureau of Criminal Investigation to conduct a criminal history record check under N.D.C.C.§ 

12-60-16.6. Disclosure of your social security number is voluntary, however, if you choose not to disclose it, you will be required to provide alternative information 

or documentation, which may delay the criminal history record check. 
Page | 6 

SFN 60688 (09-2019) 

Page 2 of 2 

APPLICANT RIGHTS 

APPLICANT: Please review and retain for your records. 

Privacy Act Statement 

As of 03/30/2018 

This privacy act statement is located on the back of the FD-258 fingerprint card. 

Authority: The FBI's acquisition, preservation, and exchange of fingerprints and associated information is generally authorized under 28 

U.S.C. 534. Depending on the nature of your application, supplemental authorities include Federal statutes, State statutes pursuant to Pub. 

L. 92-544, Presidential Executive Orders, and federal regulations. Providing your fingerprints and associated information is voluntary; however, failure 

to do so may affect completion or approval of your application. 

Principal Purpose: Certain determinations, such as employment, licensing, and security clearances, may be predicated on fingerprint-based background 

checks. Your fingerprints and associated information/biometrics may be provided to the employing, investigating, or otherwise responsible agency, and/or 

the FBI for the purpose of comparing your fingerprints to other fingerprints in the FBI's Next Generation Identification (NGI) system or its successor systems 

(including civil, criminal, and latent fingerprint repositories) or other available records of the employing, investigating, or otherwise responsible agency. The 

FBI may retain your fingerprints and associated information/biometrics in NGI after the completion of this application and, while retained, your fingerprints 

may continue to be compared against other fingerprints submitted to or retained by NGI. 

Routine Uses: During the processing of this application and for as long thereafter as your fingerprints and associated information/biometrics are retained in 

NGI, your information may be disclosed pursuant to your consent, and may be disclosed without your consent as permitted by the Privacy Act of 1974 and all 

applicable Routine Uses as may be published at any time in the Federal Register, including the Routine Uses for the NGI system and the FBI's Blanket 

Routine Uses. Routine uses include, but are not limited to, disclosures to: employing, governmental or authorized non-governmental agencies responsible 

for employment, contracting, licensing, security clearances, and other suitability determinations; local, state, tribal, or federal law enforcement agencies; 

criminal justice agencies; and agencies responsible for national security or public safety. 

28 CFR 50.12(b) 

Officials at the governmental institutions and other entities authorized to submit fingerprints and receive FBI identification records under this authority must 

notify the individuals fingerprinted that the fingerprints will be used to check the criminal history records of the FBI. The officials making the determination of 

suitability for licensing or employment shall provide the applicants the opportunity to complete, or challenge the accuracy of, the information contained in the 

FBI identification record. These officials should not deny the license or employment based on information in the record until the applicant has been afforded 

a reasonable time to correct or complete the record, or has declined to do so. Those officials making such determinations must advise the applicants that 

procedures for obtaining a change, correcting, or updating of an FBI identification record are set forth in 28 CFR 16.34. A statement incorporating these useand-challenge requirements will be placed on all records disseminated under this program. This policy is intended to ensure that all relevant criminal record 

information is made available to provide for the public safety and further, to protect the interests of the prospective employee/ licensee who may be affected 

by the information or lack of information in an identificationrecord. 
I 

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Page | 7 

HEMP PLANTING REPORT 

NORTH DAKOTA DEPARTMENT OF AGRICULTURE 

PLANT INDUSTRIES 

SFN 61979 (4-2021) 

This form must be emailed or sent hard copy no later than 2 weeks after planting. A 

separate form must be filled out for each variety and field location. 

Failure to fill out this report in its entirety can cause future ineligibility for hemp licensure. 

Name Telephone Number License Number 

Check here if you did not plant or do not plan to plant any hemp, sign form and return to our office 

FIELD LOCATIONS 

Provide a map outlining the field and include a GPS point of the field access: 

Field Access Latitude Field Access Longitude 

Date(s) of Planting Total Acreage or Square Footage Planted 

Seed, Clone or Seedling Supplier Variety Planted 

Planting Information 

Plant to Plant Distance Row Spacing 

Number of Clones or Seedlings Planted Average Height of Clone or Seedling Planted 

Seed Count (seeds per pound) Germination Percentage Purity Percentage Amount of Seed Planted (weight) 

Seeding Rate (lbs/acre) Planting Depth Soil Temperature at Planting Depth (degrees Fahrenheit) 

Previous Crop Soil Dry Moist Wet Depth to Moisture at Planting 

Herbicide Rate of Application Date of Application 

Describe method and equipment used for tillage and planting: 

I verify that to the best of my knowledge, the above information is accurate. 

Licensee Signature Date 

Email or send form to: 

North Dakota Department of Agriculture 

Attn: Hemp Program 

600 E Boulevard Ave, Dept 602 

Bismarck, ND 58505-0020 

jmortenson@nd.gov Phone: 

701-328-4128 
NON-COMPLIANCE RECORD 

NORTH DAKOTA DEPARTMENT OF AGRICULTURE 

PLANT INDUSTRIES DIVISION 

SFN 61975 (3-2021 ) 

Name 

Business Name 

License Type 

O Grower Processor D Other (specify): 

Violation Type 

D Failure to provide legal description of land on which the hemp is being produced 

D Failure to obtain a hemp license before engaging in hemp production 

D Producing cannabis exceeding the acceptable hemp THC level 

D Producing hemp products exceeding the acceptable hemp THC level 

Oother (specify): 

Date of Violation I Location of Violation 

Description of Violation 

Corrective Action Plan 

Date to Complete Corrective Action Plan 

Additional Reporting Requirements 

Date Additional Reporting Requirements End 

Authorized State Official Signature of State Official 

I License Number 

Page | 8 
61975 (3-2021) 

Page 2 of2 

Description of Actions Performed (attach additional documentation as necessary) 

Date Corrective Action Plan Completed 

Failure to complete the corrective action plan and any additional reporting requirements can lead to revocation of hemp 

license and denial of future licensure. 

I Printed Name 

Send Completed Plan to: 

North Dakota Department of Agriculture 

Plant Industries Division 

600 E Boulevard Ave Dept 602 

Bismarck ND 58505-0020 

Tele phone 701-328-4128 

I Signature 

Page | 9 
Page | 10 

CHAPTER 4.1-18.1 

HEMP 

4.1-18.1-01. Definitions. 

1. "Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and 

all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether 

growing or not, with a total tetrahydrocannabinol concentration in an amount determined by the 

commissioner. The term does not include any commodity or product using hemp which 

exceeds the allowable amount of total tetrahydrocannabinol determined by the commissioner. 

2. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural, optical, or 

geometric isomers of tetrahydrocannabinol, including: 

a. Delta-7 tetrahydrocannabinol; 

b. Delta-8 tetrahydrocannabinol; and 

c. Delta-10 tetrahydrocannabinol. 

3. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of 

tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the 

percentage of weight of tetrahydrocannabinol. 

4.1-18.1-02. Hemp - Licensure. 

Any person desiring to grow or process hemp shall apply to the agriculture commissioner for a 

license on a form prescribed by the commissioner. A license must be obtained before a person purchases 

or obtains hemp material for planting or propagation. The applicant is responsible for anyone working 

under the applicant's license for all sections of this chapter. 

1. The application for a license must include the name and address of the applicant, and the legal 

description of the land area to be used to produce or process hemp. 

2. The commissioner shall require each applicant for initial licensure to submit to a statewide and 

nationwide criminal history record check. The nationwide criminal history record check must be 

conducted in the manner provided in section 12-60-24. All costs associated with the criminal 

history record check are the responsibility of the applicant. 

3. Criminal history records provided to the commissioner under this section are confidential. The 

commissioner may use the records only in determining an applicant's eligibility for licensure. 

4. The commissioner shall deny licensure to any person convicted of a felony relating to a 

controlled substance under state or federal law in the last ten years. 

5. If the applicant has completed the application process to the satisfaction of the commissioner, 

the commissioner shall issue the license. A license issued under this chapter expires 

December thirty-first. 

6. An application for a license under this subsection may be submitted to the commissioner 

anytime before the purchase of hemp seed or viable propagation material. 

4.1-18.1-03. License fee. 

The commissioner shall assess each producer and processor a fee not to exceed three hundred fifty 

dollars. The commissioner shall deposit fees collected under this chapter in the commissioner's operating 

fund which are appropriated to the commissioner on a continuing basis for the purpose of enforcing this 

chapter. 

4.1-18.1-04. License - Grounds for denial. 

1. The agriculture commissioner may deny or revoke a license to any person who: 

a. Repeatedly violates this chapter; 

b. Provides false or misleading information in connection with any application required by 

this chapter; or 
Page | 11 

c. Has been convicted of a felony, as described in section 4.1-18.1-02, since the most recent 

criminal history background check. 

2. Any person denied a license under this section may request a hearing before the commissioner 

within thirty days after the date of the denial. 

4.1-18.1-04.1. Commissioner - Authority - Tetrahydrocannabinol concentration. 

The commissioner shall determine the total tetrahydrocannabinol concentration under this chapter up 

to an amount not to exceed the federal Agriculture Improvement Act of 2018 [Pub. L. 115-334; 132 Stat. 

4490] and federal domestic hemp production program regulations under title 7, Code of Federal 

Regulations, part 990. 

4.1-18.1-04.2. Hemp testing - Fee - Exemption. 

1. The commissioner may charge a fee of up to one hundred twenty-five dollars to inspect, 

sample, and test hemp under this chapter. 

2. The commissioner shall deposit fees collected under this section in the commissioner's 

operating fund. 

3. The provisions of chapter 54-44.4 do not apply to hemp testing under this section. 

4.1-18.1-04.3. Prohibited acts. 

A licensee may not: 

1. Engage in the isomerization of cannabinoids to create isomers of tetrahydrocannabinol, 

including delta-8, delta-9, and delta-10 tetrahydrocannabinol; and 

2. Sell hemp or hemp products that were created using the isomerization of cannabinoids to 

create isomers of tetrahydrocannabinol, including delta-8, delta-9, and delta-10 

tetrahydrocannabinol. 

4.1-18.1-05. Violations. 

1. A producer found in violation of this chapter for negligently failing to provide the legal 

description of the land where the producer is growing hemp, failing to obtain a license, or by 

producing hemp with a total tetrahydrocannabinol concentration greater than the amount 

determined by the commissioner is subject to: 

a. Meeting a deadline set by the commissioner to come into compliance with this chapter; 

and 

b. Additional reporting requirements set by the commissioner for a period of no less than two 

years. 

2. An applicant or person licensed to grow hemp under this chapter found in violation of the 

chapter with a culpable mental state greater than negligence must be reported to the attorney 

general. 

4.1-18.1-06. Confiscation and disposal. 

1. Any hemp found to be in violation of this chapter is subject to confiscation and disposal by the 

commissioner. 

2. Any disposal-related costs will be the responsibility of the producer, owner, or person 

responsible for the hemp. 

3. The commissioner is not liable for any destruction of hemp or hemp products carried out under 

this chapter. 

4.1-18.1-07. Commissioner powers.

The commissioner may enter on any land or areas where hemp is grown, stored, or processed for the 

purposes of inspections, sample collection, testing, or investigation for the purposes of enforcing this 

chapter. 
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4.1-18.1-08. Hemp - Research. 

1. Any researcher associated with or operating under an institution under the control of the state 

board of higher education is exempt from obtaining a license described under section 4.1-18.1-

02 to grow hemp. A researcher shall notify the commissioner of the researcher's intent to plant 

hemp and provide the following information to the commissioner: 

a. The name and contact information of the primary investigator; and 

b. The legal description of all land where hemp will be grown as part of the project. 

2. The research institution shall ensure the primary investigator and all other project participants 

meet the criminal history background restrictions in section 4.1-18.1-02. 
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NDDA Hemp Sampling Protocol 

Inspection Selection and Notification 

All registered producers are subject to routine inspection and sampling to verify that the delta-9 THC 

concentration of the hemp planted within a certified site does not exceed 0.3% on a dry weight basis. 

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

registered site without notice if they have reason to believe a violation of the program rules is occurring. 

Registered producers must inform NDDA 15 days prior to planned harvest date. Harvest shall take place 

within 30 days of a NDDA sampling, product may not be processed or leave producer’s property until 

issuance of passing report of analysis from NDDA. If harvest has not taken place in the 30-day window, 

hemp may not be harvested until a second test is taken and NDDA issues a passing report of analysis. 

During the inspection, the producer or an authorized representative are recommended to be present at 

the registered growth site, but it is not required. Inspectors must be provided complete and 

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

harvested, all land, buildings and other structures used for the cultivation and storage of hemp, and all 

documents and records. Growers are required to provide an access point to each growing area. 

Equipment Used 

-Clippers (Sterilized before sampling each new field) 

-Sampling Bags (cloth or paper required) 

-Cooler 

-NDDA Sampling Form or Hemp Inspection Survey App 

-Lysol spray or other disinfectant for cleaning tools between fields 

Observation Notes which must be recorded by the Inspector at Time of Sampling 

-Time and date of inspection/sampling 

-Name of registrant and name of any individuals present on site during inspection/sampling 

-Location of grow site sampled (Field GPS points) 

Sample Volume and Composition 

Most of the samples should be collected in the interior of the field, to avoid edge effect. To collect 

samples, inspectors will walk the entire field in such a way to collect a representative sample, depending 

on the field size and shape. The number of samples taken from each field will be based on the following 

table: 
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Acres Minimum Number 

of Plants Sampled 

0-8 5 

8-12 7 

13-17 8 

17-26 10 

27-45 12 

46-100 13 

100+ 14 

Samples will be taken from the top 5 to 8 inches of the female plants only. This ensures that the plant 

material contains the highest concentration of THC and creates consistency across all samples and for all 

growers. 

Inspectors will cut and place the samples in a breathable paper or cloth bags. Samples will be kept in a 

cooler during transport to prevent degradation. Sampling pruners should be sterilized between samples 

Samples will be assigned a unique ID number. 

Sample InvoicingGrowers are subject to testing fees up to $125 for each lot tested. Prior to leaving the site, NDDA staff 

will complete the hemp sampling invoice and have the producer or authorized representative sign the 

form, if no representative is on site other arrangements will be made. The producer or authorized 

representative keeps the original invoice to send in with payment. 

Sample Handling and TestingSamples will be shipped via United States Postal Service within 48 hours to the current hemp testing lab.