Requirements for State and Tribal Hemp Plans and License Numbering Scheme

The following is a basic summary of the plan requirements for State and Tribal hemp production 

programs. Please see Sections 990.3, 990.6, and 990.7 in the Final Rule for the exact requirements.

Throughout this document we refer to the term “lot.” A lot is a contiguous area in a field, greenhouse, 

or indoor growing structure containing the same variety or strain of cannabis throughout. There are no 

minimum or maximum limits on the size of an individual lot. Hemp producers determine the farm 

location, field acreage or indoor square feet, and strain of hemp planted throughout the lot and report 

this information to USDA at a Farm Service Agency (FSA) service center. Designation of the lot is 

critical come harvest as the samples taken from the land area designated as the lot determine compliance 

of all hemp harvested from the entire lot. (See guidelines on sampling HERE) 

When producers report their lot designations to FSA, FSA will determine the appropriate numbering 

designation using FSA terminology such as “State,” “County,” “Farm,” “Tract,” “Field,” and 

“Subfield.” FSA will provide the producer with this information, which we refer to as “lot numbers,”

and which the producer must provide to the State or Tribe. It is critical for States and Tribes to collect 

this information from licensed producers since lot numbers are required on several USDA forms.

1. Plan to maintain relevant producer and land information

• Collect, maintain and provide to USDA contact information for each hemp producer licensed 

or authorized in the state or territory of the tribal government (whichever applicable). [990.3 

(a) (1)]

• Provide contact information for each hemp producer covered under the plan including name, 

address, telephone number, and email address (if 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. This information can be provided via the AMS-23 

form via mail, fax, or email. [990.3 (a) (1) (i)]

• Provide a legal description of the land where hemp is produced in the state or tribal territory. 

[990.3 (a) (1) (ii)]

• Maintain and report to USDA status of licensed producers (and any changes) and license or 

authorization numbers of producers. [990.3 (a) (1) (iii)]

2. Plan for accurate and effective sampling and testing using post-decarboxylation or 

similarly reliable methods [990.3 (a) (2)]:

• Standard sampling and performance-based sampling procedures must be 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 and ensure that a representative sample is collected 

that represents a homogeneous composition of the lot.
• 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.

A. Procedures to either sample all lots or do performance based sampling:

1. Sampling all lots [990.3 (a) (2) i-iii]:

• 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.

• Every lot and every single growing location must be sampled and tested.

2. Performance-based sampling [990.3 (a) (2); 990 C. Sampling for Total THC Performance 

 Based Sampling]:

• 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.

• Producers that produce hemp for research, along with the research institution itself, must 

obtain a license from a State or Tribal Government.

• Hemp produced for research is not subject to the same sampling requirements provided that 

the producer adopts and carries out an alternative sampling method that has the potential to 

ensure, at a confidence level of 95 percent, that the cannabis plant species Cannabis sativa L. 

that will be subject to this alternative method will not test above the acceptable hemp THC 

level.

• Research institutions and producers growing hemp for research purposes shall ensure the 

disposal of all noncompliant plants.

• Research institutions and producers growing hemp for research purposes shall also comply 

with the reporting requirements including reporting disposal of noncompliant plants. 

• Research institutions that handle ‘‘hot’’ hemp must follow CSA requirements for handling 

marijuana.
B. Procedures on sampling agents:

• Procedures to conduct sampling and testing within 30 days prior to the anticipated 

harvest date; samples must be collected by a sampling agent producers may not collect 

samples from their own growing facilities. [990.3 (a) (2) (i)]

• Procedures for collecting samples from the flowering tops of plants which 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 could develop into a bud). [990.3 (a) (2) (ii)]

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

the lot. [990.3 (a) (2) (iii)]

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

the producer to be present at the growing site during sample collection. [990.3 (a) (2) 

(iv)]

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

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

land, buildings, etc. used for cultivation, handling, and storage. [990.3 (a) (2) (v)]

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

taken. [990.3 (a) (2) (vi)] 

• Procedures to ensure sampling agents are trained using USDA, state, or tribal training 

and the information is maintained by the state or tribal government. [990.3 (a) (2) (vii)]

C. Procedures on testing:

• Provides a definition for “acceptable hemp THC level.” [990.1]

• Procedures to require testing for delta-9 THC concentration. The procedures must require 

accurate identification of the acceptable hemp THC level. Testing methods must include 

but are not limited to: 1) Post decarboxylation or other similarly reliable method; 2) 

Consideration of potential conversion of delta-9 THCA into THC and test result measure 

total available THC (THC + THCA); 3) Use of gas or liquid chromatography with 

detection; 4) Procedures to determine total THC concentration on a dry weight basis. 

[990.3 (a) (3)]

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

plant material from other lots. [990.3 (a) (3) (ii)]
• Procedures to require hemp testing laboratories to adhere to standards of performance for 

detecting THC concentration, including Measurement of Uncertainty (MU). [990.3 (a) 

(3) (iii) (A through G)]

• Requirement to only use DEA registered labs after December 31, 2022. [990.3 (a) (3) (iii)

(H)]

• Procedures requiring testing laboratories to report test results to USDA for determining 

compliance with this part. [990.3 (a) (3) (iii) (H) (4)] 

3. Plan for disposal procedures

• Procedures for the disposal or remediation of cannabis plants if the sample representing 

that plant tests above the acceptable hemp THC level. [990.3 (a) (6)]

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

lot where representative samples were taken. Test results must be included. [990.3 (a) 

(6)]

4. Plan for remediation procedures

• Procedures to ensure effective disposal or remediation of plants produced in violation of part 

990; only those successfully remediated crops will be allowed to enter the stream of 

commerce, and all other remaining non-compliant crops must then be disposed. [990 (a) (6) 

(i - iii); 990 E. Disposal and Remediation of Non-Compliant Plants]

5. Plan for inspection procedures

• Procedure for conducting annual inspections of random sample of licensed producers to 

verify that hemp is not produced in violation of this part. [990.3 (a) (7)]

6. Plan for collection of information

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

than 30 days after the date on which the information is received. [990.3 (a) (8)]

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

information with USDA, Agricultural Marketing Service (AMS), and Farm Service 

Agency (FSA) including: 1) hemp crop acreage; 2) reporting total acreage of hemp 

planted, harvested, and disposed; 3) license or authorization number; 4) street address; 5) 

geospatial location(s) of each lot or greenhouse where hemp will be produced; 6) acreage 

of greenhouse or indoor square footage dedicated to the production of hemp. [990.3 (a) 

(10) and 990.7]
7. Plan to comply with enforcement procedures

• Procedures to contain provisions relating to negligent producer violations as defined 

under this part; producers shall not receive more than one negligent violation per growing 

season. [990.6 (b)]

• Provides for corrective action plan for negligent violations: 1) failure to provide legal 

description of land; 2) failure to obtain a license; 3) produces cannabis with THC 

exceeding 1.0 percent. [990.6 (b)]

• Procedures to provide for the correction of negligent violations: 1) a reasonable date to 

correct the violation; 2) reporting requirements for 2 years from date of the negligent 

violation; 3) violations are not subject to federal, state, tribal, or local government 

criminal enforcement action; 4) provides that a negligent violation 3 times within a 5-

year period is ineligible to produce hemp for a period of 5 years from the date of the 3rd 

violation; 5) state or tribal government shall conduct inspections to determine if 

corrective action plan has been implemented. [990.6 (c)]

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

negligence: Producer shall be reported to the U.S. Attorney General and the chief law 

enforcement officer of the state or tribal government. [990.6 (d)]

• Procedures for addressing felonies: 1) provides for a 10-year ineligibility restriction for 

persons with a State or Felony conviction relating to a controlled substance; 2) provides 

for controlled substance felony conviction exception for participants in state hemp pilot 

program authorized under the 2014 Agricultural Act before December 20, 2018; 3) 

procedures for business entities to determine which participants are considered to be 

“key” or have executive managerial control. [990.6 (e)] [Legal opinion on authorities for 

hemp production]

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

application shall be deemed ineligible to participate in the program. [990.6 (f)]

8. Certification that the state or tribal government (whichever applicable) has resources and 

personnel to carry out required Farm Bill practices and procedures. [990.3 (a) (9)]

9. Plan may include other practices or procedures as long as consistent with this part and the 

Act. Plan may include requirements more stringent than this part or the Act. [990.3 (a) (10) (b) (1) 

and (2)]
License Numbering Schemes for State and Tribal Hemp Production Plans

States must use the following format when assigning license or authorization numbers:

[ANSI/FIPS State Code_State License #]

ANSI/FIPS Codes may be found here: 

https://www.census.gov/library/reference/code-lists/ansi/ansi-codes-for-states.html

For example, for hemp producers in Alabama, the license or authorization numbers would be:

01_0001, 01_0002, 01_0003, etc.

Tribes must use the following format when assigning license or authorization numbers:

[BIA Tribal Code_Tribal License #]

For example, for hemp producers licensed under the Flandreau Santee Sioux Tribe, the license or 

authorization numbers would be:

A03341_0001, A03341_0002, A03341_0003, etc.

BIA tribal authorization codes may be viewed here:

https://flh.fhwa.dot.gov/programs/ttp/documents/bia-6codes.pdf

USDA will use the following format when assigning license numbers:

[USDA_ANSI/FIPS Code OR BIA Tribal Code_USDA License Number]

For example, for a producer under the USDA plan and growing site in Florida would be:

USDA_12_0001, USDA_12_0002, USDA_12_0003, etc.