Hemp Farming Laws in Each State
You, Too, Can Grow Hemp!
At Atlas Seed, we are thrilled to see how the hemp industry will morph and change as more states come online and allow cultivation. We wanted to put together this guide for growers looking to start cultivating hemp in their own state. Our state by state resource offers quick facts pertaining to that state’s operations, as well as helpful links to get you the whole picture if you’re one of those growers looking to get started.
While states have to follow federal guidelines set by the 2018 Farm Bill, each state’s program is uniquely structured. This guide helps to illuminate some differences that exist between different state based programs as well as provide resources and information regarding everything from regulations, to hemp seed certification, to residency requirements. Check out this guide to see where your state stands on hemp growing and where you can go from here! Don’t see your state on the list? Hop on over to part 2 for more state by state information! (link)
Alabama
Status: Legal
Hemp cannot have more than .3% THC per plant. There is a rigorous application process and regulators can come to check in on plant THC content prior to harvest. For the 2021 grow season, applications are due November 30, 2020.
Helpful Resources:
Application: http://agi.alabama.gov/divisions/plant-protection/industrial-hemp/program-applications
Industrial Hemp Program: http://agi.alabama.gov/divisions/plant-protection/industrial-hemp
Alaska
Status: Legal
Those who want to cultivate hemp must register. Registered growers may grow industrial hemp, store seed, hemp, and propagules. Crops must be tested for less than .3% THC content. Applications are due December 15, 2020.
Helpful Resources:
Industrial Hemp Program: http://plants.alaska.gov/industrialhemp.htm
Regulations and Restrictions: http://plants.alaska.gov/pdf/11%20AAC%20Ch40-Industrial%20Hemp%20Regulations.pdf
Application:
http://plants.alaska.gov/hemp/pdf/forms/New_Grower_Registration_Application_2020_FF.pdf
Arizona
Status: Legal
In Arizona, growers, harvesters, processors, and transporters need to obtain an industrial hemp license from the department. Growers must inform the department of any sales or distribution under the license, including contact information.
Helpful Resources:
Industrial Hemp Program: https://agriculture.az.gov/plantsproduce/industrial-hemp-program
Revised Statutes: Article 4.1 https://www.azleg.gov/arsDetail/?title=3
Arkansas
Status: Legal
Growers in Arkansas may only sell raw hemp plant material to processors. As with most other states, Arkansas only permits production of and distribution of hemp that meets .3% THC standards.
Helpful Resources:
Hemp Program Rules: https://www.agriculture.arkansas.gov/plant-industries/feed-and-fertilizer-section/hemp-home/hemp-program-rules-the-law/
Arkansas Industrial Hemp Act: https://www.agriculture.arkansas.gov/wp-content/uploads/2020/06/Arkansas-Industrial-Hemp-Research-Program-Rules-AR-Hemp-Act.pdf
California
Status: Legal
Hemp growers must register with the county agricultural commissioner. In terms of permit for manufacturing, license, or sale of hemp products, California currently does not have strong requirements. This lack of framework has caused confusion with those entering the industry.
Helpful Resources:
California Hemp FAQ:
https://www.cdfa.ca.gov/plant/industrialhemp/faq.html
Hemp Law and Regulations: https://www.cdfa.ca.gov/plant/industrialhemp/docs/CaliforniaIndustrialHempLawandRegulations.pdf
Colorado
Status: Legal
In order to grow hemp in Colorado, growers must abide by the .3% THC requirement. The Colorado Agricultural Industrial Hemp Program only regulates cultivation of industrial hemp, not sale or distribution. The department also administers a certified hemp seed program.
Helpful Resources:
Industrial Hemp Program:
https://www.colorado.gov/pacific/agplants/industrial-hemp
Hemp Program Forms and Reports:
https://www.colorado.gov/pacific/agplants/forms-reports
Connecticut
Status: Legal
In Connecticut, hemp cultivators must obtain a grow license.
Helpful Resources:
Application: https://portal.ct.gov/DOAG/Regulatory/Regulatory/CT-Dept-of-Ag-Hemp-Grower-or-Processor-Application-and-Licensing
Hemp FAQ Page: https://portal.ct.gov/-/media/DCP/Hemp/CBD-HempFAQs_DCP.pdf
Delaware
Status: Legal
Hemp is legal to grow in Delaware but requires a license. If a hemp grower has plans to sell, they must obtain a nursery license as well.
Helpful Resources:
Delaware Hemp Program: https://agriculture.delaware.gov/plant-industries/hemp-program/
Program Participant Guide:
Florida
Status: Legal
In Florida, hemp growers must obtain a license and abide by the .3% THC threshold.
Helpful Resources:
Hemp & CBD in Florida: https://www.fdacs.gov/Cannabis-Hemp/Hemp-CBD-in-Florida
Industrial Hemp Program Rules: https://www.flrules.org/gateway/ruleno.asp?id=5B-57.013&Section=0
Georgia
Status: Legal
In Georgia, hemp cultivators must obtain a hemp grower license. These licenses are issued on January 1st each year.
Helpful Resources:
Georgia Hemp Rules: http://agr.georgia.gov/hemp/Georgia-Hemp-Rules-(FILED).pdf
Hemp Program FAQs: http://agr.georgia.gov/Hemp/Georgia-Hemp-Program-FAQs-2020.pdf
Hawaii
Status: Legal
In Hawaii, hemp production licenses must be obtained from the USDA. The Department of Agriculture does not regulate hemp products in Hawaii.
Helpful Resources:
Hemp FAQs: https://hdoa.hawaii.gov/hemp/hemp-faqs/
Hemp Cultivation in Hawaii: https://hdoa.hawaii.gov/hemp/#:~:text=Hemp%20Cultivation%20in%20Hawaii,USDA)%20Domestic%20Hemp%20Production%20Program.&text=Hemp%20shall%20not%20be%20grown%20in%20any%20house%2C%20dwelling%20unit,apartment%2C%20or%20other%20residential%20structure
Idaho
Status: Illegal
Growing hemp is illegal in Idaho.
Illinois
Status: Legal
In Illinois, licensed growers are able to farm hemp. If the crop tests above .7% THC, the crop will be destroyed. If it tests above .3% THC and below .7%, retesting is available.
Helpful Resources:
Industrial Hemp Program: https://www2.illinois.gov/sites/agr/Plants/Pages/Industrial-Hemp.aspx
Application: https://agrlicensing.illinois.gov/Industrial_Hemp/
Indiana
Status: Legal
Hemp is legal to grow commercially in Indiana. Like other states, licensure is required to grow, and the products are subject to the .3% THC threshold. For those interested in selling hemp seed, seed permits are available.
Helpful Resources:
Hemp FAQs: https://www.oisc.purdue.edu/hemp/pdf/hemp_faq.pdf
Iowa
Status: Legal
In Iowa, hemp is legal to grow if growers obtain a license. If hemp tests above the .3% threshold, licensees will have to pay for fees of destruction. Iowa also offers limited agricultural insurance for hemp plant cultivation.
Helpful Resources:
Kansas
Status: Legal
Hemp is legal to grow in Kansas. In order to cultivate, licensure is required.
Helpful Resources:
Commercial Industrial Hemp Regulations: https://agriculture.ks.gov/divisions-programs/plant-protect-weed-control/industrial-hemp/commercial-industrial-hemp-regulations
Kentucky
Status: Legal
In Kentucky, hemp growers must obtain a grow license in order to cultivate and possess hemp. Kentucky law allows processors to submit materials of over .3% to other state processors if they are able to remediate and return to meet the .3% threshold guidelines.
Helpful Resources:
Hemp Program Press Release: https://www.kyagr.com/marketing/documents/Hemp_HPP_Press%20Release%20-%202019%20Hemp%20Application%20Approvals.pdf
Louisiana
Status: Legal
In Louisiana, hemp cultivators must obtain a license in order to grow. The program adheres to the .3% threshold limit and tests to ensure compliance with that were built into the legislation.
Helpful Resources:
Industrial Hemp Program: https://www.ldaf.state.la.us/industrial-hemp/
Legalization Bill: https://www.legis.la.gov/legis/ViewDocument.aspx?d=1143697
Maine
Status: Legal
In Maine, commercial growers must obtain a license in order to grow and sell products. However, not all grow operations are subject to licensure. Those with a license are subject to the .3% threshold. In Maine, there is no application deadline, but applications must be submitted 30 days prior to the intended start date.
Helpful Resources:
Hemp FAQs: https://www.maine.gov/dacf/php/hemp/documents/FAQs_2020_000.pdf
More Program Information: https://www.maine.gov/dacf/php/hemp/
Maryland
Status: Legal
In Maryland, hemp growers must be partnered with a higher institution or through the department in order to cultivate. Products that meet these circumstances may be able to be sold as a part of the pilot program.
Helpful Resources:
Industrial Hemp Program:
https://mda.maryland.gov/plants-pests/Documents/Industrial-Hemp-Program-2020-Getting-Started.pdf
Hemp FAQs:
https://mda.maryland.gov/plants-pests/Documents/Industrial-Hemp-Program-2020-FAQs.pdf
Massachusetts
Status: Legal
In order to grow hemp in Massachusetts, cultivators must obtain a grow license. These grows must meet the .3% THC threshold. Products will be tested by the Massachusetts Agricultural Department.
Helpful Resources:
Hemp Program Licensing Page: https://www.mass.gov/how-to/ma-industrial-hemp-program-licensing
Michigan
Status: Legal
In Michigan, those who are interested in cultivation must register as a hemp grower through the Michigan Department of Agriculture Pilot Program.
Helpful Resources:
Hemp FAQs: https://www.michigan.gov/documents/mdard/Industrial_Hemp_FAQs_672258_7.pdf
Application: https://www.michigan.gov/documents/mdard/Pilot-Program-Application_652866_7.pdf
Minnesota
Status: Legal
Minnesota’s commercial hemp program will begin on January 1 2021. Hemp will be subject to random selection for testing. While Minnesota adheres to the .3% THC threshold, they have a slight scale for margin of error.
Helpful Resources:
Industrial Hemp Program: https://www.mda.state.mn.us/plants/hemp
Hemp FAQs: https://www.mda.state.mn.us/plants/hemp/industhempquestions
Mississippi
Status: Legal
In Mississippi, hemp is legal to cultivate. Those looking to grow must obtain a license through the USDA because funding was not appropriated through the legislature.
Helpful Resources:
Hemp Production Program: https://www.mdac.ms.gov/hemp-cultivation-in-ms/#:~:text=As%20a%20result%2C%20currently%20the,USDA%20Domestic%20Hemp%20Production%20Program
Missouri
Status: Legal
Hemp is legal to grow in Missouri, but hemp growers must receive a production license. Producers can obtain hemp seeds and propagules from pre-approved suppliers. Growers must adhere to the .3% THC threshold like other states.
Find more states on page 2 of Hemp Farming Laws
Helpful Resources:
Industrial Hemp Program:
https://agriculture.mo.gov/plants/industrial-hemp/
