Hemp Farming Laws in Each State (Part 1)

Article Author: Atlas Seed
Article Posted: December 21, 2020

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:

https://agriculture.delaware.gov/wp-content/uploads/sites/108/2020/10/Delaware-Domestic-Hemp-Production-Program-Participant-Guide.pdf

 

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:

Iowa Hemp Law: https://iowaagriculture.gov/hemp#:~:text=Iowa’s%20Hemp%20Law,investment%20in%20seed%20and%20equipment.&text=NOTE%3A%20The%20application%20period%20for,crops%20ended%20May%2015%2C%202020.

 

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 FAQs: https://www.mass.gov/guides/hemp-in-massachusetts-faqs#-how-will-mdar-be-able-to-tell-if-a-grower-is-growing-hemp-or-marijuana?-

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/