USA Hemp Growing State Legislation

USA Statutes & Acts on Industrial Hemp Research & Cultivation (Oct 2017)

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State

Summary

Alabama

  • Creates an industrial hemp research program overseen by the Alabama Department of Agriculture and Industries to study hemp.
  • The department may coordinate the study with institutions of higher education.
Arkansas
  • Creates the Arkansas Industrial Hemp Program including a 10 year research program.  
  • Authorizes the State Plant Board to adopt rules to administer the research program and license growers.
  • Requires the State Plant Board to provide an annual report starting Dec. 31, 2018.
  • Allows the University of Arkansas’s Division of Agriculture and the Arkansas Economic Development Commission to work with the State Plant Board.
  • Establishes a separate program fund, which will include feeds collected and other sources of funding

California

  • Allows for a commercial hemp program overseen by the Industrial Hemp Advisory Board within the California Department of Food and Agriculture.
  • Establishes registration for seed breeders.
  • This division will not become operative unless authorized under federal law.

Colorado

  • Allows hemp cultivation for commercial and research purposes to be overseen by the Industrial Hemp Committee under the Department of Agriculture.
  • Establishes a seed certification program.
  • Establishes a grant program for state institutions of higher education to research new hemp seed varieties.  

Connecticut

  • Created an industrial hemp feasibility study which reported to the state legislature on Jan. 1, 2015.

Delaware

  • Establishes an industrial hemp research program overseen by the Delaware Department of Agriculture.
  • Allows the department to certify institutions of higher education to cultivate hemp for research purposes.
Florida
  • Directs the Department of Agriculture and Consumer Services to authorize and oversee the development of industrial hemp pilot projects at certain universities. Commercialization projects may be allowed after two years with certain conditions.
  • Authorizes the universities to develop pilot projects in partnership with public, nonprofit, and private entities;
  • Requires a university to submit a report within two years of establishing a pilot program. 

Hawaii

  • Establishes an industrial hemp pilot program overseen by the Hawaii Department of Agriculture.
  • Allows the Board of Agriculture to certify hemp seeds.

Illinois

  • Creates an industrial hemp pilot program which allows the Illinois Department of Agriculture or state institutions of higher education to grow hemp for research purposes.
  • Requires institutions of higher education provide annual reports to the department.

Indiana

  • Allows the production and possession of hemp by licensed growers for commercial and research purposes.
  • Growers and handlers of hemp seeds must obtain a hemp seed production license.
  • Nothing in this section allows anyone to violate federal law.

Kentucky

  • Creates an industrial hemp research program and a commercial licensing program to allow hemp cultivation for any legal purpose.
  • The commercial growers’ license shall only be allowed subject to the legalization of hemp under federal law.
  • Growers are required to use certified seeds and may import or resell certified seeds.
  • Mandates the University of Kentucky Agricultural Experiment Station oversee a five year hemp research program.
  • Creates the Industrial Hemp Commission, attached to the Agricultural Experiment Station, to oversee, among other things, the licensing, testing and implementation of regulations and rules related to hemp.

Maine

  • Allows hemp growing for commercial purposes.
  • Establishes a license for seed distributors.

Maryland

  • Establishes a license allowing individuals to plant, grow, harvest, possess, process, sell, or buy industrial hemp in Maryland.
  • Authorizes the Maryland Department of Agriculture or an institution of higher education to grow hemp for research purposes.

Michigan

  • Creates an industrial hemp research program allowing the Michigan Department of Agriculture and Rural Development and institutions of higher education to grow hemp for research purposes.

Massachusetts 

  • Allows for hemp to be planted, grown, harvested, possessed, bought or sold for research or commercial purposes under the regulation of the Massachusetts Department of Agricultural Resources (MDAR).
  • Requires producers and distributors to obtain a license issued by MDAR and for persons utilizing hemp for commercial or research purposes to register with MDAR.
  • Directs MDAR and Commissioner of Agriculture to promulgate rules and regulations. 

Minnesota

  • Establishes a commercial hemp licensing program overseen by the Minnesota commissioner of agriculture.
  • Applicants must prove they comply with all federal hemp regulations, meaning that commercial licenses may not be available until federal law changes.
  • Allows the commissioner to implement an industrial hemp pilot program. Institutions of higher education may apply to participate in this program.

Montana

  • Allows the Montana Department of Agriculture to implement a commercial hemp licensing program.
  • Requires commercial growers to use certified seeds.
  • Requires a federal controlled substances registration from the DEA for the affirmative defense against marijuana charges to apply.

Nebraska

  • Allows a postsecondary institution or the Nebraska Department of Agriculture to grow hemp for research purposes.

Nevada

  • Mandates the Nevada Board of Agriculture implement an industrial hemp pilot program.
  • Allows institutions of higher education and the Nevada Department of Agriculture to grow hemp for research purposes.

New Hampshire

  • Allows institutions of higher education to cultivate hemp for research purposes.
  • All research must be coordinated with the New Hampshire Department of Agriculture, Markets and Food.
  • All research projects must conclude within three years of commencement.
New Hampshire
  • Established a committee to study the growth and sale of industrial hemp in New Hampshire.
  • The study was required to report their findings by Nov. 1, 2014.

New York

  • Allows the growth of hemp as part of an agricultural pilot program by the Department of Agriculture and Markets and/or an institution of higher education.
  • The commissioner of agriculture and markets may authorize no more than 10 sites for growing hemp as part of a pilot program.
  • The commissioner may develop regulations to authorize the acquisition and possession of industrial hemp seeds.
    • 1 NYCRR 159.2 allows authorized growers to possess, grow and cultivate seeds and hemp plants.

North Carolina

  • Creates an agricultural hemp pilot program overseen by the North Carolina Industrial Hemp Commission within the North Carolina Department of Agriculture.
  • The commission must collaborate with North Carolina State University and North Carolina A&T State University.

North Dakota

  • Allows hemp cultivation for commercial or research purposes overseen by the North Dakota agricultural commissioner.
  • Growers must use certified seeds. Licensees may import, resell and plant hemp seeds.
  • Permits the North Dakota State University Main Research Center to conduct research on industrial hemp and hemp seeds.

Oregon

  • Allows individuals registered by the Oregon Department of Agriculture to grow hemp for commercial purposes.
  • Growers and handlers who intend to sell or distribute seeds must be licensed as seed producers.

Pennsylvania

  • Allows institutions of higher education or the Department of Agriculture of the commonwealth to research hemp under an industrial hemp pilot program.
  • This chapter shall expire if the secretary of agriculture of the commonwealth determines a federal agency is authorized to regulate hemp.

Rhode Island

  • Establishes a commercial hemp program overseen by the Department of Business Regulation.
    • Allows the Division of Agriculture in the Department of Environmental Management to assist the Department of Business Regulation in regulating hemp.
  • Growers must verify they are using certified seeds.
  • The department shall authorize institutions of higher education to grow hemp for research purposes.

South Carolina

  • Allows hemp growth for commercial and research purposes.

Tennessee

  • Allows commercial hemp production overseen by the Tennessee Department of Agriculture.
  • Directs the commissioner of agriculture to develop licensing rules for processors and distributors.
  • Allows institutions of higher education to acquire and study seeds for research and possible certification.

Utah

  • Allows the Utah Department of Agriculture to grow hemp for research purposes.
  • Requires that the department certify institutions of higher education to grow hemp for research purposes.

Vermont

  • Allows for commercial hemp production overseen by the Vermont secretary of agriculture, food and markets.
  • Requires the registration form advise applicants that hemp is still listed and regulated as cannabis under the federal Controlled Substances Act.

Virginia

  • Authorizes research and commercial hemp programs overseen by the Virginia Board of Agriculture and Consumer Services and the Virginia commissioner of agriculture and human services.
  • The commissioner must establish separate licenses for the research program and for commercial growers.
  • Nothing in this chapter allows individuals to violate federal laws.

Washington

  • Allows hemp production as part of a research program overseen by the Washington State Department of Agriculture.
  • Requires the department establish a seed certification program.

West Virginia

  • Allows hemp production for commercial purposes by growers licensed by the West Virginia Commissioner of Agriculture.
  • Growers must use seeds which produce plants containing less than 1 percent THC.
Wyoming
  • Authorizes the planting, growing, harvesting, possession, processing, or sale of industrial hemp for licensed individuals.
  • Provides for licensing requirements and rule-making authority by the state department of agriculture.
  • Allows the University of Wyoming and the state department of agriculture to grow industrial hemp for research purposes.
  • Provides an affirmative defense for marijuana possession or cultivation of marijuana for licensed industrial hemp growers. 

For more detailed and most up-to-date information you can visit the National Conference of State Legislatures (NCSL) website Shop for 100% legal USA grown and made CBD Oil (Cannabidiol) tincture here.