The 2018 Farm Bill authorizes USDA to accept plans from state departments of agriculture and Indian tribes for the commercial production of hemp. USDA will review each plan and consider them for approval based on the state or tribal agency’s documented plan to monitor and regulate aspects of hemp production in the state or tribal region.
State departments of agriculture and Indian tribes can submit plans for approval to firstname.lastname@example.org
USDA is drafting a regulation that will provide details on sampling procedures, testing requirements, licensing, compliance and other procedures that production facilities and overseeing agencies need to employ to receive a license from USDA. The Farm Bill requires each plan to include the following:
- a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;
- a procedure for testing, using postdecarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
- a procedure for the effective disposal of: plants, whether growing or not, that are produced in violation of this subtitle; and products derived from those plants;
- a procedure to comply with the enforcement procedures under subsection (e) of the Farm Bill;
- a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subtitle;
- a procedure for submitting the information described in section 297C(d)(2) of the Farm Bill to the Secretary not more than 30 days after the date on which the information is received; and
- a certification that the state or Indian tribe has the resources and personnel to carry out the practices and procedures described in clauses (i) through (vi) of the Farm Bill.