Growing Hemp and State Requirements

 In Growers Knowledge Base

IN ORDER OT GROW HEMP YOU NEED TO MEET STATE REQUIREMENTS.

State licensing and registration for the 2019 growing season is now closed. Licensing and registration for 2020 will open in the fall. 

License to grow industrial hemp

You will need a one-time license and an annual registration to grow any amount of hemp in Wisconsin, including hemp starter plants and any hemp that may be grown for personal use.

To grow industrial hemp you must:

  • Apply for a one-time license using the forms provided by the Department of Agriculture, Trade and Consumer
    Protection
  • Pay a one-time license application fee ($150 for 0-30 acres, $5/acre for 31-199 acres, or $1000 for 200 acres or
    more)
  • Undergo a background check
  • Provide field or greenhouse locations and GPS coordinates

Register with the department every year that you plan to grow hemp.

Including the first year that you receive your license. When you register each year, you must also submit:

  • An annual registration fee of $350
  • GPS coordinates and maps of your fields
  • A research plan
  • A signed research agreement

THC and testing – State Requirements

How do you know my crop’s THC content?
Participants must notify the department 30 days before they want to harvest. A department inspector will sample each field and variety grown and deliver the samples to our laboratory for analysis.

What method do you use to test for THC?
The method used is called high-performance liquid chromatography, or HPLC and we test for delta-nine Total THC using the following formula: d9-THC + 0.877*THCA. This method or a similar one that uses decarboxylation is required under the 2018 Farm Bill for state departments of agricultural that want to have their hemp regulatory plans approved by USDA. We will invoice you for the cost of the sampling and testing. Growers may not move their industrial hemp crop to a processor or sell it to a consumer until it has been tested by the department and a fit-for-commerce certificate is
issued. All plants must be either harvested or destroyed within 10 days after receiving sample results.

What if my plants test above 0.3% THC?
You may request a retest within 10 days of receiving your sample results. We would collect another sample and send it to the laboratory again for HPLC analysis. You would pay the cost for both the resampling and retest. If you decline resampling and retesting, or if the hemp samples test high again, you are required to destroy your crop within 10 days.
Wisconsin state law provides protection from criminal penalties to growers whose plants test no more than 1 percent –up to 0.7 percentage points above the 0.3 percent THC limit. Growers who plant certified seed are protected from
criminal penalties regardless of THC level.

Does the department have a list of approved laboratories that can provide THC and cannabinoid testing?
The department does not currently certify or approve laboratories that can provide cannabis testing.

Can I send my hemp sample to a private laboratory to avoid the cost of the DATCP testing?
Growers must have their hemp crop sampled by Department staff and tested by the department’s regulatory lab prior to harvest. Growers and processors can use private laboratories for additional pre- or post-harvest testing needs.

Do you require post-harvest testing?
The department currently does not require post-harvest testing or product testing. Processors and manufacturers may require testing. Regardless of testing, all hemp and hemp products must meet the legal definition of hemp.

Source https://datcp.wi.gov.  Visit DATCP for updated information.

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