FAQs Regarding Minnesota's Hemp Program

An MDA inspector must take plant samples for THC testing within 30 days of harvest. The license holder is responsible for notifying the MDA of the hemp lots they've planted by filing a Planting Report form. Please contact the Hemp Program staff to request the Planting Report form. Once we receive your report, we will schedule your inspection and sampling. Inspectors take 30 cuttings per lot, the top 5 inches of the female flowers. At least 75% of the plants must be flowering in order for us to take samples, and there must be at least 5 inches of female flower vertically along the stem. Each variety is considered a separate lot and must be sampled separately. The grower will be invoiced for any extra inspections/tests beyond the first one.

If you aren't sure when your harvest will occur, you can either send a picture of your plants along with your form or write a description of the growth stage that your plants are at. That will help us to determine the proper time for the inspection. Please be advised that all hemp crops must be tested by the Minnesota Department of Agriculture, pass the THC Test, and have an issued Fit for Commerce certificate prior to transferring ownership of the crop. Selling or transferring ownership of hemp crop without a Fit for Commerce certificate is a violation.

As defined in the 2018 Farm Bill and Minnesota Statues Chapter18K, Section 2, hemp is the plant Cannabis sativa L., and any part of the plant, whether growing or not, including the seeds, and all its derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, containing a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. For regulatory purposes, the THC concentration is analyzed post-decarboxylation, as required by the federal law. This is commonly referred to as "Total Potential THC" and is equal to delta-9 THC + (THCA x 0.877). Hemp is an agricultural crop which can be grown for fiber, grain, or medicinal usages. 

The 2014 Farm Bill contained a provision to allow state departments of agriculture to administer pilot programs to study the growth, cultivation, and marketing of hemp. In 2015, the Minnesota Industrial Hemp Development Act (IHDA), Minnesota Statues Chapter18K, became law. This allowed the MDA to create a hemp pilot program. The Minnesota pilot program operated in 2016 through 2020. 

The 2018 Farm Bill officially legalized hemp cultivation for commercial purposes and removed it from the Controlled Substances Act. On January 19, 2021, the U.S. Department of Agriculture (USDA) released the Final Rule (7 CFR part 990), which forms the regulatory framework for all hemp cultivation nationwide. Each state and tribal authority had to submit a plan for approval by USDA if they wanted to continue to regulate hemp at the state/tribal level. The Minnesota State Plan was approved on May 6, 2021. Visit the USDA website to view the entirety of the Minnesota plan.

Each license expires on December 31 of the year issued. Each year, licensees must reapply to be in the program.

Sampling

All hemp produced in Minnesota must be sampled and tested within 30 days prior to harvest. Each variety grown is considered a separate lot and must be sampled separately. A grower may not harvest a hemp lot until a sample has been collected. Growers must harvest each lot within 30 days of the sample collection date. The grower may harvest any time after the sample is collected, even before they have received the official lab results/Fit for Commerce certificate from the MDA. However, they cannot combine lots or sell the material until they receive the Fit for Commerce certificate.

Licensed growers must first report all planted hemp lots to the Farm Service Agency (FSA) within 10 days after planting, and then to the MDA by filing a Planting Report within 10 days after filing the FSA report. The MDA Planting Report forms are submitted electronically--please contact the Hemp Program to get a link to the Planting Report. The grower must also submit a Harvest Report to the MDA no more than 30 days and no less than 5 days prior to harvest.

If a grower cannot complete harvest within 30 days of the sample collection date, they must inform the program staff. A second sample may need to be taken if the grower will be harvesting past the 30-day window. 

To sample a hemp lot, the sampler will take 30 cuttings of 30 different plants per lot, randomly selected throughout the plant population. They will cut the top 5 inches of the female flower of each of the 30 plants. At least 75% of the female plants must be flowering in order to take samples, and there must be at least 2 inches of flower vertically along the stem. Lots which have less than 30 plants will be sampled proportionally. Please contact the MDA Hemp Program for more information.

Please view the Minnesota State Plan for the full details about the sampling plan.

Testing

The samples will be submitted to Legend Technical Services Inc., an accredited lab in St. Paul, for THC analysis by High-Performance Liquid Chromatography (HPLC). The final regulatory determination will be based on the total potential THC post-decarboxylation, which is equal to delta-9 THC + (THCA x 0.877) if the sample is analyzed via HPLC methodology. 

Compliance of a hemp lot will be based on whether the percentage of Total THC determined on a dry weight basis includes a value of 0.30% within a range of values specified by a plus or minus the measurement of uncertainty (MU). The MU adopted by the MDA Hemp Program is based on the laboratory measurement of uncertainty plus sampling variability. The MU for 2024 is 24% of the value of the % Total THC test result. 

If the hemp tests between 0.3% - 1% Total THC, the license holder has the option to remediate, destroy the crop, or request a second sample/retest. If the hemp tests above 1% then it must be destroyed and cannot be remediated.

Remediation means the process of rendering non-compliant cannabis, compliant. There are two acceptable methods of remediation. Remediation can occur either by removing and destroying the flower material, while retaining stalk, stems, leaf material, and seeds, or by shredding the entire plant into a biomass-like material. The remediated biomass must be sampled, tested by the MDA, and shown to be 0.3% Total THC or less in order to enter the stream of commerce. 

The following acts are considered "negligent violations":

• Failing to provide an accurate legal description of land where hemp is grown.
• Growing hemp without a license.
• Producing cannabis that exceeds 1% Total THC. Hemp growers do not commit a negligent violation if they make reasonable efforts to grow hemp and the cannabis does not have a Total THC concentration exceeding 1% after the MU is factored in. *Please note: The only way to prove a "reasonable effort to grow hemp" is to have the seed/clone label, seed/clone vendor info, and the certificate of analysis for the parent plants showing 0.3% THC or less. It is essential for all growers to obtain these records for every lot of hemp they grow and supply it upon request to the MDA.

If a negligent violation occurs, the MDA will issue a Notice of Violation to the licensee and require a corrective action plan to be put in place. The MDA is capped at issuing 1 negligent violation per year. Any licensee that has 3 negligent violations in a 5-year period shall have their license revoked and be ineligible to produce hemp for a period of 5 years beginning on the date of the third violation.

A "violation with a culpable mental state greater than negligence" includes:

• Growing cannabis that tests over 1% Total THC and the grower cannot demonstrate that they made a reasonable effort to grow legal hemp (i.e. cannot supply the seed/clone label, seed/clone vendor info, and the certificate of analysis for the parent plants showing 0.3% THC or less).
• The licensee, key participant, individual grower, or authorized representative pleading guilty to, or being convicted of, any drug-related felony during the license period or the 10-year period prior to obtaining the license. 
• Making any materially false statement to the MDA.
• Hindering or obstructing an MDA inspector from inspecting, sampling, or carrying out the duties under the state plan or M.S. Chapter 18K.

If the MDA determines that a licensee has committed a violation with a culpable mental state greater than negligence, the MDA shall immediately report the violation to the USDA, U.S. Attorney General, and the Minnesota Attorney General.

All hemp produced in Minnesota must be sampled and tested within the 30 day window prior to harvest. Every hemp variety planted is considered a separate lot and must be reported and tested separately. The licensee will be invoiced for each sample taken. The fee of one THC test is $100. If they have more than one variety, each one will be sampled separately and invoiced after the inspection at $100 per additional variety. If they require more than one inspection at a location during the year then they will be invoiced $250 for the additional inspection, plus $100 per additional THC test beyond the first one. 

All hemp growers are required to report their hemp acreage to their local FSA offices. Hemp growers must first report their planted hemp lots to the FSA within 10 days of planting, and then report to the MDA within 10 days after that. This requirement applies to all hemp growers and all hemp lots, including indoor hemp growers. Please refer to the FSA handout Acreage Reporting Related to Hemp Production, and contact your local FSA office for more information. There is also training available through the United States Department of Agriculture, Agriculture Marketing Service, Domestic Hemp Production Program's eLearning Platform (HeLP). The free course is called FSA Hemp Crop Acreage Reporting.

Yes, you can grow indoors as long as you register the location. Growing inside any enclosed area, whether a building, greenhouse, or hoop house, is considered “indoor” growing. You must register the indoor space as a separate grow location, even if you are only starting seeds there. Growing, processing, or storing hemp inside a residential dwelling is not permitted. 

Once you register your hemp fields with us, we will share your field location and contact information with local law enforcement, including the sheriff and the regional drug task force. For this reason, it is essential that you provide accurate field location information. 

Growing, processing, or storing hemp inside a residential dwelling is not permitted. Other than that, we do not put restrictions on hemp production locations as part of the hemp application and licensing process. You may be subject to township or city zoning ordinances, which you are responsible for knowing and complying with.

No, residents of other states may get a Minnesota Hemp Program license. The land that they grow hemp on must be in Minnesota. An MDA Hemp Program license only covers activities within the state of Minnesota. For example, a processor with locations in multiple states would only be covered by their MDA license for processing done within Minnesota.

A company may contract growers to produce hemp. Each individual grower must obtain their own MDA Hemp Program license.

A license holder can grow hemp on rented land as long as the landowner gives consent to allow hemp to be grown on their property, understands that the MDA will perform routine inspections and plant sampling in the fields and gives inspectors unrestricted access to the grow locations. The licensee must provide the MDA with the landowner's name and contact information. The licensee must make a copy of their Hemp Program license available to the land or building owner.

All first-time applicants and authorized representatives must pass a criminal history background check prior to the issuance of a license. An authorized representative means any individual authorized by the licensee to make changes to the license and share data on behalf of the licensee. The licensee remains responsible for compliance with the license requirements irrespective of the acts or omissions of an authorized representative.

• Licensees must report any stolen hemp to the MDA.
• A licensee may add or change grow and processing locations at any point during the license period. They must file a Change Request form to make changes, and pay additional location fees, if applicable. A licensee may not grow hemp at a site until it has been registered with the MDA and paid for. Growing hemp at an unlicensed location is a violation.
• An inspection may include an audit of the licensee's records and data, such as those pertaining to the acquisition, production, handling, selling, and disposal of all plants subject to M.S. Chapter 18K. Records must be maintained by the licensee for 3 years.

All individuals or businesses that wish to process or test raw hemp must obtain an MDA Hemp Program license. A hemp processor means a person or business that converts raw hemp into a product for commercial purposes. Processing means rendering hemp plants or plant parts from the natural or original state after harvest by refinement, such as, but not limited to, decortication, devitalization, extraction, crushing, or packaging. Typical farm operations such as sorting, grading, baling, drying, and harvesting are not considered processing under this definition. 

No processor may acquire or process raw hemp grown within Minnesota without acquiring a Fit for Commerce certificate issued by the MDA to the grower, specific to the lot being purchased. A processor using hemp which was obtained from outside of Minnesota must maintain a bill of lading, certificate of analysis, and other proper documentation demonstrating that the hemp was from a source approved through another state, tribal, or federal program. The licensee must retain such records for 3 years and produce them upon request of the MDA or law enforcement.

Processors may be inspected by the MDA. An inspection may include an audit of the licensee's records and data, such as those pertaining to the acquisition, production, handling, selling, and disposal of all plants subject to this chapter. Records must be maintained by the licensee for 3 years.

Processors shall not offer for sale any hemp products exceeding the 0.3% Total THC threshold.

Seeding too early can cause seedling mortality due to cold soils and pathogens. Ideal seeding dates for hemp production in Minnesota are between mid-May and mid-June. Soil temperatures should be at least 45- 50 degrees Fahrenheit. When growing for CBD production, many growers will transplant seedlings or clones into the field.

General seeding recommendations is between 20- 40 lbs per acre for grain production, and 40- 60 lbs per acre for fiber production. The populations of grain- and fiber-type hemp varieties will have a mixture of roughly 50/50 males and females. A lot of factors go into determining the optimal seeding rate for your field, including the variety, seed purity and germination, local conditions, etc. Most conventional drills and seeders will work for hemp. Use lower air volumes to avoid seed cracking. Seed shallowly (0.5”-1” maximum) into a firm seedbed. Avoid soil compaction and do not seed before a large rain event.

For CBD production, the plants are spaced much less densely, generally 1000- 2000 plants per acre. The plants are widely spaced to encourage branching and maximum flower development. CBD is produced in the female flowers. Only females are grown and male plants are removed to prevent pollination. If the female flowers are pollinated then the plant will put its energy towards seed production, and not cannabinoid production. 

Yes, you can grow certified organic hemp on organic land just as you would any other crop. The National Organic Program (NOP) does allow organic certification of hemp grain and fiber. They have indicated they may not certify cannabinoid extracts produced from hemp, but each local certifier may handle this matter differently. Please visit the MDA's Organic Agriculture website, the USDA/NOP website or contact a USDA Accredited Organic Certifier for more information.

The Hemp Program does not register pesticides to be used on hemp. However, the MDA's Pesticide and Fertilizer Management Division has a list of registered pesticides that can be used on hemp. Please visit the Registered Pesticides for Use on Hemp webpage for additional information. 

Yes, hemp has similar nutrient needs as canola and especially requires added nitrogen. Fertilize like rapeseed (Canola- Brassica napus) with 15% additional nitrogen. Conventional NPKS (nitrogen, phosphorus, potassium and sulfur) fertilization is recommended at the same levels required to grow rapeseed. Apply additional K and S wherever soils are deficient in these elements.

Hemp grain harvesting is generally done by straight combining, however swathing is also used. Visit the University of Wisconsin Extension's Industrial Hemp Agronomics guide for more information on hemp harvesting.

For CBD production, harvest is usually done by hand by cutting the whole plants and hanging in a barn to dry. Some growers will mechanize the process by modifying combines or other equipment to strip flowers/biomass from branches and then dry quickly with industrial dryers. Green flowers and biomass will heat and spoil quickly if not properly dried within hours of harvesting.

Generally, for grain-type varieties, crop maturity is between 90- 120 days after planting, depending on the variety and local climatic conditions. Hemp grain/seed is harvested when approximately 75 percent of the seeds are ripe and it starts to shatter. High winds can accelerate shattering. Bird predation can also be a major problem. Recommendations are to harvest at 18-20 percent moisture and immediately begin the drying process. Dry grain to 8-10 percent moisture for storage. Visit the University of Wisconsin Extension's Industrial Hemp Agronomics guide for more information on hemp harvesting.

When growing hemp for CBD production, the grower should be testing the crop regularly for CBD and THC levels. For most varieties, flowering is triggered by changes in day length. However, there are some auto-flowering varieties that are day-length independent and will flower after a set number of days. Most high-CBD varieties will flower for about 6 weeks before harvest occurs, typically at the end of September or early October. Most CBD growers will test their crop weekly during flowering. The goal is to harvest at the time when the hemp is at the peak CBD levels, but still under 0.3% Total THC.

Yields can vary widely depending on the variety, local climatic conditions, cultivation method, and grower experience. For grain, new growers have reported yields between 250- 700 lbs/acre. More experienced growers can expect between 800- 1,800+ lbs/acre.

For fiber, the average yield for dual-purpose crops (those varieties which are harvested for grain and fiber) is 0.75- 2 tons/acre. For hemp produced solely for fiber, the average yield is between 3-5 tons per acre.

For CBD, yields are between 0.5- 2 pounds of flower per plant. That would be approximately 1000- 4000 pounds per acre depending on planting density. 

The MDA Hemp Program has compiled a summary of THC Testing data for all regulatory samples that have been collected from 2016 through 2023. The document THC Test Results Summary by Variety lists the total number of samples collected for each variety and the average THC level across all samples. Please use this information for reference purposes only. There are many factors that affect the THC level of a mature plant--genetics, nutritional and light regime, and timing and method of sampling.

Different varieties are better for different purposes. Whether you chose to grow for fiber, grain, or CBD production will determine which varieties you will want to grow. You may refer to either the Health Canada List of Approved Cultivars for the 2017 Growing Season or the OECD List of Varieties eligible for seed certification (pages 132-133) (PDF) for top performing varieties for grain and fiber production.

In 2017, the University of Minnesota conducted an agronomic study of commercially available industrial hemp varieties to compare grain and oil yields across various agricultural regions of Minnesota. Please read the summary of the University of Minnesota variety trials for more information.

Varieties that are grown for CBD production will generally have 10% or higher CBD content and 0.3% THC or less at the time of harvest. Ideally the seed will be feminized to ensure only females grow. Growers sometimes will plant female clones to ensure all females are planted in the field. High-CBD, feminized seeds are expensive, generally $1 per seed. 

Once they are approved and licensed by the MDA, growers can obtain hemp seed from in-state, domestic, or international sources. Growers must ensure they are purchasing hemp which has been legally grown, tested by a regulatory authority, and proven to be legal hemp. Every lot of hemp grown in the MDA Hemp Program must have the seed label, invoice or bill of lading, and certificate of analysis (COA) for the parent plants showing that the THC levels were at or below 0.3%. Please contact the MDA Hemp Program for more information on ordering hemp seed.

Seed harvested by a licensed hemp grower can be saved or sold for propagation in the future as long as they are not prohibited from such activities by a Seed/Material Usage Agreement signed between the grower and the seed distributor. If a grower intends to plant hemp in subsequent years, they must renew their license. Certified hemp seed can only be produced by a hemp grower registered with the Minnesota Crop Improvement Association’s seed certification program. Growers should be aware that the genetics of the plants will change from one generation to the next when cross-pollination occurs. Studies conducted by the University of Minnesota have shown that the THC levels can rise substantially in the offspring. 

Any volunteer hemp plants growing in subsequent years must be destroyed, unless the licensee renews their license and registers that grow location. The licensee may not cultivate volunteer plants if they are prohibited from such activities by a Seed/Material Usage Agreement.

The initial labeler—the first person or company to label and sell seed in Minnesota—must have a seed permit. Permit categories and fees are determined by the type, intended use, and amount sold annually. Generally, those that only sell seed labeled by another person or firm do not need a permit. For more information about labeling hemp seed in Minnesota, click here. Please visit the MDA Seed Program for more information.

Breeding can be done by licensed growers as long as they are not contractually prohibited from such activities by a Seed/Material Usage Agreement. The license holder is required to have a quality control process in place and records to demonstrate that their seed breeding or seed production process meets the definition for hemp at each step. The MDA will test the initial and the final plant populations to confirm that THC levels meet the definition for hemp. The MDA will also audit the testing records annually during the breeding process to ensure the quality control process is in place. 

The MDA Hemp Program only covers hemp cultivation, processing, and marketing within the state of Minnesota. The United States Department of Agriculture (USDA) Domestic Hemp Production Program has federal oversight. Hemp is federally legal and interstate commerce is permitted. Please visit USDA's website for additional information.

The shipper should always carry a copy of the grower's license, a copy of the receiver's license, and the Fit for Commerce certificate or certificate of analysis from an accredited lab showing that the material was tested and is at or below the 0.3% Total THC threshold. 

Please contact the buyer and/or the receiving states' hemp regulatory program to find out specific rules or requirements that they might have. The shipper should always carry a copy of the grower's license, a copy of the receiver's license, and the Fit for Commerce certificate or certificate of analysis from an accredited lab showing that the material was tested and is below the 0.3% Total THC threshold. 

The Hemp Program does not provide grants nor do we facilitate granting opportunities. However, the MDA’s Ag Marketing Division does facilitate a variety of grants, which could be applied for and used by a license holder. Please visit the MDA’s Grant Opportunities page to learn more about this opportunity.

The Agriculture Utilization Research Institute (AURI) is a nonprofit created by the Minnesota state legislature to help develop new markets for Minnesota-grown agricultural products. They have resources and funding opportunities that are accessible to those who qualify for AURI assistance. Please visit AURI’s webpage to learn more.

Prices for hemp grain are widely fluctuating in the U.S. and in Minnesota specifically due to the infancy and constant development of the industry. According to the Alberta Agriculture and Forestry Department, the average hemp grain price in 2015 in Alberta was $0.74 per pound. Typical returns for hemp grain in the U.S. have been between $0.40-0.70 per pound for conventional, and $0.75-1.00 per pound for organic. Due to the volatile nature of the current U.S. hemp industry, growers are advised to secure a contract before they plant.

For high-CBD hemp, the market is changing very rapidly for a variety of factors. There is an exploding demand for CBD products and also an exponential growth in the number of hemp growers and processors each year, not just in Minnesota, but nationwide. Prices for high-CBD hemp flower in 2019 ranged between $3.00-$4.00 per pound of flower, per percent of CBD. For 10% CBD flower, this would equate to approximately $10,000- $60,000 per acre. Please refer to the Hemp Benchmarks website for up-to-date information regarding spot pricing for hemp.

The Alberta Agriculture and Forestry Department reported an average total production cost for hemp seed grown on dryland in 2015 at $409 per acre. With an average grain yield of 1,074 pounds per acre, that amounted to $0.38 per pound of hemp seed produced.

In Minnesota, hemp seed prices are widely variable based on the variety and the source. Imported seed has additional shipping and customs fees above and beyond domestically produced seed. Farmers should also consider the possibility of needing to buy or rent new harvesting equipment if they grow hemp. In 2016, hemp producers in Minnesota reported costs per acre between $970- $2,500 per acre. In 2017, initial reports indicate production costs of between $300- $600 per acre (does not include land cost).

When growing high-CBD hemp, the initial seed or plant cost is very high. At $1- 5 per seed, and 1500 plants per acre, the costs for seed alone is $1,500- $7,500 per acre. Costs for planting clones can be $10,000- $15,000 per acre. The labor costs are very high compared to conventional farming as well.

The market for hemp in the United States is growing and remains variable as the industry continues to develop. We encourage interested individuals to contact a hemp trade association to learn more about marketing opportunities, such as the U.S. Hemp Grower Association, the Hemp Industries Association, or the National Hemp Association. Minnesota has several associations that can help as well, including the Minnesota Cannabis Association (formerly MN Hemp Association) and the Minnesota Industrial Hemp Association.

Yes, certain hemp products may be exported to other countries, such as processed hemp foods, hemp grain, seed, fiber, etc. The requirements for export vary by the specific product and the importing country. Please contact the MDA’s Export Certification Program for more information.

You can make food products from the hemp seed or grain. The FDA granted GRAS ("Generally Recognized as Safe") status for three commonly sold hemp seed derived food ingredients: hulled hemp seed, hemp seed protein powder, and hemp seed oil. Products derived from the hemp seed contain only trace amounts of THC and CBD, which is why the FDA allows their sale. Please contact the MDA’s Food and Feed Safety Division at 651-201-6027 to find out more about legal hemp food products.

Visit the MDA's Hemp in Food FAQ for more information.

You can extract cannabinoids from hemp plants under your Hemp Processors license. You are responsible for ensure that Total THC levels in our final extracts are at or below the acceptable THC level.

The MDA Hemp Program does not regulate cannabis extracts, development and manufacturing of cannabis extracts or the retail and marketing of cannabinoid products. 

The Minnesota Office of Cannabis Management regulates the sale of hemp cannabinoid products for human consumption in Minnesota. As of July 1, 2022, this includes edible cannabinoid products which are intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and are not drugs. More information can be found on the Office of Cannabis Managment's website.

You need an MDA Hemp Program Processor license if you are processing raw hemp material for commercial purposes. This includes extraction of cannabinoids and other materials from raw hemp.

Although the MDA requires a processors license for extraction of raw hemp materials, we do not regulate cannabis extracts, development and manufacturing of cannabis extracts or the retail and marketing of cannabinoid products. If you are not processing raw hemp materials but are purchasing hemp extracts from a processor and processing those extracts further (whether into products or otherwise), you do not need an MDA Hemp Processors license. However, you may be subject to licensure under other state or federal laws.

The Minnesota Office of Cannabis Management regulates the sale of hemp cannabinoid products for human consumption in Minnesota. As of July 1, 2022, this includes edible cannabinoid products which are intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and are not drugs. More information can be found on the Office of Cannabis Managment's website.

At this time, hemp is not an approved ingredient for commercial animal feed other than for laying hens. There are various organizations and researchers throughout the U.S. that are studying the safety and value of hemp feed and conducting feed trials for eventual application to the FDA or AAFCO (Association of American Feed Control Officials). An individual farmer may feed hemp to their own livestock. Please contact the MDA Commercial Feed Program for more information.

No. The MDA Commercial Feed Program and Food and Drug Administration (FDA) regulations of pet food are similar to that for other animal food. That means hemp is not an approved ingredient for pet food either. An individual or company selling pet food with hemp ingredients in Minnesota would result in the products being withdrawn from distribution. Please contact the MDA’s Pet Food Program within the Commercial Feed Program for more information.