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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.