Minnesota Hemp Rule Finalized
Minnesota’s temporary rule regarding industrial hemp has been adopted. The Minnesota Department of Agriculture (MDA) conducted the expedited rulemaking process to bring the state’s Industrial Hemp Program in line with the state plan approved in May by the U.S. Department of Agriculture (USDA).
The rule outlines the production and regulation of hemp in Minnesota, including licensing, testing, and reporting requirements. The rule can be found on the Minnesota Revisor’s website.
Some details of the rule include:
- A hemp crop must be tested no more than 30 days before harvest to ensure the plants fall below the 0.3% total tetrahydrocannabinol (THC) level.
- Regulatory sampling of fields is based on risk factors of the crop.
- Remediation is allowed if hemp plants exceed the 0.3% total THC threshold but test under 1% total THC.
- A grower cannot be assessed more than one negligent violation in a year. Those with three negligent violations in five years will be ineligible for a license for five years.
This temporary rule is effective until Aug. 16, 2023. The MDA will conduct a formal rulemaking process prior to the 2023 expiration.
A license from the MDA is required for individuals and businesses to grow, process, research, or breed hemp in the state. A license must be renewed on an annual basis. Anyone growing on tribal lands within a reservation’s boundaries or other lands under tribal jurisdiction (e.g., trust lands off-reservation) must obtain a license from the tribe or the USDA if the tribe does not have an approved hemp production plan.
Questions about the MDA’s Industrial Hemp Program should be sent to [email protected] or 651-201-6600.