Hemp has long been known to be a plant that produces some of the strongest natural fiber in the world. However, due to it being in the cannabis plant family (closely related to marijuana), it has historically been illegal to produce. The 2018 Farm Bill changed the status of hemp and legalized production.
The Farm Bill was passed by Congress but it allowed each state to have primary regulation over hemp production. On Oct. 9, the Ohio Department of Agriculture (ODA) released its rules on hemp production and processing.
The ODA regulations included the following:
Cultivation licenses. Anyone wanting to produce hemp in Ohio must receive a hemp cultivation license from ODA. License applications must be submitted to ODA between Nov. 1 and March 31, and the licenses are good for three years. The applicant for the license must disclose information such as who will have an ownership interest in the operation, each location where the hemp will be grown, maps of fields where the hemp will be grown, and who is primarily responsible for the management and control of the operation. The applicant and anyone with a controlling interest must submit to a criminal records check. ODA requires a $100 license fee and an additional fee of $500 for each growing location.
Production restrictions. The regulations are clear that only cannabis that is hemp may be produced. ODA obviously wants to ensure marijuana production is not disguised as hemp production. Additionally, hemp may not be grown, handled or stored within 100 feet of a residence or 500 feet of a school or public park. Hemp may not be grown on less than a quarter-acre, indoors on 1,000 square feet, or in in a quantity of less than 1,000 plants without approval from ODA. Again, it would seem ODA is striving to ensure hemp is being grown commercially, and not only a few plants to disguise marijuana production.
Harvest. Growers must submit a report to ODA at least 15 days before the intended harvest date. ODA will sample the crop for THC (tetrahydrocannabinol, the psychoactive compound in marijuana). If the THC level is less than 0.3%, the producer may proceed with harvesting the crop within 15 days of the test results.
Random sampling. ODA may randomly sample hemp grown by any producer at any location. If the test results in a THC level of greater than 0.3%, any leaf, seed or floral material from the plants must be destroyed. The producer may retain the bare plant stalks to be harvested for fiber. ODA gives the producer the option of requesting a second test before the crop material must be destroyed.
Reporting. Producers will be required to provide significant production information to ODA. Planting plans must be submitted to ODA by July 1 or within 15 days of planting, which includes location, number of acres, variety name and primary intended use. Producers must also provide a completed production report by Dec. 31 of each year. The production plans must be kept for at least three years.
Volunteer plants. Producers must scout and monitor previously planted or unused fields for volunteer hemp plants for a period of three years past the date of the reported planting. Any volunteer plants must be destroyed. Failure to monitor and/or destroy volunteer plants can result in ODA destroying the plants and assessing the costs to the producer.
Pesticide and fertilizer. The only rule unique to hemp in regard to pesticide and fertilizer is that the longest of any planting restriction interval on the product label shall apply. Other than that rule, the pesticide and fertilizer laws and rules that apply to other crops apply to hemp.
The legalization of hemp provides another opportunity for farmers to expand their production portfolio. Hopefully, hemp will become a profitable and viable crop for commercial production in Ohio. As discussed above, hemp production is regulated more heavily than most other crops. Before beginning production, producers should make sure they are familiar with the laws, rules and regulations of hemp production. This article only covers some of the regulations implemented by ODA; producers should be sure to thoroughly review all regulations.
Contact Moore, an attorney with Wright & Moore Law Co. LPA, at [email protected] or 740-990-0751.
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