Idaho Administrative Code
Title IDAPA 02 - Agriculture, Department of
Rule 02.01.07 - RULES GOVERNING HEMP
Section 02.01.07.300 - LICENSES

Universal Citation: ID Admin Code 02.01.07.300

Current through September 2, 2024

01. Requirement. Any person or entity shall have an active hemp license from the Department for planting, propagating, producing, handling, or processing hemp in Idaho.

02. Application. An applicant for a producer or handler license must apply on a form prescribed by the Department.

a. An applicant and any key participants must include in the application a criminal history report conducted as a fingerprint background check by the Idaho State Police or Federal Bureau of Investigation completed no more than sixty (60) days before the application submission.

03. Annual Application Period and Fees. The application period is September 1 through December 31 of each year for the next calendar year, or a late fee of two hundred fifty dollars ($250) applies to each late application. Applications must be complete and include a nonrefundable application fee according to Subsection 301.01 of this rule.

04. Application Approval. An applicant will be notified when the application has been approved or denied. Upon notification of approval of a license application, the applicant must remit to the Department the appropriate license fees according to Subsection 301.01 of this rule. Upon receipt of payment of the license fee, the license will be issued.

05. License Not Transferable. All licenses are non-transferable.

06. Producer License. A producer license authorizes a person or entity to obtain and possess hemp seed for planting; to cultivate and harvest hemp; to transport their own hemp crop; to dispose of or remediate their own hemp; as well as possess and market plant parts.

07. Handler License. A handler license authorizes a person or entity to obtain and possess hemp, including seed, for processing but not intended for the license holder's own cultivation.

08. Ineligibility. No license will be issued to an ineligible person or entity.

a. A person who has had a hemp license revoked by the Department, USDA, another state, Indian nation, or U.S. territory is ineligible to apply for participation in the hemp program for a period of five (5) years from the date of revocation.

b. A person who has been convicted of a felony relating to a controlled substance under federal law or the law of any state may not, before the tenth anniversary of the date of the conviction, hold a license, or be a key participant, or be a governing person of a business entity that holds a license unless the person was lawfully growing hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before December 20, 2018.

c. A person who materially falsifies any information contained in a license application to the Department, or submitted an application to the Department, USDA, another state, Indian nation, or U.S. territory with any materially false statements or misrepresentations is ineligible for a license.

d. A person under the age of eighteen (18) years of age at the time the application is submitted to the Department is ineligible for a license.

e. A person or entity with three (3) negligent violations in a five (5) year period is ineligible to produce hemp for a period of five (5) years from the date of the third violation.

09. License Expiration. A license is valid from January 1 until December 31 of each year, except for a license issued as a result of a late application which is valid from date of issuance until December 31 of that year.

10. License Amendment. Any change to the required information on an approved license requires a licensee to submit a license amendment on a form prescribed by the Department within ten (10) business days of the change. Changes may be subject to Subsection 301.01 of this rule.

11. Additional Responsibilities. A license holder must notify the Department of any theft of hemp materials, whether growing or not, within forty-eight (48) hours of discovery.

12. Suspension. A hemp license may be suspended when a licensee has engaged in conduct violating hemp law or rule, or when a licensee failed to comply with a written order related to a negligent violation.

a. A suspended license may be restored after a waiting period of one (1) year.

b. Any person or entity whose license has been suspended may be required to comply with a corrective action plan to fully restore the license.

13. Revocation. A hemp license will be revoked if the licensee:

a. Pleads guilty to, or is convicted of, any felony related to a controlled substance; or

b. Made any materially false statement with regard to this rule to the Department with a culpable mental state greater than negligence; or

c. Was found to be growing cannabis exceeding the acceptable hemp THC level with a culpable mental state greater than negligence; or

d. Negligently violated law or rule three (3) times in five (5) years.

14. No License For Official Duties. Department employees and law enforcement are not required to have a license for handling hemp in performance of official duties.

Effective March 15, 2022

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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