Current through 2024-38, September 18, 2024
A. Upon approval of an application, the
applicant for a grower license must pay the license fee. License fees are
determined by the hemp crop to be grown. License fees must be paid prior to
license issuance. All license fees are non-refundable for any reason.
1. A $100.00 license fee with no additional
per acre or square foot fee is required for growing hemp indoors or outdoors
exclusively for production of:
a. seedlings
for planting,
b. immature leafy
greens, or
c.
microgreens.
2. A $100.00
license fee with no additional per acre or square foot fee is required for
growing hemp exclusively for:
a. research
purposes in cooperation with a recognized educational institution where no
plant parts or derivatives will be used for commercial purposes or the entire
crop will be destroyed.
3. A $250.00 license fee with no additional
per acre or square foot fee is required for growing hemp indoors or outdoors
exclusively for the production of:
a. seed for
food oil or grain;
b.
fiber;
c. immature plants for human
or animal food or feed;
d. breeding
of new cultivars indoors on less than 100 square feet; or
e. soil remediation where no plant parts or
derivatives will be used for commercial purposes or the entire crop will be
destroyed.
4. A $500 plus
$50.00/acre fee is required for growing hemp for production of floral material,
viable seed or any other commercial purpose not listed in Section
III(A)(1) or (3) to
be planted outdoors and $500.00 plus $0.25 per square foot of growing area for
growing hemp for production of floral material, viable seed or any other
commercial purpose not listed in Section
III(A)(1) or (3) to
be planted indoors, as reported on the application. Indoor facilities that will
plant hemp on multiple levels within a structure shall calculate the square
feet of growing area by adding the surface area of each tier together. The
maximum license fee for an individual license agreement shall be $20,000.
Partial acreage or square footage should be rounded up to the next whole acre
or square foot.
5. All grower
license fees include THC lab analysis for one hemp lot. An additional fee of
$60.00 per additional lot must be submitted with the grower planting
report.
B. Grower
licenses are only for the site or sites listed in the license agreement.
Non-contiguous growing areas as defined in this rule require a separate
license.
C. Each applicant must
sign a license agreement. The failure of the licensee to comply with any term
or condition of the licensing agreement shall be grounds for license
revocation. By signing the license agreement, the grower licensee agrees to the
following terms and conditions:
1. Within 14
days after planting hemp seeds, seedlings or clones, the grower licensee shall:
a. submit a planting report;
b. submit any required sampling fees for
additional lots; and
c. provide the
street address and geospatial location for each lot or greenhouse where hemp
will be produced including all grow locations to the United States Department
of Agriculture, Farm Service Agency;
2. The grower licensee must allow the
inspection and sampling of the hemp crop at any and all times that the
Department deems appropriate;
3.
All records relating to production, planting, cultivation, and harvest of the
hemp crop must be kept for a period of 3 years. The records must be made
available to the Department upon request;
4. The Department may require reporting of
any information or data associated with the planting, cultivation, and harvest
of the hemp crop. The Department may also require reporting of the types of
commodities or products derived from the harvested hemp and manufactured or
sold within or outside the state. The grower licensee must submit all required
reports by the due dates specified by the Department; and
5. Grower licensees must comply with any
other terms and conditions the Department determines necessary for enforcing
the hemp law and these rules.
D. All grower licenses shall expire on April
30 of the year following the growing season. Licensees must re-apply to
participate in the program each year. All outdoor grown hemp plant material
must be planted and harvested within the licensing period. Indoor grown hemp
must be planted within the license period, and harvesting can take place in a
concurrent license period after license renewal that occurs within 30 days of
the previous license expiration.
E.
No hemp plants shall be included in other licensed cannabis production
programs. No growing area may contain Cannabis sativa
L. plants which the licensee knows or has reason to know are
of a variety that will produce a plant that, when tested, will contain more
than 0.3% total THC on a dry weight basis or as otherwise defined in federal
law.
F. Amendments to an existing
grower license are limited to reduction in the number of acres or square
footage planted within the original growing area and changes to contact
information.
1. Any grower licensee who
wishes to reduce the growing area for hemp cultivation must submit to the
Department, within 10 days of planting, an updated detailed description of the
growing area including global positioning system location and map or a new
floor plan for an indoor facility for each lot.
2. Additions to the original growing area
must be done through a new grower license application and new license
agreement.
3. Annual grower license
fees are calculated based on the acreage reported in the application. No
reimbursements of license fees shall result from a reduction in the actual
number of acres or square footage of hemp planted during any licensing
year.
4. Any changes related to the
information required under Section
II(C) of this rule
must be reported to the Department within 10 days of the change.
5. Grower licenses are
non-transferrable.
