An MDA inspector must take plant samples for THC testing within 30 days of harvest. The license holder is responsible for notifying the MDA of the hemp lots they've planted by filing a Planting Report form. Please contact the Hemp Program staff to request the Planting Report form. Once we receive your report, we will schedule your inspection and sampling. Inspectors take 30 cuttings per lot, the top 5 inches of the female flowers. At least 75% of the plants must be flowering in order for us to take samples, and there must be at least 5 inches of female flower vertically along the stem. Each variety is considered a separate lot and must be sampled separately. The grower will be invoiced for any extra inspections/tests beyond the first one.
If you aren't sure when your harvest will occur, you can either send a picture of your plants along with your form or write a description of the growth stage that your plants are at. That will help us to determine the proper time for the inspection. Please be advised that all hemp crops must be tested by the Minnesota Department of Agriculture, pass the THC Test, and have an issued Fit for Commerce certificate prior to transferring ownership of the crop. Selling or transferring ownership of hemp crop without a Fit for Commerce certificate is a violation.
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.
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.
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.
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.
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.
