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.
All hemp produced in Minnesota must be sampled and tested within the 30 day window prior to harvest. Every hemp variety planted is considered a separate lot and must be reported and tested separately. The licensee will be invoiced for each sample taken. The fee of one THC test is $100. If they have more than one variety, each one will be sampled separately and invoiced after the inspection at $100 per additional variety. If they require more than one inspection at a location during the year then they will be invoiced $250 for the additional inspection, plus $100 per additional THC test beyond the first one.
All hemp produced in Minnesota must be sampled and tested within the 30 day window prior to harvest. Every hemp variety planted is considered a separate lot and must be reported and tested separately. The licensee will be invoiced for each sample taken. The fee of one THC test is $100. If they have more than one variety, each one will be sampled separately and invoiced after the inspection at $100 per additional variety. If they require more than one inspection at a location during the year then they will be invoiced $250 for the additional inspection, plus $100 per additional THC test beyond the first one.
All hemp growers are required to report their hemp acreage to their local FSA offices. Hemp growers must first report their planted hemp lots to the FSA within 10 days of planting, and then report to the MDA within 10 days after that. This requirement applies to all hemp growers and all hemp lots, including indoor hemp growers. Please refer to the FSA handout Acreage Reporting Related to Hemp Production, and contact your local FSA office for more information. There is also training available through the United States Department of Agriculture, Agriculture Marketing Service, Domestic Hemp Production Program's eLearning Platform (HeLP). The free course is called FSA Hemp Crop Acreage Reporting.
All hemp growers are required to report their hemp acreage to their local FSA offices. Hemp growers must first report their planted hemp lots to the FSA within 10 days of planting, and then report to the MDA within 10 days after that. This requirement applies to all hemp growers and all hemp lots, including indoor hemp growers. Please refer to the FSA handout Acreage Reporting Related to Hemp Production, and contact your local FSA office for more information. There is also training available through the United States Department of Agriculture, Agriculture Marketing Service, Domestic Hemp Production Program's eLearning Platform (HeLP). The free course is called FSA Hemp Crop Acreage Reporting.
Yes, you can grow indoors as long as you register the location. Growing inside any enclosed area, whether a building, greenhouse, or hoop house, is considered “indoor” growing. You must register the indoor space as a separate grow location, even if you are only starting seeds there. Growing, processing, or storing hemp inside a residential dwelling is not permitted.
Yes, you can grow indoors as long as you register the location. Growing inside any enclosed area, whether a building, greenhouse, or hoop house, is considered “indoor” growing. You must register the indoor space as a separate grow location, even if you are only starting seeds there. Growing, processing, or storing hemp inside a residential dwelling is not permitted.
Once you register your hemp fields with us, we will share your field location and contact information with local law enforcement, including the sheriff and the regional drug task force. For this reason, it is essential that you provide accurate field location information.
Once you register your hemp fields with us, we will share your field location and contact information with local law enforcement, including the sheriff and the regional drug task force. For this reason, it is essential that you provide accurate field location information.
Growing, processing, or storing hemp inside a residential dwelling is not permitted. Other than that, we do not put restrictions on hemp production locations as part of the hemp application and licensing process. You may be subject to township or city zoning ordinances, which you are responsible for knowing and complying with.
