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USDA’s final rule for domestic hemp production took effect on March 22, 2021. It sets requirements for licensing, records, reporting, pre-harvest sampling and testing, disposal, compliance, and violations. The seven-part breakdown below organizes USDA’s broader categories for clarity; USDA does not publish them as an official numbered list of seven.
The rule applies to hemp production, not every product made from hemp. Which plan and procedures govern a grower depends on the location of the hemp-growing facility.
What does the USDA hemp rule require?
USDA’s final rule establishes requirements for state and Tribal hemp production plans and a USDA federal plan. It superseded the interim final rule and incorporated changes following public comments and lessons from the 2020 growing season. USDA reported receiving about 5,900 comments during rulemaking. USDA’s final-rule announcement and the current text of 7 CFR Part 990 provide the formal framework.
Which hemp license do I need in my state?
1. Licensing follows the facility’s location
A producer must be licensed or otherwise authorized under the program that applies where the hemp-growing facility is located. A state or Tribal plan may govern; the USDA federal plan is available where no state or Tribal plan is pending or approved. A USDA license is not a substitute for checking whether a state or Tribal program applies to the facility. Start with USDA’s Hemp Production page, then confirm the current licensing authority and plan requirements for the facility’s location.
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What records and reports do hemp growers need?
2. Keep land and facility information
The rule requires information to be maintained about the land where hemp is produced. The exact records and formats can depend on the applicable licensing program, so confirm them with that authority. USDA’s hemp resources page links to the rule and producer guidance.
3. Identify lots and report production to FSA
USDA’s FAQ describes operational reporting steps for licensed producers: establish an FSA Farm Profile, report hemp within 30 days of planting, and meet an annual July 15 reporting deadline. FSA-issued lot identification is used to track hemp through production and harvest. These instructions are time-sensitive; as of October 2026, growers should verify current reporting directions with their local Farm Service Agency office and licensing program rather than assume a form or deadline has not changed. USDA’s producer information and FAQ explain the process.
How soon before harvest does hemp need to be sampled?
4. Arrange pre-harvest sampling and total-THC testing
USDA’s FAQ says a sampling agent collects samples no more than 30 days before anticipated harvest. Testing must use post-decarboxylation or another similarly reliable method to determine total THC, which accounts for THC and the potential THC from THCA, and is reported on a dry-weight basis. The FAQ describes compliant hemp as containing no more than 0.3% total THC on a dry-weight basis. Follow the sampling and testing protocol required by the applicable plan; see USDA’s sampling and testing guidance.
What happens if hemp tests above the THC limit?
5. Dispose of or remediate non-compliant plants as directed
Plants exceeding the acceptable hemp THC level must be handled under the applicable disposal requirements. USDA provides remediation and disposal guidance, but there is no single procedure that should be assumed to fit every grower or plan. Contact the licensing authority before acting and consult the current USDA remediation and disposal materials.
How does USDA handle compliance and violations?
6. Follow the applicable plan’s compliance procedures
The rule includes compliance provisions and procedures for handling violations. The details depend on the governing state, Tribal, or federal plan. Producers should consult that plan and the applicable text of 7 CFR Part 990 for the specific requirements and consequences; a general summary cannot determine how a particular case will be handled.
Do hemp testing labs need DEA registration in 2026?
7. The requirement remains, but USDA says enforcement is delayed
The rule requires laboratories testing hemp for compliance to be registered with the Drug Enforcement Administration. USDA’s Hemp Production page currently says enforcement of this laboratory-registration requirement is delayed until December 31, 2026. That is an enforcement-delay date, not a repeal of the underlying requirement. USDA’s FAQ still lists the earlier December 31, 2025 date, so for current status rely on the fresher Hemp Production page rather than the outdated FAQ entry. Status checked October 7, 2026.
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Does a hemp production license cover hemp products and sales?
No. USDA’s cited authority concerns hemp production. Once compliant hemp leaves the farm, FDA and local governments regulate products made for human or animal consumption, and states and Tribes may impose additional manufacturing and retail requirements. A production license alone does not authorize every downstream product or sale. Check the rules that apply to the product and the place it will be made or sold.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Where should growers confirm the rules?
The program that applies, including reporting instructions and sampling protocols, depends on the facility’s location. Verify requirements with the relevant state or Tribal licensing authority or USDA program before planting, sampling, harvesting, or disposing of plants. USDA’s resources page links to the final rule, regulations, guidance, and producer and laboratory materials.
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