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15.01.17.00.htm 15.01.17.00. Title 15 MARYLAND DEPARTMENT OF AGRICULTURE Subtitle 01 OFFICE OF THE SECRETARY Chapter 17 Hemp Farming Program Authority: Agriculture Article, §14-307, Annotated Code of Maryland
15.01.17.01.htm 15.01.17.01. 01 Purpose.. This chapter explains the Maryland Department of Agriculture’s Hemp Farming Program, which licenses and regulates the production of hemp in the State. This chapter does not apply to an institution of higher education or a person who produces hemp under the Hemp Research Pilot Program. As required by State law, the Program has been approved by the United States Department of Agriculture.
15.01.17.02.htm 15.01.17.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Acceptable hemp THC level” means the application of the measurement uncertainty to the reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis producing a distribution or range that includes 0.3 percent or less.2) “Applicant” means a person, or for a business entity, a person authorized to act on behalf of the business entity, who app
15.01.17.03.htm 15.01.17.03. 03 Prohibition Against Growing or Producing Hemp Without a License.. A person may not cultivate or produce hemp under the Program unless the person is licensed by the Department in accordance with this chapter.
15.01.17.04.htm 15.01.17.04. 04 Contents of Application and Licensing Terms.. A. Contents. To obtain a license to cultivate or produce hemp under the Program, a person shall annually submit a signed, complete, accurate, and legible Departmental application that provides:1) The applicant’s full name, business or residential address, telephone number, and email address (if the applicant is a business entity, the full name of the business, the address of the principal business location, the ful
15.01.17.05.htm 15.01.17.05. 05 Licensing Period.. A person may apply to become a licensed grower at any time during a calendar year. Unless suspended or revoked, a license to grow hemp under the Program is valid from the date it was issued through December 31 of the same year. To ensure continuity of the license, a licensed grower shall submit to the Department an application to renew the person’s license no later than December 1 of the year that the license is due to expire. A license issued un
15.01.17.06.htm 15.01.17.06. 06 Fees.. The following nonrefundable fees apply to hemp growers:. A. An annual application fee ― $50;. B. An annual license fee ― $500;. C. A fee for each additional location owned or controlled by a grower with a different mailing address ― $500;D. A fee each time that the Department samples and tests official samples for THC ― $250; and. E. A site modification fee if the GPS coordinates listed in the application are changed ― $250..
15.01.17.07.htm 15.01.17.07. 07 Prohibited Acts.. A. A licensed grower may not:. 1) Grow or store hemp in a structure that is used for residential purposes;. 2) Plant, grow, or store hemp on any site that is not located within the licensed area;. 3) Display or exhibit live hemp plants, viable seeds, or floral materials at trade shows, county fairs, or educational or other similar events without written permission from the organizer of the event;4) Allow unsupervised public access to hemp plots or plantings;.
15.01.17.08.htm 15.01.17.08. 08 Grower Reporting Requirements.. A. Field Planting Report.. 1) Within 10 days after planting, a licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Field Planting Report that includes:a) The licensed grower’s full name and contact information;. b) The license number;. c) The planting date and anticipated harvest date;. d) The hemp’s variety name;. e) The field location ID listed in the application;.
15.01.17.09.htm 15.01.17.09. 09 Regulatory Inspections of Hemp Operations.. A. Annual Inspections. The Department shall conduct annual inspections of, at a minimum, a random sample of licensed growers and collect regulatory samples of hemp to verify that hemp is not being produced in violation of this chapter.The Department shall conduct these inspections during normal business hours. The Department may conduct these inspections without notice.B. Additional Inspections. If the Department has r
15.01.17.10.htm 15.01.17.10. 10 Sampling and Testing for THC.. A. A licensed grower may request the Department or an authorized agent to collect official samples of hemp for testing under §D of this regulation.B. Official Sampling Methodology.To ensure a confidence level of 95 percent that no more than 1 percent of the plants in a lot exceeds the acceptable hemp THC level, official samples collected by the Department or an authorized agent shall be done in accordance with the Department’s sampling methodo
15.01.17.11.htm 15.01.17.11. 11 Prerequisites for Placing Hemp in Commerce.. A. A licensed grower may not co-mingle, transport, transfer, sell, market, process, or otherwise dispose of hemp pending a THC analysis by the Department or an authorized laboratory.B. To place hemp in the stream of commerce, test results shall confirm that the final product batch contains no more than 0.3 percent delta-9 THC on a dry weight basis using the method’s determined measurement uncertainty; and all such testing result
15.01.17.12.htm 15.01.17.12. 12 Nonmarketable Hemp.. A. Upon receipt of a failing test result, a licensed grower may request resampling and retesting of the varieties in question. If no retest is requested, or the retested sample is greater than 0.3 percent THC, the area represented by the sample, or any harvested hemp from the area represented by the sample shall be disposed of as provided in Regulation .13 of this chapter. The grower shall retain all such testing results and make them available t
15.01.17.13.htm 15.01.17.13. 13 Grower’s Duty to Dispose of Nonmarketable Hemp.. A. The costs of disposal of nonmarketable hemp plants and products derived from such plants are the responsibility of the grower.B. The grower shall notify the Department immediately upon receipt of a test report determining that any portion of the crop tests positive for a prohibited amount of THC.C. If hemp is deemed nonmarketable (that is, the plants exceed the acceptable hemp THC level) the Department shall:
15.01.17.14.htm 15.01.17.14. 14 Sanctions for Violating the Department’s Hemp Farming Program.. A. Except as provided in §B of this regulation, the Department, upon notice and an opportunity to be heard, may deny a license application or suspend or revoke a license to produce hemp under the Program, if the person:1) Fails to comply with the Department’s plan for monitoring and regulating the production of hemp;. 2) Misrepresents the legal description of land on which hemp is produced;.
15.01.17.15.htm 15.01.17.15. 15 Notice, Hearings, and Appeals.. A. Notice. If it determines that sanctions are warranted against a person under Regulation .14 of this chapter, the Department shall provide the person written Notice of the Violation via regular mail, certified mail, or personal service that includes:1) The facts that are asserted pertaining to the violation;. 2) The pertinent statutory and regulatory sections under which the Department is taking its action;. 3) The Department’s deter
15.01.17.16.htm 15.01.17.16. 16 Department Reports to USDA.. A. By the first of each month, the Department shall file with USDA a report on each licensed grower with the following information:1) For each new licensee that is an individual, the report shall include:. a) The full name of the individual;. b) The license number and status;. c) The business address;. d) Telephone number and email address (if applicable) and. e) A legal description and GPS coordinates for each field, greenhouse, indo
15.01.17.17.htm 15.01.17.17. 17 Public Records.. A. Any public record held by the Department is subject to inspection and release only as provided by the Maryland Public Information Act.B. The Department shall release to USDA record information about each hemp grower in a timely manner, as required by the United States Secretary of Agriculture.
15.01.17.18.htm 15.01.17.18. 18 Criminal Penalties.. In addition to any other penalty provided by law, a person who violates this chapter may be subject to criminal penalties under Agriculture Article, §12-101 et seq. Annotated Code of Maryland.
15.01.17.19.htm 15.01.17.19. 19 Enforcement.. The Department shall report a person to the United States Attorney General and the Maryland Attorney General who knowingly:A. Fails to comply with the Department’s plan for monitoring and regulating the production of hemp;. B. Misrepresents the legal description of land on which hemp is produced;. C. Produces hemp without a valid license;. D. Produces plants, or any part of a plant, that exceeds a delta-9-tetrahydrocannabinol concentration of 0.3 percent on a dry
15.01.17.9999.htm 15.01.17.9999. Administrative History Effective date: November 1, 2020 (47:21 Md. R. 904).
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