NEWS: The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) has adopted an updated emergency rule effective May 3, 2021 for the state hemp program.
The rule takes advantage of the extended states’ authority to operate hemp research programs offered in Section 782 of the Consolidated Appropriations Act. For the second time, this gives states’ more time to develop a United States Department of Agriculture (USDA)-approved State Plan, this time by extending the 2014 Farm Bill expiration date to December 31, 2021. This change allows states to avoid switching program authority during the growing season. States and tribes now must have a plan approved by USDA by December 31, 2021 in order to continue primary jurisdiction over hemp programs. If that deadline is not met, the USDA would take over hemp licensing in the state.
The emergency rule includes the following new program rules:
- Retesting: In the event of a failed regulatory test with a total delta-9 THC content above 0.3 percent, a licensed grower may request the retest of the retained portion of the lot’s initial sample or remediated sample. The fee for a retest is $200.
- Remediating: In the event of a failed regulatory test with a total delta-9 THC content above 0.3 percent, a licensed grower may request to remediate their hemp lot consistent with the remediation options available in the USDA’s final rule. After remediation, the remediated lot will be sampled and tested. The fee for the sampling and testing of a remediated lot is $300.
- Limiting the number of negligent violations to one per year.
- Raising the level of total delta-9 THC that constitutes a negligent violation from 0.5 percent to greater than 1.0 percent, consistent with the USDA’s final hemp rule.
Visit DATCP’s Hemp Research Program page for more information on this topic.
Other helpful hemp resources include:
- NCUA Regulatory Alert: Serving Hemp Businesses, 19-RA-02, August 2019,
- NCUA Regulatory Alert: Additional Guidance Regarding Servicing Hemp-Related Businesses, 20-CU-19, June 2020,
- FinCEN, NCUA & banking regulators: Providing Financial Services to Customers Engaged in Hemp-Related Businesses, December 2019.