Cannabis Law Glossary
USDA Hemp Program
Definition
The federal regulatory program established by the 2018 Farm Bill under USDA authority that governs commercial hemp production, including licensing, testing, disposal, and state/tribal plan approval.
What Is the USDA Hemp Program?
The USDA Hemp Program — administered by the Agricultural Marketing Service (AMS) — is the federal regulatory framework governing commercial hemp production under the Agriculture Improvement Act of 2018 (2018 Farm Bill). It establishes minimum federal standards for hemp cultivation and allows states and tribes to develop their own hemp regulatory plans, subject to USDA approval.
Key Program Components
State and Tribal Plans: States and tribes can submit hemp regulatory plans to USDA for approval. Approved plans allow states to license and regulate hemp growers under their own rules, provided those rules meet or exceed USDA minimum standards. States without approved plans fall under the USDA's federal hemp plan.
Licensing: All hemp producers must obtain a license from either their state, their tribe, or the USDA (for states without an approved plan). Licenses require background checks and exclude individuals convicted of felony drug charges within the prior 10 years.
Testing: Hemp must be sampled and tested within 15 days of anticipated harvest by a USDA-approved DEA-registered laboratory. Sampling must be performed by a federal or state official. Results must confirm delta-9 THC concentration at or below 0.3% on a dry weight basis.
Disposal: Hemp that tests above 0.3% delta-9 THC ("hot hemp") must be disposed of under DEA protocols, typically by destruction. There is no remediation pathway for hot hemp under federal rules (some states have enacted limited remediation programs for material close to the threshold).
Negligent Violations: Hemp producers who grow hot hemp and violate the 0.3% threshold for the first time are treated as negligent violations rather than criminal violations — unless the excess is significant or repeated.
State Plan vs. Federal Plan
Most states have received USDA approval for state hemp plans. States without approved plans — or states that have not enacted their own hemp laws — operate under the USDA federal plan, which requires direct USDA licensing.
Related Terms
See also: [2018 Farm Bill](/glossary/2018-farm-bill), [2014 Farm Bill](/glossary/2014-farm-bill), [Delta-9 THC](/glossary/delta-9-thc), [Cannabis Tribal Jurisdiction](/glossary/cannabis-tribal-jurisdiction)
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