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2023 Hemp & CBD State Licensing Guide
United States Hemp & CBD Product License Guide
State Hemp Licenses Map Legend
🟥 State Hemp License required to Sell & Manufacture Hemp-derived Products as well as Grow, Process (extract), and Handle Industrial Hemp.
🟨 No Hemp License required to Sell Hemp-derived products. However, there are additional licenses or restrictions required to Manufacture Hemp-derived Products. A state hemp license is also required to Grow and Process (extract)/Handle Industrial Hemp.
🟩 No Hemp License required to Sell & Manufacture Hemp-derived Products. A USDA or state hemp license is required to Grow and/or Process (extract)/Handle Industrial Hemp.
Do I need a license to Manufacture or Sell CBD Products in
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Alabama
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Alaska
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Arizona
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Arkansas
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California
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Colorado
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Connecticut
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Delaware
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Florida
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Georgia
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Hawaii
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Idaho
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Illinois
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Indiana
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Iowa
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Kansas
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Kentucky
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Louisiana
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Maine
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Maryland
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Massachusetts
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Michigan
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Minnesota
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Mississippi
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Missouri
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Montana
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Nebraska
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Nevada
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New Hampshire
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New Jersey
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New Mexico
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New York
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North Carolina
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North Dakota
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Ohio
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Oklahoma
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Oregon
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Pennsylvania
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Rhode Island
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South Carolina
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South Dakota
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Tennessee
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Texas
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Utah
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Vermont
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Virginia
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Washington
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West Virginia
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Wisconsin
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Wyoming
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- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Are you starting a CBD Company, Hemp Farm, or hemp-derived manufacturing facility? If so, it’s important to understand what licenses are required in your state and find out if there are any restrictions on certain hemp-derived products. The Hemp and CBD industry can be quite complicated with new laws and licensing coming out every day. Because Hemp Lively works with new and established Hemp and CBD brands and hundreds of hemp-derived product retailers across the United States, we decided to put together this State-by-state hemp & CBD licensing guide. We’ll walk you through what licenses are required in each state to grow and process industrial hemp, manufacture hemp-derived products like CBD Oil or Delta 8 Gummies, and sell CBD products online or in your retail store. Each state has a breakdown of all available licenses and links to either apply online or download your state’s hemp license application. We’ve also given you valuable links to state provided online licensing resources, a list of each state’s governing bodies, state hemp laws and regulations, USDA approved Hemp Plan, banned product types, other applicable licenses such as a food permit, and answers to frequently asked questions. We highly recommend you read every state’s licensing requirement. There are some states that require out-of-state manufacturers and CBD product distributors and ecommerce CBD companies to obtain state licenses to sell products in their state. However, if you’re in a rush, click on any state in the map below to get right to your state.
A Message from the Author
Ensuring you are compliant in this ever-changing industry can be a daunting task. Some states are very clear while others have 5 different governing bodies overseeing multiple licenses. Over 300 hours went into the research for this article. All information is current as of the beginning of 2023. I’ve personally tried to give you accurate information on all aspects. However, I always recommend reaching out to the state you’re in if you have any questions. You can’t always rely on the information they’ve published online being current. I’d also like to point out that there is more incorrect information on the internet than accurate information, especially when it applies to laws regarding hemp and delta 8. I can’t begin to tell you how incorrect the first 10 Pages of Google are on this subject. Which is why, I’ve spent hundreds of hours trying to provide new cannabis entrepreneurs with accurate information and valuable tools to help jumpstart your hemp or CBD business. I’ve written over a dozen other cannabis business guides that are all based completely on my own experiences working through all the growing pains this industry has to offer and gladly share my experiences with you. Don’t forget to check out more of our cannabis business resources in our blog including up to date Delta 8 State Laws and a 22,000-word in depth Tutorial on How to Start your own CBD Company step by step. If you have any questions on state licensing, compliance issues, or would like more information on a Hemp Lively Wholesale Account, Private Label Manufacturing Services, or would like to buy bulk hemp gummies, please give us a call at (850) 299-9624.
To your success!
David McGinnis
Hemp Lively
CBD & Hemp Licensing Laws by State
Alabama (AL)
Alabama Hemp & CBD License Requirements
Industrial hemp is governed by the Alabama Department of Agriculture & Industries (ADAI). To grow hemp, you’ll need a Hemp Grower License. To process hemp, which includes both extraction and manufacturing into finished hemp-derived products, you’ll need a Hemp Processor License. Cannabinoids cannot be infused into food at a restaurant or other food establishment or in baked goods or drinks if they are manufactured in Alabama. However, food products manufactured in other states are allowed to be sold to consumers. It is legal for food establishments to sell CBD separately and have the customers add it to their food. Gummy and other candy manufacturers would need both a Hemp Processor License and a Permit to Operate Food Processing Facility from the Alabama Department of Public Health.
A hemp license is not required to sell hemp-derived products in Alabama as it does not fall under the prevue of the ADAI. However, there may be local county restrictions so remember to check with your county or city.
➖Manufacture (State Registration Required)
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Alabama?
The Alabama Department of Agriculture & Industries (ADAI) is in charge of the Alabama Industrial Hemp Program.
The Alabama Department of Public Health is in charge of Food Processing Facilities should you manufacture, for example, CBD gummies.
Which Alabama State Agency is in charge of Hemp farming?
The Alabama Department of Agriculture & Industries (ADAI) oversees hemp farming. You’ll need a Hemp Growers License to cultivate hemp in Alabama.
Which Alabama State Agency is in charge of consumable hemp products?
The Alabama Department of Agriculture & Industries (ADAI) is in charge of licensing finished hemp-derived product manufacturers who make consumable hemp products. To manufacture hemp-derived products, you’ll need to obtain a Hemp Processors license.
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Alabama.
Alabama Department of Agriculture & Industries (ADAI)
Below are some links to the ADAI’s website with information regarding Alabama’s industrial hemp program.
Alabama Department of Agriculture & Industries (ADAI) Industrial Hemp Program
Alabama Department of Public Health
Alabama Department of Public Health
APPLICATION FOR A PERMIT TO OPERATE FOOD PROCESSING FACILITY
Alabama Department of Public Health Bureau of Environmental Services
Position on Enforcement of CBD in foods
Does not permit CBD or other cannabinoid infused edibles and drinks to consumers. This includes baked goods, coffee, and beer.
Alabama Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Alabama state hemp license and get links to apply online or download the application.
Alabama has also published a Pre-Application Helpful Hemp Information Packet (PDF) to help guide you through the application process.
Alabama Hemp Grower License
Alabama Hemp Processor/Handler License
Alabama State Food Processing Permit
State Laws
Alabama Hemp Plan
Alabama Hemp Law
Alabama Administrative Code
Alabama Industrial Hemp Research Program Act
Section 2-8-380 Short title. This article shall be known and may be cited as the Alabama Industrial Hemp Research Program Act. (Act 2016-293, §1.)
Section 2-8-381 Definitions. As used in this article the following words shall have the following
meanings:(1) DEPARTMENT. The Department of Agriculture and Industries.
(2) GROWER. Any person, business entity, or cooperative licensed to grow industrial hemp by the department or an institution of higher education pursuant to this article.
(3) HEMP PRODUCTS. Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and seed for cultivation if the seeds originate from industrial hemp varieties.
(4) INDUSTRIAL HEMP. All parts and varieties of the plant Cannabis sativa, cultivated or possessed by a licensed grower, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all…
Section 20-2-2 manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. Such term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include industrial hemp as defined in Article 11 of Chapter 8 of Title 2.
Resources
Labelling
AL Nutrition Facts Labeling Services
AL Food Product Label Requirements
Frequently Asked Questions
Below you’ll find a list of commonly asked questions about the Alabama Hemp Program. Or you can visit Alabama’s FAQ Page.
Do you need a license to Sell CBD products in Alabama?
No. You do not need a state license to sell CBD products in Alabama. Retail sale of CBD products does not fall within the regulatory authority of the Alabama Department of Agriculture and Industries’ Plant Protection Division. It is governed by the Farm Bill which only requires hemp-derived products to contain less than 0.3% Delta 9 THC.
Do you need a license to Sell hemp-derived products in Alabama?
No. You do not need a state license to sell CBD products in Alabama. Retail sale of hemp-derived products does not fall within the regulatory authority of the Alabama Department of Agriculture and Industries’ Plant Protection Division. It is governed by the Farm Bill which only requires hemp-derived products to contain less than 0.3% Delta 9 THC.
Are there any hemp products you can't sell in Alabama?
You cannot sell hemp-derived animal products such as Pet treats as hemp is currently prohibited from use in or as animal feed.
Is it legal to sell Hemp Flower in Alabama?
Yes. It’s legal to sell hemp flower in Alabama.
Who regulates Consumable Hemp Products in Alabama?
Manufacturing consumable hemp-derived products is regulated by the Alabama Department of Agriculture & Industries (ADAI). Food Processing Facilities are regulated by the Alabama Department of Health.
Do you need a license to Manufacture CBD products in Alabama?
Yes. You will need a Hemp Processor License from the Alabama Department of Agriculture & Industries (ADAI).
Do you need a license to Manufacture hemp products in Alabama?
Yes. You will need a Hemp Processor License from the Alabama Department of Agriculture & Industries (ADAI).
Does Alabama have an approved Hemp Plan?
Yes. Alabama has a USDA Approved Alabama Hemp Plan.
Do you need a license to Grow hemp in Alabama?
Yes. To grow hemp in Alabama, you’ll need a Hemp Grower License from the Alabama Department of Agriculture & Industries (ADAI).
Who regulates Hemp Farming in Alabama?
The Department of Agriculture & Industries (ADAI) regulates industrial hemp farming and cultivation through their Industrial Hemp Program.
Do you need a license to Extract hemp in Alabama?
Yes. You will need a Hemp Processor License from the Alabama Department of Agriculture & Industries (ADAI).
If you have any other questions about starting a hemp or CBD company in Alabama or would like to know more about our Wholesale or Private Label CBD Manufacturing Services, give us a call (850) 299-9624.
Alaska (AK)
Alaska Hemp & CBD License Requirements
Industrial hemp is governed by the Department of Natural Resources (DNR) and the DNR’s Division of Agriculture (DoAg). There are separate licenses required to Grow, Process Hemp (extract), Transport Hemp, and Sell hemp extracts and hemp-derived products (Retail & Distributor). Manufacturers and Extractors also need to complete a separate Manufacturer/Processor Endorsement of Hemp Products or Extracts Form to register each product and extract with the state of Alaska. Hemp product manufacturers that make food products will also need a food manufacturing license from the Department of Food Safety & Sanitation Program. There are also some specific guidelines for labelling hemp-derived products which include adding the name of the State Industrial Hemp Program from which the hemp-derived ingredients within the product or extract came from.
➖Manufacture (State Registration Required)
✔️Purchase
✔️Possess
✔️Use
➖Sell (State Registration Required)
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Alaska?
There are 3 potential state agencies that may apply to a hemp company.
Alaska Department of Natural Resources (DNR)
DNR’s Department of Agriculture (DoAg)
Department of Environmental Food Safety & Sanitation Program
Which Alaska State Agency is in charge of Hemp farming?
The Alaska DNR’s Department of Agriculture (DoAg) oversees Hemp Farming Licensing.
Which Alaska State Agency is in charge of consumable hemp products??
The Department of Natural Resources (DNR) and the DNR’s Division of Agriculture (DoAg) both oversee Consumable Hemp Products. The Department of Food Safety & Sanitation Program handles food processing facility licensing.
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Alaska.
Department of Natural Resources (DNR)
DNR’s Division of Agriculture (DoAg)
Department of Food Safety & Sanitation Program
Alaska Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Alaska state hemp license and get links to apply online or download the application.
Alaska Hemp-derived Product Retail/Distributor License
Alaska Hemp Product Manufacturing License
Alaska Hemp Grower License
Alaska Hemp Processor License
Alaska State Food Processor License
Department of Environmental Health Food Safety & Sanitation Program
Food Processors
A wholesale food processor/manufacturer makes food and sells it to other businesses for resale. This includes processing or manufacturing raw materials and other food ingredients into food items, reprocessing of food items, or packaging of food. Manufacturers in Alaska produce a wide variety of foods including but not limited to seafood, canned foods, bread products, beverages, and candies. If you are a baker, bottler of beverages, warehouse manager, or manufacturer of food or food ingredients, then this page has resources for you.
State Laws
USDA Approved Hemp Plan
SB 6
An Act relating to the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of ‘marijuana’; providing that cannabidiol oil is not included in the definition of ‘hashish oil’; clarifying that adding industrial hemp to food does not create an adulterated food product; and providing for an effective date.
Industrial Hemp Regulations (11 AAC Chapter 40)
Resources
Labelling
Alaska Division of Agriculture Hemp Program
A person offering for sale processed industrial hemp products intended for human or animal consumption, must properly label them in accordance with 11 AAC 40.420. The label shall include the following:
1) The product name.
2) A batch number for the product.
3) An expiration date.
4) Total quantity of the product by weight or volume.
5) The serving size or recommended dosage.
6) A list of all ingredients.
7) The industrial hemp program in which the hemp originated.
8) And if the product contains any THC, the statement “Warning: Contains THC”
*This is not a real industrial hemp product; it is an illustration of what information is required to be on a product containing industrial hemp if the intended or advertised use is for human or animal consumption.
FAQs regarding Alaska hemp program
The Department of Agriculture’s FAQs regarding Alaska hemp program.
Do you need a license to Sell CBD products in Alaska?
Yes. To Sell or distribute CBD products in Alaska, you need a Retailer/Distributor License from the Alaska Department of Natural Resources Division of Agriculture.
Do you need a license to Sell hemp-derived products in Alaska?
Yes. To Sell or distribute hemp-derived products in Alaska, you need a Retailer/Distributor License from the Alaska Department of Natural Resources Division of Agriculture.
Are there any hemp products you can't sell in Alaska?
No. You can sell any hemp-derived product with less than 0.3% Delta 9 THC in Alaska.
Is it legal to sell Hemp Flower in Alaska?
Yes. It is legal to sell hemp flower in Alaska. If you live in Alaska, you’ll need a Retail/Distributor License.
Who regulates Consumable Hemp Products in Alaska?
The Department of Natural Resources (DNR) and the DNR’s Division of Agriculture (DoAg) regulates Consumable Hemp Products in Alaska. Hemp product manufacturers that make food products will also need a food manufacturing license from the Department of Food Safety & Sanitation Program.
Do you need a license to Manufacture CBD products in Alaska?
Yes. You’ll need to complete the Manufacturer/Processor Endorsement of Hemp Products or Extracts Form to manufacture CBD products in Alaska.
Do you need a license to Manufacture hemp products in Alaska?
Yes. You’ll need to complete the Manufacturer/Processor Endorsement of Hemp Products or Extracts Form to manufacture hemp-derived products in Alaska.
Does Alaska have an approved Hemp Plan?
Yes. Here is Alaska’s USDA approved Hemp Plan.
Do you need a license to Grow hemp in Alaska?
Yes. You’ll need a Grower’s license to grow hemp in Alaska. You can obtain a grower’s license by completing the New Grower Registration Application.
Do you need a license to Extract hemp in Alaska?
Yes. You’ll need a Hemp Processor License to extract hemp in Alaska. You can obtain a Hemp Processor License by completing the Hemp Processor License Registration Form.
If you have any other questions about starting a hemp or CBD company in Alaska or would like to know more about our Wholesale or Private Label Hemp Product Manufacturing Services, give us a call (850) 299-9624.
Arizona (AZ)
Arizona Hemp & CBD License Requirements
Industrial hemp is governed by the Arizona Department of Agriculture (AZDA). There are five types of industrial hemp licenses you can apply for: Grower, Harvester, Transporter, Processor, and Nursery. You’ll fill out the same application regardless of the license type you apply for. The AZDA only oversees the growth and cultivation of industrial hemp, up to the point of processing. For licensed processors, it only focuses on ensuring manufacturers receive raw material that is below 0.3% THC. Hemp-derived product manufacturers do not require an industrial hemp Processor license. If you manufacture hemp-infused food products, you’ll need to obtain a Food Establishment License through the Arizona Department of Health Services. Retail establishments and distributors do not need a hemp license. It is possible, depending on the city or county you live in, that you may need a business license. AZDA does not issue business licenses. However, the Arizona Commerce Authority does. Please see the links below for each license type.
✔️Manufacture
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Arizona?
Industrial hemp is governed by the Arizona Department of Agriculture (AZDA).
Which Arizona State Agency is in charge of Hemp farming?
The Arizona Department of Agriculture (AZDA) oversees Hemp Farming and Cultivation.
Which Arizona State Agency is in charge of consumable hemp products?
Consumable hemp products by themselves fall under the US Farm Bill. However, the Arizona Department of Health Services oversees food manufacturers and any food products including consumable hemp products in Arizona.
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Arizona.
Arizona Department of Agriculture (AZDA)
Arizona Department of Health Services
Arizona Commerce Authority
Alabama Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Alabama state hemp license and get links to apply online or download the application.
Arizona Hemp Grower License
There are five types of industrial hemp licenses you can apply for in Arizona: Grower, Harvester, Transporter, Processor, and Nursery. All of which use the same application.
Arizona Industrial Hemp License Applications
Arizona Hemp Harvester License
There are five types of industrial hemp licenses you can apply for in Arizona: Grower, Harvester, Transporter, Processor, and Nursery. All of which use the same application.
Arizona Industrial Hemp License Applications
Arizona Hemp Transporter License
There are five types of industrial hemp licenses you can apply for in Arizona: Grower, Harvester, Transporter, Processor, and Nursery. All of which use the same application.
Arizona Industrial Hemp License Applications
Arizona Hemp Processor License
There are five types of industrial hemp licenses you can apply for in Arizona: Grower, Harvester, Transporter, Processor, and Nursery. All of which use the same application.
Arizona Industrial Hemp License Applications
Arizona Hemp Nursery License
There are five types of industrial hemp licenses you can apply for in Arizona: Grower, Harvester, Transporter, Processor, and Nursery. All of which use the same application.
Arizona Industrial Hemp License Applications
Arizona State Food Establishment License
Arizona Commerce Authority Business License
State Laws
Arizona Hemp Plan
Arizona Hemp Law Title 3 – Agriculture
TITLE 3. AGRICULTURE; CHAPTER 2. REGULATORY PROVISIONS;
SENATE BILL 1098
Resources
2022 Arizona Industrial Hemp Program Updates (PDF)
Frequently Asked Questions
Do you need a license to Sell CBD products in Arizona?
No. You do not need a license issued by the Department if you are selling, manufacturing, or marketing any post-processed hemp materials.
Do you need a license to Sell hemp-derived products in Arizona?
No. You do not need a license issued by the Department if you are selling, manufacturing, or marketing any post-processed hemp materials.
Are there any hemp products you can't sell in Arizona?
No. You can sell any hemp-derived products with less than 0.3% THC in Arizona.
Is it legal to sell Hemp Flower in Arizona?
Yes. You can sell hemp flower in Arizona. However, if you plan on selling hemp flower, make sure you get it lab tested yourself and keep it in an airtight container. Flower tends to dry out. When it does, it loses a significant amount of weight and the THC concentrations rise causing it to rise above the legal limit of 0.3% Delta 9 THC.
Who regulates Consumable Hemp Products in Arizona?
Arizona Department of Health Services regulates food manufacturing which would include any hemp-infused food products. The FDA regulates finished retail products for sale in Arizona.
Do you need a license to Manufacture CBD products in Arizona?
No. You do not need a license to manufacture CBD products in the state of Arizona. However, if you are manufacturing food products infused with hemp extracts, then you would need a Food Establishment License from the Arizona Department of Health Services to manufacture the food product. The AZDA’s oversight only extends from the growth and cultivation of industrial hemp, up to the point of processing.
Do you need a license to Manufacture hemp products in Arizona?
No. You do not need a license to manufacture hemp-derived products in the state of Arizona. However, if you are manufacturing food products infused with hemp extracts, then you would need a Food Establishment License from the Arizona Department of Health Services to manufacture the food product. The AZDA’s oversight only extends from the growth and cultivation of industrial hemp, up to the point of processing.
Does Arizona have an approved Hemp Plan?
Do you need a license to Grow hemp in Arizona?
Yes. To grow, harvest, transport, process (extract), or to run a hemp nursery, you’ll need an Industrial Hemp License from the Arizona Department of Agriculture (AZDA).
Who regulates Hemp Farming in Arizona?
The Arizona Department of Agriculture (AZDA) is in charge of Industrial Hemp Farming and Cultivation.
Do you need a license to Extract hemp in Arizona?
Yes. To grow, harvest, transport, process (extract), or to run a hemp nursery, you’ll need an Industrial Hemp License from the Arizona Department of Agriculture (AZDA).
If you have any other questions about starting a hemp or CBD company in Arizona or would like to know more about our Wholesale or White Label CBD Manufacturing Services, give us a call (850) 299-9624.
Arkansas (AR)
Arkansas Hemp & CBD License Requirements
Industrial hemp is governed by Arkansas Department of Agriculture (ADA) which offers two Industrial Hemp Licenses to growers and processors. To grow hemp, you’ll need a Hemp Grower License. To process hemp (extraction into concentrates, raw to stripped fiber, unprocessed to ground seeds, etc.) or handle (store, transport) hemp, you’ll need a Processor / Handler License. Manufacturers that receive processed industrial hemp and hemp concentrates to make hemp-derived products do not need a hemp license. However, food manufacturers may need a Wholesale/Manufactured Foods Establishment Permit from the Arkansas Department of Health. Lastly, retail shops and ecommerce businesses do not need a hemp license to sell hemp-derived products.
✔️Manufacture
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Arkansas?
The Arkansas Department of Agriculture (ADA) is the only one governing body regarding hemp and hemp-derived products. It oversees licensing for industrial hemp growers, processors, and handlers. However, hemp-infused food manufacturers will need to obtain a food permit from the Arkansas Department of Health.
Which Arkansas State Agency is in charge of Hemp farming?
The Arkansas Department of Agriculture (ADA) is in charge of industrial hemp farming and cultivation.
Which Arkansas State Agency is in charge of consumable hemp products?
Arkansas Department of Health oversees food safety and licensing for food processing and manufacturing food products.
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Arkansas.
Arkansas Department of Agriculture (ADA)
Arkansas Hemp Licenses & Applications
Please click on any of the licenses below to learn more about Arkansas Applications for Hemp Licensing and get links to apply online or download the application.
Arkansas Hemp Grower License
Arkansas Hemp Processor License
Arkansas Hemp Handler License
Arkansas Wholesale/Manufactured Foods Establishment Permit
State Laws
Arkansas Hemp Plan
HOUSE BILL 1640
Arkansas Industrial Hemp Research Program Rules
Resources
Do you need a license to Sell CBD products in Arkansas?
No.
It is the responsibility of the licensee, retailer, or distributor to understand and comply with all applicable laws, rules, and regulations pertaining to their products and to seek approval(s) from any applicable regulating authorities. The Department is not responsible for ensuring product quality or product compliance with other regulating authorities, such as the Food and Drug Administration and the Arkansas Department of Health. The Licensing Agreement you have with the Department does NOT offer any legal protections from these governing bodies and does not provide waivers from their regulations. Additionally, it is the licensee’s responsibility to ensure that the transfer or sale of any industrial hemp material complies with all applicable state and federal laws. The Department has no authority to authorize or regulate industrial hemp materials once they exit the Program. All hemp materials must always be appropriately identified or labeled at all times during transit.
Do you need a license to Sell hemp-derived products in Arkansas?
No.
It is the responsibility of the licensee, retailer, or distributor to understand and comply with all applicable laws, rules, and regulations pertaining to their products and to seek approval(s) from any applicable regulating authorities. The Department is not responsible for ensuring product quality or product compliance with other regulating authorities, such as the Food and Drug Administration and the Arkansas Department of Health. The Licensing Agreement you have with the Department does NOT offer any legal protections from these governing bodies and does not provide waivers from their regulations. Additionally, it is the licensee’s responsibility to ensure that the transfer or sale of any industrial hemp material complies with all applicable state and federal laws. The Department has no authority to authorize or regulate industrial hemp materials once they exit the Program. All hemp materials must always be appropriately identified or labeled at all times during transit.
Are there any hemp products you can't sell in Arkansas?
No. All hemp-derived products less than 0.3% Delta 9 THC are legal to sell in Arkansas.
Who regulates Consumable Hemp Products in Arkansas?
The Arkansas Department of Health oversees wholesale and manufacturing of finished food products which includes hemp products such as gummies.
Do you need a license to Manufacture CBD products in Arkansas?
Yes. Your facility must be registered with the Arkansas Department of Health if you manufacture consumable CBD products.
Do you need a license to Manufacture hemp products in Arkansas?
Yes. Your facility must be registered with the Arkansas Department of Health if you manufacture consumable hemp-derived products.
Does Arkansas have an approved Hemp Plan?
Do you need a license to Grow hemp in Arkansas?
Yes. To grow hemp in Arkansas, you’ll need to obtain a Hemp Grower License through the Arkansas Department of Agriculture (ADA).
Who regulates Hemp Farming in Arkansas?
The Arkansas Department of Agriculture (ADA) oversees Industrial Hemp farming and cultivation.
Do you need a license to Extract hemp in Arkansas?
Yes. To extract hemp in Arkansas, you’ll need to obtain a Hemp Processor / Handler License through the Arkansas Department of Agriculture (ADA).
If you have any other questions about starting a hemp or CBD company in Arkansas or would like to know more about opening a Hemp Lively Wholesale Account or Private Label CBD & THC Manufacturing Services, give us a call (850) 299-9624.
California (CA)
California Hemp & CBD License Requirements
Industrial hemp is governed by 2 agencies. Industrial Hemp Growers are overseen by the California Department of Food and Agriculture (CDFA). While hemp-derived extracts and product manufacturing as well as sales are under the prevue of the California Department of Public Health (CDPH) through their Industrial Hemp Compliance Program (IHCP). There are several licenses, registrations, and product-specific regulations to follow for both California hemp-derived product manufacturers and resellers as well as out-of-state businesses selling to California companies and consumers.
California companies that manufacture hemp-derived product or hemp-derived extracts need to obtain an Industrial Hemp Enrollment and Oversight (IHEO) Authorization through the CDPH’s Industrial Hemp Compliance Program. Out-of-state hemp-derived extract manufacturers also need to obtain an IHEO Authorization to sell hemp extracts in California. However, finished out-of-state hemp-derived product manufacturers do not need to be licensed to sell and ship their products to California.
There are different IHEO Authorizations for hemp extract, pet food, human food and ingestible hemp products, cosmetics and topicals, and vapes. There are also different authorizations needed depending on the county you live in. All IHEO Authorizations can be found here.
You must obtain an IHEO Authorization to hold, package, or manufacture any industrial hemp-derived products in California.
Aside from the IHEO Authorization, you must also comply with other federal, state, county, or city laws and regulations which may include additional licensing. Some of these licenses include a Processed Food Registration, a pet food registration (PDF), cosmetic manufacturing registration, or a cannery license. Below are some additional laws that need to be followed regarding ingestible hemp-derived product and cosmetic topical products.
There is also a division of the California Department of Food and Agriculture (CDFA) called the Market Enforcement Branch (MEB) that oversees transactions involving industrial hemp sold or brokered between producers, handlers, and processors. This includes companies that sell biomass or bulk hemp extracts. If you are a hemp biomass or other farm product dealer, broker, commission merchant, cash buyer, or processor in California or an out-of-state company with an office or representative in California, and you handle farm products for the purpose of resale or processing, then you need to complete an application for a California Produce Dealers Act / Processors Law License and/or an Agent’s License from the MEB. Instructions and applications can be found on the MEB website.
There are several product restrictions, for both manufacturing and sales. First, inhalable hemp-derived products such as vapes and smokable flower are not allowed to be sold in California. However, they can be manufactured for out-of-state sales pending the manufacturer obtains the correct licensing and IHEO Authorization.
Next, hemp-derived products cannot have any THC (of any kind) isolate, or any other psychoactive cannabinoid isolate, added to formulations to increase their psychoactive content. The state’s guide does not specify any other type of concentrate such as distillate, but psychoactive cannabinoid isolate (pure powder) is banned as an additive of any kind.
All products must be manufactured in a registered commercial facility, each of which needs to have their own IHEO Authorization. Product manufacturers cannot make hemp-derived products at home. Manufacturers must also comply Good Manufacturing Practices as outlined in Title 21, Code of Federal Regulations, Part 117, subpart B
Retail shops and eCommerce businesses selling hemp-derived products directly to consumers do not require an IHEO Authorization to sell hemp-derived products. However, they must obtain their products from CDPH-licensed suppliers.
California also has certain labelling requirements as listed in the AB 45 Statutes below.
Finally, to grow hemp in California, there is no state registration required, only county registration. Hemp Farmers can apply for their Hemp Growers License on CDFA’s Industrial Hemp Program webpage.
➖Manufacture (State Registration Required)
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of California.
California Department of Food and Agriculture (CDFA)
California Department of Public Health (CDPH)
Industrial Hemp Compliance Program (IHCP)
Industrial Hemp Enrollment and Oversight (IHEO)
Market Enforcement Branch (MEB)
California Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each California state hemp license and get links to apply online or download the application.
California Hemp Grower License
Department of Food & Agriculture
Hemp Growers License
CDFA’s Industrial Hemp Program webpage
CA Industrial Hemp Registration Application for Growers
Industrial Hemp Enrollment and Oversight (IHEO) Authorization (hemp extracts & products)
Industrial Hemp Enrollment and Oversight (IHEO) Authorization
Hemp extracts and hemp-derived products
There are separate IHEO license applications for each type and county located in.
MEB Produce Dealers Act / Processors Law License (farm brokers, dealers, processors)
CA Produce Dealers Act / Processors Law License
Instructions and applications can be found on the MEB website.
MEB Agent's License (industrial hemp dealer's agent)
Instructions and applications can be found on the MEB website.
Processed Food Registration
Pet Food Registration
Cosmetic Manufacturing Registration
Cannery License
State Laws
California Hemp Plan
AB-45 Industrial hemp products. (2021-2022)
AB-45 Industrial hemp products. (2021-2022)
California Industrial Hemp Law
AB 45 Statutes: Article 7. Labeling and Advertisement 111926
Article 7. Labeling and Advertisement
111926.
(a) A manufacturer, distributor, or seller of an industrial hemp product shall follow packaging, labeling, and advertising laws, including, but not limited to, Chapter 4 (commencing with Section 110290), and federal laws incorporated or applicable in this state, including, but not limited to, Sections 110100, 110340, 110371, 110380, 110382, and 110407 and shall not violate this part.
(b) A hemp manufacturer shall not directly target advertising or marketing to children or to persons who are pregnant or breastfeeding.
(c) Advertising or marketing placed in broadcast, cable, radio, print, or digital communications shall only be displayed where at least 70 percent of the audience is reasonably expected to be 18 years of age or older, as determined by reliable, up-to-date audience composition data.
111926.2.
(a) An industrial hemp product that is a dietary supplement, food, or beverage shall not be distributed or sold in the state without packaging and labeling on the product that includes all of the following information:
(1) A label, scannable barcode, internet website, or quick response (QR) code linked to the certificate of analysis of the final form product batch by an independent testing laboratory that provides all of the following information:
(A) The product name.
(B) The name of the product’s manufacturer, packer, or distributor, and their address and telephone number.
(C) The batch number, which matches the batch number on the product.
(D) The concentration of cannabinoids present in the product batch, including, at minimum, total THC and any marketed cannabinoids or ingredient, as required by the department in regulation.
(E) The levels within the product batch of contaminants, as required in subdivision (c) of Section 111925.2.
(2) The product expiration or best by date, if applicable.
(3) A statement indicating that children or those who are pregnant or breastfeeding should avoid using the product prior to consulting with a health care professional about its safety.
(4) A statement that products containing cannabinoids should be kept out of reach of children.
(5) The following statement, “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”
(b) The requirements of this section shall apply to products manufactured 90 days or more after the enactment of this section.
111926.3.
(a) An industrial hemp product that is a cosmetic shall not be distributed or sold in the state without packaging and labeling on the product that includes all of the following information:
(1) A label, scannable barcode, internet website, or quick response (QR) code linked to the certificate of analysis of the final form extract or the final form product batch by an independent testing laboratory that provides all of the following information:
(A) The product name.
(B) The name of the product’s manufacturer, packer, or distributor, and their address and telephone number.
(C) The batch number, which matches the batch number on the product.
(D) The concentration of cannabinoids present in the product batch, including, at minimum, total THC and any marketed cannabinoids.
(E) The levels within the product batch of contaminants, as required in subdivision (c) of Section 111925.2.
(2) The product expiration or best by date, if applicable.
(3) The following statement, “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”
(b) The requirements of this section shall apply to products manufactured 90 days or more after the enactment of this section.
Food manufacturers laws, regulations, and statutes
Food manufacturers laws, regulations, and statutes include:
- California Health and Safety Code (HSC) Section 109875 et. Seq. (Sherman Food, Drug and Cosmetic Law).
- Federal Food, Drug, and Cosmetic Act (FD&C Act)
- Fair Packaging and Labeling Act (FPLA)
- HSC Section 111950 – 112130 (California Food Sanitation Law)
- Title 21 Code of Federal Regulations (CFR), Part 117 (Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food).
- Title 21 CFR, Part 101 (Food Labeling)
- Title 21 CFR, Part 111 (Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements).
- Title 21 CFR, Part 113 (Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers)
- Title 21 CFR, Part 114 (Acidified Foods)
Cosmetics laws, regulations, and statutes
Cosmetics laws, regulations, and statutes include:
- California Health and Safety Code (HSC) Section 109875 et. Seq. (Sherman Food, Drug and Cosmetic Law)
- Fair Packaging and Labeling Act (FPLA)
- Federal Food, Drug, and Cosmetic Act (FD&C Act)
- California Safe Cosmetics Act of 2005 (PDF)
Definitions
What is the definition of "THC Concentration" in California?
“THC concentration” or “percentage concentration of THC” means the postdecarboxylated value of the percentage of delta-9 THC content derived from the sum of THC and THCA content and reported on a dry weight basis to the nearest thousandth, or three decimal places. The percentage concentration of THC may be measured by using either:
(A) a suitable analytical instrumentation described in Section 4942(b) that results in the decarboxylation of THC-acid to delta-9 THC, or
(B) a calculated value using a conversion formula of the percentage concentration of delta-9 THC plus eighty-seven and seven tenths (87.7) percent of the percentage concentration of THC-acid when a suitable analytical instrumentation described in Section 4942(b) does not result in the decarboxylation of THC-acid to delta-9 THC.
Frequently Asked Questions
Do you need a license to Sell CBD products in California?
No. However, all CBD products for resale must be purchased from CDPH-licensed suppliers.
Do you need a license to Sell hemp-derived products in California?
No. However, all hemp-derived products for resale in California must be purchased from CDPH-licensed suppliers.
If you are an out-of-state manufacturer, do you need a license to sell hemp-derived products in California?
No. Finished out-of-state hemp-derived product manufacturers do not need to be licensed to sell and ship their products to California residents.
If you are an out-of-state hemp extract wholesaler, do you need a license to sell hemp-derived concentrates to other manufacturers in California?
Yes. Out-of-state hemp-derived extract manufacturers also need to obtain an IHEO Authorization to sell hemp extracts in California.
Is it legal to sell Delta 8 Vapes in California?
No. Inhalable hemp-derived products such as vapes and smokable flower are not allowed to be sold in California.
Is it legal to manufacture Delta 8 Vapes in California?
Yes. However, they cannot be sold in California and must be shipped out of state. And you must have an IHEO Authorization to do so.
Inhalable hemp-derived products such as vapes and smokable flower are not allowed to be sold in California. However, they can be manufactured for out-of-state sales pending the manufacturer obtains the correct licensing and IHEO Authorization.
Are there any hemp products you can't sell in California?
There are several product restrictions in California.
- You cannot sell any inhalable hemp-derived products such as vapes and smokable flower are not allowed to be sold in California.
- Hemp-derived products made with added THC isolate of any kind are illegal.
- Hemp-derived products cannot be made at home and must be manufactured in a registered commercial facility.
- Products for resale must be purchased from CDPH-licensed suppliers.
Is it legal to sell Hemp Flower in California?
No. Inhalable hemp-derived products such as vapes and smokable flower are not allowed to be sold in California.
Who regulates Consumable Hemp Products in California?
The California Department of Public Health (CDPH) through their Industrial Hemp Compliance Program (IHCP) regulated consumable hemp products in California. The CDPH’s Food and Drug Branch (FDB) are also involved if you manufacture food products.
Do you need a license to Manufacture CBD products in California?
Yes. To manufacture CBD products in California, you’ll need an IHEO Authorization from the California Department of Public Health (CDPH) through their Industrial Hemp Compliance Program (IHCP).
Do you need a license to Manufacture hemp products in California?
Yes. To manufacture hemp-derived products in California, you’ll need an IHEO Authorization from the California Department of Public Health (CDPH) through their Industrial Hemp Compliance Program (IHCP).
Does California have an approved Hemp Plan?
Do you need a license to Grow hemp in California?
Yes. To farm hemp in California, you’ll need to obtain a California Hemp Growers License from the CDFA.
Who regulates Hemp Farming in California?
Industrial Hemp farming is regulated by the California Department of Food and Agriculture (CDFA). To farm hemp in California, you’ll need to obtain a California Hemp Growers License from the CDFA.
Do you need a license to Extract hemp in California?
Yes. To extract hemp into concentrates in California, you’ll need a Hemp Extracts IHEO Authorization from the California Department of Public Health (CDPH) through their Industrial Hemp Compliance Program (IHCP).
If you have any other questions about starting a hemp or CBD company in California or would like to know more about our Wholesale or Private Label & Gummy Manufacturing Services, give us a call (850) 299-9624.
Colorado (CO)
Colorado Hemp & CBD License Requirements
Industrial hemp is governed by Colorado Department of Agriculture (CDA) and the Colorado Department of Public Health and Environment (CDPHE). To grow hemp in Colorado, you’ll need to complete a Hemp Program Application with the CDA. To process or extract industrial hemp as well as manufacture food products, you’ll need to complete a Manufactured Food, Industrial Hemp, or Storage Facility Registration with the CDPHE. You do not need a license from either of these agencies to sell hemp-derived products either in a brick-and-mortar store or online from your ecommerce shop. However, depending on the city or county you live in, you may need to register for a tax license. Denver is one of these areas.
➖Manufacture (State Registration Required)
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Colorado?
Industrial hemp is governed by the Colorado Department of Agriculture (CDA) and the Colorado Department of Public Health and Environment (CDPHE). To grow hemp in Colorado, you’ll need to complete a Hemp Program Application with the CDA. To process or extract industrial hemp as well as manufacture food products, you’ll need to complete a Manufactured Food, Industrial Hemp, or Storage Facility Registration with the CDPHE.
Which Colorado State Agency is in charge of Hemp farming?
Industrial hemp farming is regulated by the Colorado Department of Agriculture (CDA).
Which Colorado State Agency is in charge of consumable hemp products?
The Colorado Department of Public Health and Environment (CDPHE) is in charge of consumable hemp product manufacturing licensing.
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Colorado.
Colorado Department of Agriculture (CDA)
The Colorado Department of Agriculture’s Hemp Program has a regulatory role (authority) that is limited to the cultivation (growing) of hemp only. For Extraction, Processing, Product Manufacturing, and Distribution, please visit the CDPHE Website.
Colorado Department of Agriculture (CDA) Hemp Program
Colorado CDA Hemp Farming FAQ’s
CDA Hemp Program Laws and Rules
Brian Koontz – Hemp Program Manager
Phone: (303) 869-9082 Fax: (303) 466-2860
Policy, Laws & Regulations. Inspections and Sampling, Planting & Harvest Reporting, Compliance Questions.
Jessica Quinn – Registration and Records Coordinator
Phone: (303) 869-9055 Fax: (303) 466-2860
(Pre-Planting Inquiries) Registrations, Applications, Records Requests, HEMP Online Portal (HOP) Assistance.
Rich Guggenheim – Plant Health Certification Program Manager
Phone: (303) 869-9070 Fax: (303) 466-2860
Policy, Laws & Regulations, Certified Seed, Seed & Nursery Law
Colorado Department of Public Health and Environment (CDPHE)
The Colorado Department of Public Health and Environment (CDPHE) has regulatory authority over-processing and processed hemp materials and products intended for human consumption or use. Registration with CDPHE is a legal requirement. Please contact the Colorado Department of Public Health and Environment directly for any further information.
You’ll need a license if you manufacture finished hemp-derived products in Colorado or extract hemp into concentrates. You do not need a license to sell finished hemp-derived products such as CBD Oil or hemp gummies.
Colorado Department of Public Health and Environment (CDPHE)
Processing, Sales, and Distribution
Do’s and Don’ts for Industrial Hemp
For Information on hemp products (includes CBD products and cosmetics) and processing requirements please see CDPHE’s FAQ document: For information on how to apply to produce or sell hemp products please visit their website or contact them directly.
Contact:
303-692-3645, option 2
cdphe.hemp.dehs@state.co.us
Colorado Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Colorado state hemp license and get links to apply online or download the application.
CDPHE Manufactured Food, Industrial Hemp, or Storage Facility Registration
Hemp-derived product manufacturers are required to obtain a Manufactured Food, Industrial Hemp, or Storage Facility License from the CDPHE by registering their manufacturing facility with the state.
Licensee Categories
- Industrial Hemp (Extractor)
- Industrial Hemp (Food)
- Industrial Hemp (Supplements)
- Industrial Hemp (Cosmetics)
Manufacturing Facility Application
Manufactured Food, Industrial Hemp, or Storage Facility Registration
Additional Resources
Colorado Hemp Grower License
Hemp Grower Application
To grow hemp in Colorado, you must apply to participage in the Colorado Hemp Program.
APPLY ONLINE – CDA Hemp Online Portal
State Laws
CO Approved Hemp Plan
Laws and Rules
Colorado Revised Statutes (2019) TITLE 35 AGRICULTURE
Rules Pertaining to the Administration and Enforcement of the Industrial Hemp Regulatory Program Act
COLORADO DEPARTMENT OF AGRICULTURE
Plant Industry Division
Rules Pertaining to the Administration and Enforcement of the Industrial Hemp Regulatory Program Act
Production and/or Use of Chemically Modified or Converted Industrial Hemp Cannabinoids (Delta 8)
Colorado Department of Public Health
Hemp in food
https://cdphe.colorado.gov/hemp-food
In 2021, the CDPHE put out this notice regarding various types of THC, including Delta 8, that have been converted from CBD into foods and cosmetics.
The letter states that they are:
“…providing this notice to industrial hemp registrants to clarify that chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of “industrial hemp product.” This includes any process that converts an industrial hemp cannabinoid, such as CBD isolate, into delta-9, delta-8, delta-10-THC, or other tetrahydrocannabinol isomers or functional analogs.”
They reference their regulatory authority with:
Section 25-5-426(1)(g.3) & (g.5) and 25-5-426(4)(d), C.R.S.
Section 25-5-426(1)(g.3)
(g.3) “Industrial hemp” has the meaning set forth in section 35-61-101 (7).
Section 25-5-426(1)(g.5)
(g.5) “Industrial hemp product” means a finished product containing industrial hemp that:
- (I) Is a cosmetic, food, food additive, or herb;
- (II) Is for human use or consumption;
- (III) Contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins, or derivatives; and
- (IV) Contains a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent.
Section 25-5-426(4)(d)
(4)(d) Industrial hemp products produced by wholesale food manufacturing facilities registered in accordance with this subsection (4) shall not be deemed adulterated, as defined in sections 25-5-410 and 25-5-416, unless the products meet one or more of the criteria set forth in section 25-5-410 or 25-5-416.
Is Delta 8 legal in Colorado?
I personally don’t see anything in these statutes that bans Delta 8 pending you comply with the guidelines of the Farm Bill’s definition of hemp and Colordo’s Hemp Plan. Keep in mind, I’m not an attorney. But you can read these statutes yourself. Just because a state organization posts a notice, may not mean its an enforcable law. However it could mean a big headache if they mistakenly attempt to enforce it, regardless of legality. If you are concerned about this and plan on selling Delta 8 products in Colorado, read these statutes yourself and consult an attorney.
Definitions
What is the definition of hemp in Colorado?
Hemp means the plant species Cannabis sativa L. and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3%) on a dry weight basis.
Hemp Extracts and Hemp-Derived Products Labelling Guides
Colorado also has very specific labelling requirements. Links to examples are below.
Concentrates & Extracts Labelling Guide
CO Concentrates & Extracts Labelling Guide
Cosmetic Labelling Guide
Chocolate Bart Labelling Guide
CO Chocolate Bart Labelling Guide
Tincture Labelling Guide
Additional Resources
In this report you’ll find information on industrial hemp, regulatory roles, and the hemp industry and its future in Colorado. Download this PDF today.
Colorado Hemp Advancement & Management Plan (CHAMP) Report
Frequently Asked Questions
Do you need a license to Sell CBD products in Colorado?
No. You do not need a state hemp license to sell CBD products in Colorado. However, depending on the city or county you live in, you may need to register for a tax license.
Do you need a license to Sell hemp-derived products in Colorado?
No. You do not need a state hemp license to sell hemp-derived products in Colorado. However, depending on the city or county you live in, you may need to register for a tax license.
Are there any hemp products you can't sell in Colorado?
No. You can sell any hemp-derived product in Colorado pending it stays below 0.3% Delta 9 THC.
Is it legal to sell Hemp Flower in Colorado?
Yes. It’s legal to sell flower in Colorado.
Who regulates Consumable Hemp Products in Colorado?
The Colorado Department of Public Health and Environment (CDPHE) has regulatory authority over processed hemp materials and finished hemp-derived products intended for human consumption or use. Registration with CDPHE is a legal requirement.
Do you need a license to Manufacture CBD products in Colorado?
Yes. To get a permit to manufacture CBD products in Colorado, you’ll need to complete the Manufactured Food, Industrial Hemp, or Storage Facility Registration from the CDPHE.
Do you need a license to Manufacture hemp products in Colorado?
Yes. To get a permit to manufacture hemp-derived products in Colorado, you’ll need to complete the Manufactured Food, Industrial Hemp, or Storage Facility Registration from the CDPHE.
Does Colorado have an approved Hemp Plan?
Yes. Colorado has a USDA approved Industrial Hemp Plan. CO Approved Plan (pdf)
Do you need a license to Grow hemp in Colorado?
Yes. You’ll need to register for the Colorado Hemp Program as a grower with the Colorado Department of Agriculture (CDA).
Who regulates Hemp Farming in Colorado?
The Colorado Department of Agriculture (CDA) regulates hemp farming and cultivation in Colorado.
Do you need a license to Extract hemp in Colorado?
Yes. To get a permit to extract industrial hemp into concentrates, you’ll need to register your extraction facility with the CDPHE by completing the “Manufactured Food, Industrial Hemp, or Storage Facility Registration” form.
If you have any other questions about starting a hemp company in Colorado, or would like to know more about Signing Up for a Hemp Lively Wholesale Account or Private Label Hemp-derived Products Manufacturing Services, give us a call (850) 299-9624.
Connecticut (CT)
Connecticut Hemp & CBD License Requirements
Industrial hemp is governed by the Connecticut Department of Agriculture (DoAG) which oversees growing and processing, and the Connecticut Department of Consumer Protection (DCP), both of which regulate “manufacturing” and “processing” industrial hemp, depending on whether the product is intended for human consumption, inhalation, and ingestion or a non-consumable. Basically, if it’s being used as a consumable product, then the DCP oversees it, if it is a non-consumable product then the DoAG oversees it.
To further complicate the matter, the definitions for a “Manufacturer” and “Processor” differ from state to state and can become very confusing. A “processor” is someone who takes industrial hemp and uses it to make non-consumable hemp products such as pet food and textiles. This means if you make pet treats, you must obtain a processor license. You can obtain a Processor License through Connecticut’s DoAG which is also the department to get a license to grow hemp. In 2020, Connecticut combined these licenses into one changing the license to a “Hemp Producers License”.
In Connecticut, a manufacturer is someone who takes industrial hemp and extracts it into a concentrate or uses raw biomass and puts it into an ingestible product. These require a manufacturer’s license through the DCP. This does not include buying an extract from a “manufacturer” and using such extract to formulate tinctures, gummies, or topicals. Manufacturing products using extracts, therefore, does not require a license. This includes manufacturing “flower” products for sale which also does not require a manufacturing license.
However, Connecticut’s hemp-derived product manufacturers (tinctures, gummies, vapes, topicals) may require additional general manufacturing licenses having to do with the product type such as food, vapes, or cosmetics. Below are some of the places you can find information on these licenses which are listed under the Hemp Licenses and Applications section and include Electronic Nicotine Delivery System Certificate of Manufacturer (includes all vaping product manufacturing), Manufacturer of Cosmetics License, and a Food Manufacturing License.
Connecticut also has its own cannabis program which has become misconstrued to include hemp. Cannabis, as defined in the new Bill No. 1201 is marijuana. In this bill, it defines “THC” to include all types of THC including Delta 8. However, this applies to Marijuana, not hemp.
✔️Manufacture (Lic. Required only for pet food, vapes, cosmetics)
✔️Purchase
✔️Possess
✔️Use
✔️Sell
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Connecticut?
Industrial hemp is governed by the Connecticut Department of Agriculture (DoAG) which oversees growing hemp and “processing” hemp for non-consumable products such as textiles, and the Connecticut Department of Consumer Protection (DCP) which licenses hemp “manufacturers” (extractors extracting hemp into concentrates for human consumption). Both organizations oversee the licensing for industrial hemp, depending on whether the product is intended for human consumption, inhalation, and ingestion or a non-consumable. Basically, if it’s being used as a consumable product, then the DCP oversees it, if it is a non-consumable product then the DoAG oversees it.
Which Alabama State Agency is in charge of Hemp farming?
The Connecticut Department of Agriculture (DoAG) oversees hemp farming and issues Industrial Hemp Growers licenses.
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Connecticut.
Connecticut Department of Agriculture (DoAG)
Connecticut Department of Consumer Protection (DCP)
Connecticut Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Connecticut state hemp license and get links to apply online or download the application.
Connecticut Hemp Producers License (Growers & Processors)
Connecticut Department of Agriculture (DoAG) Hemp Program
A Producers License is required to Grow or Process industrial hemp.
- Grower: Hemp Farmers
- Processor: If you plan to use or convert hemp to make a product that is not consumable, you must obtain a license from the DoAG. The Producer/processor license will be required to produce all animal food, and non-consumables, such as textiles and building products.
CT Dept of Ag Hemp Producer Application and Licensing
Manufacturer of Hemp Consumables License
THIS LICENSE IS FOR EXTRACTORS, NOT FINISHED HEMP-DERIVED PRODUCT MANUFACTURERS.
Manufacturer License: If you plan to make hemp products intended for human ingestion, inhalation, absorption, or other internal consumption (collectively “consumables”), you must apply for and receive a manufacturer of hemp consumables license through DCP. Such license is required to engage in the conversion of the hemp plant into a byproduct by means of adding heat, solvents, or any method of extraction to modify the original composition of the plant into a consumable. A manufacturer license is not required for the grinding or chopping of hemp for sale as a raw consumable product.
- License Required (EXAMPLE): Purchasing of the raw hemp plant and cooking it into a food product, e.g., fried hemp chips or CBD granola bars.
- No License Required (EXAMPLE): Purchasing hemp extract or CBD extract from a lawfully authorized manufacturer and incorporating the extract into a food product. Such lawfully authorized manufacturer does not need to be in Connecticut.
Hemp Manufacturing in Connecticut: Frequently Asked Questions (PDF)
Electronic Nicotine Delivery System Certificate of Manufacturer
Electronic Nicotine Delivery System Certificate of Manufacturer Registration (including all vaping products)
Connecticut State Food Permit
Manufacturer of Cosmetics
State Laws
CT Approved Plan (pdf)
Sec. 22-61l
REVISIONS TO THE STATE’S HEMP PILOT PROGRAM IN 2020
Senate Bill No. 893
Definitions
What is the definition of "consumable" in Connecticut?
“Consumable” means hemp products intended for human ingestion, inhalation, absorption or other internal consumption, that contains a THC concentration of not more than 0.3 per cent on a dry weight basis;
What is the definition of THC in Connecticut?
“THC” means delta-9-tetrahydrocannabinol.
Frequently Asked Questions
Do you need a license to Sell CBD products in Connecticut?
No. You do not need a state license to sell CBD products in Connecticut.
Do you need a license to Sell hemp-derived products in Connecticut?
No. You do not need a state license to sell finished hemp-derived products in Connecticut.
Are there any hemp products you can't sell in Connecticut?
No. Hemp-derived products are legal pending they stay under the legal limit of less than 0.3% Delta 9 THC.
Is it legal to sell Hemp Flower in Connecticut?
Yes. It is legal to sell hemp flower in Connecticut.
Do you need a license to Manufacture CBD products in Connecticut?
No. You do not need a hemp license to manufacture CBD products such as tinctures, gummies, vapes, or topicals. However, you may need non-hemp-specific licenses such as a Electronic Nicotine Delivery System Certificate of Manufacturer (includes all vaping product manufacturing), Manufacturer of Cosmetics License, and a Food Manufacturing License.
Do you need a license to Manufacture hemp products in Connecticut?
No. You do not need a hemp license to manufacture hemp-derived products such as tinctures, gummies, vapes, or topicals. However, you may need non-hemp-specific licenses such as a Electronic Nicotine Delivery System Certificate of Manufacturer (includes all vaping product manufacturing), Manufacturer of Cosmetics License, and a Food Manufacturing License.
Does Connecticut have an approved Hemp Plan?
Do you need a license to Grow hemp in Connecticut?
Yes. To grow hemp in Connecticut, you’ll need a Hemp Producers license from the Connecticut Department of Agriculture (DoAG).
Who regulates Hemp Farming in Connecticut?
Connecticut Department of Agriculture (DoAG) oversees all hemp farming including licensing.
Do you need a license to Extract hemp in Connecticut?
Yes. To extract hemp into concentrates intended for human consumption, you’ll need a Manufacturer of Hemp Consumables License from the Connecticut Department of Consumer Protection (DCP).
If you have any other questions about starting a hemp company in Connecticut, would like to Sign Up for a Wholesale Account, or learn more about our White Label Hemp-derived Products Manufacturing Services, give us a call (850) 299-9624.
Delaware (DE)
Delaware Hemp License Requirements
Industrial hemp is governed by the Delaware Department of Agriculture (DDA). To grow hemp, you’ll need a Hemp Producer License. To process (dry or package your crop), you’ll need a Hemp Processor License, and to handle, store, or transport your crop, you’ll need a Hemp Handler License. There are no licenses required to manufacture or sell finished hemp-derived products. However, if you are manufacturing hemp-infused food products, you may need to license your manufacturing facility as a Food Establishment with the Delaware Health and Social Services Office of Food Protection.
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Delaware?
Industrial hemp is governed by the Delaware Department of Agriculture (DDA).
Which Delaware State Agency is in charge of Hemp Farming?
Industrial hemp farming is governed by the Delaware Department of Agriculture (DDA).
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Delaware.
Delaware Department of Agriculture (DDA)
Delaware Health and Social Services Office of Food Protection
Delaware Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Delaware state hemp license and get links to apply online or download the application.
The Delaware Domestic Hemp Production Program Participant Guide includes specific guidelines and forms for hemp producers, processors, and handlers. It is recommended that each participant download and print the Delaware Domestic Hemp Research Program Participant Guide to help gain a better understanding of the program. Required forms are also available for download in the corresponding participant categories below.
Delaware Hemp Producer (Grower) License
Any individual or business with the intent to grow, cultivate or distribute hemp, including transplants, seedlings, or clones. This applies to any number of plants grown for any purpose, including personal use.
Delaware Domestic Hemp Production Program Producer Application
Delaware Hemp Processor License
Any individual or business with the intent to conduct processes that convert raw hemp material in any way other than for testing. This includes producers who harvest, mechanically dry down, or package their own crop. Please contact the Delaware Department of Agriculture for fee information.
Delaware Domestic Hemp Production Program Processor Application
Annual Processing Facility Registration Form
Delaware Hemp Handler License
Any individual or business with the intent to transport or store hemp or hemp plant parts prior to the delivery of such plant or plant part for processing, including seed. Licensed producers and registered processors are not required to obtain a handler’s license.
Delaware Domestic Hemp Production Program Handler Application
Delaware State Food Establishment Permit
Delaware Health and Social Services Office of Food Protection
Food Establishment Manufacturing Facility Permitting
State Laws
DE Approved Hemp Plan
3 Delaware Code, Section 101(2) and (3)
PLANT INDUSTRIES SECTION
Statutory Authority: 3 Delaware Code, Section 101(2) and (3) (3 Del.C. §101(2) & (3))
805 Rules and Regulations for Delaware Domestic Hemp Production Program
Frequently Asked Questions
Do you need a license to Sell CBD products in Delaware?
No. You do not need a state license to sell CBD products in Delaware.
Do you need a license to Sell hemp-derived products in Delaware?
No. You do not need a state license to sell hemp-derived products in Delaware.
Are there any hemp products you can't sell in Delaware?
No. You can sell any hemp-derived products with less than 0.3% Delta 9 THC.
Is it legal to sell Hemp Flower in Delaware?
Yes. You can sell hemp flower in Delaware.
Do you need a license to Manufacture CBD products in Delaware?
No. You do not need a license to manufacture CBD products in Delaware. However, you may need a food permit if you are manufacturing CBD-infused food products.
Do you need a license to Manufacture hemp products in Delaware?
No. You do not need a license to manufacture hemp-derived products in Delaware. However, you may need a food permit if you are manufacturing food products.
Does Delaware have an approved Hemp Plan?
Do you need a license to Grow hemp in Delaware?
Yes. To grow hemp, you’ll need a Hemp Producers License from the Delaware Department of Agriculture (DDA).
Who regulates Hemp Farming in Delaware?
The Delaware Department of Agriculture (DDA) oversees all industrial hemp farming.
Do you need a license to Extract hemp in Delaware?
Yes. You’ll need a Hemp Processors License from the Delaware Department of Agriculture (DDA).
If you have any other questions about starting a hemp company in Delaware, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Florida (FL)
Florida Hemp & CBD License Requirements
Industrial hemp is governed by the Department of Agriculture and Consumer Services’ (FDACS) which is broken down into three regulatory divisions: the Division of Food Safety (FS), Division of Agricultural Environmental Services (AES), and the Division of Plant Industry (DPI). Also, the Department of Business and Professional Regulations (DBPR) oversees some non-consumable products such as Topicals. To grow hemp, you’ll need a Cultivation License from the FDACS.
If you extract, manufacture, sell, store, or distribute hemp extracts or manufacture finished hemp-derived ingestible products, you’ll need a Hemp Food Establishment Permit from the Division of Food Safety. If you only manufacture topicals, you’ll need to contact the DBPR for licensing requirements. If you make hemp-derived pet products including tinctures or pet treats, you’ll need to obtain a Feed Registration from the AES and report your quarterly tonnage (weight of the products sold) every quarter.
If you sell hemp-derived products either in a brick-and-mortar retail shop or online ecommerce store, you’ll need a hemp product retail license.
What does Florida have to say about Delta 8?
Delta 8: At this time any hemp product intended for human or animal ingestion or inhalation which is sold in Florida must comply with all Florida statutes and rules. Any hemp or hemp extract products offered for sale or sold in Florida must comply with all labeling rules and have a certificate of analysis that shows a total THC (THCA x .8777 + THC Delta 9 = total THC) content of 0.3% or less. Any hemp or hemp extract product that does not comply with all statutes and rules is subject to enforcement and possible destruction by the Florida Department of Agriculture and Consumer Services.
➖Manufacture (State Registration Required)
✔️Purchase
✔️Possess
✔️Use
➖Sell (State Registration Required)
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Florida?
The following agencies are involved in hemp and hemp-derived products in Florida. The Department of Agriculture and Consumer Services (FDACS) which is broken down into three regulatory divisions: the Division of Food Safety (FS), Division of Agricultural Environmental Services (AES), and the Division of Plant Industry (DPI). You may also need a license from the Department of Business and Professional Regulations (DBPR)
Which Florida State Agency is in charge of Hemp farming?
The Department of Agriculture and Consumer Services (FDACS)’s Division of Plant Industry (DPI) oversees hemp farming and Cultivation Licenses to hemp growers in Florida.
Which Florida State Agency is in charge of consumable hemp products?
The Department of Agriculture and Consumer Services (FDACS)’s Division of Food Safety is in charge of Consumable Hemp Products. If you extract, manufacture, sell, store, or distribute hemp extracts or manufacture finished hemp-derived ingestible products, you’ll need a Hemp Food Establishment Permit from the Division of Food Safety.
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Florida.
Department of Agriculture and Consumer Services (FDACS)
The Department of Agriculture and Consumer Services (FDACS) is broken down into three regulatory divisions: the Division of Food Safety (FS), Division of Agricultural Environmental Services (AES), and the Division of Plant Industry (DPI).
FDACS Division of Food Safety (FS)
FDACS Division of Food Safety (FS) oversees businessess that extract, manufacture, sell, store, or distribute hemp extracts or manufacture finished hemp-derived ingestible products. To perform any of these tasks in Florida, you’ll need a Hemp Food Establishment Permit from the Division of Food Safety.
FDACS Division of Agricultural Environmental Services (AES)
FDACS Division of Agricultural Environmental Services (AES) is in charge of hemp infused animal feed and CBD products for pets. If you make hemp-derived pet products including tinctures or pet treats, you’ll need to obtain a Feed Registration from the AES and report your quarterly tonnage (weight of the products sold) every quarter.
FDACS Division of Plant Industry (DPI)
FDACS Division of Plant Industry (DPI) is in charge of Hemp Farming and Cultivation. To grow hemp, you’ll need a Cultivation License from the DPI.
Department of Business and Professional Regulations (DBPR)
Department of Business and Professional Regulations (DBPR) requires a license for any business that only manufactures or sells topicals.
Florida Hemp Licenses & Applications
Below you’ll find two charts, one for retail and manufacturing and the other for industrial hemp cultivation and seed dealers. Click on either of the charts to download the PDF Chart from the FDACS State Website.
Below the two charts, you’ll find a list of all hemp licenses. Please click on any of the licenses below to learn more about each Florida state hemp license and get links to apply online or download the application.
Florida Retail Food Establishment Permit
Florida Retail Food Establishment Permit
The Florida Department of Agriculture and Consumer Services (FDACS) issues retail food permits to food establishments selling directly to customers. These food establishments may include supermarkets, grocery stores, convenience stores, coffee shops, bakeries, retail meat markets, retail seafood markets, juice and smoothie bars, ice/water vending machines, food salvage stores, businesses selling prepackaged foods (including hemp extract intended for human consumption, which includes CBD or other cannabinoids), and FDACS-regulated mobile food units selling only prepackaged foods or non-potentially hazardous food items.
Online Services
Program Resources
Contact Us
(850) 245-5520
(850) 245-5553 Fax
FoodSafety@FDACS.gov
Division of Food Safety
3125 Conner Blvd., Ste. B
Tallahassee, FL 32399-1650
Florida Wholesale/Manufactured Food Establishment Permit
Wholesale/Manufactured Food Program
The Florida Department of Agriculture and Consumer Services (FDACS) issues wholesale/manufactured food permits to bottled water plants, food processing plants, food storage warehouses and other food establishments that manufacture, process, pack, hold or prepare food for sale or distribution to other businesses. This includes hemp extract intended for ingestion or inhalation, which includes CBD or other cannabinoids.
Florida Wholesale/Manufactured Food Establishment Permit
Wholesale/Manufactured Food Program Labeling Requirements
How to Register as a Food Facility
Food facility registration can be found at FDA Industry Systems.
FDA’s Food Facility Registration User Guide: Step-by-Step Instructions.
Online Services
Program Resources
Contact Us
(850) 245-5520
(850) 245-5553 Fax
FoodSafety@FDACS.gov
Division of Food Safety
3125 Conner Blvd., Ste. B
Tallahassee, FL 32399-1650
Florida Business License for Cosmetics
Department of Business and Professional Regulations (DBPR) requires a license for any business that only manufactures or sells topicals.
Florida Feed Distributor License
A feed distributor license is required if you sell Hemp or CBD Pet food or treats.
Feed Licensing and Regulatory Website
Hemp and Animal Feed
According to Florida law, pet food, pet treats, specialty pet food and specialty pet treats are the only kinds of animal products that can consist of or contain hemp extract. These products cannot contain more than 0.3% total delta-9-tetrahydrocannabinol (THC) concentration on a dry weight basis.
The term “specialty pet” means any animal normally maintained in a household, including rodents, ornamental birds, ornamental fish, reptiles and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur. “Pet food” and “pet treats” are made to be eaten by dogs and cats, and “specialty pet food” and specialty pet treats” are made to be eaten by specialty pets.
Labeling Requirements
Basic Animal Feed Labeling Requirements
Any commercial feed distributed in Florida must be accompanied by a legible label bearing the following information:
- Name and principal address of the company
- Brand name and product name (if any)
- Guaranteed analysis (minimum percentage of crude protein, minimum percentage of crude fat, and maximum percentage of crude fiber)
- List of ingredients in descending order by their predominance of weight in formulation
- Net weight or quantity
Hemp Feed Labeling Requirements
In addition to the basic animal feed labeling requirements, pet food, pet treats, specialty pet food and specialty pet treats that consist of or contain hemp extract must include the following:
- Scannable barcode/quick response code (QR code) linked to the certificate of analysis of the hemp extract batch (prepared by an independent testing laboratory)
- Batch number
- Internet address of a website where batch information may be obtained
- Expiration date
- Number of milligrams of each marketed cannabinoid per serving
- Statement that the product contains a total delta-9-tetrahydrocannabinol (THC) concentration that does not exceed 0.3% on a dry weight basis
- The phrase “NOT FOR HUMAN CONSUMPTION” to clearly differentiate the animal feed product from similar food items that are approved for human consumption
Florida Hemp Cultivation License
Florida Seed Dealer License
FL Seed Dealer Licensing and Information
Seed Dealer License
Seed dealers are required to obtain a license from FDACS.
Florida Industrial Hemp Transportation Compliance Documents
State Laws
USDA Florida Approved Hemp Plan
Florida Statutes Chapter 500
Florida Statutes
Chapter: 500
Code of Federal Regulations 21 CFR 101
Code of Federal Regulations
21 CFR 101
Florida Administrative Code 5B-57.014 State Hemp Program
5B-57.014 State Hemp Program
Florida Administrative Code 5E-3 Feed Rule
5E-3 Feed Rule
Florida Administrative Code 5E-4 Seed Rule
5E-4 Seed Rule
Florida Administrative Code 5K-4.034 Food Safety Rule
5K-4.034 Food Safety Rule
Florida Administrative Code 5B-57.014 State Hemp Program
5B-57.014 State Hemp Program
Frequently Asked Questions
What does Florida have to say about Delta 8?
Delta 8: At this time any hemp product intended for human or animal ingestion or inhalation which is sold in Florida must comply with all Florida statutes and rules. Any hemp or hemp extract products offered for sale or sold in Florida must comply with all labeling rules and have a certificate of analysis that shows a total THC (THCA x .8777 + THC Delta 9 = total THC) content of 0.3% or less. Any hemp or hemp extract product that does not comply with all statutes and rules is subject to enforcement and possible destruction by the Florida Department of Agriculture and Consumer Services.
Do you need a license to Sell CBD products in Florida?
Yes. You need a Florida Retail Food Establishment Permit to selll CBD products in Florida.
The Florida Department of Agriculture and Consumer Services (FDACS) issues retail food permits to food establishments selling directly to customers. These food establishments may include supermarkets, grocery stores, convenience stores, coffee shops, bakeries, retail meat markets, retail seafood markets, juice and smoothie bars, ice/water vending machines, food salvage stores, businesses selling prepackaged foods (including hemp extract intended for human consumption, which includes CBD or other cannabinoids), and FDACS-regulated mobile food units selling only prepackaged foods or non-potentially hazardous food items.
Do you need a license to Sell hemp-derived products in Florida?
Yes. You need a Florida Retail Food Establishment Permit to selll hemp-derived products in Florida.
The Florida Department of Agriculture and Consumer Services (FDACS) issues retail food permits to food establishments selling directly to customers. These food establishments may include supermarkets, grocery stores, convenience stores, coffee shops, bakeries, retail meat markets, retail seafood markets, juice and smoothie bars, ice/water vending machines, food salvage stores, businesses selling prepackaged foods (including hemp extract intended for human consumption, which includes CBD or other cannabinoids), and FDACS-regulated mobile food units selling only prepackaged foods or non-potentially hazardous food items.
Are there any hemp products you can't sell in Florida?
No. All hemp-derived products are okay to sell as long as your are licensed and they contain less than 0.3% Delta 9 THC.
Is it legal to sell Hemp Flower in Florida?
Yes. You can sell hemp flower in Florida.
Is it legal to sell Hemp-derived Vapes in Florida?
Yes. You can sell hemp vaping products in Florida.
Who regulates Consumable Hemp Products in Florida?
FDACS Division of Food Safety (FS) oversees businessess that extract, manufacture, sell, store, or distribute hemp extracts or manufacture finished hemp-derived consumable hemp products.
Do you need a license to Manufacture CBD products in Florida?
Yes. To manufacture CBD products in Florida, you’ll need a Florida Wholesale/Manufactured Food Establishment Permit from the FDACS Division of Food Safety (FS)’s Wholesale/Manufactured Food Program.
Do you need a license to Manufacture hemp products in Florida?
Yes. To manufacture hemp-derived products in Florida, you’ll need a Florida Wholesale/Manufactured Food Establishment Permit from the FDACS Division of Food Safety (FS)’s Wholesale/Manufactured Food Program.
Does Florida have an approved Hemp Plan?
Do you need a license to Grow hemp in Florida?
Yes. To grow hemp in Florida, you need a Florida Hemp Cultivation Licesne from the FDACS.
Who regulates Hemp Farming in Florida?
Hemp Growers and hemp farming are regulated by the Florida Department of Agricultural and Consumer Services FDACS.
Do you need a license to Extract hemp in Florida?
Yes. To extract industrial hemp into concentrates in Florida, you’ll need a Florida Wholesale/Manufactured Food Establishment Permit from the FDACS Division of Food Safety (FS)’s Wholesale/Manufactured Food Program.
If you have any other questions about Florida Hemp Licenses, give us a call (850) 299-9624. Hemp Lively is a licensed hemp-derived product manufacturer in Florida. Food Entity #391667
Georgia (GA)
Georgia Hemp & CBD License Requirements
Industrial hemp is governed by Georgia Department of Agriculture (GDA). To grow hemp, you’ll need a Hemp Grower License. To process hemp, which includes extraction into concentrates, requires a Hemp Processor Application. Licensing only applies to farming and agricultural crops through the point of extraction into a concentrate. It does not include hemp-derived product manufacturing for which you do not need a hemp license. You also do not need a license to sell hemp-derived products in Georgia. However, you may need a Food License if you plan on manufacturing food products.
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Georgia?
Industrial hemp is governed by the Delaware Department of Agriculture (GDA).
Which Georgia State Agency is in charge of Hemp Farming?
Industrial hemp farming is governed by the Delaware Department of Agriculture (GDA).
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Georgia.
Georgia Department of Agriculture (GDA)
Georgia Department of Public Health (DPH)
Georgia Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Georgia state hemp license and get links to apply online or download the application.
Georgia Hemp Growers License
GDA’s Hemp program manages Hemp Grower licenses. For more details, including a full list of regulations, see the GA Hemp program page.
You Need this License If
You are an individual or business that wishes to grow hemp in Georgia. If you grow hemp and process it yourself, you need both a Hemp Grower license and a GA Hemp Processor permit.
Fees and License Period
Licenses are good through December 31 of the year they are issued.
The fee is $50 per acre you intend to cultivate (up to a maximum fee of $5,000).
How to Apply for or Renew your License
Complete your applications and renewals for Hemp Grower licenses online through the GDA Hemp Licensing and Reporting System using the links below.
Before you start, please read the Hemp Grower License Application Guide.
Background checks:
As part of the application/renewal process you will need to get a background check each year. Do not go for a background check until you receive an email from GDA with the access code and instructions.
What Happens When You Apply for a License
- When you apply online for your license, you will first have to create an account in the system.
- There are several sections to this application. While you are working on your application, you may save your progress and return at any time.
- Once you submit your application, our staff will review your S&V paperwork.
- When the S&V paperwork has been approved, Hemp program staff will review your application. They may have questions or need to be discussed further, so please make sure that your contact information is correct and that you respond promptly if someone tries to reach you.
- Once the program review is complete, you will receive an email with instructions on how to complete a background check. Everyone listed as a “key participant” must complete the check.
- GDA will get the results electronically. After our staff has reviewed the results, you will receive an email letting you know that the application has been fully approved and you can pay your application fee.
To pay your fee, you will log in to the Hemp Licensing System and pay online. Once you have paid, your license certificate will immediately be available for saving or printing.
Respond promptly to any questions or notifications, and make sure GDA can contact you if needed!
Apply for a Georgia Hemp Grower License
GA Hemp Grower License Application Guide
What we require on your application:
- Your physical and mailing addresses
- A valid phone number and email address
EIN and Certificate of Existence (for businesses only)
Deed/Lease and Property Legal Description
Legal Identification
Valid Email Address
S&V Paperwork
Annotated Aerial Map/Image and GPS coordinates
Georgia Hemp Processor License
You need a Hemp Processor permit if you are an individual or business that wishes to process hemp in Georgia, including hemp that you grow yourself.
GDA’s Hemp program manages Hemp Processor permits licenses. For more details, including a full list of regulations, see the Hemp program page.
Hemp Processor Application Guide
You Need this License If
You are an individual or business that wishes to process hemp in Georgia. If you grow hemp and process it yourself, you need both a Hemp Grower license and a Hemp Processor permit.
Fees and License Period
Licenses are good through December 31 of the year they are issued.
The fee is $25,000 annually.
How to Apply for or Renew your License
Complete your applications and renewals for Hemp Processor permits online through the GDA Hemp Licensing and Reporting System using the links below.
Before you start, please read the Hemp Processor Permit Application Guide.
Background checks: as part of the application/renewal process you will need to get a background check each year. Do not go for a background check until you receive an email from GDA with the access code and instructions.
What Happens When You Apply for a Permit
- When you apply online for your permit, you will first have to create an account in the system.
- There are several sections to this application. While you are working on your application, you may save your progress and return at any time.
- Once you submit your application, our staff will review your S&V paperwork.
- When the S&V paperwork has been approved, Hemp program staff will review your application. They may have questions or need to be discussed further, so please make sure that your contact information is correct and that you respond promptly if someone tries to reach you.
- Once the program review is complete, you will receive an email with instructions on how to complete a background check. Everyone listed as a “key participant” must complete the check.
- GDA will get the results electronically. After our staff has reviewed the results, you will receive an email letting you know that the application has been fully approved and you can pay your application fee.
To pay your fee, you will log in to the Hemp Licensing System and pay online. Once you have paid, your certificate will immediately be available for saving or printing.
Respond promptly to any questions or notifications, and make sure GDA can contact you if needed!
Apply for a new Hemp Processor Permit
What we require on your application:
- Your physical and mailing addresses
- A valid phone number and email address
EIN and Certificate of Existence (for businesses only)
Deed/Lease and Property Legal Description
Legal Identification
Valid Email Address
S&V Paperwork
Annotated Aerial Map/Image and GPS coordinates
Surety Bond (for processors only)
Contact Us
Licensing:
GDALicensing@agr.georgia.gov
Georgia State Food Service Establishment License
State Laws
Georgia Approved Hemp Plan
Georgia Hemp Farming Act (O.C.G.A. § 2-23-1)
Georgia Hemp Grower and Processor Rules (Rule 40-32)
Frequently Asked Questions
Do you need a license to Sell CBD products in Georgia?
No. You do not need a state license to sell CBD products in Georgia.
Do you need a license to Sell hemp-derived products in Georgia?
No. You do not need a state license to sell hemp-derived products in Georgia.
Are there any hemp products you can't sell in Georgia?
No. You can sell any hemp-derived products with less than 0.3% Delta 9 THC.
Is it legal to sell Hemp Flower in Georgia?
Yes. You can sell hemp flower in Georgia.
Do you need a license to Manufacture CBD products in Georgia?
No. You do not need a license to manufacture CBD products in Georgia. However, you may need a food permit if you are manufacturing CBD-infused food products.
Do you need a license to Manufacture hemp products in Georgia?
No. You do not need a license to manufacture hemp-derived products in Georgia. However, you may need a food permit if you are manufacturing food products.
Does Georgia have an approved Hemp Plan?
Do you need a license to Grow hemp in Georgia?
Yes. To grow hemp, you’ll need a Hemp Producers License from the Georgia Department of Agriculture (GDA).
Who regulates Hemp Farming in Georgia?
The Georgia Department of Agriculture GDA) oversees all industrial hemp farming.
Do you need a license to Extract hemp in Georgia?
Yes. You’ll need a Hemp Processors License from the Georgia Department of Agriculture (GDA).
If you have any other questions about starting a hemp company in Georgia, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Hawaii (HI)
Hawaii Hemp License Requirements
Industrial hemp is governed by the State of Hawaii Department of Agriculture (HDA) and the USDA. All grower applications must be done through the USDA. To transport hemp crops, you’ll need to fill out a Hemp Transportation Report.
To process hemp (extraction), you’ll need to register with the State of Hawaii’s Department of Health (DOH) Food and Drug Branch and fill out a Hawaii Hemp Processor Registration Application. You do not need a license to manufacture or sell hemp-derived products in Hawaii. However, you may need a food permit to manufacture some food products.
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Hawaii?
Industrial hemp farming is governed by the State of Hawaii Department of Agriculture (HDA) through the USDA. Hemp Production Licenses are issued directly through the USDA.
The State of Hawaii Depratment of Health (DOH) has two branches that oversee both extraction and food manufacturing.
The State of Hawaii Department of Health (DOH) Food and Drug Branch is in charge of Hemp Processing (extraction) licenses while the State of Hawaii Department of Health (DOH) Food Safety Branch issues Food Establishment Permits for finished food product manufacturing. There is no hemp-specific manufacturing license.
Which Hawaii State Agency is in charge of Hemp Farming?
Industrial hemp farming is governed by the State of Hawaii Department of Agriculture (HDA) and the USDA. All industrial hemp production (grower) licenses are issued directly from the USDA.
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Hawaii.
United States Department of Agriculture (USDA) - Hemp Producers (Growers)
United States Department of Agriculture (USDA) Hemp Production
USDA Contact Information
Members of the industry with questions about the U.S. Domestic Hemp Production Program should contact the Agricultural Marketing Service (AMS) at (888) 721-HEMP(4367)
Email USDA: Farmbill.Hemp@usda.gov
Email Hawaii: hemp@hawaii.gov
State of Hawaii Department of Agriculture (HDA) - Hemp Growers & Transporters
State of Hawaii Department of Agriculture (HDA) Hemp Production (growers & transporters)
State of Hawaii Department of Agriculture Quality Assurance Division - Hemp Transport
State of Hawaii Department of Agriculture (HDA) Quality Assurance Division
HEMP TRANSPORTATION
Use this form to report the transportation of hemp outside of a field of legal cultivation Hawaii HP-1 Transportation Report
Who: Only USDA licensed hemp producers may transport hemp outside of a field of legal cultivation.
What: Any planned transportation (including importation, inter-island, intra-island, and exportation) of the following must be reported:
- Live hemp plants, propagative plant parts, viable seeds
- Harvested hemp floral material in raw botanical form (including dried)
- Harvested hemp leaf material in raw botanical form (including dried).
When: A transportation report must be submitted at least three business days prior to the date of transportation.
A report is NOT required for transportation of the following:
- Hemp products/processed hemp
- Mature stalk material
- Retted fiber
- Non-viable seed
NOTE: Any transportation of hemp must abide by all applicable laws and regulations, including but not limited to state requirements regarding the importation, inter-island transportation, or exportation of live seed, live plants, and cut flowers.
See https://hdoa.hawaii.gov/pi/pq/ for more information on import, export, and in state movement of live seed, live plants, and cut/fresh plant materials which may be applicable to your planned transportation.
Send the completed Transportation Report to: hemp@hawaii.gov as a single attachment.
Or by mail to:
Quality Assurance Division
ATTN: Hemp
1851 Auiki St.
Honolulu, HI 96819
NOTE: If mailing, you must ensure that the report will arrive three business days prior to the planned transportation.
Program Contact: hemp@hawaii.gov
State of Hawaii Department of Health (DOH) Food and Drug Branch - Hemp Processing (Extraction)
State of Hawaii Department of Health (DOH) Food and Drug Branch Hemp Processing Registry
Please download the registration form and follow the instructions on the form for submission. A hard copy of the form with original ink signatures and a check must be mailed to FDB.
Hawaii Hemp Processor Registration Application
Hawaii Hemp Processor Registration Renewal Application
Mail application and payment (business check or cashier’s check) to:
DOH Food and Drug Branch
99-945 Halawa Valley Street
Aiea, Hawaii 96701
State of Hawaii Department of Health (DOH) Food Safety Branch - Food Establishment Permits (Manufacturing)
State of Hawaii Department of Health (DOH) Food Safety Branch
Although there are no hemp-derived product manufacturing licenses specifically for hemp, you may need a Food Establishment Permit if you manufacture ingestible and consumable hemp-derived products such as Delta 8 Gummies. Below are the available Food Establishment Permit Licenses in Hawaii.
OAHU Food Establishment Permit Application
HILO Food Establishment Permit Application
KONA Food Establishment Permit Application
Hawaii Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Hawaii state hemp license and get links to apply online or download the application.
HI USDA Hemp Production (Growers) License
United States Department of Agriculture (USDA) Hemp Production
USDA Contact Information
Members of the industry with questions about the U.S. Domestic Hemp Production Program should contact the Agricultural Marketing Service (AMS) at (888) 721-HEMP(4367)
Email USDA: Farmbill.Hemp@usda.gov
Email Hawaii: hemp@hawaii.gov
Hawaii Hemp Transportation Registration
State of Hawaii Department of Agriculture (HDA) Hemp Production ( transporters)
HEMP TRANSPORTATION
Use this form to report the transportation of hemp outside of a field of legal cultivation HP-1 Transportation Report
Who: Only USDA licensed hemp producers may transport hemp outside of a field of legal cultivation.
What: Any planned transportation (including importation, inter-island, intra-island, and exportation) of the following must be reported:
- Live hemp plants, propagative plant parts, viable seeds
- Harvested hemp floral material in raw botanical form (including dried)
- Harvested hemp leaf material in raw botanical form (including dried).
When: A transportation report must be submitted at least three business days prior to the date of transportation.
A report is NOT required for transportation of the following:
- Hemp products/processed hemp
- Mature stalk material
- Retted fiber
- Non-viable seed
NOTE: Any transportation of hemp must abide by all applicable laws and regulations, including but not limited to state requirements regarding the importation, inter-island transportation, or exportation of live seed, live plants, and cut flowers. See https://hdoa.hawaii.gov/pi/pq/ for more information on import, export, and in state movement of live seed, live plants, and cut/fresh plant materials which may be applicable to your planned transportation.
Send the completed Transportation Report to: hemp@hawaii.gov as a single attachment.
Or by mail to:
Quality Assurance Division
ATTN: Hemp
1851 Auiki St.
Honolulu, HI 96819
NOTE: If mailing, you must ensure that the report will arrive three business days prior to the planned transportation.
Program Contact: hemp@hawaii.gov
Hawaii Hemp Processor License
State of Hawaii Department of Health (DOH) Food and Drug Branch Hemp Processing Registry
Hemp Processing License is required to extract hemp into extracts and concentrates intended for human consumption. This license is not required to manufacture finished hemp-derived products such as tinctures. However, additional licensing would be required to manufacture food products by themselves or infused with hemp extract.
Please download the registration form and follow the instructions on the form for submission. A hard copy of the form with original ink signatures and a check must be mailed to FDB.
Hawaii Hemp Processor Registration Application
Hawaii Hemp Processor Registration Renewal Application
Mail application and payment (business check or cashier’s check) to:
DOH Food and Drug Branch
99-945 Halawa Valley Street
Aiea, Hawaii 96701
Hawaii Food Establishment License
State of Hawaii Department of Health (DOH) Food Safety Branch
Although there are no hemp-derived product manufacturing licenses specifically for hemp, you may need a Food Establishment Permit if you manufacture ingestible and consumable hemp-derived products such as Delta 8 Gummies. Below are the available Food Establishment Permit Licenses in Hawaii.
OAHU Food Establishment Permit Application
HILO Food Establishment Permit Application
KONA Food Establishment Permit Application
State Laws
Hawaii Hemp Plan
Hawaii uses the USDA Hemp Plan instead of a state specific plan. Licensing is done through the USDA for Industrial Hemp Growers (Producers).
Hawaii Revised Statutes (HRS) Chapter 328 – Food, Drugs and Cosmetics
Hawaii Revised Statutes (HRS) Chapter 328 – Hawaii Revised Statutes (HRS) Chapter 328 – Food, Drugs and Cosmetics
Hawaii Revised Statutes (HRS) Chapter 328D – Bottled Water
Hawaii Revised Statutes (HRS) Chapter 328D – Hawaii Revised Statutes (HRS) Chapter 328D – Bottled Water
Hawaii Revised Statutes (HRS) Chapter 328G – Hemp Processors
Hawaii Administrative Rules (HAR) Chapter 11-29 – Food and Food Products
Hawaii Administrative Rules (HAR) Chapter 11-37 – Hemp Processing and Hemp Products effective April 29, 2022
Hawaii Administrative Rules (HAR) Chapter 11-37 – Hemp Processing and Hemp Products effective April 29, 2022
Definitions
What's the definition of "Delta-9 tetrahydrocannabinol" or "THC" in Hawaii's statutes?
“Delta-9 tetrahydrocannabinol” or “THC” means the primary psychoactive component of cannabis.
What's the definition of "Hemp" in Hawaii's statutes?
“Hemp” means Cannabis sativa L. and any part of that plant, whether growing or not, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or by other similarly reliable methods.
What's the definition of "Hemp processor" in Hawaii's statutes?
“Hemp processor” means a person processing hemp to manufacture a hemp product.
What's the definition of "Hemp product" in Hawaii's statutes?
“Hemp product” means a product that:
(1) Contains naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins or derivatives from processed hemp; 37-6 §11-37-2
(2) Does not include any living hemp plants, viable seeds, leaf materials, or floral materials;
(3) Has a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent, as measured post-decarboxylation, or other similarly reliable methods;
(4) Is intended to be consumed orally to supplement the human or animal diet; and
(5) Is in the form of a tablet, capsule, powder, softgel, gelcap, or liquid form (e.g. hemp oil) to be used by the consumer to infuse edible items at home for personal use or for topical application to the skin or hair.
For purposes of this chapter, a hemp product shall be considered as intended for oral ingestion in liquid form only if it is formulated in a fluid carrier and it is intended for ingestion in daily quantities measured in drops or similar small units of measure per labeled directions for use.
What's the definition of "Manufacture" in Hawaii's statutes?
“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a hemp product, but does not include planting, growing, harvesting, drying, curing, grading, or trimming a hemp plant or part of a hemp plant.
What's the definition of "Processing" in Hawaii's statutes?
“Processing” means making a transformative change to the hemp plant following harvest by converting an agricultural commodity into a hemp product.
What's the definition of "Reprocessing" in Hawaii's statutes?
“Reprocessing” means using, in the manufacture of a hemp product, clean, uncontaminated components or hemp products that have been previously removed from manufacturing and that have been made suitable for use in the manufacture of a hemp product.
What's the definition of "Total tetrahydrocannabinol" or "total THC" in Hawaii's statutes?
“Total tetrahydrocannabinol” or “total THC” means the sum of the percentage by weight of:
(1) Delta-9-tetrahydrocannabinolic acid (D9-
THCA) multiplied by 0.877; and
(2) Delta-9-tetrahydrocannabinol (D9-THC).
Frequently Asked Questions
Do you need a license to Sell CBD products in Hawaii?
No. You do not need a state license to sell CBD products in Hawaii.
Do you need a license to Sell hemp-derived products in Hawaii?
No. You do not need a state license to sell hemp-derived products in Hawaii.
Are there any hemp products you can't sell in Hawaii?
Yes. Flower is banned in Hawaii which includes hemp cigarettes and prerolls.
(e) No person shall sell, hold for sale, offer,
or distribute any hemp leaf or hemp floral material that is intended to be smoked or inhaled, including but not limited to hemp cigars or hemp cigarettes.
Is it legal to sell Hemp Flower in Hawaii?
No. You cannot sell hemp flower, hemp cigarettes, or hemp prerolls in Hawaii.
(e) No person shall sell, hold for sale, offer,
or distribute any hemp leaf or hemp floral material that is intended to be smoked or inhaled, including but not limited to hemp cigars or hemp cigarettes.
Do you need a license to Manufacture CBD products in Hawaii?
No. You do not need a license to manufacture CBD products in Hawaii. However, you may need a food permit if you are manufacturing CBD-infused gummies.
Do you need a license to Manufacture hemp products in Hawaii?
No. You do not need a license to manufacture hemp-derived products in Hawaii. However, you may need a food permit if you are manufacturing ingestible or edible products such as hemp-derived gummies.
Does Hawaii have an approved Hemp Plan?
No. Hawaii uses the USDA Hemp Plan instead of a state specific plan. Licensing is done through the USDA for Industrial Hemp Growers (Producers).
Do you need a license to Grow hemp in Hawaii?
Yes. To grow hemp, you’ll need a Hemp Producers License from the State of Hawaii Department of Agriculture (HDA).
Who regulates Hemp Farming in Hawaii?
The State of Hawaii Department of Agriculture (HDA) and the USDA regulate all industrial hemp farming.
Do you need a license to Extract hemp in Hawaii?
Yes. You’ll need a Hemp Processors License from the State of Hawaii Department of Health (DOH) Food and Drug Branch to extract hemp into extracts and concentrates intended for human consumption once manufactured into finished hemp products.
If you have any other questions about starting a hemp company in Hawaii, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Idaho (ID)
Idaho Hemp & CBD License Requirements
Industrial hemp is governed by the Idaho State Department of Agriculture (ISDA) Hemp Program. To grow hemp, you’ll need An ISDA Hemp Producer License. To handle industrial hemp, you’ll need a Hemp Handler License. All applications are filled out on the ISDA’s Online Licensing Portal. Video tutorials of the registration and licensing process are located on their Idaho State Department of Agriculture Hemp Resources page.
You do not need a license to manufacture or sell finished CBD products in Idaho. However, if you manufacture food products, you may need a Food Establishment License from one of seven different Idaho Health District agencies.
You will find plenty of outdated information on their website so please verify the publishing date before taking into consideration the verbiage which may be contradictory to these facts. We’ve only added the most applicable links to avoid any confusion. Idaho has put out a helpful ISDA Rules Governing Hemp handbook with laws and FAQs.
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Which state agency is in charge of Hemp Licensing in Idaho?
Industrial hemp licenses are issued by the Idaho State Department of Agriculture (ISDA) through their Industrial Hemp Program.
Which Idaho State Agency is in charge of Hemp Farming?
Industrial hemp farming is governed by the the Idaho State Department of Agriculture (ISDA).
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Idaho.
Idaho State Department of Agriculture (ISDA)
Idaho State Department of Agriculture (ISDA) Hemp Program
Idaho State Department of Agriculture Hemp Resources page
ISDA’s Online Licensing Portal
Licenses:
- Hemp Producer License
- Hemp Handler License
Contact Information
The Idaho State Department of Agriculture Bureau of Food Safety, Hemp and Hops is open Monday through Friday from 8:00 AM to 5:00 PM.
- Physical Address: 2270 Old Penitentiary Road, Boise, ID 83712
- Mailing Address: PO Box 7249, Boise, ID 83707
- Main Office: (208) 332-8502
- Fax Number: (208) 334-2170
Idaho District Health Agencies (Food Establishment Licenses)
PUBLIC HEALTH DISTRICTS
There are seven different Idaho Health District agencies, each with their own Food Establishment Licenses. Below are a list of Idaho health districts with contact information and links to thier websites.
District 1: Panhandle Health District
1-208-415-5100
1-208-799-3100
1-208-455-5300
1-208-375-5211
1-208-737-5900
1-208-233-9080
1-208-522-0310
Idaho Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Idaho state hemp license and get links to apply online or download the application.
ISDA Hemp Producer License (Growers)
ISDA Hemp Handler License
Idaho Food Establishment Licenses
PUBLIC HEALTH DISTRICTS
There are seven different Idaho Health District agencies, each with their own Food Establishment Licenses. Below are a list of Idaho health districts with contact information and links to thier websites.
District 1: Panhandle Health District
1-208-415-5100
1-208-799-3100
1-208-455-5300
1-208-375-5211
1-208-737-5900
1-208-233-9080
1-208-522-0310
State Laws
Idaho Approved Hemp Plan
ISDA Rules Governing Hemp Handbook
Industrial Hemp Research and Development Act
HOUSE BILL NO. 126
Frequently Asked Questions
Do you need a license to Sell CBD products in Idaho?
No. You do not need a state license to sell CBD products in Delaware.
Do you need a license to Sell hemp-derived products in Idaho?
No. You do not need a state license to sell hemp-derived products in Delaware.
Are there any hemp products you can't sell in Idaho?
No. You can sell any hemp-derived products with less than 0.3% Delta 9 THC.
Is it legal to sell Hemp Flower in Idaho?
Yes. You can sell hemp flower in Idaho.
Do you need a license to Manufacture CBD products in Idaho?
No. You do not need a license to manufacture CBD products in Delaware. However, you may need a food permit if you are manufacturing CBD-infused food products.
Do you need a license to Manufacture hemp products in Idaho?
No. You do not need a license to manufacture hemp-derived products in Delaware. However, you may need a food permit if you are manufacturing food products.
Does Idaho have an approved Hemp Plan?
Do you need a license to Grow hemp in Idaho?
Yes. To grow hemp, you’ll need a Hemp Producers License from the Delaware Department of Agriculture (DDA).
Who regulates Hemp Farming in Idaho?
The Delaware Department of Agriculture (DDA) oversees all industrial hemp farming.
Do you need a license to Extract hemp in Idaho?
Yes. You’ll need a ISDA Hemp Handler License to extract industrial hemp into concentrates.
If you have any other questions about starting a hemp company in Idaho, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Illinois (IL)
Illinois Hemp & CBD License Requirements
Industrial hemp is governed by the Illinois Department of Agriculture. To grow, process, or handle industrial hemp, you’ll need an Industrial Hemp License. However, this stops at the point of extraction. You do not need a license to manufacture or sell finished hemp-derived products. However, if you manufacture or sell hemp-infused food products, you may need an Illinois Food License from the Illinois Department of Public Health (IDPH). Illinois also has some laws regarding their marijuana (cannabis) program which do not allow hemp flower to be sold at dispensaries.
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Illinois?
Industrial hemp is governed by the Illinois Department of Agriculture (IDOA). Food Permits for both wholesale and manufacturing food establishments as well as retail food establishments are licensed by the Illinois Department of Public Health (IDPH).
Which Illinois State Agency is in charge of Hemp Farming?
Industrial hemp farming is governed by the Illinois Department of Agriculture (IDOA).
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Illinois.
Illinois Department of Agriculture (IDOA)
Illinois Department of Agriculture (IDOA) Industrial Hemp Program
To Grow, Process, or Handle Industrial Hemp, you’ll need to obtain an Industrial Hemp License by applying online with the IDOA.
Illinois Department of Public Health (IDPH)
Illinois Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Illinois state hemp license and get links to apply online or download the application.
Illinois Industrial Hemp License
Illinois Department of Agriculture (IDOA) Industrial Hemp Program
To Grow, Process, or Handle Industrial Hemp, you’ll need to obtain an Industrial Hemp License by applying online with the IDOA.
Illinois State Wholesale and Manufacturing Processing Facility Registration
Illinois State Wholesale and Manufacturing Processing Facility Registration
This is a program designed to minimize the occurrence of foodborne illness and ensure that foods manufactured, processed, packaged or stored in Illinois are safe, wholesome, have been prepared in a sanitary manner under sanitary conditions, and are properly labeled. Activities include inspection of food processing plants and food warehouses, embargo or recall of questionable food, complaint investigation, destruction of unwholesome food, technical consultation with establishment operators, food sampling and testing, and label evaluation. An annual federal contract allows the division to conduct inspections and surveillance sampling as an agent of the U.S. Food and Drug Administration.
Resources
Illinois State Retail Food License
Illinois State Retail Food License
Retail food establishments located in Illinois, such as but not limited to restaurants, bakeries, and grocery stores, fall under the jurisdiction of the certified local health department serving the jurisdiction where the establishment is located.
List of Local Illinois Health Departments
Resources
State Laws
Approved Hemp Plan
Administrative Code, TITLE 8: AGRICULTURE AND ANIMALS
Illinois Industrial Hemp Act.
SB 2298
Illinois Food Code Part 750
Illinois Food, Drugs and Cosmetic Act
The Illinois Food, Drug and Cosmetic Code
Definitions
What is the definition of "THC" in Illinois?
“THC” means delta-9 tetrahydrocannabinol.
Frequently Asked Questions
Do you need a license to Sell CBD products in Illinois?
No. You do not need a state license to sell CBD products in Illinois. However, if you sell CBD-infused food products, you’ll need a Retail Food Permit from your local health department.
Do you need a license to Sell hemp-derived products in Illinois?
No. You do not need a state license to sell hemp-derived products in Illinois. However, if you sell hemp-infused food products, you’ll need a Retail Food Permit from your local health department.
Are there any hemp products you can't sell in Illinois?
No. You can sell any hemp-derived products with less than 0.3% Delta 9 THC with one exception. You cannot sell hemp flower to marijuana (cannabis) dispensaries.
Is it legal to sell Hemp Flower in Illinois?
Yes. You can sell hemp flower in Illinois. However, you cannot sell hemp flower to Marijuana Dispensaries.
Do you need a license to Manufacture CBD products in Illinois?
No. You do not need a license to manufacture CBD products in Illinois. However, you may need a Illinois State Wholesale and Manufacturing Processing Facility Registration from the Illinois Department of Public Health (IDPH) if you are manufacturing CBD-infused food products.
Do you need a license to Manufacture hemp products in Illinois?
No. You do not need a license to manufacture hemp-derived products in Illinois. However, you may need a Illinois State Wholesale and Manufacturing Processing Facility Registration from the Illinois Department of Public Health (IDPH) if you are manufacturing hemp-infused food products.
Does Illinois have an approved Hemp Plan?
Do you need a license to Grow hemp in Illinois?
Yes. To grow hemp, you’ll need an Industrial Hemp License from the Illinois Department of Agriculture (IDOA).
Who regulates Hemp Farming in Illinois?
The Illinois Department of Agriculture (IDOA) oversees all industrial hemp farming.
Do you need a license to Extract hemp in Illinois?
Yes. To extract hemp, you’ll need an Industrial Hemp License from the Illinois Department of Agriculture (IDOA).
If you have any other questions about starting a hemp company in Illinois, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Indiana (IN)
Indiana Hemp & CBD License Requirements
Industrial hemp is governed by the Office of Indiana State Chemist (OISC) & Seed Commissioner. To grow or handle industrial hemp, you’ll need an Industrial Hemp License. All applications are done through the OISC Licensing and Permitting Portal .
You do not need a license to manufacture or sell finished hemp-derived products. This has been clarified in the March 2022 Emergency Rule LSA Document. It clearly says that that a “Handler”, as defined, include processing into commodities or products exempted from regulation by state or federal law, or agricultural hemp seed. This means only industrial hemp crops, fiber, textiles, and other non-consumable farming products apply to licensing requirements. Finished CBD or other hemp-derived products do not. However, if you manufacture or sell food products, you may need a Food Wholesale/Manufacturing Facility Permit from the Indiana Department of Health or a Retail Food Permit from your county Department of Health.
Indiana also has some product restrictions. Indiana banned the sale of hemp flower because it causes huge issues with law enforcement not being able to tell the difference between marijuana and hemp buds.
Manufacture
Purchase
Possess
Use
Sell
Governing Bodies
Which state agencies are in charge of Hemp Licensing in Indiana?
Industrial hemp is governed by the Office of Indiana State Chemist (OISC). If you manufacture, wholesale, or retail food products, you’ll need a Food Permit from the Indiana Department of Health (IDH)
Which Indiana State Agency is in charge of Hemp Farming?
Industrial hemp farming is governed by the Office of Indiana State Chemist (OISC).
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Indiana.
Office of Indiana State Chemist (OISC)
Indiana Department of Health (IDH)
Indiana Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Indiana state hemp license and get links to apply online or download the application.
Indiana Hemp Growers License
Indiana Hemp Handler License
Manufacturer, Processor, Re-packager or Wholesale Distributor of Food, Drugs or Cosmetics
Indiana Retail Food Establishment Permit
- How to Start a Retail Food Business
- Food Labeling Guide
- 49677-Registration Application As A Retail Food Establishment
(NOTE: This form is only to be submitted to food protection for retail food establishment facilities located on state property or known to be under state inspection, otherwise, contact your local health department for permitting information.
State Laws
IN Approved Hemp Plan (pdf)
Indiana Hemp Law 15-15-13. Chapter 13. Industrial Hemp
Emergency Rule LSA Document #22-68 - effective 03-09-22
Emergency Rule LSA Document #22-68 – effective 03-09-22
Indiana Labeling Statute, IC 16-42-2
Frequently Asked Questions
Do you need a license to Sell CBD products in Indiana?
No. You do not need a state license to sell CBD products in Indiana.
Do you need a license to Sell hemp-derived products in Indiana?
No. You do not need a state license to sell hemp-derived products in Indiana.
Are there any hemp products you can't sell in Indiana?
Yes. You cannot sell hemp flower in Indiana.
Is it legal to sell Hemp Flower in Indiana?
No. Hemp Flower is illegal in Indiana because it causes confusion for law enforcement to differentiate between marijuana and hemp buds.
Do you need a license to Manufacture CBD products in Indiana?
No. You do not need a license to manufacture CBD products in Indiana. However, you may need a food permit if you are manufacturing CBD-infused food products.
Do you need a license to Manufacture hemp products in Indiana?
No. You do not need a license to manufacture hemp-derived products in Indiana. However, you may need a food permit if you are manufacturing food products.
Does Indiana have an approved Hemp Plan?
Who regulates Hemp Farming in Indiana?
The Office of Indiana State Chemist (OISC) oversees all industrial hemp farming.
Do you need a license to Extract hemp in Indiana?
Yes. You’ll need a Hemp Handler License from the Office of Indiana State Chemist (OISC) to extract hemp in Indiana.
If you have any other questions about starting a hemp company in Indiana, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Iowa (IA)
Iowa Hemp & CBD License Requirements
Iowa has one of the most thorough hemp programs in the USA including an Industrial Hemp Program for farming regulated by the Industrial hemp is governed by the Iowa Department of Agriculture & Land Stewardship (IDALS), Consumable Hemp Products (topicals) and Food Products (edibles, gummies) are governed by the Iowa Department of Inspections & Appeals (DIA), and Medical CBD products (prescribed by doctors and caregivers) are governed by the Iowa Department of Health’s (IDPH) Office of Medical Cannabidiol. Each of these programs has their own licensing and product restrictions mandated by the state of Iowa.
In Iowa, you will need a license to grow, process, and transport industrial hemp. You will also need a license to manufacture or sell finished hemp-derived products. Out of State manufacturers and sellers also must register to sell any hemp-derived products to businesses or consumers in Iowa.
Unlike some other states, the good news is that the information is all clearly stated on the various Iowa state websites. And, for the most part, the licensing and product information is very clear, without a ton of conflicting information. Let’s break them down one by one, shall we.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
➖ Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Iowa.
Iowa Department of Agriculture & Land Stewardship (IDALS) - Industrial Hemp (Farming, Cultivation)
Iowa Department of Agriculture & Land Stewardship (IDALS) Industrial Hemp Program
You will need an Industrial Hemp License through the IDALS if you are Growing Hemp, Processing Hemp biomass, and Handling Hemp Crops.
IDALS Industrial Hemp License Application
IDALS Industrial Hemp Program Licensing Portal
Transportation of Hemp Crops, biomass, seeds, or clones in Iowa (PDF)
Iowa Department of Inspections & Appeals (DIA) - Consumable Hemp Products (Topicals)
Iowa Department of Inspections & Appeals (DIA)
Iowa Department of Inspections & Appeals (DIA) – Consumable Hemp
Ingestible Hemp excluding Smokable and Vaping hemp-derived products
DIA Consumable Hemp Fact Sheet (PDF)
What is Consumable Hemp (per the DIAs Website)?
“Consumable hemp is a liquid or solid hemp product intended to be introduced into the human body by ingestion or internal absorption, including but not limited to: food, chew or snuff, oils and lotions, and hemp processed or otherwise manufactured, marketed, sold, or distributed as food (e.g., “gummies”), a food additive, a dietary supplement, or a drug.
Consumable hemp products do not include those intended to be introduced into the human body by any method of inhalation, which are prohibited under Iowa Code 204.14A. Violation of Iowa Code 204.14A(1) is a criminal offense (serious misdemeanor).
Animal products as well as products marketed or intended to “cure, treat, mitigate, prevent disease, or affect the function of the human body,” including products marketed as over-the-counter medication, are also prohibited. Additionally, consumable hemp products manufactured or sold in Iowa must contain 0.3% or less total THC to be legal.”
Iowa Department of Inspections & Appeals (DIA) - Food Establishments (Extraction & Ingestible Hemp Products)
Iowa Department of Inspections & Appeals (DIA)
Click the link below if you sell or manufacture hemp-infused food, ingestible, or edible hemp products.
Iowa Department of Inspections & Appeals (DIA) – Food Establishments
DIA Consumable Hemp Fact Sheet (PDF)
What is Consumable Hemp (per the DIAs Website)?
“Consumable hemp is a liquid or solid hemp product intended to be introduced into the human body by ingestion or internal absorption, including but not limited to: food, chew or snuff, oils and lotions, and hemp processed or otherwise manufactured, marketed, sold, or distributed as food (e.g., “gummies”), a food additive, a dietary supplement, or a drug.
Consumable hemp products do not include those intended to be introduced into the human body by any method of inhalation, which are prohibited under Iowa Code 204.14A. Violation of Iowa Code 204.14A(1) is a criminal offense (serious misdemeanor).
Animal products as well as products marketed or intended to “cure, treat, mitigate, prevent disease, or affect the function of the human body,” including products marketed as over-the-counter medication, are also prohibited. Additionally, consumable hemp products manufactured or sold in Iowa must contain 0.3% or less total THC to be legal.”
Iowa Department of Health’s (IDPH) Office of Medical Cannabidiol
Iowa Department of Health’s (IDPH) Office of Medical Cannabidiol
Medicinal CBD Products for licensed medical professionals
To purchase medical cannabidiol (CBD) products, a medical card is required. Medical CBD is only sold at facilities licensed and regulated by the Iowa Department of Public Health (IDPH). Medical CBD products contain THC amounts that exceed 0.3%.
The IDPH created the Office of Medical Cannabidiol (OMC) to ensure medical patients with serious medical conditions have access to high-quality, effective, and compliant medical cannabidiol. This program sets standards for both the products and caregivers. With the number of unregulated CBD products on the market, the OMC’s goal is to offer CBD products for their debilitating medical condition from a certified Health Care Practitioner (HCPC). This does not stop patients from buying CBD products or other hemp-derived products online or at their local smoke shop. This simply ensures quality and testing standards should the patient choose to obtain their CBD products through this program. There is a 4.5g THC per 90 days limit with this program which can be waived if your Healthcare Provider certifies you have a terminal condition or if you’ve participated in the program with CBD and your healthcare provider then feels additional THC will be necessary for your relief.
Qualifying Conditions
An Iowa resident may qualify for Iowa’s Medical Cannabidiol Program if their Healthcare Practitioner certifies they have one of the following Qualifying Debilitating Medical Conditions:
- Cancer – if the illness or its treatment produces one or more of the following: severe or chronic pain, nausea or severe vomiting, cachexia or severe wasting.
- Seizures
- Crohn’s disease
- Chronic pain
- Multiple Sclerosis with severe and persistent muscle spasms
- AIDS or HIV (as defined in Iowa Code, section 141A.1)
- Amyotrophic lateral sclerosis (ALS)
- Parkinson’s disease
- Post-Traumatic Stress Disorder (PTSD)
- Any terminal illness with a probable life expectancy of under one year – if the illness or its treatment produces one or more of the following: severe or chronic pain, nausea or severe vomiting, cachexia or severe wasting
- Ulcerative colitis
- Severe, intractable pediatric autism with self-injurious or aggressive behaviors
- Severe, intractable autism with self-injurious or aggressive behaviors
- Corticobasal Degeneration
Application for Patients and Caregivers
Forms
Medical Cannabidiol Information for Patients and Caregivers
Information for Patients about Medical Cannabidiol in Iowa (PDF)
Guidance on Suggested Use Documents for Healthcare Practitioners
- General Guidance on the Suggested Use of Medical Cannabis
- Guidance on the Suggested Use of Medical Cannabis – Chronic Pain
- Guidance on the Suggested Use of Medical Cannabis – PTSD
- Guidance on the Suggested Use of Medical Cannabis – ALS
- Guidance on the Suggested Use of Medical Cannabis – Alzheimer’s
- Guidance on the Suggested Use of Medical Cannabis – HIV/AIDS
- Guidance on the Suggested Use of Medical Cannabis – Multiple Sclerosis
- Guidance on the Suggested Use of Medical Cannabis – Autism
- Guidance on the Suggested Use of Medical Cannabis – Cancer
- Guidance on the Suggested Use of Medical Cannabis – Cancer and Chemotherapy-Induced Nausea and Vomiting
- Guidance on the Suggested Use of Medical Cannabis – Crohn’s Disease and Ulcerative Colitis
- Guidance on the Suggested Use of Medical Cannabis – Epilepsy
Iowa Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Iowa state hemp license and get links to apply online or download the application.
DIA Consumable Hemp Retailer License
Iowa Consumable Hemp Retailer License
This registration is required to sell hemp-derived products obtained by licensed DIA hemp-derived consumable product manufacturers or from a Food Processing Plant (edibles). No food license is required if you sell consumable hemp-derived products in your retail store or online, but you must register as a Consumable Hemp Retailer. Please see the video below for more information.
Apply for a Consumable Hemp Retailer License
DIA Consumable Hemp Fact Sheet (PDF)
Is a food license also required?
NO food license is required if:
- A consumable hemp establishment plans to sell approved, prepackaged consumable hemp products from their retail store (either a physical location or online). A consumable hemp retailer registration is all that is required.
- A consumable hemp business plans to manufacture, process, pack, hold, prepare, distribute, or sell consumable hemp products for topical use (e.g., oils and lotions) only. A consumable hemp manufacturer registration is required. If the establishment plans to sell directly to consumers, a consumable hemp retailer registration is also required.
YES, a food license is required if:
- A consumable hemp retailer plans to add consumable hemp as a food ingredient for immediate consumption by the consumer (e.g., in a coffee beverage that is brewed on site). The business needs a food service license. The consumable hemp retailer may not otherwise manufacture, process, package, repackage, relabel, mix, blend, or otherwise manipulate a consumable hemp product.
- A consumable hemp manufacturer plans to manufacture, process, pack, hold, prepare, distribute, or sell consumable hemp products for use as human food or an ingredient in human food, a dietary supplement, or a drug. The business needs a food processing plant license.
Licensing Instructional Videos
Below are two licensing instructional videos walking you through step-by-step.
New Users
Watch this video if you DON’T currently have a food license in Iowa.
Iowa Consumable Hemp Licensing Video if you are NOT a Food License Holder
Existing Users
Watch this Iowa Consumable Hemp Licensing Video if you DO currently have a food license in Iowa.
Iowa Consumable Hemp Licensing Video for Existing Food License Holders
DIA Consumable Hemp Manufacturer License (lotions, balms, creams)
Iowa Consumable Hemp Manufacturer License
(topicals)
If you manufacture hemp-derived topicals (lotions, balms, creams), a Consumable Hemp Manufacturer Registration is required. If you also sell them in a brick-and-mortar shop or online, you will also need a Consumable Hemp Retailer Registration.
Apply for a Consumable Hemp Manufacturer License
DIA Consumable Hemp Fact Sheet (PDF)
Is a food license also required?
NO food license is required if:
- A consumable hemp establishment plans to sell approved, prepackaged consumable hemp products from their retail store (either a physical location or online). A consumable hemp retailer registration is all that is required.
- A consumable hemp business plans to manufacture, process, pack, hold, prepare, distribute, or sell consumable hemp products for topical use (e.g., oils and lotions) only. A consumable hemp manufacturer registration is required. If the establishment plans to sell directly to consumers, a consumable hemp retailer registration is also required.
YES, a food license is required if:
- A consumable hemp retailer plans to add consumable hemp as a food ingredient for immediate consumption by the consumer (e.g., in a coffee beverage that is brewed on site). The business needs a food service license. The consumable hemp retailer may not otherwise manufacture, process, package, repackage, relabel, mix, blend, or otherwise manipulate a consumable hemp product.
- A consumable hemp manufacturer plans to manufacture, process, pack, hold, prepare, distribute, or sell consumable hemp products for use as human food or an ingredient in human food, a dietary supplement, or a drug. The business needs a food processing plant license.
Licensing Instructional Videos
Below are two licensing instructional videos walking you through step-by-step.
New Users
Watch this video if you DON’T currently have a food license in Iowa.
Iowa Consumable Hemp Licensing Video if you are NOT a Food License Holder
Existing Users
Watch this Iowa Consumable Hemp Licensing Video if you DO currently have a food license in Iowa.
Iowa Consumable Hemp Licensing Video for Existing Food License Holders
DIA Food Processing Plant License (Extracts & edible hemp-derived product manufacturing) e.g., Tinctures, Gummies
Iowa Food Processing Plant License
A consumable hemp-derived product manufacturer plans to manufacture, process, pack, hold, prepare, distribute, or sell consumable hemp products for use as human food or an ingredient in human food, a dietary supplement, or a drug. The business needs a food processing plant license.
DIA Food Service License (restaurants)
Iowa Food Service License
A food service license is required if you add consumable hemp as a food ingredient for immediate consumption by the consumer (e.g. restaurants, adding to coffee)
Iowa IDALS Industrial Hemp License
Iowa Industrial Hemp License
Iowa Department of Agriculture & Land Stewardship (IDALS) Industrial Hemp Program
You will need an Industrial Hemp License through the IDALS if you are Growing Hemp, Processing Hemp biomass, and Handling Hemp Crops.
IDALS Industrial Hemp License Application
State Laws
Iowa Approved Hemp Plan
Iowa Hemp Statute
Iowa Hemp Administrative Rules
Advisory Notice in Iowa Administrative Bulletin
Agriculture and Land Stewardship Chapter 96 HEMP
Iowa Code Chapter 204 (Iowa Hemp Act)
Iowa Code Chapter 204 (Iowa Hemp Act)
Iowa Administrative Code 481, Chapter 32 (Consumable Hemp Products)
Iowa Administrative Code 481, Chapter 32 (Consumable Hemp Products)
Definitions
What is the definition of "hemp" in Iowa?
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis.
Hemp and marijuana are the same plant, Cannabis sativa L., and can only be differentiated with a laboratory test. Hemp has a THC of 0.3%, or less, on a dry weight basis, and marijuana has a THC content that is above 0.3% on a dry weight basis. The Iowa hemp legislation does not legalize marijuana.
What is the definition of "THC" in Iowa?
481—32.1(204) Definitions Of CHAPTER 32: CONSUMABLE HEMP PRODUCTS
“Delta-9 tetrahydrocannabinol” or “THC” means the specific chemical compound with the
Chemical Abstracts Service number 1972-08-3
Resources
Banned Hemp Products in Iowa
Here is a list of Iowa Banned Hemp Products:
- Any hemp-derived product that contains a total THC (inclusive of any isomers, derivatives, and analogs, whether naturally occurring or synthesized) greater than 0.3% (dry weight)
- Animal or pet products.
- Those intended for inhalation (e.g., vape cartridges, pre-rolls)
- Baked goods (Bread, cake, pie, or other “cottage food”) made in a home kitchen or residential space.
- Hemp-infused alcoholic beverages, meat or poultry products, or dairy products
- Hemp-derived products manufactured in jurisdictions without an approved USDA hemp plan which includes all products manufactured overseas in other countries other than the USA.
Frequently Asked Questions
Is Delta 8 THC Illegal in Iowa?
It depends on who you ask. Iowa’s IDALS’ stance on Delta 8 as stated on the IDALS Frequently Asked Questions section of their home page:
Q. Are delta-8 hemp products legal in Iowa?
A. Iowa considers delta-8 not legal for possession or manufacture in Iowa.
Is this simply a notification by Iowa State Department of Agriculture?
Or is this Iowa state law? Or do both apply?
I’ve reviewed recent state law such as 481—32.1(204) CHAPTER 32: CONSUMABLE HEMP PRODUCTS and find nothing that would ban Delta 8. Granted, I’m no attorney. But I can read and I’ve seen this happen over and over again in other states.
Also, the page where the above Q. & A. is posted is on the Iowa Deparment of Agriculture & Land Stewardship (IDALS) hemp homepage.
THE IDALS DOES NOT GOVERN CONSUMABLE HEMP PRODUCTS! They only govern Industrial Hemp Farming and Cultivation.
I dive deeper into this subject with the blog post “Is Delta 8 Legal in Your State: Delta 8 Laws“.
The governing body of consumable and edible hemp products, The Iowa Department of Inspections and Appeals, clearly states on their Consumable Hemp Products Page, a comprehensive list of prohibited hemp products as shown below:
Prohibited hemp products
The following consumable hemp products are not allowed to be sold:
Those containing a total THC (inclusive of any isomers, derivatives, and analogs, whether naturally occurring or synthesized) greater than 0.3% (dry weight);
Animal or pet products;
Those intended for inhalation (e.g., vape cartridges, rolling papers, cigarettes, cigars, pre-rolls, or wraps);
Those marketed tor intended to cure, treat, mitigate, prevent disease, or affect the structure of the human body (this includes over-the-counter medications);
Bread, cake, pie, or other “cottage food” items made in a person’s home kitchen or other residential space;
Manufactured alcoholic beverages, meat or poultry products, or dairy products infused with hemp;
Other food not produced in a licensed food-processing plant;
Those manufactured in other countries or in jurisdictions without an approved USDA hemp plan.
It’s my opinion (I’m not an attorney) that Delta 8 is legal to buy and sell in Iowa. However, if you’re planning on selling Delta 8 THC products, it may be worth a phone call to an attorney to double check.
Do you need a license to sell hemp-derived products?
Yes. “Any individual or entity wishing to sell, manufacture, or store consumable hemp products in Iowa must register. This includes individuals or entities located outside of Iowa who sell consumable hemp products to purchasers in Iowa.” Therefore, if you own an ecommerce business in Florida selling CBD products, you must obtain a Consumable Hemp License with the DIA. This is not a Food License, which may or may not be required.
Do you need a license to manufacture hemp-derived products?
Yes. “Any individual or entity wishing to sell, manufacture, or store consumable hemp products in Iowa must register. This includes individuals or entities located outside of Iowa who sell consumable hemp products to purchasers in Iowa.” Therefore, if you own an ecommerce business in Florida selling CBD products, you must obtain a Consumable Hemp License with the DIA. This is not a Food License, which may or may not be required.
Are Delta 8 Vapes legal in Iowa?
No. “Consumable hemp products do not include those intended to be introduced into the human body by any method of inhalation, which are prohibited under Iowa Code 204.14A.”
Is Hemp Flower legal in Iowa?
No. “Consumable hemp products do not include those intended to be introduced into the human body by any method of inhalation, which are prohibited under Iowa Code 204.14A.”
Are CBD Pet Treats legal in Iowa?
No. “Animal products as well as products marketed or intended to “cure, treat, mitigate, prevent disease, or affect the function of the human body,” including products marketed as over-the-counter medication, are also prohibited. Additionally, consumable hemp products manufactured or sold in Iowa must contain 0.3% or less total THC to be legal.”
If you have any other questions about starting a hemp company in Iowa, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Kansas (KS)
Kansas Hemp & CBD License Requirements
To grow hemp, you’ll need a Hemp Producer License from the Kansas Department of Agriculture (KDA) Industrial Hemp Program. To process industrial hemp, you must first register with the Kansas State Fire Marshall. You do not need a license to sell hemp-derived products either in your retail store or online. If you manufacture, you will not need a hemp license of any kind. However, if you manufacture hemp-derived food products like CBD Gummies, you will need to obtain a Food Processing and/or Food Storage License from the KDA’s Division of Food Safety and Lodging
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Kansas.
Kansas Department of Agriculture (KDA) - Plant Protection and Weed Control - Industrial Hemp Program
Kansas State Fire Marshall
To process industrial hemp, you must first register with the Kansas State Fire Marshall.
Kansas Department of Agriculture (KDA) - Food Safety and Lodging
Kansas Department of Agriculture (KDA) Division of Food Safety and Lodging
Food Manufacturing and Storage Licenses
There are no licensing requirements to manufacture or sell hemp-derived products specifically. However, if you manufacture (package, extract, bottle, etc.) or store hemp-derived food products such as delta 8 gummies, you will need a Food Processor License or Food Storage License through the Kansas Department of Agriculture.
Food Processing Plant: Processing includes manufacturing, preparing, packaging, labeling, cooking, canning, extracting, extruding, fermenting, distilling, pickling, freezing, baking, drying, smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling, packaging or any other treatment or preservation process, the receipt and salvaging of distressed food for sale or distribution to other business entities such as food establishments, food warehouses and other food processing plants.
Application for a Food Processing Plant License (online)
Food Processing App (fillable PDF)
Food Storage Facility: Storing includes any premises, establishment, building, room area, facility or place, in whole or in part, where food is stored, kept or held, regardless of whether the food is temperature controlled, for distribution to other wholesalers, retail food stores, food service establishments or any other facility that sells or distributes to the ultimate consumer.
Kansas Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Kansas state hemp license and get links to apply online or download the application.
Kansas Industrial Hemp License
Kansas Department of Agriculture (KDA) Industrial Hemp Program
An Industrial Hemp License is needed to Grow or Cultivate Hemp.
Industrial Hemp License (information and application for growers)
Kansas Hemp Processor License
To process industrial hemp, you must first register with the Kansas State Fire Marshall. If you intend on extracting hemp into concentrates made for human consumption, you may also need a Food Processing Plant License.
Kansas Food Processing Plant License
Kansas Food Processing Plant License
Kansas Department of Agriculture (KDA) Division of Food Safety and Lodging
Food Manufacturing and Storage Licenses
There are no licensing requirements to manufacture or sell hemp-derived products specifically. However, if you manufacture (package, extract, bottle, etc.) or store hemp-derived food products such as delta 8 gummies, you will need a Food Processor License or Food Storage License through the Kansas Department of Agriculture.
Food Processing Plant: Processing includes manufacturing, preparing, packaging, labeling, cooking, canning, extracting, extruding, fermenting, distilling, pickling, freezing, baking, drying, smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling, packaging or any other treatment or preservation process, the receipt and salvaging of distressed food for sale or distribution to other business entities such as food establishments, food warehouses and other food processing plants.
Kansas Food Storage Facility License
Kansas Food Storage Facility License
Kansas Department of Agriculture (KDA) Division of Food Safety and Lodging
Food Manufacturing and Storage Licenses
There are no licensing requirements to manufacture or sell hemp-derived products specifically. However, if you manufacture (package, extract, bottle, etc.) or store hemp-derived food products such as delta 8 gummies, you will need a Food Processor License or Food Storage License through the Kansas Department of Agriculture.
Food Storage Facility: Storing includes any premises, establishment, building, room area, facility or place, in whole or in part, where food is stored, kept or held, regardless of whether the food is temperature controlled, for distribution to other wholesalers, retail food stores, food service establishments or any other facility that sells or distributes to the ultimate consumer.
State Laws
Kansas Approved Hemp Plan
Kansas Statutes Chapter 2 Agriculture: Industrial Hemp
Kansas Food Safety & Lodging Program State Statutes
Kansas Food Code
Resources
If you have any other questions about starting a hemp company in Kansas, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Kentucky (KY)
Kentucky Hemp & CBD License Requirements
Industrial hemp is governed by Kentucky Department of Agriculture (KDA) which oversees growing, processing, handling, and brokering hemp in Kentucky. To grow hemp in Kentucky you’ll need a Grower License. To either Process or Handle (transport, store) Industrial Hemp you’ll need a Processor/Handler License. You do not need a hemp-specific license to manufacture or sell finished hemp-derived products. However, you may need a Food Permit from the Kentucky Department of Public Health (DPH) – Food Safety Branch (FSB) if you are manufacturing, storing, or selling hemp-infused food products.
Kentucky also has some restrictions on selling flower. By law, “it is unlawful for anyone without either a Grower License or a Processor/Handler License issued by the Kentucky Department of Agriculture for the Hemp Licensing Program, to possess hemp leaf or floral materials. See below for the pertinent state law (KRS 260.858) and Kentucky Administrative Regulation (302 KAR 50:070).” Therefore, if you are a retail store or have an ecommerce business only, you would not be able to obtain a Processor License and therefore cannot sell hemp flower, hemp cigarettes, or hemp pre-rolls.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Kentucky.
Kentucky Department of Agriculture (KDA)
Kentucky Department of Agriculture (KDA) Hemp Program
Grower
2023 KY HEMP GROWER LICENSE APPLICATION PACKET
KY Hemp Licensing Program Grower Orientation 2023
Processor/Handler
2023 KENTUCKY INDUSTRIAL HEMP PROCESSOR/HANDLER LICENSE APPLICATION PACKET
KY Hemp Licensing Program Processor/Handler Orientation 2023
Apply Online for either a Kentucky Industrial Hemp Grower or Processor/Handler License
Kentucky Department of Public Health (DPH) - Food Safety Branch (FSB)
Food Safety Branch of the Kentucky Department for Public Health’s Division of Protection and Safety
The Food Safety Branch of the Department for Public Health protects consumers from the sale of adulterated, misbranded and falsely labeled foods and food products. We help make sure food products are safe in restaurants, grocery stores, hospitals, nursing homes, schools, food processing plants, food/beverage vending machines, hotels, fairs, festivals and other locations where food is offered to the public. The Food Safety Branch provides technical assistance and guidance to health departments carrying out state laws and regulations at the local level. The branch also provides training and information to the industry and consumers and issues permits to qualified providers.
Contact Information
Phone:(502) 564-5497
Toll Free:(800) 372-2973
Mailing Address: 275 E. Main St. Frankfort, KY 40621
Email: CHFS.Listens@ky.gov
Licensing
Which Food Safety Branch Permit Do I Need?
Local health departments issue permits to qualified retail food operations like grocery stores, restaurants, temporary operations, concessions, food trucks and micro markets.
The Food Manufacturing Program oversees businesses that formulate and process food for wholesale distribution and grain storage facilities and food storage warehouses.
Kentucky food and cosmetic processing, packaging, storage, and distribution operations.
Commercial Food and Cosmetic Manufacturing in Kentucky: A Starter Guide
Hemp-derived cannabinoid products; packaging and labeling requirements.
Label Requirements for Commercial Food Processors
Contact Information
Phone:(502) 564-7181
Mailing Address
275 E. Main St. HS1CF
Frankfort, KY 40621
Food Safety Branch (DPH)
Emailfood.safety@ky.gov
Kentucky Hemp Licenses & Applications
Below are links to both the Department of Agriculture’s Industrial Hemp and the Department of Health Food Licensing Information. Please click on any of the licenses below to learn more about each Kentucky state hemp license and get links to apply online or download the application.
Kentucky Hemp Grower License
Kentucky Hemp Processor/Handler License
Kentucky Food Manufacturing Permit
Food Safety Branch of the Kentucky Department for Public Health’s Division of Protection and Safety
The Food Safety Branch of the Department for Public Health protects consumers from the sale of adulterated, misbranded and falsely labeled foods and food products. We help make sure food products are safe in restaurants, grocery stores, hospitals, nursing homes, schools, food processing plants, food/beverage vending machines, hotels, fairs, festivals and other locations where food is offered to the public. The Food Safety Branch provides technical assistance and guidance to health departments carrying out state laws and regulations at the local level. The branch also provides training and information to the industry and consumers and issues permits to qualified providers.
Contact Information
Phone:(502) 564-5497
Toll Free:(800) 372-2973
Mailing Address: 275 E. Main St. Frankfort, KY 40621
Email: CHFS.Listens@ky.gov
Licensing
Which Food Safety Branch Permit Do I Need?
The Food Manufacturing Program oversees businesses that formulate and process food for wholesale distribution and grain storage facilities and food storage warehouses.
Kentucky food and cosmetic processing, packaging, storage, and distribution operations.
Commercial Food and Cosmetic Manufacturing in Kentucky: A Starter Guide
Hemp-derived cannabinoid products; packaging and labeling requirements.
Label Requirements for Commercial Food Processors
Contact Information
Phone:(502) 564-7181
Mailing Address
275 E. Main St. HS1CF
Frankfort, KY 40621
Food Safety Branch (DPH)
Emailfood.safety@ky.gov
Kentucky Retail Food Store Permit
Food Safety Branch of the Kentucky Department for Public Health’s Division of Protection and Safety
The Food Safety Branch of the Department for Public Health protects consumers from the sale of adulterated, misbranded and falsely labeled foods and food products. We help make sure food products are safe in restaurants, grocery stores, hospitals, nursing homes, schools, food processing plants, food/beverage vending machines, hotels, fairs, festivals and other locations where food is offered to the public. The Food Safety Branch provides technical assistance and guidance to health departments carrying out state laws and regulations at the local level. The branch also provides training and information to the industry and consumers and issues permits to qualified providers.
Contact Information
Phone:(502) 564-5497
Toll Free:(800) 372-2973
Mailing Address: 275 E. Main St. Frankfort, KY 40621
Email: CHFS.Listens@ky.gov
Licensing
Which Food Safety Branch Permit Do I Need?
Local health departments issue permits to qualified retail food operations like grocery stores, restaurants, temporary operations, concessions, food trucks and micro markets.
Kentucky food and cosmetic processing, packaging, storage, and distribution operations.
Commercial Food and Cosmetic Manufacturing in Kentucky: A Starter Guide
Hemp-derived cannabinoid products; packaging and labeling requirements.
Label Requirements for Commercial Food Processors
Contact Information
Phone:(502) 564-7181
Mailing Address
275 E. Main St. HS1CF
Frankfort, KY 40621
Food Safety Branch (DPH)
Emailfood.safety@ky.gov
State Laws
KY Approved Hemp Plan
Kentucky Department of Agriculture Hemp Law
Senate Bill 124
902 KAR 45:190. Hemp-derived cannabinoid products; packaging and labeling requirements.
902 KAR 45:160. Kentucky food and cosmetic processing, packaging, storage, and distribution operations.
302 KAR 50:021. Procedures and policies for hemp growers.
302 KAR 50:031. Procedures and policies for hemp processors and handlers.
302 KAR 50:070. Prohibited products.
Kentucky Food Code
Kentucky Revised Statutes
If you have any other questions about starting a hemp company in Kentucky, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Louisiana (LA)
Louisiana Hemp & CBD License Requirements
Louisiana has one of the most thorough hemp licensing programs in the U.S. With 4 governing bodies: Louisiana Department of Agriculture & Forestry (LDAF), Louisiana Department of Health (LDH), Louisiana Department of Revenue (LDR), and The Louisiana Office of Alcohol and Tobacco Control (ATC) with six separate licenses for industrial hemp: grower, seed producer, handler, processor of non-consumable hemp products, processor of consumable hemp products, and retailer, licensing can be a daunting task. So, if you want to grow, produce, process, handle, wholesale, or retail hemp or hemp-derived products, then you are in luck. The glorious state of Louisiana has done a huge favor you. They’ve created a Centralized Louisiana Industrial Hemp Website covering everything you need from licensing, laws, resources, and frequently asked questions.
The state of Louisiana also has some hemp-derived product restrictions. In Louisiana, you cannot sell hemp-derived inhalation products including vapes, pre-rolls, or flower.
Louisiana differentiates consumable hemp products with a total THC (including all THC cannabinoids -Delta 9, Delta 9, THCa, etc.) of more than 0.5mg of total THC as an Adult-Use Consumable Hemp Product. Adult-Use Consumable Hemp Products must have:
- less than 8mg of Total THC per serving, and
- less than 1% total THC, and
- less than 0.3% Delta 9 THC, and
- must not be inhalation products (vapes, flower, pre-rolls)
Total THC content includes all THC cannabinoids such as Delta 9 THC, THCa, THCv, and Delta 8 THC, cannot exceed 8mg per serving and 1% of the total serving weight.
Also, the Louisiana Department of Revenue (LDR) collects taxes from all retailers, no matter where they operate business from. This means if you sell CBD products online and ship products to consumers in Louisiana, you must first obtain a license and register your product labels. Then, you must create an LDR account and pay a 3% sales tax on all sales to consumers in Louisiana.
As a license holder in Louisiana, Hemp Lively can tell you firsthand that Louisiana takes this very seriously. If you’re selling hemp products wholesale to stores and haven’t obtained a license and have registered your labels (which is part of the licensing process), then you need to as soon as possible. Louisiana is one of the few states that is going store to store and pulling products off those shelves if they are not registered. All the links you need for licensing, labels, and taxes are below.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
➖ Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Louisiana.
Louisiana Department of Agriculture & Forestry (LDAF)
Louisiana Department of Agriculture & Forestry (LDAF) Industrial Hemp Program
- Grower License ($500.00) – authorizes the licensee to possess, store, cultivate, trim, dry, cure, and transport industrial hemp.
- Seed Producer ($500.00)- authorizes the licensee to produce, transport, and sell approved seeds and transplants to other industrial hemp licensees.
- Handler ($500.00)- authorizes the licensee to transport for compensation, commercially harvest, store, grind, clean, package, broker and test industrial hemp and hemp seed.
- Processor License ($500.00)- authorizes the licensee to possess, store, transport, and process ‘non-consumable’ industrial hemp.
You can apply to any of the above licenses by using one of the application methods below.
Louisiana Department of Health (LDH)
The Louisiana Office of Alcohol and Tobacco Control (ATC)
Louisiana Department of Revenue (LDR)
Louisiana Department of Revenue (LDR)
State Taxes on hemp and hemp-derived products
Hemp retailers are subject to a 3% excise tax. Please visit the Louisiana Department of Revenue website for more information.
Who is required to pay the Industrial Hemp-Derived CBD Tax?
CBD tax is an excise tax imposed on and owed directly by the retailer. It is not collected from the retail customers.
For purposes of the CBD tax, retailers include any and all persons, corporations, partnerships, limited liability companies (LLCs) or other organizations who sell or offer for sale industrial hemp-derived CBD products at retail.
Any person who imports industrial hemp-derived CBD products into this state for use or consumption is also a retailer for purposes of the CBD tax and must pay the excise tax. This includes anyone who purchases these products online.
Louisiana Hemp Licenses & Applications
There are six separate licenses for industrial hemp: grower, seed producer, handler, processor of non-consumable hemp products, processor of consumable hemp products, and retailer. The licenses for grower, seed producer, handler as well as processor of non-consumable hemp products are issued by LDAF. The processor of consumable hemp products and retailer licenses are issued by LDH and ATC respectively. Depending on the plans of the applicant, each license has a separate fee and must be applied for separately. Please find the relevant information for each type of license below.
License | Agency | Cost | Use | Effective Date |
$500 | Cultivate, harvest, possess, handle, transport, and sell industrial hemp. | January 1st to December 31st | ||
$500 | Produce, transport, and sell industrial hemp seed. | January 1st to December 31st | ||
$500 | Process, handle, and store industrial hemp for uses other than human consumption or cosmetics. | January 1st to December 31st | ||
$500 | Transport, harvest, clean, test, and deliver industrial hemp. | January 1st to December 31st | ||
Sliding Scale | Process, handle, and store industrial hemp for human consumption or topical use. | July 1st to June 30th | ||
$175 | Buy and sell hemp products intended for human consumption or cosmetics out of a physical storefront. | April 1st to March 31st | ||
$175 | Buy and sell hemp products intended for human consumption or cosmetics online. | April 1st to March 31st | ||
$500 | Package, buy, and sell hemp products intended for human consumption or cosmetics to other CBD dealers. | April 1st to March 31st | ||
$50 per product | Required for the product to be sold by licensees that have a dealer license. | July 1st to June 30th |
Please click on any of the licenses below to learn more about each Louisiana state hemp license and get links to apply online or download the application.
For all licensees:
- Must be 18 years or older.
- Must submit to a criminal background check from Louisiana State Police and a federal background check from the FBI.
- Must not have been convicted of any felony within 10 years of application.
- Must not have been convicted of a drug-related misdemeanor within 2 years of application.
- Must provide all application requirements and documentation.
- Must not falsify the information on the license application.
Louisiana Hemp Growers License
Louisiana Hemp Grower License Application
Online Louisiana Industrial Hemp Application
Regulatory Agency: LDAF
- Authorizes the licensee to obtain and possess hemp seed for cultivation of industrial hemp and allows the licensee to cultivate, harvest, possess, transport, and sell industrial hemp.
- Must provide physical address and GPS coordinates for each place where industrial hemp will be grown, handled, or stored. Maps of each of the aforementioned areas must also be provided with proposed acreage or square footage. Information regarding the name and origin of planned varieties to be grown must also be provided.
- The cost of the license is $500.00 due upon application approval.
Louisiana Hemp Seed Producer License
Louisiana Hemp Seed Producer License Application
Online Louisiana Industrial Hemp Application
Regulatory Agency: LDAF
- Allows for the production of industrial hemp seed for planting purposes.
- Allows for the licensee to produce, transport, and sell industrial hemp seed and transplants to other license holders.
- Must provide physical address and GPS coordinates for each place where industrial hemp will be grown or stored. Maps of each of the aforementioned areas must also be provided with proposed acreage or square footage. Information regarding the name, origin, and seed certifying agency of planned varieties to be grown must also be provided.
- The cost of the license is $500.00 due upon application approval.
Louisiana Non-Consumable Hemp Processor License
Louisiana Non-Consumable Hemp Processor License Application
Online Louisiana Industrial Hemp Application
Regulatory Agency: LDAF
- The Non-Consumable Hemp Processor License allows the licensee to process and store industrial hemp. Must provide physical address and GPS coordinates for each place where industrial hemp will be processed or stored.
- The cost of the license is $500.00 due upon application approval.
- The fee for each hemp processor facility is on a sliding scale based on the annual sales of the facility. The fee is $175.00 for sales under $500,000 dollars. The fee increases to $475.00 for facilities that sell $500,001 – $1,000,000. The fee is $775.00 for facilities that sell between $1,000,001 – $2,500,000. The fee is $1,075.00 for facilities that sell between $2,500,001 – $5,000,000. For facilities that sell over $5,000,000, the fee is $1,375.00.
Louisiana Hemp Handler License
Louisiana Hemp Handler License Application
Online Louisiana Industrial Hemp Application
Regulatory Agency: LDAF
Allows the licensee to:
- transport or deliver industrial hemp in intrastate commerce for compensation;
- commercially harvest, store, or grind industrial hemp material received from a grower;
- clean or package industrial hemp seed received from a seed producer:
- broker industrial hemp material; and
- receive industrial hemp for testing.
- The cost of the license is $500.00.
Louisiana Consumable Hemp Processor License
Louisiana Consumable Hemp Processor Permit Application
Regulatory Agency: LDH
- The Consumable Hemp Processor License allows for the licensee to process, handle, and store industrial hemp for human consumption or cosmetics.
- The licensee must adhere to the Basic Requirements for a Food Manufacturer for processing facilities and the Basic Requirements for a Food Storage Warehouse for storage of consumable hemp products.
- Multiple documents must be submitted that include:
- Plans review questionnaire
- Floor plan of the building
- Utility No Objection Notice
- Processing Plan
- Recall Plan
- Distribution Plan
- Upon submission and review of the documents, deficiencies must be addressed to the approval of LDH.
- A pre-operational inspection is the final task to complete, and upon passing the inspection, permitting can occur.
- The fee for each hemp processor facility is on a sliding scale based on the annual sales of the facility. The fee is $175.00 for sales under $500,000 dollars. The fee increases to $475.00 for facilities that sell $500,001 – $1,000,000. The fee is $775.00 for facilities that sell between $1,000,001 – $2,500,000. The fee is $1,075.00 for facilities that sell between $2,500,001 – $5,000,000. For facilities that sell over $5,000,000, the fee is $1,375.00.
Louisiana Consumable Hemp Dealer Storefront Permit
Louisiana Consumable Hemp Dealer Storefront Permit Application
Regulatory Agency: ATC
- Every location is required to have its own Consumable Hemp permit.
- There are four separate types of Consumable Hemp Dealer permits
- A Consumable Hemp Retail Dealer permit allows for sale at a physical storefront.
- A Consumable Hemp Remote Seller permit allows for the sale and shipping of CBD via the internet.
- A Consumable Hemp Wholesaler permit allows for the packaging, buying, and selling of CBD products.
- A Consumable Hemp Special Event Dealer permit that allows the licensee to sell at special events.
- The annual cost of the consumable hemp or special event dealer permit is $175.00 per a permit.
Louisiana Consumable Hemp Dealer Online Permit
Louisiana Consumable Hemp Dealer Online Permit Application
Regulatory Agency: ATC
- Every location is required to have its own Consumable Hemp permit.
- There are four separate types of Consumable Hemp Dealer permits
- A Consumable Hemp Retail Dealer permit allows for sale at a physical storefront.
- A Consumable Hemp Remote Seller permit allows for the sale and shipping of CBD via the internet.
- A Consumable Hemp Wholesaler permit allows for the packaging, buying, and selling of CBD products.
- A Consumable Hemp Special Event Dealer permit that allows the licensee to sell at special events.
- The annual cost of the consumable hemp or special event dealer permit is $175.00 per a permit.
Louisiana Consumable Hemp Wholesaler Permit
Louisiana Consumable Hemp Wholesaler Permit Application
Regulatory Agency: ATC
- Every location is required to have its own Consumable Hemp permit.
- There are four separate types of Consumable Hemp Dealer permits
- A Consumable Hemp Retail Dealer permit allows for sale at a physical storefront.
- A Consumable Hemp Remote Seller permit allows for the sale and shipping of CBD via the internet.
- A Consumable Hemp Wholesaler permit allows for the packaging, buying, and selling of CBD products.
- A Consumable Hemp Special Event Dealer permit that allows the licensee to sell at special events.
- The annual cost of the consumable hemp or special event dealer permit is $175.00 per a permit.
Louisiana Hemp Product Label Registration
Louisiana Consumable Hemp Product Label Acceptance Request Portal
Regulatory Agency: LDH
All consumable hemp products must have their label approved by LDH through their Consumable Hemp Label Acceptance Request Portal. The requirements for a label include the following:
- Must be tested by an approved lab for safety, quality, and CBD and THC content.
- Must have a scannable bar code, QR code, or web address that links to the Certificate of Analysis that verifies it does not contain more than 0.3% delta-9-THC and 1% total THC on a dry weight basis (including THC delta variants like delta-8-tetrahydocannabinol and delta-10-tetrahydrocannibinol).
- The label cannot make medical claims like cure, treat, heal, relieve, pain, ache, or cancer or be marketed as a dietary supplement.
- The label must also include the full name and address of the business selling it.
- The label must clearly state the identity of the product and the net quantity of contents.
- The product must not be intended for inhalation.
Louisiana Consumable Hemp Labelling Requirements
- “Adult-use” hemp products – any item containing more than 0.5 mg THC – must be declared as “adult-use” (or similar language) on label
- For non-floral products, THC content per serving may not exceed 8 mg
- Retail packages need to bear labelling or markings clearly identifying a single serving
- Labels must indicate the quantity of THC per serving, serving size, and total servings per package
- Certificates of analysis must include phytocannabinoid content expressed as a percentage of the product mass
- Certificates of analysis must include total THC per serving, total number of servings, and total THC per package–all expressed in milligrams per gram or milligrams per milliliter
- Applications for new hemp product registration must include verification that the products are produced from hemp
- Products may be designated “Louisiana Hemp Products” and bear a Louisiana Hemp Product logo if and only if grown and produced in Louisiana and registered as such with the department
State Laws
LA Approved Plan (pdf)
LaHemp.net Rules and Regulations Links
RS 3:1461 Part V. INDUSTRIAL HEMP
HOUSE BILL NO. 491 Act No. 164
Hemp Revised Definitions and Requirements
HOUSE BILL NO. 640 ACT No. 336
HOUSE BILL NO. 758 ACT No. 498
Emergency Rule for the protection of Public Health
Industrial Hemp Law
ACT No. 498
Declaration of Emergency LDR Registration of Foods, Drugs, Cosmetics and Prophylactic Devices
Frequently Asked Questions
Can you sell Delta 8 THC products in Louisiana?
Yes. However, Delta 8 products have several restrictions in Louisiana. Louisiana differentiates consumable hemp products with a total THC (including all THC cannabinoids -Delta 9, Delta 9, THCa, etc.) of more than 0.5mg of total THC as an Adult-Use Consumable Hemp Product. Adult-Use Consumable Hemp Products must have:
- less than 8mg of Total THC per serving, and
- less than 1% total THC, and
- less than 0.3% Delta 9 THC, and
- must not be inhalation products (vapes, flower, pre-rolls)
Here are some examples of Compliant Delta 8 THC Products in Louisiana (if licensed and registered)
- Delta 8 THC Tincture (maximum strength 240mg per bottle (total THC which means your Delta 8 would be less than 240) or 8mg/mL Total THC. Therefore, a 200mg or 225mg Delta 8 THC Tincture would most likely be compliant if formulated correctly.
- Delta 8 Gummies would need a max strength of about 7.5mg Delta 8 to stay below to max serving size of 8mg Total THC.
What’s the difference between a consumable hemp product and an adult-use consumable hemp product in Louisiana?
ACT No. 498 provides a new classification of hemp products that the Louisiana hemp industry should be aware of: adult-use consumable hemp products. Adult-use consumable hemp products are any product containing more than 0.5 mg of total THC per package, while consumable hemp products contain less than 0.5 mg of total THC per package. The total THC (including delta variants) amount must remain under 8 mg per serving for adult-use consumable hemp products, while maintaining the delta-9-THC concentration limit of 0.3% by dry weight.
Consumable hemp products are defined as any product that is intended for consumption or topical use that contains any cannabinoid and contain less than 0.5 mg of total THC. Consumable hemp products are required to have less than 0.3 percent delta-9-THC or a total THC concentration of less than 1%.
What is the definition of "industrial hemp" in Louisiana?
Industrial hemp is a plant from the Cannabaceae family, with the scientific name of Cannabis sativa L. It is botanically the same plant as marijuana but has a federally defined legal limit of 0.3% delta-9tetrahydrocannabinol (THC) by dry weight. THC is the psychoactive chemical, and the limit reduces the likelihood of industrial hemp being consumed recreationally. Industrial hemp is used to produce a wide range of commercial products, which includes but is not limited to fabric, fiber, food, plastics, and fuels.
What are the Consumable Hemp Labeling Requirements in Louisiana?
Louisiana Consumable Hemp Labeling Requirements
- “Adult-use” hemp products – any item containing more than 0.5 mg THC – must be declared as “adult-use” (or similar language) on label.
- For non-floral products, THC content per serving may not exceed 8 mg.
- Retail packages need to bear labeling or markings clearly identifying a single serving.
- Labels must indicate the quantity of THC per serving, serving size, and total servings per package
- Certificates of analysis must include phytocannabinoid content expressed as a percentage of the product mass.
- Certificates of analysis must include total THC per serving, total number of servings, and total THC per package–all expressed in milligrams per gram or milligrams per milliliter.
- Applications for new hemp product registration must include verification that the products are produced from hemp.
- Products may be designated “Louisiana Hemp Products” and bear a Louisiana Hemp Product logo if and only if grown and produced in Louisiana and registered as such with the department.
If you have any other questions about starting a hemp company in Louisiana, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Maine (ME)
Maine Hemp & CBD License Requirements
To grow hemp in Maine, you’ll need a Hemp Growers License from the Maine Department of Agriculture Conservation & Forestry (DACF). Maine does not require licensing to process, manufacture, or sell hemp derived products. However, there are a few exceptions to this rule.
First, if you sell any smokable products which include products like Delta 8 Disposable Vape Pens and Delta 8 THC Vape Carts, you must obtain a Retail Tobacco Sales License from the DACF.
Secondly, you may need a food establishment permit from the Maine Department of Agriculture Conservation & Forestry (DACF) Division of Quality Assurance & Regulations if you manufacture or sell food products. You can also find out additional information from the Maine Grocers and Food Producers Association (MGFPA) regarding state licensing requirements.
Lastly, you may need to double check with your Maine local municipal office to see what licenses or permits are needed to operate business locally. These vary by community but may include retail license, building occupancy permit and victualer’s license and more.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Maine.
Maine Department of Agriculture Conservation & Forestry (DACF)
Maine DACF's Division of Quality Assurance & Regulations
Maine Grocers and Food Producers Association (MGFPA)
Maine Department of Health and Human Services (DHHS) Division of Environmental and Community Health (FLOWER & VAPING PRODUCTS)
Maine Department of Health and Human Services (DHHS) Division of Environmental and Community Health
If you sell any smokable products including vaping, whether or not they contain nicotine, you must register with the DHHS Division of the Environmental and Community Health as a Tobacco Distributor
Division of Environmental and Community Health
Tobacco Rules
Tobacco products may not be sold to any person under 21 years of age. Tobacco retailers must not sell tobacco products to anyone under 30 years old without first verifying the customer’s age by photo ID. Tobacco products include, but are not limited to, cigarettes, cigars, hookah, pipe tobacco, chewing tobacco, snuff or snus, electronic smoking devices, and any components or accessories used in the consumption of a tobacco product, such as filters, rolling papers, pipes and liquids used in electronic smoking devices, whether or not they contain nicotine.
For free retailer guidance visit: www.preventionforme.org/retailer-workplace. For free online employee training to Block Underage Tobacco Sales (NO BUTS!) visit: www.nobutstraining.com.
Guidance regarding Maine’s retail tobacco and workplace smoking laws, contact Devon Cummings, Tobacco Enforcement Coordinator, Office of the Attorney General, at Devon.L.Cummings@maine.gov or (207) 626-8574; or the Maine CDC Tobacco and Substance Use Prevention and Control program at tsup.dhhs@maine.gov or (207) 287-4627.
Maine Licensed Tobacco Distributor Required for a New or Renewal Tobacco License
Maine Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Maine state hemp license and get links to apply online or download the application.
Maine Industrial Hemp Grower License
Maine Retail Tobacco Sales License
If you sell any smokable products, whether it contains nicotine or not, you must obtain a Retail Tobacco Sales License from the DHHS.
Maine DACF Food License
Maine DACF Food and Fuel License Application (DOC)
Maine DACF Home Food License 101 (PDF)
A home food license is a valuable tool to have in your arsenal. It allows you to produce and sell shelf-stable food products from your home and at wholesale throughout the state of Maine and the United States. It creates consumer confidence that the products you make in your home kitchen are safe to eat.
Maine DACF Mobile Vendor License 101 (PDF)
A mobile vendor license allows you to sell prepared, packaged foods in numerous settings, such as farmers’ markets and fairs. This helps expand your food business’ universe of sales and customer access. This type of license is important because storing, transporting, and holding prepared foods may require appropriate temperature control for proper food safety.
State Laws
Maine Approved Hemp Plan
State of Main Hemp Handbook
Hemp Products in Maine & The Regulations That Apply To Them
Title 7: AGRICULTURE AND ANIMALS Part 5: PLANT INDUSTRY Chapter 406-A: HEMP
An Act To Clarify That Food and Food Products Containing Hemp-derived Cannabidiol Produced and Sold within the State Are Not Adulterated and To Match the State's Definition of "Hemp" to the Definition in Federal Law
Tobacco Notice - 12/20/19 (PDF)
Frequently Asked Questions
Can you sell hemp flower in Maine?
Yes. However, you may need a Retail Tobacco License form the DACF to sell any smokable hemp products.
Are there any restrictions on Delta 8 products in Maine?
No. All hemp-derived products must contain less than 0.3% Delta 9 THC.
If you have any other questions about starting a hemp company in Maine, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Maryland (MD)
Maryland Hemp License Requirements
Industrial hemp is governed by the Maryland Department of Agriculture (MDA). To grow hemp, you’ll need a Hemp Production Permit. Applicants can apply online at Maryland One Stop licensing portal. You do not need a license to manufacture or sell CBD or other hemp-derived products in Maryland. However, if you manufacture hemp-infused food products, you may need a Food Processing Permit through the Maryland Department of Health (MDH) Office of Food Protection’s Center for Food Processing (CFP).
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Maryland.
Maryland Department of Agriculture (MDA)
Maryland Department of Health (MDH)
Maryland Department of Health (MDH)
Office of Food Protection
The MDH’s Office of Food Protection has a Division called the Center for Food Processing (CFP) which issues Food Establishment Permits to Manufacture, Wholesale, or Distribute Food products in Maryland which would also include hemp-infused food products or edibles.
Maryland Center for Food Processing (CFP)
Maryland Center for Food Processing (CFP)
The Center for Food Processing (CFP) is responsible for licensing and inspecting facilities that make, process, store, hold or distribute food to sell wholesale to other businesses in the State of Maryland.
ALCOHOL AND TOBACCO COMMISSION LICENSING AND PERMITTING UNIT
If you sell vaping products, you may need a tobacco license.
CIGARETTE AND OTHER TOBACCO PRODUCTS (OTP) LICENSES APPLICATION
Frequently Asked Questions (FAQ) for Maryland Tobacco Retailers
Maryland Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Maryland state hemp license and get links to apply online or download the application.
Maryland Hemp Production License
Maryland Food Processing License
Maryland Center for Food Processing (CFP)
The Center for Food Processing (CFP) is responsible for licensing and inspecting facilities that make, process, store, hold or distribute food to sell wholesale to other businesses in the State of Maryland.
ALCOHOL AND TOBACCO COMMISSION LICENSING AND PERMITTING UNIT
If you sell vaping products, you may need a tobacco license.
CIGARETTE AND OTHER TOBACCO PRODUCTS (OTP) LICENSES APPLICATION
State Laws
MD Approved Hemp Plan (pdf)
Title 15 MARYLAND DEPARTMENT OF AGRICULTURE Subtitle 01 OFFICE OF THE SECRETARY 15.01.17 Hemp Farming Program
HB 1123
HB 698
If you have any other questions about starting a hemp company in Maryland, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Massachusetts (MA)
Massachusetts Hemp & CBD License Requirements
Industrial hemp is governed by the Massachusetts Department of Agriculture Resources (MDAR) who oversees Growing, Extracting, and Hemp-derived Product Manufacturing.
To grow hemp, you’ll need a Hemp Producer License. To extract hemp into concentrates or to manufacture finished hemp-derived products, you’ll need a Hemp Processor License.
There are also some product restrictions. Hemp flower can be manufactured by a licensed Hemp Processor but can only be sold by Marijuana Dispensaries licensed by the Cannabis Control Commission (CCC). The MDAR has also made a stance on Delta 8 THC products by prohibiting the manufacture or sale of Delta 8 THC products.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Massachusetts.
Massachusetts Department of Agriculture Resources (MDAR)
Massachusetts Department of Agriculture Resources (MDAR) Industrial Hemp Program
Licensing for Growers and Processors
MA Industrial Hemp Program Licensing Information
- MA Hemp Producer License Application 2022 (PDF)
- MA Hemp Processor License Application 2023 (PDF)
- MA Hemp Dual Producer Processor License Application 2023 (PDF)
How to Apply by Mail
Between 12/1 – 4/30, you can send your application along with the $100 non-refundable application fee to:
MDAR Hemp Program
225 Turnpike Road; Room 302
Southborough, MA 01772
In-person application or fee submissions will not be accepted.
Resources for MA Hemp Program Licensees
POLICY STATEMENT REGARDING THE SALE OF HEMP-DERIVED PRODUCTS IN THE COMMONWEALTH (2021)
MA Hemp Program Contact Information
Address
Massachusetts Department of Public Health (DPH)
Cannabis Control Commission (CCC) - Marijuana & Hemp Flower Only
The Cannabis Control Commission (CCC) does not regulate hemp or hemp-derived products in any way. However, if you sell hemp flower, you can only sell hemp flower in Massachusetts to CCC licensed marijuana dispensaries. You cannot sell directly to a consumer or to smoke shops or other retail stores.
GUIDANCE ON SELLING HEMP AND HEMP-DERIVED PRODUCTS TO MARIJUANA ESTABLISHMENTS
Guidance on Selling Hemp and Hemp-Derived Products to Marijuana Establishments (PDF)
Massachusetts Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Massachusetts state hemp license and get links to apply online or download the application.
Massachusetts Hemp Producer License
A Hemp Producer license is required to grow industrial hemp.
Massachusetts Department of Agriculture Resources (MDAR) Industrial Hemp Program
Licensing for Growers and Processors
MA Industrial Hemp Program Licensing Information
- MA Hemp Producer License Application 2022 (PDF)
- MA Hemp Dual Producer Processor License Application 2023 (PDF)
How to Apply by Mail
Between 12/1 – 4/30, you can send your application along with the $100 non-refundable application fee to:
MDAR Hemp Program
225 Turnpike Road; Room 302
Southborough, MA 01772
In-person application or fee submissions will not be accepted.
Resources for MA Hemp Program Licensees
POLICY STATEMENT REGARDING THE SALE OF HEMP-DERIVED PRODUCTS IN THE COMMONWEALTH (2021)
MA Hemp Program Contact Information
Address
Massachusetts Hemp Processor License (Extraction & Manufacturing)
A Hemp Processor license is required to extract or manufacture products from industrial hemp.
Massachusetts Department of Agriculture Resources (MDAR) Industrial Hemp Program
Licensing for Growers and Processors
MA Industrial Hemp Program Licensing Information
- MA Hemp Processor License Application 2023 (PDF)
- MA Hemp Dual Producer Processor License Application 2023 (PDF)
How to Apply by Mail
Between 12/1 – 4/30, you can send your application along with the $100 non-refundable application fee to:
MDAR Hemp Program
225 Turnpike Road; Room 302
Southborough, MA 01772
In-person application or fee submissions will not be accepted.
Resources for MA Hemp Program Licensees
POLICY STATEMENT REGARDING THE SALE OF HEMP-DERIVED PRODUCTS IN THE COMMONWEALTH (2021)
MA Hemp Program Contact Information
Address
Massachusetts State Food Permit
If you manufacture or sell hemp-infused food products in Massachusetts, you may need to register your business or manufacturing facility as a food establishments. Below is a link to all Food Processing Permits and Forms from the Massachusetts Departmen of Public Health (DPH)
Massachusetts Department of Public Health (DPH)
State Laws
MA Approved Hemp Plan (pdf)
330 CMR 32.00: Hemp production
2022 Hemp Processor Policy
POLICY STATEMENT REGARDING THE SALE OF HEMP-DERIVED PRODUCTS IN THE COMMONWEALTH
GUIDANCE ON SELLING HEMP AND HEMP-DERIVED PRODUCTS TO MARIJUANA ESTABLISHMENTS
Open PDF file, 390.71 KB, for105 CMR 500.000: Good Manufacturing Practices for Food
Frequently Asked Questions
What does Massachusetts have to say about Delta 8?
Massachusetts Delta 8 THC Notification (12/2022)
“Delta-8 THC is a psychoactive chemical found in cannabis, which includes both marijuana and hemp. Delta-8 THC can occur naturally in a cannabis plant but is not found in significant quantities. Consequently, concentrated amounts of delta-8 THC (such as those seen in consumer products) are typically manufactured synthetically from hemp-derived CBD.
While the 2018 Farm Bill did remove hemp from the Controlled Substance Act, it did not impact the control status of THC or other synthetically derived cannabinoids, thus delta-8 THC remains a controlled substance regardless of the source. M.G.L.c. 128, Section 117 specifically authorizes MDAR to determine the reasonable commercial uses for hemp. As a result, MDAR has prohibited the sale and manufacture of any hemp-derived delta-8 products within or in the Commonwealth.”
While this may or may not be a legal method of banning Delta 8 products in Massachusetts is still to be determined. However, it clearly states MA’s intent. So, even if their legal argument is moot because the 2018 Farm Bill may override that argument, the Massachusetts’ government bodies can still cause some troubles for you if they attempt to start pulling Delta 8 products off the shelves of stores you sell to.
Can I sell hemp flower in Massachusetts?
Yes. However, it can only be sold by Cannabis Control Commission (CCC) Lincensees such as a Medical Marijuana Dispensary.
MDAR has lifted the restriction on the retail sale of hemp flower as a finished product provided the finished hemp flower is only sold to or by a CCC Licensee. The sale of flower as a finished product is still prohibited in any retail setting except for marijuana establishments and only to the extent allowed by the CCC.
If you have any other questions about starting a hemp company in Massachusetts, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Michigan (MI)
Michigan Hemp & CBD License Requirements
There are two governing bodies to industrial hemp and hemp-derived products. To grow hemp, you’ll need a Hemp Grower License from the Michigan Dept of Agriculture & Rural Development (MDARD). To process (extract) hemp, manufacture finished hemp-derived products, or to sell hemp-derived products in a retail establishment or online, you need a Hemp Processor-Handler License from the Cannabis Regulatory Agency (CRA).
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
➖ Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Michigan.
Michigan Department of Agriculture & Rural Development (MDARD)
Michigan Department of Agriculture & Rural Development (MDARD)
MDARD Pesticide and Plant Pest Management Division Industrial Hemp Program
Questions regarding industrial hemp should be directed to MDARD:
MDARD-Industrialhemp@michigan.gov
800-292-3939
MDARD Pesticide and Plant Pest Management Division
MDARD Pesticide and Plant Pest Management Division Industrial Hemp Program
Questions regarding industrial hemp should be directed to MDARD:
MDARD-Industrialhemp@michigan.gov
800-292-3939
Michigan Cannabis Regulatory Agency (CRA)
Michigan Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Michigan state hemp license and get links to apply online or download the application.
Michigan Hemp Grower License
Industrial Hemp Grower Registration Instructions and Application
Hemp Grower Registration allows for:
- Planting, propagating, growing, and cultivating
- Harvesting hemp
- Drying, storing hemp
- Selling raw industrial hemp to a licensed hemp processor-handler or medical marijuana processor
- Conducting research
- Possessing live plants or viable seed on premises where the hemp will be grown
- Disposing of or remediating noncompliant Cannabis on site
- Disposing of a crop that was not officially sampled
- Transfer between a grower’s registered locations
Does not allow for selling an intermediary, in-process, or finished hemp product; smokable flower; hemp seed, clones, or transplants.
MDARD Phone: 800-292-3939
Email: MDARD-IndustrialHemp@
Michigan.gov
www.Michigan.gov/HempGrowing
First-line processing activities allowed for registered growers without a Hemp Processor-Handler License (HPHL):
- Retting, decortication
- Scutching, hackling, roving, spinning, and other fiber-generating processes
- Chopping, crushing, grinding
- Sorting, grading, baling, bundling
- Collecting kief, trim, or shake
- Shucking/bucking – removal of leaves and buds from the stem
- Sorting, cleaning, and dehulling seed
- Processing seeds into Generally Recognized As Safe food items (such as processing into cakes, pressing/crushing seed for oil)
Michigan Hemp Processor-Handler License
A Processor-Handler License is needed in Michigan if you extract hemp into concentrates, sell those extracts, manufacture or hemp-derived products such as topicals and tinctures, or sell finished hemp-derived products to consumers in Michigan.
Michigan CRA Hemp Processor-Handler License
Michigan CRA Industrial Hemp Processing License FAQs
Hemp Grower vs. Processor-Handler Activities
Hemp Processor-Handler License (HPHL) through CRA allows for:
- Converting raw hemp into a marketable form; winterizing; extracting; distilling
- Possessing, storing, or transporting industrial hemp on premises owned, operated, or controlled by a registered grower or licensed processor
- Marketing hemp by acting as an intermediary or negotiator between buyers and sellers
- Promoting, selling, or gathering info about customer preferences regarding hemp
- Selling intermediary, in-process, or finished hemp products
- Selling smokable flower
- Selling viable hemp (seeds, plants) to registered growers or those with a HPHL.
Those holding a medical marijuana processor license can perform all above activities without a HPHL.
CRA Phone: 517-284-0815
Email: CRA-Hemp@Michigan.gov
www.Michigan.gov/HempProcessing
Michigan State Food Establishment Permit
A Food Establishment License from MDARD may be required for processing GRAS products for human consumption. Produce safety requirements may also be required. Cannabinoids may not be added to food or labeled as dietary supplements. Hemp or cannabinoids cannot be added to animal feed.
Michigan Food Establishment License Applications
Michigan Food Application for the following business types
- Food Warehouse – A food establishment that stores or distributes prepackaged food. This may include a small or large food warehouse, distribution center, transfer station, public cold storage facility, or reclamation center.
- Mobile Food Commissary
- Retail Food Establishment – A retail food store that does both of the following:
- Serves or provides an unpackaged food for immediate consumption.
- Provides customer seating in the food service area.
- Temporary Food Establishment – A food establishment which operates at a fixed location for a temporary period not to exceed 14 consecutive days. Example: concession stands at state or county fairs.
- Extended Retail Food Establishment – A retail food store that does both of the following:
- Serves or provides an unpackaged food for immediate consumption.
- Provides customer seating in the food service area.
Michigan Food Application for the following business types
- Mobile Food Establishment – Operating (grocery sales) from a vehicle or watercraft and returning to a commissary for servicing at least every 24 hours. An example may include door to door frozen food sales from a truck. Note: the commissary must obtain a Mobile Food Establishment Commissary License.
- Special Transitory Food Unit (STFU) – “Special Transitory Food Unit” means a temporary food establishment that is licensed to operate throughout the state without the 14-day limits, or a mobile food establishment that is not required to return to a commissary. If the first operating location is a state or county fair, contact MDARD; otherwise, contact the local health department for that location. Additional fees associated with Special Transitory Food Units includes a $197 initial plan review fee as well as a $90 a year inspection fee.
Michigan Food Application for the following business types
- Limited Wholesale Food Processor
- Wholesale Food Processor – An operation that processes, manufacturers, packages, or labels food for wholesaling. Examples include an ice manufacturer; wholesale bakery or bread plant; winery; brewery; water, juice, soft drink, or beverage plant; canning plant; flour mill, cereal plant; specialty foods processor; wholesale fish or seafood processor, wholesale fish smoking operation, fruit & vegetable packer, egg grading plant.
Michigan Food Establishment Licensing Details, FAQ, and Step-by-Step Guide
Michigan Department of Agriculture & Rural Development
Contact the Michigan Department of Agriculture & Rural Development if you primarily sell, store, or manufacture food. Examples of such establishments include:
- Retail grocery store, convenience store, party store
- Bakery, fish market, butcher shop, candy store, produce market
- Food warehouse, distribution center, transfer station, public cold storage facility
PART 110 – CURRENT GOOD MANUFACTURING PRACTICE IN MANUFACTURING, PACKING, OR HOLDING HUMAN FOOD
MDARD Phone: 800-292-3939
Email: MDARD-IndustrialHemp@
Michigan.gov
State Laws
MI Approved Hemp Plan (pdf)
Michigan Hemp Production Plan
Public Act 220 of 2020
HOUSE BILL No. 4517
HOUSE BILL No. 4740
HOUSE BILL No. 4741
HOUSE BILL No. 4742
HOUSE BILL No. 4743
HOUSE BILL No. 4744
HOUSE BILL No. 4746
Resources
If you have any other questions about starting a hemp company in Michigan, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Minnesota (MN)
Minnesota Hemp & CBD License Requirements
Minnesota has two regulatory bodies that oversee industrial hemp and hemp-derived product licensing, the Minnesota Department of Agriculture (MDA) who oversees Industrial Hemp Growing or Processing and the Minnesota Board of Pharmacy who, as of July 1, 2022, oversees the sale of hemp extracts and hemp-derived products made for human consumption in Minnesota. However, no licensing is required from the Minnesota Board of Pharmacy to manufacture or sell finished hemp-derived products, either online or in a retail store. There are, however, some new product restrictions you should be aware of in Minnesota, especially if you sell Delta 8 THC Gummies, vapes, or tinctures.
New Minnesota THC Definitions and Limitations
Minnesota Statutes section 151.72 contains three limitations on the amount of THC an edible or ingestible hemp product may contain. Please note that these limitations apply to the combined total of all THCs in a product including but not limited to Delta 9 THC, THCa, THCv, and Delta 8. The three limitations on edible hemp products are as follows:
- No more than 5mg of Total THCs (combined.) per single serving.
- No more than 50mg Total THC per package, and
- Total THC must be less than 0.3%.
Minnesota Statutes section 151.72, subdivision 5a, states that an edible cannabinoid product must not “be made by applying an extracted or concentrated hemp-derived cannabinoid to a commercially available candy or snack food item.” The Board interprets the word “applying” to include adding the cannabinoid to a commercially available food product in any manner. Accordingly, edible cannabinoid products cannot be made by combining an extracted or concentrated hemp-derived cannabinoid with a commercially produced candy, snack food item, or other food.
This means your 5mg Delta 8 Gummies cannot be rolled or sprayed on, they must be infused.
Minnesota Statutes section 151.72 only allows for the sale of manufactured and prepackaged products that contain substances derived from hemp. It does not allow for food service or other food preparation activities using products which contain substances derived from hemp. Accordingly, products that contain substances derived from hemp cannot be added to foods or beverages by restaurants, bars, or other businesses that prepare food and beverages for onsite or take-away consumption.
Click below to learn more about licensing and find links to each of the government agencies in Minnesota who regulate hemp and hemp-derived products.
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Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Minnesota.
Minnesota Department of Agriculture (MDA)
Minnesota Board of Pharmacy
The Minnesota Board of Pharmacy regulates the sale of hemp extracts and cannabinoid products for human consumption in Minnesota. As of July 1, 2022, this includes edible cannabinoid products which are intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and are not drugs. More information can be found in the Minnesota Board of Pharmacy Hemp Derived Products Frequently Asked Questions document on the Minnesota Board of Pharmacy website and in Minnesota Statute 151.72.
Minnesota Board of Pharmacy Hemp-Derived Cannabinoid Products Guidance
Minnesota Board of Pharmacy Hemp-Derived Products Frequently Asked Questions June 30, 2022
Minnesota Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Minnesota state hemp license and get links to apply online or download the application.
Minnesota Industrial Hemp Grower License
Minnesota Department of Agriculture (MDA) Hemp Program
FAQs Regarding Minnesota’s Hemp Program
CONTACT US
Minnesota Industrial Hemp Program
Minnesota Hemp Processor License
Minnesota Department of Agriculture (MDA) Hemp Program
FAQs Regarding Minnesota’s Hemp Program
CONTACT US
Minnesota Industrial Hemp Program
State Laws
MN Approved Hemp Plan (pdf)
Minnesota Statute 151.72.
Minnesota Administrative Rules CHAPTER 1565, HEMP
2022 Minnesota Statutes CHAPTER 151. PHARMACY PRACTICE AND WHOLESALE DISTRIBUTION ACT
2022 Minnesota Statutes 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS.
2022 Minnesota Statutes CHAPTER 18K. INDUSTRIAL HEMP DEVELOPMENT
Definitions
What is the definition of "THC" in Minnesota?
The total of all THC cannabinoids including but not limited to Delta 9 THC, Delta 8, THCa, and THCv.
If you have any other questions about starting a hemp company in Minnesota, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Mississippi (MS)
Mississippi Hemp & CBD License Requirements
The state of Mississippi is one of the few states that does not currently have an approved industrial hemp plan. Therefore, all industrial hemp producer (grower) licenses are obtained directly from the USDA using their online HeMP (Hemp eManagement Platform) application portal. There are no state hemp-specific licenses required currently to manufacture or sell hemp-derived products. However, if you manufacture or sell food or edible products, you may need a Food Permit from the Mississippi State Department of Health.
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Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Mississippi.
Mississippi State Department of Health
Mississippi Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Mississippi state hemp license and get links to apply online or download the application.
USDA Hemp Production License
USDA Domestic Hemp Production Program
Apply Online using the USDA HeMP (Hemp eManagement Platform )
Mississippi State Food Permits
Mississippi State Retail Food Permits
Mississippi State Manufactured Food Permits
State Laws
USDA Domestic Hemp Production Program
House Bill 625
SENATE BILL NO. 2725
REGULATION GOVERNING MANUFACTURE AND SALE OF FOOD AND FOOD PRODUCTS in Mississippi
Resources
If you have any other questions about starting a hemp company in Mississippi, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Missouri (MO)
Missouri Hemp & CBD License Requirements
Missouri has recently cancelled their state-run industrial hemp program and put this notice on their Missouri Department of Agriculture website.
Please be advised, the Missouri Department of Agriculture (Department) is closing the Industrial Hemp Program effective December 31, 2022. Starting on January 1, 2023, persons interested in producing industrial hemp in Missouri must complete the licensing application through the United States Department of Agriculture (USDA) Domestic Hemp Production Program. Information on the U.S. Domestic Hemp Production Program webpage. The decision to close the Department’s Industrial Hemp Program is based on declining registration and permit numbers, making the program funding unsustainable as required under statute. Producers (growers) will be able to pursue USDA hemp licenses at no cost and reduce duplicative reporting of information to both the Department and USDA.
You do not need a hemp license to manufacture, sell, or distribute finished hemp-derived products pending you abide by the Federal guidelines stated in the 2018 Farm Bill. However, if you manufacture or sell food and edible products, you may need a Food Permit from the Missouri Department of Health and Senior Services (DHSS).
Lastly, Missouri has a unique hemp license for consumers with Epilepsy who want to purchase Hemp Extract for human consumption. Here are the requirements for the Missouri’s DHSS Hemp Extract Registration Program
Eligibility
A registrant of the Missouri Hemp Extract Registration Card is an individual who:
- is 18 years of age of older, or the parent or legal guardian of a minor who is responsible for the minor’s care.
- a Missouri resident; and
- has a diagnosis of intractable epilepsy and can provide a statement signed by a neurologist licensed in Missouri (Completion of a Missouri Hemp Extract Registration Card Neurologist Certification form) indicating that the individual who suffers from intractable epilepsy may benefit from treatment with hemp extract.
The term “hemp extract” in this program is defined as an extract that:
- Is composed of no more than three-tenths percent tetrahydrocannabinol by weight.
- Is composed of at least five percent cannabidiol by weight; and
- Contains no other psychoactive substance.
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Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Missouri.
United States Department of Agriculture (USDA)
Missouri Department of Agriculture
Missouri Department of Agriculture Industrial Hemp Program (cancelled as of 1/1/2023)
Hemp Program
Phone: (573) 522-0351
Fax: (573) 751-0005
Email: hempprogram@mda.mo.gov
Missouri Department of Health & Senior Services (DHSS)
Missouri Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Missouri state hemp license and get links to apply online or download the application.
USDA Hemp Production (Grower) License
Missouri Hemp Extract Registration Program
Missouri’s DHSS Hemp Extract Registration Program
Eligibility
A registrant of the Missouri Hemp Extract Registration Card is an individual who:
- is 18 years of age of older, or the parent or legal guardian of a minor who is responsible for the minor’s care;
- a Missouri resident; and
- has a diagnosis of intractable epilepsy and can provide a statement signed by a neurologist licensed in Missouri (Completion of a Missouri Hemp Extract Registration Card Neurologist Certification form) indicating that the individual who suffers from intractable epilepsy may benefit from treatment with hemp extract.
How to Apply for or Renew a Missouri Hemp Extract Registration Card
- To apply for or renew a Missouri Hemp Extract Registration Card you must submit the following items by mail to the Missouri Department of Health and Senior Services, P.O. Box 570, Jefferson City, MO 65102-0570
Required
- A completed Missouri Hemp Registration Card Application form
- Form must be signed by applicant (no photocopy)
- A completed Missouri Hemp Extract Registration Neurologist Certification form
- Form must be signed by neurologist licensed in Missouri and board certified in neurology (no photocopy)
- Copy of the applicant’s valid Missouri photo identification
- Copy of a record of the neurologist’s evaluation and observation relating to the individual’s treatment for intractable epilepsy
Optional
- A completed Missouri Hemp Extract Registration Card Certification for Waiver form (A waiver allows for the possession of more than 20 ounces of hemp extract)
- Form must be signed by a physician licensed in Missouri (no photocopy)
Note: Forms must be mailed, as original signature is required on all forms. Emailed and faxed forms will not be accepted. Follow all directions on forms in order to submit a completed application.
State Laws
Missouri Hemp Plan
Title XII PUBLIC HEALTH AND WELFARE Chapter 195 HEMP EXTRACT
Definitions
What is the definition of "Hemp Extract" as used for Missouri's Hemp Extract Registration Program?
The term “hemp extract“ shall mean an extract from a cannabis plant or a mixture or preparation containing cannabis plant material that:
(1) Is composed of no more than three-tenths percent tetrahydrocannabinol by weight;
(2) Is composed of at least five percent cannabidiol by weight; and
(3) Contains no other psychoactive substance.
What is the definition of "Total THC" as used for Missouri's Industrial Hemp Program
Tetrahydrocannabinol (THC) is a compound found within Cannabis plants. Delta-9 THC is a form of THC and is the primary psychoactive component of Cannabis. Tetrahydrocannabinolic Acid (THC-A) is another form of THC which converts into Delta-9 THC.
To determine compliance, Missouri utilizes the calculated Total THC or Delta-9 THC measured post-decarboxylation.
Total THC calculates the potential conversion of THC-A into Delta-9 THC by utilizing the formula: Measured Delta-9 THC + (Measured THC-A * 0.877)
Decarboxylation processes conducted by the testing laboratory accounts for the actual conversion of THC-A into Delta-9 THC
Resources
If you have any other questions about starting a hemp company in Missouri, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Montana (MT)
Montana Hemp & CBD License Requirements
The state of Montana’s hemp program is governed by the Montana Department of Agriculture. Licensing is available for growers and processors of industrial hemp. Manufacturers and retailers of hemp-derived products only need to be licensed if they manufacture or sell hemp-derived food products.
Industrial hemp licensing for growers is done in two stages, each with their own license. The initial application, a Planting Permit, is issued so growers may buy seed or live plants, and seed or transplant hemp. Then the hemp farmer must submit a Planting Report confirming information about the hemp crops planted. Successful applicants will then be issued the second license called a Production license. The Production license allows for hemp production and harvesting.
To produce derivatives such as hemp extracts that are intended to be used in products for food, fiber, oils, supplements, or drugs (excluding THC) for the ingredient or wholesale extracts market. Licensed hemp processors must comply with city and county ordinances and laws.
To manufacture finished hemp-derived products in Montana, a manufacturer must comply with the laws and regulations of the FDA and the Montana Department of Public Health and Human Services (DPHHS). The DPHHS oversees licensing for Food Establishments, both manufacturers and retail food dealers. A retail food dealer does not include “a person that sells or serves only commercially prepackaged foods that are not potentially hazardous;” such as a smoke shop that sells gummies. However, if you manufacture hemp-infused gummies, you may need to register your manufacturing facility as a Wholesale Food Establishment.
Don’t forget to check your local county and city to see if you need a Business License to operate business in that district.
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Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Montana.
Montana Department of Agriculture (MDA)
State of Montana Department of Agriculture Hemp Program
Contacts
Mikayla Moore
Hemp Program Technician
Phone: (406) 444-5430
Email: Mikayla.Moore@mt.gov
Fax: (406) 444-9493
Montana Department of Public Health and Human Services (DPHHS)
Montana Department of Public Health and Human Services (DPHHS)
Montana Wholesale Food Establishment Licensing
Montana Retail Food Establishment Licensing
Contacts
Gail Macklin
Licensing
(406) 444-2415
GMacklin@mt.gov
Sadie Overlie, R.S.
Wholesale Food / Cottage Food
(406) 444-2823
Sadie.Overlie@mt.gov
Jenna Fisher, R.S.
Retail Food
(406) 444-0067
Jenna.Fisher@mt.gov
Staci Evangeline, R.S.
Supervisor
(406) 444-2089
Staci.Evangeline@mt.gov
Montana Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Montana state hemp license and get links to apply online or download the application.
Montana Hemp Grower License
Montana Industrial Hemp Program FAQs
Montana State Hemp Licensing
MT Hemp Licensing – Stage 1
The initial license application stage requires, entity information, key participant information, and verification of seed/live plant source.
MT HEMP LICENSE APPLICATION – Stage 1 (PDF)
MT Hemp Licensing – Stage 2
Applicants who complete Stage 1 of the licensing process and receive the initial Planting Permit must submit the Hemp Planting Report, whether a crop was planted or not, in order to obtain license #2 Hemp Production License.
Montana Hemp Processor License
Montana's Organic Hemp Certification Program
Montana Wholesale Food Establishment Licensing
Montana Retail Food Establishment Licensing
State Laws
Montana Hemp Plan
Montana Code Annotated (MCA) Title 80, Chapter 18
Administrative Rules of Montana (ARM) 4.19.101-202
Montana Code Annotated (MCA)
Administrative Rules of Montana
2013 FDA Model Food Code
Food, Drug and Cosmetic Act
Wholesale Food Establishments Laws
Industrial Hemp and Cannabidiol Policy for Food and Dietary Supplements
CIRCULAR FCS 2-2019 WHOLESALE FOOD ESTABLISHMENTS
MT Wholesale Food Rule 2020
House Bill 396
Resources
If you have any other questions about starting a hemp company in Montana, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Nebraska (NE)
Nebraska Hemp & CBD License Requirements
Nebraska Industrial Hemp licensing is governed by the Nebraska Department of Agriculture (NDA). There are 3 different industrial hemp licenses: Cultivation License (growers), Processor-Handler License (extractors, hemp storage), and an industrial hemp broker’s license (biomass brokers). No NDA license is required to manufacture or sell finished hemp-derived products. However, if you manufacture food products, you may need to register your manufacturing facility as a Food Establishment by obtaining a Food Permit from your local Food Inspector.
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Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Nebraska.
Nebraska Department of Agriculture (NDA)
Nebraska Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Nebraska state hemp license and get links to apply online or download the application.
Nebraska Hemp Cultivator License
Nebraska Hemp Cultivator License (Guidance, Application)
Nebraska Hemp Broker Application
Nebraska Hemp Processor-Handler License
Nebraska Hemp Processor-Handler License (Guidance, Application)
State Laws
Nebraska Hemp Plan
Nebraska Hemp Farming Act
Nebraska Revised Statute 28-476
If you have any other questions about starting a hemp company in Nebraska, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Nevada (NV)
Nevada Hemp & CBD License Requirements
There are several hemp and general licensing requirements in Nevada. Nevada hemp is governed by the Nevada Department of Agriculture (NDA) who issues 3 licenses: Grower, Seed Producer, and Handler. No hemp-specific licensing is required to manufacture or sell hemp-derived products in Nevada. However, if you manufacture or sell food products infused with hemp extract, you may need a Food Establishment Permit from the Department of Health and Human Services (DHSS) Nevada Division of Public and Behavioral Health (DPBH).
Nevada also has several state and local business licenses required for all businesses to operate in their respective state and local regions. Although this can be confusing, Nevada has created an easy-to-use online tool, the NV Online Business Plan Checklist Generator, that will generate a list of all business licenses needed to operate in Nevada, both state and local. You can also find links to both the state and local authorities below for your convenience.
Lastly, you need to register your business with the Nevada Department of Taxation.
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Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Nevada.
Nevada Department of Agriculture (NDA)
Department of Health and Human Services (DHSS) Nevada Division of Public and Behavioral Health (DPBH)
Nevada Secretary of State
State of Nevada Seal State of Nevada Department of Business & Industry
NV County/City/Town Governments (local business licenses)
Nevada State local business licenses
Nevada Department of Taxation
Nevada Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Nevada state hemp license and get links to apply online or download the application.
Nevada Industrial Hemp Production (Grower) License
Nevada Industrial Hemp Production (Grower) License
Grower Defined: A person who is registered by the Department and cultivates industrial hemp.
Nevada Hemp Seed Producer License
Nevada Hemp Seed Producer License
Producer Defined: A person who is registered by the Department and produces agricultural hemp seed for replication.
Nevada Hemp Handler License
Nevada Hemp Handler License
Handler Defined: A person who is registered by the Department and receives industrial hemp for processing into commodities, products or agricultural hemp seed.
Nevada State Food Establishment Permit
Nevada State Business License
You will need to register any business with the state and obtain the applicable business license to operate business in Nevada. You may also need to obtain a business license from your county or city.
You can also use Nevada’s Online Business Plan Checklist Generator which will plan out all state and local business licenses needed.
Nevada Local Business Licenses (City/County/Town)
Nevada State local business licenses
State Laws
Nevada Hemp Plan
Nevada Senate Bill 305
Nevada Hemp Regulations
(NRS) 557
Nevada Administrative Code (NAC) 557
2019 Nevada Senate Bill (SB) 347
Nevada Senate Bill 209
NRS 557.200(5)
NAC 557 Update per R011-21P - 8/4/2022
Nevada Law Library
NRS-453
NAC CHAPTER 446 - FOOD ESTABLISHMENTS
Resources
Nevada New Business Checklist
The New Business Checklist provides a preview of required registrations to do business in Nevada, estimated costs to help you plan financially and an interactive road map to help guide you in starting your business.
NV Online Business Plan Checklist Generator
Guide to Starting and Growing a Business in Nevada (webpage)
Guide to Starting and Growing a Business in Nevada (PDF document)
Guide to Starting and Growing a Business in Nevada (Word document)
If you have any other questions about starting a hemp company in Nevada, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
New Hampshire (NH)
New Hampshire Hemp & CBD License Requirements
If you own a hemp company or farm in New Hampshire, licensing is easy. They do not have any state-run hemp programs or an approved Hemp Plan through the USDA. Therefore, to grow hemp, you’ll need to apply for a Hemp Productions License directly from the USDA.
Furthermore, New Hampshire doesn’t have any hemp-specific licensing to manufacture or sell hemp-derived products. However, if you manufacture or retail food products, you may need to obtain a food permit from the New Hampshire Department of Health & Human Services.
There are no state business licenses required in New Hampshire as well. However, there are a few counties that require some businesses to obtain a business license to operate in their county (which may or may not apply to Hemp).
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Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of New Hampshire.
New Hampshire Department of Health & Human Services
New Hampshire Department of Agriculture, Markets & Food
New Hampshire Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each New Hampshire state hemp license and get links to apply online or download the application.
USDA Hemp Production License
Apply online using the USDA’s application portal.
Hemp eManagement Platform (HeMP)
You’ll also need to submit a New Hampshire USDA Industrial Hemp Affirmation Form to the NH Department of Agriculture complying with the USDA Guidelines.
New Hampshire Food Processing Plant License
New Hampshire Retail Food Service Establishment License
State Laws
New Hampshire Hemp Plan
New Hampshire does not currently have an approved hemp plan. Therefore, all industrial hemp producer (grower) licenses are obtained directly from the USDA.
2015 New Hampshire Revised Statutes Title XL - AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY Chapter 433-C - INDUSTRIAL HEMP RESEARCH Section 433-C:3 - Regulation.
Title X, Public Health, RSA 143-A, Food Service Licensure
Title X, Public Health, RSA 143, Sanitary Production & Distribution of Food
Sanitary Production & Distribution of Food, He-P 2300
Resources
If you have any other questions about starting a hemp company in New Hampshire, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
New Jersey (NJ)
New Jersey Hemp & CBD License Requirements
New Jersey is governed by the New Jersey Department of Agriculture and offers two hemp licenses: a Grower License and a Processor/Handler License. There are no hemp-specific licenses required to manufacture or sell hemp-derived products. However, you may need a food establishment license if you plan on manufacturing food products such as infused hemp gummies. To operate any business in New Jersey, you must obtain a business license through the New Jersey Division of Revenue and Enterprise Services (DORES). There are also a few counties that may require a business license depending on the type of business you have and the products you manufacture or sell.
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Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of New Jersey.
New Jersey Department of Agriculture
State of New Jersey Department of Health
Local New Jersey Health Departments
Restaurants, caterers, food stalls, food trucks, and online retail food businesses are regulated and licensed by the local health department. For information about licensing and inspections of retail food establishments, contact the local health department whose jurisdiction includes the municipality where the food will be prepared and/or sold.
New Jersey Local Health Departments
Download/view the entire directory of local health departments in New Jersey
New Jersey Division of Revenue and Enterprise Services (DORES)
New Jersey Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each New Jersey state hemp license and get links to apply online or download the application.
New Jersey Hemp Grower License
New Jersey Hemp Processor/Handler License
New Jersey State Wholesale Food Establishment Permit
NJ Retail Food Establishment Licenses
Although there is not a hemp-specific license to sell hemp or CBD-infused food products in New Jersey, you may still need a Retail Food License if you sell hemp-derived edibles. Licensing is done through the local municipality’s health department.
New Jersey Local Health Departments
Find Your Local New Jersey Health Department Lookup Tool
Download/view the entire directory of local health departments in New Jersey
NJ State Business Licenses
Local Business Licenses
A local business license may be required in the following municipalities.
State Laws
New Jersey Hemp Plan
New Jersey Hemp Farming Act Summary and Rules
NEW JERSEY ADMINISTRATIVE CODE TITLE 8, CHAPTER 7 LICENSURE OF PERSONS FOR PUBLIC HEALTH POSITIONS
Resources
If you have any other questions about starting a hemp company in New Jersey, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
New Mexico (NM)
New Mexico Hemp & CBD License Requirements
The state of New Mexico has two departments that oversee every aspect of hemp cultivation, extraction, extract storage, and finished product manufacturing. No license is required to store or sell finished hemp-derived products. The New Mexico Department of Agriculture oversees industrial hemp growing and cultivation. The New Mexico Environment Department (NMED) Cannabis and Hemp Bureau (CHB) oversees hemp extraction and product manufacturing.
➖ Manufacture (State Registration Required)
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Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of New Mexico.
New Mexico Department of Agriculture (NMDA)
New Mexico Environment Department (NMED)
New Mexico Environment Department (NMED) Cannabis and Hemp Bureau (CHB)
The New Mexico Environment Department (NMED) oversees and handles permitting hemp warehouses, extraction facilities, manufacturing facilities, and processing facilities.
New Mexico Regulation and Licensing Department (RLD)
New Mexico Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each New Mexico state hemp license and get links to apply online or download the application.
NMDA Hemp License (Growing & Cultivation)
NMED Hemp Extraction Facility Permit
A permit is required in New Mexico to operate Hemp Extraction Facilities, Hemp Manufacturing Facilities, Hemp Processing Facilities, and Hemp Warehouses. Each facility type is also required to be permitted separately. For example, if a person conducts hemp extraction and later formulates the hemp extract into a hemp product or finished product, two permits would be required for that operation. The only exception is that a hemp extraction facility or hemp manufacturing facility do not require an additional hemp warehouse permit. A hemp warehouse permit is only required when hemp extract will be stored at a location that does not possess a current hemp extraction facility or hemp manufacturing facility permit. A permit is not required to warehouse or sell packaged hemp finished products.
NMED Hemp Manufacturing or Processing Facility Permit
A permit is required in New Mexico to operate Hemp Extraction Facilities, Hemp Manufacturing Facilities, Hemp Processing Facilities, and Hemp Warehouses. Each facility type is also required to be permitted separately. For example, if a person conducts hemp extraction and later formulates the hemp extract into a hemp product or finished product, two permits would be required for that operation. The only exception is that a hemp extraction facility or hemp manufacturing facility do not require an additional hemp warehouse permit. A hemp warehouse permit is only required when hemp extract will be stored at a location that does not possess a current hemp extraction facility or hemp manufacturing facility permit. A permit is not required to warehouse or sell packaged hemp finished products.
NMED Hemp Manufacturing or Processing Facility Permit Application
NMED Hemp Warehouse Permit
A permit is required in New Mexico to operate Hemp Extraction Facilities, Hemp Manufacturing Facilities, Hemp Processing Facilities, and Hemp Warehouses. Each facility type is also required to be permitted separately. For example, if a person conducts hemp extraction and later formulates the hemp extract into a hemp product or finished product, two permits would be required for that operation. The only exception is that a hemp extraction facility or hemp manufacturing facility do not require an additional hemp warehouse permit. A hemp warehouse permit is only required when hemp extract will be stored at a location that does not possess a current hemp extraction facility or hemp manufacturing facility permit. A permit is not required to warehouse or sell packaged hemp finished products.
State Laws
New Mexico Hemp Plan
Industrial Hemp Research and Development Program Chapter 76, Article 24
NM Hemp Manufacturing Rule
NM Hemp Cultivation Rule
New Mexico Food Code
Labelling (page 99)
Definitions
What is the definition of "THC" in New Mexico?
“THC” means delta-9-tetrahydrocannabinol as measured using a post-decarboxylation method
and based on percentage dry weight.”
Resources
If you have any other questions about starting a hemp company in New Mexico, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
New York (NY)
New York Hemp & CBD License Requirements
New York hemp is governed by the New York State Department of Agriculture and Markets who oversees industrial hemp growing and the Office of Cannabis Management who oversees Cannabinoid Hemp. The Cannabinoid Hemp Program includes extraction, product manufacturing, out of state distributors, and hemp-derived product retail sales. There are licenses required for all hemp activities, including out of state distributors selling to wholesalers within the state. New York also has a detailed list of hemp-product restrictions and several unique product labelling requirements. They have made a stance on Delta 8 and various other cannabinoids and product types as well as marketing restrictions. You will find links to these resources below including both governing bodies, state laws, all hemp and cannabinoid hemp licenses, product restrictions, and labelling requirements.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
➖ Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of New York.
New York State Department of Agriculture and Markets
NYS Department of Agriculture and Markets Hemp Licensing Program
NYS Hemp Licensing Program Frequently Asked Questions (PDF)
The New York State Department of Agriculture and Markets
Division of Plant Industry
10B Airline Drive Albany, New York 12235
New York State Office of Cannabis Management (OCM)
New York Office of Cannabis Management Cannabinoid Hemp Program
New York State Business Express (NYBE) website
Cannabinoid Hemp Processor License
Contact us by phone: 866-697-4367
New York Hemp Licenses & Applications
Licensing & Production Coordinated between Office of Cannabis Management and Agriculture & Markets
The New York State Department of Agriculture and Markets oversees hemp cultivation and hemp used exclusively for industrial or food purposes. Those interested in cultivating hemp may find more information on the NYS Department of Agriculture & Markets web page.
The New York State Office of Cannabis Management regulates hemp used or marketed for its cannabinoid content, such as cannabidiol commonly known as “CBD”. Cannabinoid hemp products include hemp-derived products, also known as CBD products, available for purchase today, including tinctures, oils, topicals, food, and beverages intended for human consumption.
The Program requires anyone who is processing, manufacturing, or selling cannabinoid hemp to first obtain a license from the Cannabinoid Hemp Program. The Office has approved regulations to implement the Program. The regulations establish standards for manufacturing, laboratory testing, packaging, and labeling to provide industry clarity and protect the health and safety of New Yorkers.
New York Hemp Grower License
New York State Hemp Grower Licensing
- Program Guidance – NY Hemp Licensing Program (PDF)
- Farm Service Agency (FSA) Reporting Guidance – NY Hemp Licensing Program (PDF)
- Reporting Guidance Flowchart – NY Hemp Licensing Program (PDF)
Applications
The Department is accepting applications from individuals or businesses interested in growing hemp in New York State.
New York Grower License Application
Application Guidance – NY Hemp Licensing Program
Grower Reporting Package – NY Hemp Licensing Program
All hemp license holders under the New York State Hemp Program must submit the reports below by the specified deadlines in accordance with the following directions.
New York Seed Retail License
New York Cannabinoid Hemp Processor License (Extractors & Product Manufacturers))
New York State Cannabinoid Hemp Processor Licensing
Businesses processing cannabinoid hemp or hemp extract used for human consumption, whether in intermediate or final form, are required to obtain a cannabinoid hemp processor license from the office. This includes both processors who extract hemp extract from the raw hemp plant and those who purchase hemp extract in intermediary form to manufacture and/or formulate finished products.
Cannabinoid hemp processor means a person licensed by the office to extract hemp extract and/or manufacture cannabinoid hemp products in New York State, whether in intermediate or final form, to be used for human consumption.
NY Cannabinoid Hemp Processor License Application
Businesses extracting or manufacturing cannabinoid hemp in New York State, whether in intermediate or final form must obtain a Cannabinoid Hemp Processor license from the Office of Cannabis Management (Office). Cannabinoid hemp products include many CBD products available for purchase today, including tinctures, oils, topicals, pills, capsules, and food or beverages that are intended for human consumption or application, for their cannabinoid content. The Cannabinoid Hemp Processor license is split into two license types “Extracting and Manufacturing” and “Manufacturing Only”.
Cannabinoid Hemp Processor license holders may only extract and manufacture cannabinoid hemp products that meet the standards of the Cannabinoid Hemp Program. All cannabinoid hemp products must be extracted or manufactured utilizing Good Manufacturing Practices (GMP) and packaged, labeled and laboratory tested according to the Cannabinoid Hemp Program regulations.
Please note Cannabinoid Hemp Processors looking to also sell cannabinoid hemp products to consumers for final retail sale will need to obtain a Cannabinoid Hemp Retail License. Cannabinoid Hemp Processors do not need to apply for a Distributor Permit. The Processor license covers distribution activities.
New York Cannabinoid Hemp Retail License (Products Sold to Consumers)
New York OCM Hemp Product Retailers & Distributors
New York Cannabinoid Hemp Retail License & Distributor Permit
A business selling cannabinoid hemp products in the state of New York must first obtain a Cannabinoid Hemp Retail License before selling cannabinoid hemp products to consumers. Cannabinoid hemp products include many CBD products available for purchase today, including tinctures, oils, topicals, pills, capsules and food or beverages that are intended for human consumption or application, for their cannabinoid content. Additionally, distributors of cannabinoid hemp products manufactured outside of New York State, to be sold for the purpose of resale to licensed Cannabinoid Hemp Retailers within New York State, must obtain a Cannabinoid Hemp Distributor Permit to conduct this activity.
New York Cannabinoid Hemp Distributor Permit (Out of State Products Sold for Resale in NY)
New York OCM Hemp Product Retailers & Distributors
New York Cannabinoid Hemp Retail License & Distributor Permit
A business selling cannabinoid hemp products in the state of New York must first obtain a Cannabinoid Hemp Retail License before selling cannabinoid hemp products to consumers. Cannabinoid hemp products include many CBD products available for purchase today, including tinctures, oils, topicals, pills, capsules and food or beverages that are intended for human consumption or application, for their cannabinoid content. Additionally, distributors of cannabinoid hemp products manufactured outside of New York State, to be sold for the purpose of resale to licensed Cannabinoid Hemp Retailers within New York State, must obtain a Cannabinoid Hemp Distributor Permit to conduct this activity.
New York State Pet Treat Food Registrations
State Laws
New York Hemp Plan
Marihuana Regulation and Taxation Act (MRTA)
MRTA Part 114 - Cannabinoid Hemp Regulations (Cannabinoid Hemp)
ARTICLE 33-B Regulation of Cannabinoid Hemp and Hemp Extract
NYS OCM Cannabinoid Hemp Law Fact Sheet
NY ARTICLE 29 Growth of Hemp
NY ARTICLE 8 Manufacture and Distribution of Commercial Feed
Definitions
What is the definition of "hemp" in New York?
Hemp means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Δ9-Tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
What is the definition of "dietary supplement" in New York?
(a) “dietary supplement” means (1) a product (other than tobacco) that is intended to supplement the diet and that bears or contains one or more of the following dietary ingredients: a vitamin, a mineral, an herb or other botanical, an amino acid, a dietary substance for the use by a person to supplement the diet by increasing the total daily intake, or a concentrate, metabolite, constituent, extract, or combinations of these ingredients; (2) intended for ingestion in pill, capsule, tablet, or liquid form; and (3) labeled as a “dietary supplement” pursuant to the federal Dietary Supplement Health and Education Act, 21 U.S.C. 321, as amended.
Frequently Asked Questions
What is New York's stance on Delta 8?
In New York’s Cannabinoid Hemp Regulations, it reads:
Section 114.8 Cannabinoid hemp product requirements
(a) All cannabinoid hemp products distributed or offered for retail sale in New York State shall:
(11) not contain synthetic cannabinoids, or cannabinoids created through isomerization, including Δ8-tetrahydrocannabinol and Δ10-tetrahydrocannabinol.
So, is Delta 8 THC banned in New York?
It is if its made through isomerization. However, it can also be produced in smaller amounts through extraction. The problem is, there is no way to tell them apart once they’ve been made.
To combat this in the future and prep us all for upcoming legislation not yet imposed as of 1/20/2023, New York’s Cannabinoid Hemp Regulations include this statement:
The office may through future regulation impose a total THC cap for the purpose of protecting public health, which shall include detectable levels of total Δ9-Tetrahydrocannabinol, Δ8-Tetrahydrocannabinol and Δ10-Tetrahydrocannabinol in milligrams per serving and milligrams per package for cannabinoid hemp products based on the product form, volume, number of servings, and ratio of CBD to THC;
The fact remains, delta 8 products are everywhere in New York. Regulating this cannabinoid may become extremely tricky for state regulators as the statutes currently stand.
Are cannabinoid hemp flower products allowed in New York? (Per the Office of Cannabis Management)
Delta-8 THC is a cannabinoid that produces psychoactive effects (feeling of being “high”) and is not permitted to be sold or manufactured in the New York State Cannabinoid Hemp Program. Many Delta-8 THC products available on the market today are not regulated and can pose a serious risk to consumers.
Are cannabinoid hemp flower products allowed in New York? (per Office of Cannabis Management)
The regulations permit the sale of cannabinoid hemp flower; however, cannabinoid hemp flower products may not be labeled or advertised for the purposes of smoking or in the form of a joint, cigarette, cigar or pre-roll. Cannabinoid hemp flower products that are not marketed for smoking may be sold by any cannabinoid hemp retail licensee pursuant to the regulations.
Resources
NEW YORK BUSINESS RESOURCES
START A BUSINESS IN NEW YORK USING THE NY BUSINESS WIZARD TO FIND OUT WHAT YOU NEED.
PRODUCT RESTRICTIONS IN NEW YORK
Hemp-derived products sold in New York:
- must contain less than 0.3% Delta 9 THC
- must not be advertised for the purposes of smoking.
- must not be in the form of a joint, cigarette, cigar, or pre-roll (vape carts and disposables are okay)
- must be prepackaged.
- must not, AT THE POINT OF SALE, be added to food or any other consumable products (e.g., at a restaurant or bar to add to food or drink yourself)
- must be lab tested.
- must contain a batch number.
- must not contain synthetic cannabinoids.
- must not contain cannabinoids created through isomerization, including Δ8-tetrahydrocannabinol and Δ10-tetrahydrocannabinol.
- Individually packaged hemp-derived or CBD food and beverage products must not contain more than 25mg of total cannabinoids per individually packaged product.
- Cannabinoid hemp product supplements must not exceed 3,000mg of total cannabinoids per product or 100mg per individual serving.
- cannabinoid hemp products with multiple servings per container that are not individually wrapped, premeasured, separated, or delineated, the product must include a measuring device such as a measuring cup, dropper, or otherwise with the package. Markings on the bottle do not count. THIS DOES NOT APPLY TO FLOWER.
- hemp-derived vapes must only use pharmaceutical grade ingredients except for the hemp extract (distillate) and the hemp-derived terpenes. All other plant terpenes must comply.
- hemp-derived vapes must not contain synthetic terpenes, nicotine, artificial coloring, polyethylene glycol (PEG), vitamin E acetate, MCT Oil, or any added flavoring
- Hemp flower must not be marketed for smoking.
- inhalable cannabinoid hemp products (vapes) and hemp flower cannot be marketed to anyone under the age of 21. All other cannabinoid hemp products may not be marketed to anyone under the age of 18.
- Hemp products must be packaged in tamper-evident packaging that minimizes oxygen and light exposure to prevent degradation of the product and cannabinoids.
- must include a warning on the label that this product may contain THC which could result in a failed drug test (excluding CBD isolate and Broad Spectrum CBD products)
- must include a warning stating on the label that smoking or vaporizing is hazardous to your health if the product is an inhalable cannabinoid hemp product.
- must have at least a 4.5 font size for all text on cannabinoid hemp product labels.
- must fall within 20% (plus and minus) of the label claim. (e.g., a 1000mg CBD tincture must have between 800mg and 1200mg CBD)
POTENTIAL FUTURE PRODUCT RESTRICTIONS
New York has stated in its Cannabinoid Hemp Regulations some potential future restrictions and labelling guidelines. These are not laws yet but may be at some point.
- “The office may through future regulation impose a total THC cap for the purpose of protecting public health, which shall include detectable levels of total Δ9-Tetrahydrocannabinol, Δ8-Tetrahydrocannabinol and Δ10-Tetrahydrocannabinol in milligrams per serving and milligrams per package for cannabinoid hemp products based on the product form, volume, number of servings, and ratio of CBD to THC;”
- Product labels must “include an office approved symbol, as set out in future regulation, in a manner that is clear and conspicuous.”
PRODUCT LABELLING
New York has several labelling requirements for hemp-derived products. Most of them are listed below and included in the Product Packaging and Labelling Checklist and in the MRTA Part 114: Cannabinoid Hemp Regulations in detail. You should read them and see the Part 114 Amendment located in the State Laws section above.
NY Cannabinoid Hemp Product Packaging and Labeling Checklist (PDF)
If you have any other questions about starting a hemp company in New York, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
North Carolina (NC)
North Carolina Hemp & CBD License Requirements
The Hemp Pilot Program recently came to an end in North Carolina. Therefore, all applications to grow hemp in North Carolina must be done through the USDA. Licensing is not required to manufacture, buy, sell, or distribute hemp-derived products including CBD and Delta 8 in North Carolina. The North Carolina Department of Agriculture & Consumer Services oversees Hemp-derived products. Although there is no license required to manufacture or sell hemp products, you may need to obtain a wholesale or retail food permit if you are manufacturing or selling food products. For more information, the NCDA’s Hemp FAQs page has a ton of information about hemp-derived products, delta 8, etc.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of North Carolina.
USDA Hemp Program
North Carolina Department of Agriculture and Consumer Services (NCDA)
North Carolina Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each North Carolina state hemp license and get links to apply online or download the application.
USDA Hemp Production License
North Carolina Hemp Processor License
North Carolina State Food Program
North Carolina Commercial Animal Feed and Pet Food Program
State Laws
North Carolina Hemp Plan
North Carolina does not currently have an approved hemp plan. Therefore, all industrial hemp producer (grower) licenses are obtained directly from the USDA.
General Statute, Chapter 106 Article 50E
Senate Bill 315 / SL 2020-18
NC General Statutes Chapter 106 - North Carolina General Assembly
N.C. HB 992: Industrial Hemp
N.C. SB 313: Industrial Hemp
North Carolina Food Code Manual Food Labeling 3‐602.11
If you have any other questions about starting a hemp company in North Carolina, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
North Dakota (ND)
North Dakota Hemp & CBD License Requirements
North Dakota requires a license for all farming activities. It does not require a license to manufacture, buy, sell, or distribute hemp-derived products like CBD or Delta 8 THC. However, if you manufacture hemp-infused food products such as gummies, you may need a food permit from the North Dakota Department of Health and Human Services.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of North Dakota.
North Dakota Department of Agriculture (NDDA)
North Dakota Department of Agriculture (NDDA) Hemp Program
NNDA CONTACT INFORMATION
North Dakota Department of Agriculture
600 E Boulevard Ave Dept 602
Bismarck, ND 58505-10020
(701) 328-2231
1-800-242-7535
Fax: 701.328.4567
Email: ndda@nd.gov
North Dakota Health & Human Services
North Dakota Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each North Dakota state hemp license and get links to apply online or download the application.
North Dakota Hemp Grower License
North Dakota Hemp Processor License
State Laws
North Dakota Hemp Plan
North Dakota Hemp Laws
HB 1349
Definitions
What is the definition of "hemp" in North Dakota?
“Hemp” means the plant cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration in an amount determined by the commissioner. The term does not include any commodity or product using hemp which exceeds the allowable amount of total tetrahydrocannabinol determined by the commissioner.
What is the definition of "Tetrahydrocannabinol" in North Dakota?
“Tetrahydrocannabinol” means delta-9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including: a. Delta-7 tetrahydrocannabinol; b. Delta-8 tetrahydrocannabinol; and c. Delta-10 tetrahydrocannabinol.
What is the definition of "Total tetrahydrocannabinol" in North Dakota?
“Total tetrahydrocannabinol” means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol.
If you have any other questions about starting a hemp company in North Dakota, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Ohio (OH)
Ohio Hemp & CBD License Requirements
Ohio requires a license to grow, process, or research hemp. The term “process” covers both Extracting and Hemp-derived Product Manufacturing so you will need to be licensed if you live in Ohio and want to manufacture CBD products there. You do not need a license to Buy, Sell, or Distribute hemp-derived products such as CBD and Delta 8 THC.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Ohio.
Ohio Department of Agriculture (ODA)
Ohio Department of Agriculture Division of Food Safety
Ohio Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Ohio state hemp license and get links to apply online or download the application.
Ohio Hemp Cultivation License
Ohio Hemp Processor License
In order to process hemp in Ohio, a processor must obtain a license from ODA. ODA inspects each hemp processing facility to ensure that the hemp products are in compliance with Ohio’s laws and rules.
A “hemp product” is any product, containing a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent, that is made with hemp. “Hemp product” includes hemp buds, flowers, cigarettes, cigars, shredded hemp, cosmetics, personal care products, dietary supplements or food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, and any other product containing one or more cannabinoids derived from hemp, including cannabidiol.
Licensed processors are required to test their finished products. For more information, on the testing process please see the Laboratory Testing and Analysis tab on this page.
For questions please contact the Food Safety Division at 614-728-6250.
Ohio State Food Permit
State Laws
Ohio Hemp Plan
SB 57
Chapter 928 | Hemp and Hemp Products
Chapter 901:14-2 | Fee Application and Processing
Food, Drug, and Cosmetic Law
Hemp Law
Ohio Food Laws
Definitions
What is the definition of "hemp" in Ohio?
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent on a dry weight basis.
What is the definition of "hemp product" in Ohio?
“Hemp product” means any product, containing a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent, that is made with hemp. “Hemp product” includes cosmetics, personal care products, dietary supplements or food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, and any other product containing one or more cannabinoids derived from hemp, including cannabidiol.
If you have any other questions about starting a hemp company in Ohio, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Oklahoma (OK)
Oklahoma Hemp & CBD License Requirements
In Ohio, you need a license to grow, process, and handle industrial hemp. The term “process” refers to extraction, not manufacturing. Therefore, it’s legal to manufacture, buy, sell, and distribute hemp-derived products. However, if you manufacture food products such as CBD gummies, you’ll need to register your manufacturing facility as a food establishment from the Oklahoma State Department of Health (OSDH) and abide by the rules set forth by the Oklahoma Medical Marijuana Authority (OMMA).
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Oklahoma.
Oklahoma Department of Agriculture, Food and Forestry (ODAFF)
Oklahoma State Department of Health (OSDH)
Oklahoma Medical Marijuana Authority (OMMA)
Oklahoma Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Oklahoma state hemp license and get links to apply online or download the application.
Oklahoma Hemp Grower License
Oklahoma Hemp Processor/Handler License
Oklahoma State Manufactured Food Permit
Oklahoma State Retail Food Establishment Permit
State Laws
Oklahoma Hemp Plan
Oklahoma Industrial Hemp Law and Rules
OMMA Rules
TITLE 310. OKLAHOMA STATE DEPARTMENT OF HEALTH CHAPTER 257. FOOD ESTABLISHMENTS
SB 868
SB 238
HB 2913
If you have any other questions about starting a hemp company in Oklahoma, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Oregon (OR)
Oregon Hemp & CBD License Requirements
Oregon requires licensing to grow and process (extract) hemp. It does not require licensing to manufacture or sell hemp-derived products unless you plan on selling them to marijuana dispensaries. There are two governing bodies, Oregon Department of Agriculture (ODA) and the Oregon Liquor and Cannabis Commission (OLCC). The ODA oversees hemp farming and processing (extractors) as well as lab testing standards. The OLCC is responsible for setting regulations such as the max THC levels, age purchase requirements, and synthetic cannabinoid market. They also oversee all hemp products that are sold through the marijuana market. This means, if you sell CBD products at your local smoke shop or directly to the consumers, you don’t have to be licensed. However, if you sell CBD products wholesale to a marijuana dispensary for resale to consumers, then you do have to obtain a license to sell to them as well as incorporate all product data into their tracking system.
Recently as of July 2022, Oregon added additional requirements for: Sales to Minors, Use of Synthetic or Lab-Created Cannabinoids, labelling and packaging for hemp vape products, and most notably limits on the amount of THC (mg) per serving and per container for hemp-derived gummies and edibles, tinctures, transdermal patches, and other products excluding those already mentioned and concentrates, topicals, smokable flower, and vapes as follows:
CHANGES TO HEMP PRODUCTS in Oregon – EFFECTIVE JULY 1, 2022
In 2021, the Oregon Legislature passed House Bill 3000 and Senate Bill 96, which directed OLCC to set limits on THC and synthetic cannabis derivatives in hemp products and regulate hemp vape products.
These changes impact any business that sells cannabinoid hemp and CBD products to Oregon consumers, except for OLCC-licensed marijuana retailers. This includes grocery and convenience stores, smoke shops, and CBD stores in Oregon, as well as online vendors selling to Oregon consumers.
Oregon’s overview of changes to hemp products – effective July 1, 2022
New limits on THC content in hemp products
- For sale to adults (21 and over): (for a complete list of limits, see OAR 845-026-0400, Table 3)
- Hemp edibles are limited to 2 mg THC per serving and 20 mg THC per container.
- Hemp tinctures are limited to 100 mg THC per container.
- There are no changes to THC limits for topicals, vape products, and joints.
- All hemp products are still limited to no more than 0.3% THC.
- For sale to minors: Hemp products sold to minors still must contain less than 0.5 mg THC.
Hemp vape products: Any hemp vape products sold on and after July 1, 2022 must have an OLCC approved label or compliant generic label. The label will include the Oregon hemp symbol, the amount of THC and CBD in the product in milligrams, the manufacturer’s name, and required warning language. If the product contains any non-cannabis ingredients, those ingredients must also be disclosed.
CBD and cannabinoid hemp products: To sell any CBD or other cannabinoid hemp products, you are required to have a copy of the lab testing results for the product (OAR 603-048-1500). The lab results will include information about THC concentration, but some math may be needed to confirm how much THC is in the product. More information can be found on the OLCC’s cannabis website.
Artificially derived cannabinoids: Hemp products can only contain cannabinoids that were extracted from hemp. They cannot contain any synthetic derivatives created from hemp. Artificially derived cannabinoids are usually listed on the label but are often not identified as being artificially derived. Substances that are often made artificially include: Delta-8-THC, THCO, HHC, and CBN. Check with the manufacturer to find out if their products are made using artificially derived cannabinoids.
Hemp products cannot contain any synthetic cannabis derivatives. Common examples of substances that are often made synthetically include Delta-8-THC, THCO, HHC, and CBN.
New testing and labeling requirements for hemp vapes. All hemp vapes must have an OLCC-compliant label and must have passed compliance testing with an OLCC-licensed lab.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Oregon.
Oregon Department of Agriculture (ODA)
Oregon Liquor and Cannabis Commission (OLCC)
Oregon Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Oregon state hemp license and get links to apply online or download the application.
Oregon Hemp Grower License
Oregon Hemp Handler License
State Laws
Oregon Hemp Plan
Chapter 475C - Cannabis Regulation
OLCC Administrative Rules - Chapter 845
Adult Use Cannabis and Hemp Concentration Limits - Chapter 845 - Division 26
Oregon Hemp Laws and Rules
Resources
Frequently Asked Questions
FAQs about Hemp in the OLCC Market
FAQs about Hemp in the Oregon General Market
Packaging and Labeling
OLCC Hemp Packaging & Labeling Guide
New Oregon Hemp Symbol Required on hemp-derived products in Oregon
If you have any other questions about starting a hemp company in Oregon, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Pennsylvania (PA)
Pennsylvania Hemp & CBD License Requirements
Pennsylvania does not require licensing to buy, sell, and distribute CBD products. You will, however, need a hemp license to grow hemp. The governing authority on hemp is mainly the Department of Agriculture who oversees cultivation and processing (extraction & distribution of extracts and concentrates) as well as testing standards. Manufacturing CBD products may or may not require a license depending on the product type. All hemp-derived food or ingestible products such as CBD oil or Delta 8 Gummies require a manufacturing facility to obtain a Food Establishment license from the PDA’s Bureau of Food Safety. Whereas, products such as Vapes, CBD Topicals, and other non-ingestible hemp products do not require a license to make.
✔️ Manufacture: non-ingestible products
➖ Manufacture: ingestible products (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Pennsylvania.
Pennsylvania Department of Agriculture (PDA)
PDA's Bureau of Food Safety
Pennsylvania Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Pennsylvania state hemp license and get links to apply online or download the application.
Pennsylvania Hemp Growing Permit
Pennsylvania Hemp Growing Permit
PA Hemp Permit Application Instructions
CHECKLIST FOR THE PA HEMP PERMIT APPLICATION
Complete permit application on PA Plants or complete Pennsylvania Hemp Permit Application & Renewal Form (PDF)
Pennsylvania Hemp Processing Permit
Pennsylvania Hemp Processing Permit
PA Hemp Permit Application Instructions
CHECKLIST FOR THE PA HEMP PERMIT APPLICATION
Complete permit application on PA Plants or complete Pennsylvania Hemp Permit Application & Renewal Form (PDF)
Pennsylvania FOOD PROCESSING/WAREHOUSE FACILITIES
Pennsylvania FOOD ESTABLISHMENT PERMIT
State Laws
Pennsylvania Hemp Plan
General Permit Standards and Requirements for Hemp
FOOD PROCESSING AND MANUFACTURING REFERENCE SHEET
2016 Act 92
If you have any other questions about starting a hemp company in Pennsylvania, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Rhode Island (RI)
Rhode Island Hemp & CBD License Requirements
Rhode Island has an extensive cannabis program with 2 governing bodies, 6 different licenses, and an entire list of labelling requirements. You’ll need a license to grow hemp, process hemp into extracts, manufacture and sell both hemp-derived consumable and vape products. The only thing you do not need is a license for it to sell CBD topicals. The good news is all the information and links you’ll need are below.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
➖ Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Rhode Island.
State of Rhode Island Department of Business Regulation (DBR)
State of Rhode Island Department of Business Regulation
DBR OCR Industrial Hemp Program
RI Industrial Hemp Program Frequently Asked Questions
Rhode Island Department of Health (RIDOH)
Rhode Island Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Rhode Island state hemp license and get links to apply online or download the application.
Business Type – License Needed
- Growers – Hemp Grower License
- Extractors – Hemp Handler License
- Hemp-derived Product Manufacturers – Hemp Handler License
- Hemp-derived Product Distributor – Hemp Derived Consumable CBD Distributor License
- Retail Stores Selling Ingestible Hemp-derived Products – Hemp-Derived Consumable CBD Retailer License
- Retail Stores Selling Topical Hemp-derived Products – no license needed.
Rhode Island Industrial Hemp Grower License
Rhode Island Industrial Hemp Handler License
Rhode Island Hemp Derived Consumable CBD Distributor License
Rhode Island Hemp Derived Consumable CBD Retailer License
Rhode Island Electronic Nicotine-Delivery System Manufacturer License (Vapes)
Rhode Island Electronic Nicotine-Delivery System Distributor License (Vapes)
Rhode Island Electronic Nicotine-Delivery System Retailer License (Vapes)
State Laws
Rhode Island Hemp Plan
Rhode Island Industrial Hemp Program
Rhode Island Hemp Growth Act
Resources
Immediate Small Container Requirements
If the immediate container holding the hemp-derived consumable CBD product is too small to fit all the required label information, a licensee may put at a minimum the following information on a label that is securely affixed to the small container:
- Universal Symbol at least 0.48 inches wide by 0.35 inches tall
- THC/CBD content
- Tradename of the seller of the product and/or license number
- Unique Identifier
- Serving size and Servings per container’
- “Warning: This product is not certified to be free of contaminants, is derived from industrial hemp, is not medical marijuana, and has not been analyzed or approved by the FDA.”
*The warning must be a label affixed to the package or an insert provided with the packaging.
What types of products are required to adhere to these rules and regulations?
Products intended to or marketed to be consumed orally by a human or animal must be packaged and labeled in accordance with 230-RICR-80-10-1.
Specific product types include but are not limited to:
- Capsules
- Gummies
- Baked Good
- Drinks/Beverages
- Tinctures
What type of packaging do I need to put my product in?
Packaging must:
- Be opaque and light resistant.
- Fully enclose the product
- Protect the product from contamination.
- Be Child-Resistant; and
- Not impart any toxic or deleterious substance to the hemp product.
What information does my packaging need to include on it?
Packaging must be labeled with:
- The business(es) or tradename(s) and license number(s) of the licensee(s) who produced the product.
- The business or tradename and license number of the licensee selling the product.
- Unique identifier
- Total weight in ounces and grams or volume as appropriate.
- Total contents of THC and CBD must be stated per serving unit and per package in milligrams (mgs) as determined by an approved testing facility and in font larger than size 6, bolded, underlined and in red, to stand out from surrounding text to the consumer.
- The serving size.
- The number of servings per package
- If solvents were used in production, it must include a statement that discloses the type of extraction method, including any solvents, gases, or other chemicals or compounds used to produce or that are added to the extract.
- Any applicable instructions for use and safe storage; and
- A DBR-selected universal symbol must appear on the front or the most predominantly displayed area of the package, no smaller than one inch (1”) by one inch (1”).
What is the required Universal Symbol?
- The required universal symbol must appear on the front or the most predominantly displayed area of the package.
- The required universal symbol must be no smaller than one inch (1”) by one inch (1”).
What is not permitted on my packaging?
Packaging/designs/labeling cannot display:
- Any medical claims
- Anything that reasonably appears to target individuals under the age of twenty-one (21), including but not limited to:
- Use of animal characters,
- Toys,
- Cartoon characters or
- Similar images.
- Any false or misleading statements including false or misleading statements regarding health or physical benefits or as to the composition and profiles.
- Any seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any reasonably prudent person to believe that the product has been endorsed, produced, or manufactured by the State of Rhode Island or any agency thereof or municipality within
- Images of children or minors
- Words, designs or brands that resemble a product that is commonly associated with children or minors or marketed to children or minors.
- Symbols or celebrities that are commonly used to market products to minors.
- Words or any reference to “candy” or “candies.”
If you have any other questions about starting a hemp company in Rhode Island, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
South Carolina (SC)
South Carolina Hemp & CBD License Requirements
South Carolina requires a license for Growing Hemp, 3 different licenses for Processing Hemp, and another for Handling Hemp which includes transport, storage, and brokering hemp biomass and other raw materials. You do not need a license to manufacture, buy, or sell CBD and other hemp-derived products. However, South Carolina does have some manufacturing restrictions. You are not allowed to manufacture hemp-derived food products in the state. This does not ban other states from shipping products like CBD or Delta 8 Gummies for sale into the state.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of South Carolina.
South Carolina Department of Agriculture (SCDA)
South Carolina Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each South Carolina state hemp license and get links to apply online or download the application.
South Carolina Hemp Farming Permit
South Carolina Hemp Processor Permit
South Carolina Hemp Processor Permit Information and Application
Those seeking to process hemp in South Carolina must obtain a South Carolina Dealer and Handler License (NOT a Hemp Handler Permit) and a South Carolina Weighmaster License as well as a Hemp Processor Permit. Separate fees and requirements apply.
South Carolina Hemp Handler Permit
South Carolina Hemp Handler Permit Information and Application
There are several categories of Permitted Hemp Handler:
- Warehouse/Storage/Drying Facility
- Transporter
- Laboratory
- Seed Dealer/Supplier
- Other (Broker, R&D, Sales Rep)
South Carolina Dealer and Handler License
South Carolina Dealer and Handler License
Those seeking to process hemp in South Carolina must obtain a South Carolina Dealer and Handler License (NOT a Hemp Handler Permit) and a South Carolina Weighmaster License as well as a Hemp Processor Permit. Separate fees and requirements apply.
South Carolina Weighmaster License
South Carolina Weighmaster License
Those seeking to process hemp in South Carolina must obtain a South Carolina Dealer and Handler License (NOT a Hemp Handler Permit) and a South Carolina Weighmaster License as well as a Hemp Processor Permit. Separate fees and requirements apply.
State Laws
South Carolina Hemp Plan
Resources
If you have any other questions about starting a hemp company in South Carolina, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
South Dakota (SD)
South Dakota Hemp & CBD License Requirements
Licenses are required to Grow or Process industrial hemp. Licenses are not required to manufacture or sell hemp-derived CBD and THC products in South Dakota. Smokeable industrial hemp is illegal and comes with a misdemeanor charge.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of South Dakota.
South Dakota Department of Agriculture & Natural Resources
South Dakota Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each South Dakota state hemp license and get links to apply online or download the application.
South Dakota Industrial Hemp License (Growers or Processors)
State Laws
South Dakota Hemp Plan
Chapter 38-35 INDUSTRIAL HEMP
House Bill 1292 - Delta 8 21+
This bill requires any sale or use of psychoactive cannabinoid products such as Delta 8, HHC, or THCo unlawful for anyone under the age of 21 years old.
If you have any other questions about starting a hemp company in South Dakota, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Tennessee (TN)
Tennessee Hemp & CBD License Requirements
Tennessee does not require a license to buy or sell hemp-derived products like CBD or Delta 8. It requires licensing for growing hemp and transporting hemp. Processing hemp (extraction) into concentrates also does not require a license. However, manufacturing products into food products for human consumption does require the manufacturing facility to be licensed as a food manufacturing facility through the TDA Food and Dairy Section. Products such as Flower and Topicals do not need a license.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Tennessee.
Tennessee Department of Agriculture (TDA)
Tennessee Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Tennessee state hemp license and get links to apply online or download the application.
Tennessee Hemp Producer License
Tennessee Hemp Movement Permit
Tennessee Food Manufacturing Facility Registration
Tennessee Food Manufacturing Facility Registration
Obtaining a TDA Food Manufacturing Permit
Starting a Food Manufacturing Business in TN
State Laws
Tennessee Hemp Plan
Tennessee Hemp Rules and Regulations
Hemp Rules Chapter 0080-06-28
TN Statutory Authority - HEMP
Rules of the Tennessee Department of Agriculture
If you have any other questions about starting a hemp company in Tennessee, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Texas (TX)
Texas Hemp & CBD License Requirements
Texas has two governing bodies overseeing hemp. First the Texas Department of Agriculture (TDA) oversees hemp growers and processors through their Industrial Hemp Program. The other Texas government body is the Texas Department of Health and Human Services through their Consumable Hemp Program. Licensing for the Consumable Hemp Program can be obtained at the Texas Department of Texas Department of State Health Services Business and Professional Licenses webpage.
You’re required to obtain a license to manufacture or sell ingestible, consumable, and topical products. There are two types of licenses depending on your business.
1. DSHS Retail Hemp Registration
This license is required if you resell other Brand’s products either in your brick-and-mortar store located in Texas or online while you live in Texas.
2. Consumable Hemp Product License
This license is required if you are a brand owner selling to consumers, resellers, or distributors, or a wholesaler selling bulk hemp-derived products (either your brand or other company’s products) and sell to other stores, not to consumers. This includes products that you manufacture, products private labelled by another manufacturer, products that are repackaged or the label changed or added, and consumable hemp products sold in bulk wholesale to resellers.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
➖ Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Texas.
Texas Department of Agriculture (TDA)
Texas Department of Health and Human Services
Texas Department of State Health Services (DSHS)
Texas Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Texas state hemp license and get links to apply online or download the application.
Texas Hemp Producer License
Texas Hemp Handler License
Texas Hemp Processor Registration
DSHS Retail Hemp Registration
DSHS Retail Hemp Registration
DSHS Business and Professional Licenses
This license is required if you resell other Brand’s products either in your brick-and-mortar store located in Texas or online while you live in Texas.
Texas Consumable Hemp Product License
Consumable Hemp Product License Applicaton
DSHS Business and Professional Licenses
This license is required if you are a brand owner selling to consumers, resellers, or distributors, or a wholesaler selling bulk hemp-derived products (either your brand or other company’s products) and sell to other stores, not to consumers. This includes products that you manufacture, products private labelled by another manufacturer, products that are repackaged or the label changed or added, and consumable hemp products sold in bulk wholesale to resellers.
Consumable Hemp Product License Registration Guide
Online Licensing Services & Applications
DSHS Consumable Hemp Product License Process
A DSHS Consumable Hemp Product License is required if:
- CHPs are manufactured. Manufacturing includes the following activities: preparing, compounding, processing, packaging, repackaging, labeling and relabeling.
- The retailer white labels or private labels the CHPs, which is when a business places its own label (name and address) on a product physically manufactured by another business.
- The retailer repackages CHPs, labels a container of CHPs, or relabels a container of CHPs.
- CHPs are sold in wholesale.
State Laws
Texas Hemp Plan
Texas Compassionate Use Act
SB 1240
HB 1325
Texas Administrative Code
Texas Health and Safety Code
Texas Administrative Code CHP Definitions
Texas CBD and Hemp-Derived Product Laws
Resources
What is Texas' view on Delta 8?
Delta-8 in Texas
Note A lawsuit is currently underway to determine the legal status of Delta-8 in Texas.
Consumable hemp products with less than 0.3% Delta-9 tetrahydrocannabinol THC are permitted under Chapter 443 of the Texas Health & Safety Code. The Texas Department of State Health Services recently updated its consumable hemp program guidance to clarify that Delta-8 is not legal by classifying Delta-8 as a Schedule I controlled substance:
Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances.
However, a temporary injunction has removed Delta-8 from the list of controlled substances while the case proceeds.
Delta-8 tetrahydrocannabinol (also called Delta-8 THC or Delta-8) is a substance derived from the cannabis plant. It is similar to Delta-9 tetrahydrocannabinol (THC), the psychoactive compound in marijuana. Delta-8 is typically made from CBD derived from low-THC hemp.
Delta-8 falls under “tetrahydrocannabinols” listed as number 31 in the list of Schedule I controlled substances. The DSHS Commissioner adds a substance to the Schedule I controlled substances list if it has:
- “a high potential for abuse” and
- “no accepted medical use” or “lacks accepted safety use in treatment”
The designation for Schedule I substances is in Section 481.035 of the Texas Health & Safety Code. Offenses and penalties related to the possession or manufacture of controlled substances are found in Chapter 481, Subchapter D of the Texas Health & Safety Code.
Delta-8 may be viewed differently at the federal level. In August of 2020, the federal Drug Enforcement Agency updated its scheduling regulations to remove hemp from the list of controlled substances, provided it has less than 0.3% Delta-9 tetrahydrocannabinol THC by dry weight. The DEA made the changes in order to adhere to the Agriculture Improvement Act of 2018 (also called the 2018 Farm Bill). These changes may make other types of tetrahydrocannabinols (THC) like Delta-8 legal under federal law.
According to an article in the Houston Chronicle, “Any time the DEA changes its rules on controlled substances, individual states are allowed to choose whether or not to adopt the changes or stick with their existing rules.” Texas chose not to adopt the federal rules to legalize Delta-8.
If you have any other questions about starting a hemp company in Texas, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Utah (UT)
Utah Hemp & CBD License Requirements
Utah has some very specific product regulations and a thorough licensing program. Most hemp-derived products are allowed. However, the following products have specifically been banned.
Recently, Utah has regulated the Total THC Content. The total of all THC and THC isomers cannot exceed 10% of the total cannabinoid content. This means you cannot sell Delta 8 Vapes and a 25mg Delta 8 Gummy needs to also have at least 226mg of other cannabinoids like CBD.
Product types that are NOT allowed in Utah
- Smokeable flower
- Cannot be considered appealing to children.
- Cannot be added to conventional food or beverages.
- Gummies are allowed as an exception if they are not shaped like characters/animals (See appealing to children)
- Cannot contain a combined concentration of total THC and any allowed THC analog of more than 0.3% on a dry weight basis see R-68-26 for details
- After December 1, 2022, cannot contain a combined amount of total THC and any THC analog that exceeds 10% of the total cannabinoid content.
What THC and THC Analogs are included in the Total THC allowed?
- The state considers the following compounds as part of the total THC allowable in a product
- Δ9 THC
- Δ9 THCA
- Δ8 THC
- Δ8 THCA
What other cannabinoids are allowed?
- The state allows the following additional cannabinoid in products with no current limits in place.
- CBC
- CBL
- CBD
- CBDV
- CBE
- CBG
- CBGV
- CBN
- CBV
- THCV
The following compounds are considered adulterants and are not allowed in any amounts.
- THC-O Acetate
- HHC
- EXO-THC
- THCP
- ANY other THC analogs not specifically identified above.
Utah Hemp & CBD Licenses
There are 3 types of licenses you may need to cultivate, manufacture, package, extract, broker, sell, wholesale, or distribute in Utah.
- Industrial Hemp Product Registration
- Hemp Retail Permits
- Industrial Hemp Processor License
There are now 4 tiers of processing.
- Tier 1 = processing from extraction to products
- Tier 2 = Extraction for biomass
- Tier 3 = White labeling and packaging
- Tier 4 = Brokers/wholesalers/distributors
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
➖ Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Utah.
Utah Department of Agriculture and Food (UDAF)
UDAF Industrial Hemp and Medical Cannabis Division
Utah Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Utah state hemp license and get links to apply online or download the application.
USDA Hemp Production License
Utah Industrial Hemp Processor License
Utah Industrial Hemp Processor License
There are now 4 tiers of processing:
- Tier 1 = processing from extraction to products
- Tier 2 = Extraction for biomass
- Tier 3 = Whitelabeling and packaging
- Tier 4 = Brokers/wholesalers/distributors
Utah Hemp Retail Permit
Utah State Industrial Hemp Product Registration
State Laws
Utah Hemp Plan
Utah does not currently have an approved hemp plan. Therefore, all industrial hemp producer (grower) licenses are obtained directly from the USDA.
Utah Industrial Hemp Laws and Rules
Utah HEMP AND CANNABINOID ACT AMENDMENTS
Utah Code 4-41
Utah Administrative Rule R68-25
Utah Administrative Rule R68-25
Utah Code Chapter 4-41 hemp and Cannabinoid Act
SB 105
R68-26. Industrial Hemp Product Registration and Labeling.
If you have any other questions about starting a hemp company in Utah, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Vermont (VT)
Vermont Hemp & CBD License Requirements
Vermont hemp is regulated by the USDA and the Vermont Agency of Agriculture, Food & Markets (VAAFM) which is a division of the Vermont Public Health and Agricultural Resource Management.
As of December 31, 2022, the Vermont Agency of Agriculture, Food and Markets’ Hemp Program is no longer accepting registrations to either grow or process hemp in the state of Vermont. Individuals that would like to grow hemp in 2023 must apply to the USDA directly.
All hemp-derived products are legal except any made using synthetically derived cannabinoids. The state has put out an article claiming that Delta 8 is synthetically derived, but that in my opinion, is incorrect or in the very least, impossible to prove. Their written law however, only states “A processor shall not use synthetic cannabinoids in the production of any hemp product or hemp-infused product.”. In other states where this type of debate has occurred, delta 8 THC products are openly sold almost everywhere.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Vermont.
Vermont Agency of Agriculture, Food & Markets (VAAFM)
Vermont Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Vermont state hemp license and get links to apply online or download the application.
USDA Industrial Hemp Production License (Growers & Processors)
USDA Industrial Hemp Production License
As of 2023, Vermont hemp growers need to obtain a license directly through the USDA using the HeMP eRegistration Portal as part of the AMS Domestic Hemp Production Program.
USDA Hemp eManagement Platform (HeMP) User Guide for USDA Licensed Producers
Vermont Hemp Program Processor Registration Frequently Asked Questions (PDF)
Does a retail establishment need to register to sell hemp products or hemp-infused products?
No, a retail establishment selling hemp products or hemp-infused products is not required to register with the hemp program.
Vermont Animal Feed (Pet Treats) Product Registration Permit
State Laws
Vermont Hemp Plan
Vermont Hemp Statute Title 6 Chapter 34 HEMP
Vermont Hemp Rules (Effective May 21, 2020)
Act 143 effective July 1, 2018, (Amendments to Chapter 34)
Act 143 effective July 1, 2018, (Amendments to Chapter 34)
Frequently Asked Legal Questions & Answers for Vermont Hemp Growers
Resources
If you have any other questions about starting a hemp company in Vermont, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Virginia (VA)
Virginia Hemp & CBD License Requirements
Virginia requires licensing to grow industrial hemp, sell unprocessed hemp biomass, extract hemp into concentrates and extracts, and process (manufacture) hemp products. Licenses can be obtained from the Virginia Department of Agriculture and Consumer Services (VDACS). If you manufacture food products or extract hemp into concentrates, your facility will need to be licensed as a Commercial Kitchen Food Processing facility. No licensed is required to sell CBD or other hemp-derived products.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Virginia.
Virginia Department of Agriculture and Consumer Services (VDACS)
Virginia Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Virginia state hemp license and get links to apply online or download the application.
Virginia Industrial Hemp Grower License
“Grower” means any person registered pursuant to subsection A of Va. Code § 3.2-4115 to plant, cultivate, or harvest industrial hemp. The application fee for an Industrial Hemp Grower Registration is $150.
Industrial Hemp Registrations are annual registrations that expire one year from the date of issuance. There is no deadline to apply; however, the process to review applications and issue Industrial Hemp Grower, Processor, and Dealer Registrations is taking approximately 45 days.
Before you apply for an Industrial Hemp Grower Registration or the Industrial Hemp Grower Supplemental Application, you will need to obtain an FBI Identity History Summary. The FBI Identity History Summary you submit to VDACS may not be dated more than 60 days before the date of your application. If a business entity holds or will hold an Industrial Hemp Grower Registration, all key participants in the business must obtain an FBI Identity History Summary. A “key participant” is a sole proprietor; each partner in a partnership; or each person with executive managerial control in a corporation, including the chief executive officer, the chief operating officer, and the chief financial officer.
Virginia Industrial Hemp Grower Registration
- Know Before you Grow (pdf) – A quick guide to growing industrial hemp under the new federal hemp production rules and VDACS’s Plan to Regulate Hemp Production in the Commonwealth
- Obtaining your FBI Identity History Summary (pdf) (growers only)
- VA Industrial Hemp Grower Registration Application (pdf)
- Obtaining the coordinates for your industrial hemp lot(s) (pdf)
- Find a Trained Sampling Agent (pdf)
- Find a VDACS-approved Testing Laboratory (pdf)
Virginia Industrial Hemp Processor License
“Processor” means any person registered pursuant to subsection A of Va. Code § 3.2-4115 to convert industrial hemp into a hemp product. “Hemp product” means any finished product that contains industrial hemp, including rope, building materials, automobile parts, animal bedding, animal feed, cosmetics, oil containing an industrial hemp extract, or food or food additives for human consumption.
To apply for an Industrial Hemp Processor Registration or to renew your Industrial Hemp Processor Registration, complete the application below. The application fee is $200.
VA INDUSTRIAL HEMP PROCESSOR REGISTRATION APPLICATION
VA Industrial Hemp Processor Food & Safety Letter
Virginia Industrial Hemp Processor Registration Guide
Registered Industrial Hemp Processor Agent
A Registered Industrial Hemp Processor may wish to provide an “Agent Documentation” form to each person you intend to serve as your agent for the limited purpose of processing industrial hemp. You do not need to submit this form to VDACS.
Virginia Industrial Hemp Dealer License
“Dealer” means any person registered pursuant to subsection A of Va. Code § 3.2-4115 to deal in industrial hemp. “Dealer” does not include a retail establishment that sells or offers for sale a hemp product. An industrial hemp registration is not needed to sell a hemp product.
“Deal” means to temporarily possess industrial hemp grown in compliance with state or federal law that (i) has not been processed and (ii) was not grown and will not be processed by the person temporarily possessing it.
To apply for an Industrial Hemp Dealer Registration or to renew your Industrial Hemp Dealer Registration, complete the application below. The application fee is $250.
VA Industrial Hemp Dealer Registration Application (pdf)
VA Registered Industrial Hemp Dealer Agent
A Registered Industrial Hemp Dealer may wish to provide an “Agent Documentation” form to each person you intend to serve as your agent for the limited purpose of dealing industrial hemp. You do not need to submit this form to VDACS.
Virginia Manufacturer of a Hemp-Derived Extract Intended for Human Consumption
VA Manufacturer of an Industrial Hemp-Derived Extract Intended for Human Consumption Application
VA Industrial Hemp-Derived Extract Processing Operation Guide
If your hemp product is intended for human consumption:
On July 15, 2019, the Commissioner of Agriculture and Consumer Services advised Registered Industrial Hemp Processors that the Northam Administration has directed VDACS to treat hemp-derived extracts intended for human consumption as approved food additives and to place qualifying Registered Industrial Hemp Processors under food safety inspection so that inspected and approved processors may manufacture a hemp-derived extract intended for human consumption.
Registered Industrial Hemp Processors who plan to produce a hemp-derived extract intended for human consumption should review VDACS’s Food Safety Program’s letter dated July 25, 2019, outlining the current policy directives and submit an application to operate as a Virginia Manufacturer of a Hemp-Derived Extract Intended for Human Consumption. Please contact VDACS’s Food Safety Program for additional information.
If your intended hemp-derived product is not an extract but is intended for human consumption, please contact VDACS’s Food Safety Program for additional information.
Please note that the requirements in Virginia’s Food and Drink Law do not pertain to the production or sale of topical products.
Virginia State VDACS's Food Safety Program
State Laws
VA Approved Hemp Plan (pdf)
SB 918 Industrial hemp extract
Chapter 595. Regulations Governing the Manufacturing and Sale of Products that Contain Industrial Hemp Extracts Intended for Human Consumption
Definitions
What is the definition of "Processor" in Virginia?
“Processor” means any person registered pursuant to subsection A of Va. Code § 3.2-4115 to convert industrial hemp into a hemp product. “Hemp product” means any finished product that contains industrial hemp, including rope, building materials, automobile parts, animal bedding, animal feed, cosmetics, oil containing an industrial hemp extract, or food or food additives for human consumption.
What is the definition of "Total delta-9 tetrahydrocannabinol concentration" in Virginia?
“Total delta-9 tetrahydrocannabinol concentration” means the post-decarboxylation delta-9 tetrahydrocannabinol concentration, which can be determined using the following equation: [delta-9 tetrahydrocannabinol] + (0.877 x [tetrahydrocannabinolic acid]).
Labelling Requirements
The budget recently passed by the General Assembly and signed by the Governor includes additional labeling requirements in the Virginia Food and Drink Law for those industrial hemp extracts that contain any amount of THC. These regulations went into effect on August 15, 2022, and require the following additional labeling requirements for such industrial hemp extract or food containing such industrial hemp extract:
- The label must state that the extract or food contains THC and may not be sold to any person under the age of 21.
- The label must list all ingredients included in the extract or food.
- The label must include the amount of the extract or food that constitutes a single serving.
- The label must contain the total percentage and milligrams of THC included in the extract or food and the number of milligrams of THC that are contained in each serving.
Please note the budget also includes new provisions of the Virginia Consumer Protection Act (VCPA) that are intended to inform adult consumers about the THC-containing products they are purchasing and help prevent children from consuming potentially intoxicating products.
Businesses may not offer for sale or sell an edible or inhaled product that contains THC to a person younger than 21. Additionally, businesses may not sell or offer for sale at retail an edible or inhaled product that contains THC unless the product is packaged and labeled as required by the VCPA. Businesses may not offer for sale or sell an edible or inhaled product that contains THC in a package that mimics a trademarked brand or other famous or identifying mark. Additionally, the VPCA prohibits businesses from manufacturing, offering for sale at retail, or selling at retail a food containing an industrial hemp extract or substance containing THC that depicts or is in the shape of a human, animal, vehicle, or fruit. The Office of the Attorney General is the agency authorized to address violations of the VCPA.
If you have any other questions about starting a hemp company in Virginia, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Washington (WA)
Washington State Hemp & CBD License Requirements
Washington State has several mandated licensing requirements as well as optional certifications. There are two governing bodies in Washington when related to industrial hemp products: The Washington State Department of Agriculture (WSDA) and the Department of Revenue (DOR), There are two types of industrial hemp licenses offered by the WSDA. First, a Hemp Producers License is required if you grow or cultivate industrial hemp. Next, a Hemp Processor License is required if you process industrial hemp into concentrates (extraction) which will eventually be used in products or for human consumption or make finished hemp-infused products using hemp or hemp extracts. A “Hemp Processor” is a person who uses raw hemp material (flower, biomass) to extract/modify, manufacture into products, package, or sell either a transitional (extracts, distillate, concentrates) or finished hemp product such as a CBD Tincture or CBD Lotion. To sell hemp-derived products to consumers, you will not need a license from the WSDA. However, you will need to obtain a business license from the Department of Revenue (DOR).
Washington does not allow CBD and other cannabinoids to be used in Food Products so no Delta 8 Cookies guys. They have not specified whether gummies are considered food, but I believe if they allow ingestible tinctures, then gummies should be fine.
Some manufacturers in Washington are permitted to make cannabinoid-infused hemp products for sale in other states where hemp-infused food products are allowed. To comply with most state laws, Washington has created a voluntary Hemp & Hemp Extract Certification which you can receive by registering your manufacturing facility.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
➖ Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Washington.
Washington State Department of Agriculture (WSDA)
Washington State Department of Agriculture (WSDA)
Who is the Department’s contact for this program?
Jessica Allenton
Assistant Director- Commodity Inspection Division
Washington State Department of Agriculture
(360) 902-1828
Jallenton@agr.wa.gov
Trecia Ehrlich
Hemp Program Manager – Commodity Inspection Division
360-584-3711
Washington State Department of Revenue (DOR)
Washington State Department of Revenue (DOR)
Washington State Department of Revenue (DOR) Login
Washington State Department of Revenue & Industrial Hemp Program Questions and Answers (PDF)
Do I need to Register with Department of Revenue and obtain a business license to participate in the industrial hemp research project?
Answer: It depends on the activities you will conduct in Washington. In general, industrial hemp is an agricultural product, therefore, persons who grow industrial hemp qualify as farmers.
- If you intend to only grow (no processing) and wholesale industrial hemp (sell to someone who will resell the industrial hemp) then you are not required to register with the Department of Revenue or obtain a business license. Your income from these activities is exempt from business and occupation (B&O) tax under RCW 82.04.330.
- If you intend to process industrial hemp and you estimate that you will make more than $12,000 per year, then you are required to register with the Department of Revenue and Obtain a business license.
- If you intend to make retail sales of industrial hemp (sales to end consumers), then you are required to register with the Department of Revenue and obtain a business license because these sales are subject to retail sales tax and the B&O tax under the retailing classification.
Washington Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Washington state hemp license and get links to apply online or download the application.
Washington State DOR Business License
A business license can be obtained by completing a Business License Application.
Apply for a Washington State DOR Business License
Washington State DOR Business Licensing Wizard
Download Washington State DOR Business License Application
Washington Hemp Producer License
Washington Industrial Hemp Processors
DOES THE NEW WA STATE HEMP PROGRAM LICENSE PROCESSORS?
The WSDA Hemp Program will only license Hemp Farmer’s in the new 2020 program. Our state law (RCW 15.140.060) says: “The department must issue hemp producer licenses to applicants qualified under this chapter and the agriculture improvement act of 2018. The department may adopt rules pursuant to this chapter and chapter 34.05 RCW as necessary to license persons to grow hemp under a commercial hemp program.”
No agency in the state of Washington has regulatory authority over Hemp processors. The only authority is for Food Processing, and you will require a license through the WSDA Food Safety division. There is also a license issued by WSDA to protect state farmers, the permit is issued by the Merchant Commission Act Licensing Program.
However, Processors may volunteer to register their business and facilities per WAC 16-306-055. Complete and submit
this registration by mail or email to hemp@agr.wa.gov and send the nonrefundable $1200 registration fee by
check or money order to: Washington State Department of Agriculture
Hemp Program
PO Box 42591
Olympia, WA 98504-2591
Washington State Hemp Processor Registration Application
HEMP AND HEMP EXTRACT CERTIFICATION
On November 30, 2021, the department filed a CR-103E to establish an emergency hemp extract certification process to allow for hemp extract manufacturers’ products to be used in states that allow its use in food.
This voluntary certification will enable Washington state hemp processors to comply with other states and countries requirements where hemp extracts intended for use in consumable products must be sourced from a state that regulates hemp extract under as food safety program. This emergency rule will stay in effect until the date below or until a permanent rule can be adopted.
Washington State Hemp Extract Facility Certificate Application (PDF)
Washington State Food Safety Program
If you manufacture hemp-derived edible products such as gummies, you may need to register your facility as a Food Establishment.
For assistance:
Email: foodsafety@agr.wa.gov
Phone: (360) 902-1876
Commission Merchants Act Licensing Program
Commission Merchants Act Licensing Program is for buyers, sellers, and brokers or industrial hemp such as biomass.
The purpose of the Commission Merchants Act is to protect producers, buyers, and sellers of agricultural products against illegal practices. Any individuals and businesses who receive on consignment, take possession or control of, or act as brokers in the resale or processing of unprocessed agricultural products require licensing. This includes out of state processors who contract directly with Washington state producers.
For assistance:
Patrick Ditter
Email: pditter@agr.wa.gov
Phone: (509) 249-6961
Phil Posada
Email: pposada@agr.wa.gov
Phone (509) 249-6962
Karen Sanders
Email: ksanders@agr.wa.gov
Phone: (360) 902-1857
State Laws
WA Approved Hemp Plan (pdf)
Washington State Hemp Plan Policy Statement
WSDA’s Hemp Regulatory Plan outline
Resources
If you have any other questions about starting a hemp company in Washington, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
West Virginia (WV)
West Virginia Hemp & CBD License Requirements
West Virginia has 3 separate licenses: one for Cultivation and Processing, Manufacturing, and Distribution. Each finished hemp-derived product must be registered with the state whether it is manufactured or ready for distribution in West Virginia. This includes products ready for distribution that have been manufactured in another state. West Virginia has huge fees for individual product registration. Manufacturers and Distributors must register each manufacturer’s hemp-derived product for $200 per product. If the product is manufactured in the state, there is a $1000 cap per manufacturer’s products. Retailers, on the other hand, only must pay $100 per year to sell or distribute hemp-derived products within the state. If a Retailer manufactures their own products, the $100 fee is waived but the Retail-manufacturer still needs to register each product.
➖ Manufacture (State Registration Required)
✔️ Purchase
✔️ Possess
✔️ Use
➖ Sell (State Registration Required)
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of West Virginia.
West Virginia Department of Agriculture
West Virginia Department of Agriculture Industrial Hemp Cultivation and Processing
WV Department of Agriculture Contact Information
1900 Kanawha Blvd., East
Charleston, WV, 25305
304-558-2212
Michael C. Arnold
Regulatory Programs Coordinator
West Virginia Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each West Virginia state hemp license and get links to apply online or download the application.
West Virginia Hemp-derived Product Seller / Distributor Registration License
West Virginia Department of Agriculture Hemp Products
All retail facilities (including on-line retailers) are required to register with the Department to sell hemp products or extracts in West Virginia. A registration fee of $100.00 shall be paid to the Department with the submission for application to sell and distribute hemp products in West Virginia. Retail establishments that sell only products that they manufacture themselves are exempt from the requirement to pay the fee to distribute, but are not exempt from the requirement to register annually.
Distributor or seller of hemp products or extracts.
West Virginia Hemp-derived Products Seller / Distributor Registration Form
West Virginia Hemp Product Manufacturer Registration License
West Virginia Department of Agriculture Hemp Products
The manufacturer of all hemp products, including hemp fiber products, available for distribution in West Virginia shall register annually with the Department. This includes products manufactured in West Virginia, another state, or another country.
Annual registration fee of $200 per product. The annual fee for hemp product registrations shall be capped at $1,000 per manufacturer for products that are manufactured and sold in West Virginia.
Hemp fiber products, such as rope, fiber, hempcrete, paper, and other industrial uses, are exempt from the $200.00 annual fee and certificate of analysis but are subject to all other registration requirements. Hemp products that are not consumed, inhaled, ingested, absorbed, come in contact with the skin, or otherwise have an effect on the health of humans or animals are exempt from the $200.00 annual fee and certificate of analysis but are subject to all other registration requirements.
Manufacturers of hemp products and extracts.
West Virginia Manufacturer Registration of Hemp Products Form
West Virginia Hemp Cultivation & Processing Registration License
West Virginia Department of Agriculture Industrial Hemp Cultivation and Processing
WV Industrial Hemp Application Process
WV Hemp Cultivation & Processing Application
WV Industrial Hemp Law Enforcement Notification Letter
You are required to submit this letter after receiving your license
State Laws
WV Approved Hemp Plan (pdf)
West Virginia Industrial Hemp Development Act
HB 2276
SB 126
SB 629
WEST VIRGINIA DEPARTMENT OF AGRICULTURE TITLE 61 SERIES 30 HEMP PRODUCTS
If you have any other questions about starting a hemp company in West Virginia, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Wisconsin (WI)
Wisconsin Hemp & CBD License Requirements
Beginning January 1, 2022, hemp growers will be licensed by the U.S. Department of Agriculture (USDA) and hemp processors will no longer require a license, as the State of Wisconsin’s Department of Agriculture, Trade and Consumer Protection (DATCP) hemp program has been discontinued. The DATCP Industrial Hemp Program has transitioned to the USDA for all hemp grower licensing. The DATCP will also no longer have the authority to license hemp processors. However, the DATCP will still monitor the quality and safety of hemp. CBD or other cannabinoids cannot be used in Pet Treats or animal feed.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Wisconsin.
U.S. Department of Agriculture (USDA)
State of Wisconsin’s Department of Agriculture, Trade and Consumer Protection (DATCP)
State of Wisconsin’s Department of Agriculture, Trade and Consumer Protection (DATCP)
DATCP Wisconsin Hemp Resources
Regulatory Oversight of Hemp Products by Wisconsin’s DATCP (pdf)
For more information on the DATCP’s regulatory oversight, the DATCP has put out a 3-page flyer (above link) explaining standards for quality and labelling hemp-derived products. It has a ton of useful information and links to 3rd-party resources.
Wisconsin Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Wisconsin state hemp license and get links to apply online or download the application.
Wisconsin USDA Grower License
Wisconsin USDA Hemp Processor License
State Laws
Wisconsin Hemp Plan
Wisconsin does not have an approved Hemp Plan. Therefore, the national USDA Hemp Plan takes its place. To obtain a Producer or Processor license for industrial hemp growing or processing in Wisconsin, you must apply directly through the USDA.
2017 Wisconsin Act 100
ATCP 90.08 Special packages and commodities; labeling requirements.
86 FR 8896
Resources
If you have any other questions about starting a hemp company in Wisconsin, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Wyoming (WY)
Wyoming Hemp & CBD License Requirements
Wyoming is straightforward. If you grow hemp, you’ll need a Wyoming Hemp Producer License. If you process (extract) hemp into a concentrate, then you need a Wyoming Hemp Processor License. There are no additional state licenses you’ll need to obtain to manufacture hemp-derived products or sell hemp products to businesses or consumers.
✔️ Manufacture
✔️ Purchase
✔️ Possess
✔️ Use
✔️ Sell
Governing Bodies
Below are links to each state agency involved in Hemp and Hemp-derived products in the state of Wyoming.
Wyoming Hemp Licenses & Applications
Please click on any of the licenses below to learn more about each Wyoming state hemp license and get links to apply online or download the application.
Wyoming Hemp Producer License
Wyoming Department of Agriculture Hemp Producer Licensing Website
Wyoming Hemp Producer License Application PDF
Application Instructions
Please complete all fields and ensure that all items listed below are added as an attachment to the application. Any incomplete applications will be rejected and returned to the applicant. Once the application has been submitted, please mail the $750.00 non-refundable license application fee ($500.00 for an educational or non-profit organization) to Wyoming Department of Agriculture, ATTN: Hemp Licensing, 2219 Carey Ave, Cheyenne, WY 82002. Please reference “Business Name, Hemp Licensing Fee” in the memo line.
Wyoming Hemp Processing License
Wyoming Department of Agriculture Hemp Processing Licensing Website
Wyoming Hemp Processing License Application PDF
Application Instructions
Please complete all fields and ensure that all items listed below are added as an attachment to the application. Any incomplete applications will be rejected and returned to the applicant. Once the application has been submitted, please mail the $750.00 non-refundable license application fee ($500.00 for an educational or non-profit organization) to Wyoming Department of Agriculture, ATTN: Hemp Licensing, 2219 Carey Ave, Cheyenne, WY 82002. Please reference “Business Name, Hemp Licensing Fee” in the memo line.
State Laws
WY Approved Hemp Plan (pdf)
HB 0100
HB 0171
Chapter 61 - Rules Pertaining to Hemp
WY Hemp Definitions
If you have any other questions about starting a hemp company in Wyoming, would like to Sign Up for a Hemp Lively Wholesale Account, or learn more about our Private Label Hemp Manufacturing Services, give us a call (850) 299-9624.
Conclusion
Whether you are a hemp farmer, hemp-derived product manufacturer, or just own a smoke shop selling CBD products, you may need a license to operate a business with hemp or CBD products. State regulations are extremely complicated and state websites can often have contradictory information. Furthermore, the internet is filled with inaccurate information, especially when it comes to hemp and cannabis laws. Hopefully this hemp state licensing article helps you on your way to a successful cannabis business. Over 300 hours went into the research of this article. I’ve tried to be as accurate as possible as of January 2023. However, it’s always recommended to give the state agencies a call and check with an attorney regarding up-to-date hemp laws. Don’t forget to check out our other guides such as “How to Start a CBD Company” and “Is Delta 8 Legal in your State?” If you have any questions regarding hemp products, opening a Hemp Lively Wholesale Account, starting your own cannabis brand with Hemp Lively’s Private Label Manufacturing Services, Cannabis Web Design Services, or buying hemp gummies in bulk to package yourself, give Hemp Lively a call today (850) 299-9624. Thank you in advance for choosing Hemp Lively. To your success!
Author
David McGinnis
David McGinnis, Co-Owner of Hemp Lively, is also an Entreprenuer, Web Designer, Graphic Designer, and Cannabis Business Consultant. In his spare time, David enjoys learning, writing, and spending time with his fiance Melanie and his two miniature schnauzers, Gatsby and Daisy.
To contact David about Hemp Lively's Products, Wholesale Program, Private Label Services, Bulk Gummy Manufacturing, Affiliate Program, Cannabis Web Design, Product Label Design, or just to say Hi, please call (850) 299-9624.
