Hemp Program FAQ

WSDA will provide all information, including licensed Hemp producers in the State of Washington for 2020 and beyond. The only information not provided is any Personal Identifiable Information, like Social Security Numbers. The public information will become available on the WSDA Hemp website soon, the information product is under development. The information will include telephone numbers and email addresses, including data about licensed growing areas.

All licensee information from the previous Industrial Hemp Research Pilot program can also be disclosed to the public. The only information not disclosed is Personal Identifiable Information, like Social Security Numbers. The information is available on the Hemp Program main page. If there is information not listed that you require, please submit a Public Records request located here.

Chapter 15.140 in the Revised Code of Washington (RCW) contains the statutes for the Hemp Program.

Yes. 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."

WSDA periodically sends information about the program to subscribers of the Hemp Program email distribution list (ListServ). Include me on the email list.

"Hemp means the plant Cannabis sativa L. and any part of that plant, including the seed thereof 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 percent on a dry weight basis."

"Marijuana" or marihuana" means all parts of the plant Cannabis, whether growing or not, with a delta-9 THC concentration greater than 0.3 percent on a dry weight basis."

Tetrahydrocannainolic Acid (THCA) is found in Cannabis and is a precursor of delta-9 Tetrahydrocannabinol (THC). THCA is considered non-psychoactive, while delta-9 THC is psychoactive. The difference between the two molecules is a carboxylic acid group found on THCA, which is not present on delta-9 THC. Removing this carboxylic acid group (adding heat) is “de-carboxylation.”

By law, all hemp must contain a delta-9 THC concentration of 0.3% or less by dry weight, this will also include the laboratories "Measurement of Uncertainty"

The measurement of uncertainty is similar to a margin of error. When the measurement of uncertainty, normally expressed as a +/- with a number, (e.g., +/- 0.05) is combined with the reported measurement, it produces a range and the actual measurement has a known probability of falling within that range.

For example, if a laboratories measurement of uncertainty is 0.05 percent and the delta-9 THC measured in the tested material is 0.35 percent, the 0.05 is added and subtracted to the 0.35 percent value. The range would then be 0.40 percent to 0.30 percent. With the measurement of uncertainty included, this scenario would allow the material tested to comply because the lower value is at 0.30 percent.

If your field or lot tests over 0.3% delta-9 THC it no longer meets the definition of Hemp under the law. The WSDA Hemp Production Program will consider what enforcement actions are most appropriate. The department will take non-compliance very seriously in order to protect Public Safety and the Hemp Industry.

Delta-9 THC is the number that needs to be 0.3 percent or below for Hemp. There are two common testing methodologies for THC concentration testing:

Gas Chromatography: This method uses heat and de-carboxylates the THCA in the material tested. The only result that is measured is delta-9 THC.

High-Performance Liquid Chromatography: This method is without heat and the THCA amount is measured, including delta-9 THC if present (Total THC).  
After the measurement a scientific calculation is applied to find the delta-9 THC amount in the THCA: (delta-9 THC = delta-9 THC + (THCA * .877)) 

The equation states 87.7% of the measured THCA is delta-9 THC. The remaining 13.3% is the carbon atom that is lost during de-carboxylation. This is then added to the delta-9 THC amount that was measured in the Hemp material. The result is the total delta-9 THC in the material tested.
 

Delta-9 THC can naturally be present in plant material and is caused by things such as sunlight, heat, amount of time flower has been on the plant, stress etc.

Whether you are considering starting a new venture or expanding your existing farm business, access to adequate capital can be a challenge. To address this need, there are loan and grant programs specifically for farm and food businesses. Farms may also be eligible for small business loan programs based on a range of criteria: minority or women-run, youth, business location in a rural area, etc. See the loan factsheet for more information.

A person with a State or Federal felony conviction relating to a controlled substance is subject to a 10-year ineligibility restriction on producing hemp under the 2018 Farm Bill. An exception applies to a person who was lawfully growing hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before that date.

The Legislature provided WSDA initial funding to get the program started. Now that the program is in place, license fees will support the program. The Hemp Program estabilished user-fee rates as part of the rule-making process. The fees were set at a level that supports the program, but are not so burdensome as to keep people from participating.

Effective June 1 2020, license fees are as follows:
Annual License Fee: $1200



/1 See WAC 16-306-050(8) 
/2 In addition to license fee.

Applying is the first step. You will fill out an application online. Once your application is submitted, you will send a check for 1200 dollars to:

Washington State Department of Agriculture - The Hemp Program
PO Box 42591
Olympia WA, 98504

 If there is information missing, this will delay the processing of your application. We will notify you via email about the needed information if required. Once the application is complete and check is received, you will receive your license.
 

 

You can go to the Washington State Patrol website and obtain an criminal histroy report click the following link to access the website: http://www.wsp.wa.gov/crime/criminal-history/ 

Licensed producers must also report their hemp crop acreage to the FSA. When reporting to FSA, producers must provide their State or Tribe-issued license or authorization number. The requirement that producers report hemp crop acreage to FSA establishes an identification system for hemp production nationwide and complies with the information sharing requirements of the 2018 Farm Bill.

A link to FSA information on how to report hemp crop acreage to FSA is available at http://www.fsa.usda.gov/Assets/USDA-FSAPublic/usdafiles/FactSheets/2019/crop-acreage-reporting-19.pdf and will be provided on the USDA hemp production program website.

Yes. Normally, hemp is grown indoors and outdoors—like any other crop.

No, crop security will be up to each grower individually.  The Washington State Department of Agriculture does not require fences or security cameras for individual hemp cultivation.  Due to the minimal THC content (0.3% or less), hemp is an agricultural product, not a drug.

At a minimum, licensees are required to post a sign on each side of every registered land area listed on the
application including the following information:
(a) The department issued license number;
(b) Crop type; and
(c) The department contact phone number.

No, there are no minimum or maximum field sizes for hemp production. Before determining the size of your hemp crop, you may want to research state hemp processors so you don't end up with a lot of hemp and no one to sell it to.

Visit the following websites to read about Hemp insurance:

http://www.farmers.gov/manage/hemp
http://www.rma.usda.gov/Policy-and-Procedure/Insurance-Plans/Whole-Farm-Revenue-Protection 
https://www.usda.gov/media/press-releases/2020/02/06/usda-announces-details-risk-management-programs-hemp-producers?utm_medium=email&utm_source=govdelivery

Yes. Please contact WSDA organic program for more details.

A list of pesticides allowed for use on hemp can be found at Washington State University’s Pesticide Information Center OnLine (PICOL) Database at https://picol.cahnrs.wsu.edu/  
Select “Searches” from the left-hand side of the home page, then select “Advanced.”
In the “Add Search Term” box in the “Build Your Search” section, use the drop down to select “Crop.”  In the blank box to the right of the “Contains” box, type Hemp.
Press “Submit Search.”  A list of pesticide products allowed for use on hemp will be populated in the next screen.  Clicking the “WA” hyperlink under the Labels header will display the product label.

Hemp inspection (sampling) fees:

$200 per inspection
$40.00 per hour (including travel time - one-way)
Mileage will be charged at the rate established by the Washington State Office of Financial Management

See WAC 16-30-160 for the inspection (sampling) fees.

Hemp delta-9 THC testing fees:

When delta-9 THC concentration testing is performed at department-approved laboratories, testing fees will be subject to actual laboratory costs, including sample transportation.

See WAC 16-306-160 for the THC testing fees.

The WSDA Testing and Sampling Protocols can be accessed at the below links.

Testing Protocol - Click here
Sampling Protocol - Click here
 

WSDA has the ability to initiate a Request for Proposals (RFP) to solicit proposals from laboratories interested in testing Hemp across Washington State. There will be criteria laboratories will have to meet - click here for criteria. WSDA's intent is to have enough laboratories to meet Federal guidelines and industry demands for 2020 and beyond.
 

In addition to testing required under WAC 16-306-090, producers may obtain certification that hemp meets the department's standards for human consumption if tested for the following:
(a) Nonapproved pesticide or herbicide use. The list of approved pesticides and herbicides is available on the department website; and
(b) Approved limits of mycotoxin. The sample and related lot fail testing for mycotoxin if the results exceed the following limits:
(i) Total of Aflatoxin B1, B2, G1, G2: 20 μg/kg of substance;
(ii) Ochratoxin A: 20 μg/kg of substance.
(c) Approved limits for heavy metals. The sample and related lot fail testing for heavy metals if the results exceed the following limits:
Metal                      μ/daily dose (5 grams)
Inorganic arsenic                10.0
Cadmium                             4.1
Lead                                     6.0
Mercury                                2.0
See WAC 16-306-100 for more information.

The WSDA Hemp Program only licenses Hemp Farmers. 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."

Hemp processors can register with the WSDA, and receive a registration certificate, however this is only to register your business with the WSDA, and it is not a form of licensure. 
 
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 – see below. There is also a license issued by WSDA to protect state farmers, the permit is issued by the Merchant Commission Act Licensing Program – see below.
 
Food Safety Program
 
WSDA now licenses and regulates makers of food products that contain Hemp. While CBD is not allowed as a food ingredient, WSDA licensed food processors can use other hemp products in food, such as hulled hemp seeds, hemp seed protein, and hempseed oil provided they comply with all other requirements. FDA has determined that these components are Generally Recognized as Safe (GRAS) based on federal requirements. Search for “GRAS notices for hempseed derived ingredients for use in human foods” on the FDA website, www.fda.gov.
 
For assistance:
Email: foodsafety@agr.wa.gov 
Phone: (360) 902-1876
 
Commission Merchants Act Licensing Program
 
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

 

The federal Food and Drug Administration (FDA) and WSDA do not permit CBD to be added to food and beverages or sold as a dietary supplement. The FDA is the overall authority for CBD products derived from Hemp. CBD products like tinctures, lotions, and topicals are allowed. Please view the WSDA Food Safety notice at the following link:https://agr.wa.gov/departments/food-safety/food-safety/hemp-and-hemp-extract-certification

Yes, due to the recent passage of SB 5276, which legalizes hemp, LCB-licensed marijuana producer/processors can grow hemp, but requirements will need to be met.  These include:

• Submitting updated floor plans to the LCB's Licensing Division that reflect hemp producing/processing area(s), if hemp is being produced or processed within an LCB-licensed space.
• Ability to provide their WSDA "Hemp Production License" and LCB license to an enforcement officer upon request. 

Yes, hemp CBD can be combined with LCB-regulated marijuana products as additives if the relevant provisions of RCW and WAC are followed. RCW 69.50.326 and WAC 314-55-109.

Hemp products that are not CBD can also be used as an intermediate product in a regulated marijuana product (similar to flour, sugar, etc.).  

Yes, RCW 69.50.326 allows an LCB-licensed producer/processor to purchase CBD from outside the LCB's regulated marijuana system, have it tested as required by rule (WAC 314.55.109), and sell it to other LCB-licensed processors for use as additives in marijuana products.  

Before growers apply to the program, they may benefit from researching where they will sell their hemp plants and parts. Interstate Commerce of Hemp is also allowed once the producer has received THC Certification from the WSDA Hemp Program.

Certified seed is a type of seed that has been bred to, over many generations, have certain traits. Plants with all the same traits are called "varieties." A variety is bred and maintained so that its characteristics are uniform, distinct and stable across generations. Plant traits that certified seed breeders breed for are things like plant height, plant uniformity, drought resistance, etc. There are different organizations that certify crop seeds. Two examples of international seed certification organizations are AOSCA and OECD.

Farmers that are planting Hemp are highly encouraged to obtain Certified seed. However, Certified seed is not required, farmers can use non-certified seed to plant Hemp if they choose.

Washington State University (WSU) offers a program called Cultivating Success^TM that teaches general agronomic and agriculture techniques. These courses are taught at WSU satellite offices across the State of Washington. The program is not industrial hemp specific, but teaches general agricultural topics. Cultivating Success^TM instructors cannot provide cannabis-specific information or answer cannabis-related questions. The stated goal of Cultivating Success^TM is to create and implement educational programs to increase the number and foster the success of sustainable small-acreage farmers.

More information about this WSU program can be found here.