Industrial Hemp Laws


State Statutes and Public Acts on Industrial Hemp Research and Cultivation

State Citation Summary
Alabama Ala. Code § 2-8-380 to 2-8-383 and § 20-2-2 (2016)
  • Creates an industrial hemp research program overseen by the Alabama Department of Agriculture and Industries to study hemp.
  • The department may coordinate the study with institutions of higher education.
California Cal. Food and Agric. Code §81000 to 81010 (West 2016)
  • Allows for a commercial hemp program overseen by the Industrial Hemp Advisory Board within the California Department of Food and Agriculture.
  • Establishes registration for seed breeders.
  • This division will not become operative unless authorized under federal law.
Colorado Colo. Rev. Stat. § 35-61-101 to 35-61-109 (2016)
  • Allows hemp cultivation for commercial and research purposes to be overseen by the Industrial Hemp Committee under the Department of Agriculture.
  • Establishes a seed certification program.
  • Establishes a grant program for state institutions of higher education to research new hemp seed varieties.
Connecticut 2014 Conn. Acts, P.A. #14-191 (Reg. Sess.)
  • Created an industrial hemp feasibility study which reported to the state legislature on Jan. 1, 2015.
Delaware Del. Code Ann. tit. 3 § 2800 to 2802 (2016)
  • Establishes an industrial hemp research program overseen by the Delaware Department of Agriculture.
  • Allows the department to certify institutions of higher education to cultivate hemp for research purposes.
Hawaii Hawaii Rev. Stat. § 141A to 141J and § 712 (2016)
  • Establishes an industrial hemp pilot program overseen by the Hawaii Department of Agriculture.
  • Allows the Board of Agriculture to certify hemp seeds.
Illinois Ill. Ann. Stat. ch. 720 § 550/15.2 (Smith-Hurd 2016)
  • Creates an industrial hemp pilot program which allows the Illinois Department of Agriculture or state institutions of higher education to grow hemp for research purposes.
  • Requires institutions of higher education provide annual reports to the department.
Indiana Ind. Code Ann. § 15-15-13-1 to 15-15-13-17 (2016)
  • Allows the production and possession of hemp by licensed growers for commercial and research purposes.
  • Growers and handlers of hemp seeds must obtain a hemp seed production license.
  • Nothing in this section allows anyone to violate federal law.
Kentucky Ky. Rev. Stat. Ann. § 260.850 to 260.869 (2016)
  • Creates an industrial hemp research program and a commercial licensing program to allow hemp cultivation for any legal purpose.
  • The commercial growers’ license shall only be allowed subject to the legalization of hemp under federal law.
  • Growers are required to use certified seeds and may import or resell certified seeds.
  • Mandates the University of Kentucky Agricultural Experiment Station oversee a five year hemp research program.
  • Creates the Industrial Hemp Commission, attached to the Agricultural Experiment Station, to oversee, among other things, the licensing, testing and implementation of regulations and rules related to hemp.
Maine Me. Rev. Stat. Ann. tit. 7 § 2231 (2016)
  • Allows hemp growing for commercial purposes.
  • Establishes a license for seed distributors.
Maryland Md. Agriculture Code Ann. § 14-101 (2016)
  • Establishes a license allowing individuals to plant, grow, harvest, possess, process, sell, or buy industrial hemp in Maryland.
  • Authorizes the Maryland Department of Agriculture or an institution of higher education to grow hemp for research purposes.
Michigan Mich. Comp. Laws § 286.841 to 286.844 (2016)
  • Creates an industrial hemp research program allowing the Michigan Department of Agriculture and Rural Development and institutions of higher education to grow hemp for research purposes.
Minnesota Minn. Stat. § 18K.01 to 18K.09 (2016)
  • Establishes a commercial hemp licensing program overseen by the Minnesota commissioner of agriculture.
  • Applicants must prove they comply with all federal hemp regulations, meaning that commercial licenses may not be available until federal law changes.
  • Allows the commissioner to implement an industrial hemp pilot program. Institutions of higher education may apply to participate in this program.
Montana Mont. Code Ann. § 80-18-101 to 80-18-111 (2016)
  • Allows the Montana Department of Agriculture to implement a commercial hemp licensing program.
  • Requires commercial growers to use certified seeds.
  • Requires a federal controlled substances registration from the DEA for the affirmative defense against marijuana charges to apply.
Nebraska Neb. Rev. Stat. § 2-5701 (2016)
  • Allows a postsecondary institution or the Nebraska Department of Agriculture to grow hemp for research purposes.
Nevada Nev. Rev. Stat. § 557.010 to 557.080 (2016)
  • Mandates the Nevada Board of Agriculture implement an industrial hemp pilot program.
  • Allows institutions of higher education and the Nevada Department of Agriculture to grow hemp for research purposes.
New Hampshire N.H. Rev. Stat. Ann. § 433-C:1 to 433-C:3 (2016)
  • Allows institutions of higher education to cultivate hemp for research purposes.
  • All research must be coordinated with the New Hampshire Department of Agriculture, Markets and Food.
  • All research projects must conclude within three years of commencement.
New Hampshire 2014 N.H. Laws, Chap. 18
  • Established a committee to study the growth and sale of industrial hemp in New Hampshire.
  • The study was required to report their findings by Nov. 1, 2014.
New York N.Y. Agriculture and Markets Law § 505 to 508 (McKinney 2016)
  • Allows the growth of hemp as part of an agricultural pilot program by the Department of Agriculture and Markets and/or an institution of higher education.
  • The commissioner of agriculture and markets may authorize no more than 10 sites for growing hemp as part of a pilot program.
  • The commissioner may develop regulations to authorize the acquisition and possession of industrial hemp seeds.
    • 1 NYCRR 159.2 allows authorized growers to possess, grow and cultivate seeds and hemp plants.
North Carolina N.C. Gen. Stat. § 106-568.50 to 106-568.54 and § 90-87(16) (2016)
  • Creates an agricultural hemp pilot program overseen by the North Carolina Industrial Hemp Commission within the North Carolina Department of Agriculture.
  • The commission must collaborate with North Carolina State University and North Carolina A&T State University.
North Dakota N.D. Cent. Code § 4-41-01 to 4-41-03 and § 4-05.1-05 (2016)
  • Allows hemp cultivation for commercial or research purposes overseen by the North Dakota agricultural commissioner.
  • Growers must use certified seeds. Licensees may import, resell and plant hemp seeds.
  • Permits the North Dakota State University Main Research Center to conduct research on industrial hemp and hemp seeds.
Oregon Or. Rev. Stat § 571.300 to § 571.315 (2016)
  • Allows individuals registered by the Oregon Department of Agriculture to grow hemp for commercial purposes.
  • Growers and handlers who intend to sell or distribute seeds must be licensed as seed producers.
Pennsylvania Pa. Cons. Stat. Ann. tit. 3 § 701 to 710 (Purdon 2016)
  • Allows institutions of higher education or the Department of Agriculture of the commonwealth to research hemp under an industrial hemp pilot program.
  • This chapter shall expire if the secretary of agriculture of the commonwealth determines a federal agency is authorized to regulate hemp.
Rhode Island R.I. Gen. Laws § 2-26-1 to 2-26-9 (2016)
  • Establishes a commercial hemp program overseen by the Department of Business Regulation.
    • Allows the Division of Agriculture in the Department of Environmental Management to assist the Department of Business Regulation in regulating hemp.
  • Growers must verify they are using certified seeds.
  • The department shall authorize institutions of higher education to grow hemp for research purposes.
South Carolina S.C. Code Ann. § 46-55-10 to 46-55-40 (Law. Co-op 2016)
  • Allows hemp growth for commercial and research purposes.
Tennessee Tenn. Code Ann. § 43-26-101 to 43-26-103 (2016)
  • Allows commercial hemp production overseen by the Tennessee Department of Agriculture.
  • Directs the commissioner of agriculture to develop licensing rules for processors and distributors.
  • Allows institutions of higher education to acquire and study seeds for research and possible certification.
Utah Utah Code Ann. § 4-41-101 to 4-41-103 (2016)
  • Allows the Utah Department of Agriculture to grow hemp for research purposes.
  • Requires that the department certify institutions of higher education to grow hemp for research purposes.
Vermont Vt. Stat Ann. tit. 6 § 561 to 566 (2016)
  • Allows for commercial hemp production overseen by the Vermont secretary of agriculture, food and markets.
  • Requires the registration form advise applicants that hemp is still listed and regulated as cannabis under the federal Controlled Substances Act.
Virginia Va. Code § 3.2-4112 to 3.2-4120 (2016)
  • Authorizes research and commercial hemp programs overseen by the Virginia Board of Agriculture and Consumer Services and the Virginia commissioner of agriculture and human services.
  • The commissioner must establish separate licenses for the research program and for commercial growers.
  • Nothing in this chapter allows individuals to violate federal laws.
Washington Wash. Rev. Code Ann. § 15.120.005 to 15.120.050 (2016)
  • Allows hemp production as part of a research program overseen by the Washington State Department of Agriculture.
  • Requires the department establish a seed certification program.
West Virginia W. Va. Code. § 19-12E-1 to 19-12E-9 (2016)
  • Allows hemp production for commercial purposes by growers licensed by the West Virginia Commissioner of Agriculture.
  • Growers must use seeds which produce plants containing less than 1 percent THC.