Approved Hemp Plans

Click this link for a list of approved State, Tribe, or U.S. Territory hemp plans  –   Approved Hemp Plans link

Hemp Plan Requirements 

The 2018 Farm Bill and 7 CFR Part 990 created a standardized framework for all hemp production across the U.S. Some basic requirements must be met, regardless of where a person is licensed to grow hemp. A State, Tribe or U.S. Territory hemp plan submitted to the USDA for approval must include the practice and procedures described in 7 CFR 990.3(a). Some examples of those requirements include:

• Licensing
• Compliance Testing
• Harvest Requirements
• Reporting
• A document outlining the requirements of a hemp plan can be found here [link].

To obtain USDA approval for a hemp production plan, a state or Indian tribe must 

submit a formal proposal that details its regulatory framework and meets specific federal criteria under 7 CFR Part 990. The USDA has 60 days to review and approve or disapprove the plan once it is formally submitted. 

Core Regulatory Requirements

Every state plan must include specific procedures for the following eight program aspects:

• Land Information Tracking: Procedures for collecting and maintaining accurate records on the land where hemp is produced, including legal descriptions and geospatial locations (GPS coordinates).
• Sampling Protocols: Requirements for “homogenous” sampling of hemp flowers within 30 days prior to harvest to ensure the crop does not exceed THC limits.
• THC Testing: Methods to accurately test total delta-9 THC concentration levels (on a dry weight basis) using gas or liquid chromatography.
  • Note: While the law requires testing at DEA-registered labs, the USDA has extended “enforcement discretion” allowing non-DEA labs to be used through December 31, 2026, due to insufficient lab capacity.
• Disposal of Non-Compliant Plants: Protocols for disposing of or remediating “hot” hemp (plants exceeding 0.3% THC) so they do not enter the stream of commerce.
• Enforcement and Negligent Violations: Rules for addressing producer violations, including “negligent” acts like failing to provide land descriptions or producing plants over the THC limit. Producers who violate plans with a “culpable mental state greater than negligence” must be reported to the U.S. Attorney General.
• Annual Inspections: Provisions for conducting annual inspections of at least a subset of producers to verify compliance with the law.
• Information Sharing and Reporting: Procedures for reporting real-time information about producers and their crops to the USDA, including monthly and annual reports.
• Certification of Resources: A certification that the state or tribe has the necessary personnel and resources to carry out the described plan. 

Eligibility Restrictions

• Criminal History: States must prohibit any person with a state or federal felony conviction related to a controlled substance from producing hemp for 10 years following the conviction.
• Falsified Information: Any person who materially falsifies information on an application must be deemed ineligible to participate. 

States may impose requirements that are stricterthan the federal standards, but they cannot be more lenient. Once approved, plans remain in effect unless suspended by the USDA or significantly revised by the state. 

The 2018 Farm Bill (Agriculture Improvement Act of 2018) fundamentally changed the legal status of hemp in the United States, removing it from the Controlled Substances Act (CSA) and defining it as an agricultural commodity

. However, as of late 2025, new legislation has significantly altered this landscape, aimed at closing a “loophole” that allowed for the sale of intoxicating hemp-derived products. 

2018 Farm Bill (Current Legal Framework – Through 2026)

• Definition of Hemp: Defined hemp as Cannabis sativa L. and any part of the plant, including derivatives and cannabinoids, with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.
• Removal from CSA: Removed hemp from the DEA’s schedule of controlled substances.
• USDA/State Oversight: Authorized the USDA to approve state/tribal plans for commercial production, including testing and inspection.
• FDA Authority: Explicitly preserved the Food and Drug Administration’s (FDA) authority over hemp products, including CBD, under the Food, Drug, and Cosmetic Act. 

The “Loophole” and Post-2018 Market

• Intoxicating Products: The 2018 focus on delta-9THC allowed for the proliferation of products containing other intoxicating cannabinoids (e.g., Delta-8, Delta-10, THCA) that were extracted or synthesized from hemp.
• Gray Market: These products, such as edibles and vapes, are often sold unregulated outside of state-legal marijuana dispensaries. 

2025-2026 Changes (New Federal Regulation) 

In November 2025, Congress enacted a funding bill (P.L. 119-37) that drastically changes the legal status of many hemp products, effective November 12, 2026. 

• Total THC Limit: The definition of hemp changes from 0.3% delta-9 THC to a total THC concentration of less than 0.3% (including Delta-9, THCA, and other isomers).
• Low-Dose Limit: The new law sets a limit of 0.4 mg of total THC per container, which effectively bans most high-potency hemp edibles and drinks.
• Synthetic/Derived Cannabinoids: Explicitly excludes products containing cannabinoids that are not naturally produced by the plant or are synthesized outside the plant (e.g., Delta-8, Delta-10, HHC).
• Industrial Hemp Protection: The law includes a carveout for “industrial hemp” grown for fiber, grain, or non-intoxicating purposes, though it is unclear how it applies to products with small, “quantifiable” amounts of THC. 

Key Takeaways

• Current Status: As of now, the 2018 rules still apply, but industry is facing a 2026 “off-ramp” that will recriminalize most consumable hemp-derived THC products.
• Legal Challenges/Delays: Bipartisan bills have been introduced to delay this ban until 2028, aiming to protect farmers’ investments.
• FDA Action: The FDA is mandated to publish lists of naturally occurring vs. synthesized cannabinoids to guide future enforcement. 

The Farm Bill, officially the 

Agriculture Improvement Act of 2018, is a massive U.S. law passed roughly every five years that governs federal agricultural and food policy, impacting everything from farmer support and crop insurance to food assistance (like SNAP) and conservation programs, providing stability for farmers, consumers, and natural resources, with the current one extended through 2025 while a new version is debated. 

Key Aspects:

• Comprehensive Policy: It’s an omnibus bill covering numerous areas, including nutrition, conservation, trade, farm credit, rural development, forestry, and bioenergy, notes Congress.gov and USDA NIFA (.gov).
• Farm Support: Provides commodity price supports, crop insurance, and assistance for beginning and socially disadvantaged farmers, according to the Economic Research Service and US Forest Service.
• Food & Nutrition: Includes major nutrition programs like the Supplemental Nutrition Assistance Program (SNAP), which accounts for the largest portion of spending.
• Conservation: Funds programs to protect natural resources, soil, water, and promotes sustainable farming.
• Rural Development & Trade: Supports rural economies, broadband access, and international food aid.
• Regular Renewal: Congress typically renews it every five years, with the 2018 bill extended through 2024 and further extended to cover FY2025, explains Congress.gov, Farmers.gov, and National Sustainable Agriculture Coalition. 

Current Status (as of early 2026):

• The Agriculture Improvement Act of 2018 (2018 Farm Bill) was extended for fiscal year 2025.
• A new Farm Bill is under discussion to replace or update the existing legislation, influencing policies for the coming years, according to U.S. Representative Chellie Pingree and House Committee on Agriculture Republicans.