Reminders for Hemp License Holders

— Written By

As the 2018 season draws to a close, many may benefit from these helpful reminders about the NC Industrial Hemp Pilot Program.

Changes to GPS coordinates or growing locations:
You must notify the N.C. Department of Agriculture and Consumer Services of ANY changes to your license. If anything you put on your original application for a license changes during your entire licensing period, you must notify them.

This year, a grower’s hemp was seized and destroyed by law enforcement because he had not notified N.C. Department of Agriculture & Consumer Services that he had moved the location of his hemp. When law enforcement arrived at his property and then checked for the GPS coordinates he had listed for his hemp, this field was not shown as a declared field of hemp. So, it was seized and destroyed. Don’t let this happen to you!

As part of getting your license to grow hemp, you agreed:
Agreement to notify the division and the commission if there are any changes or deviations from the intentions stated in the license…

02 NCAC 62 .0107 APPLICATION FOR LICENSES

Notify the NCDA&CS about any changes by emailing: IndustrialHempRequests@NCagr.gov.

THC-Testing:
In North Carolina, the THC compliance test required as a component of your license is measured using post-decarboxylation. This laboratory process combines THC Delta-9 and THC-A for the total potential concentration of THC available in the plant. A grower’s compliance test that goes over 0.3% total THC concentration will be required to have that field re-tested or destroyed.

If you have been following the new Farm Bill language proposed by Senator McConnell of KY, you will notice that, should this language be included in the new Farm Bill, it will require all states to use the same method North Carolina already uses.

“…a procedure for testing, using post-decarboxylation or other similarly reliable methods…”

Agricultural Improvement Act 
(PAGE 805)

The NCDA&CS will check all paperwork for seed or clone imports to be sure that the total THC concentration is not over 0.3% THC as well. It is important that your hemp plants stay below the legal limit of 0.3% THC concentration to stay in compliance with the NC Industrial Hemp Pilot Program.

Notifying the NCDA&CS that you need an inspection:
In North Carolina, THC compliance samples are taken by NCDA&CS’s plant inspectors and then tested in state-approved laboratories. You may not send in your own sample. You must notify the NCDA&CS that your plants are ready for inspection.

Here is what the Rules for the Hemp Program say:
(b) License holders are responsible for notifying the Division at the time of initiation of floral buds. 

02 NCAC 62 .0103 SAMPLING OF THC LEVEL

If you have more than one crop of hemp per season, you are required to notify the NCDA&CS for each crop, or each time your plants begin to produce floral buds.

To notify the NCDA&CS that your hemp plants need a THC inspection, please use this online form.

When do I need a license?
You need a license to grow hemp to any stage of maturity, even if you do not intend to grow the plants to full maturity to harvest the grain, fiber, or floral material. If you possess growing, living plants, you will need to obtain a grower’s license from the Commission.

Industrial hemp plants found to be growing in areas not declared to the NCDA&CS under a valid license are subject to seizure and destruction. This situation has occurred in North Carolina this year. Don’t let this happen to you!

Annual survey:
The NC Industrial Hemp Pilot Program is first and foremost a research program. By growing hemp in the state of North Carolina, you become a citizen scientist.
There are only two types of hemp grower’s licenses available:
(1) Research Only
(2) Research with Intent to Market

Most people apply for and receive a “Research with Intent to Market” grower’s license. This license type allows the grower to sell his/her hemp crop into the marketplace, but it does not remove the research component to the license.

Each year, in December, you will receive a survey with questions about your experiences growing hemp in the NC Industrial Hemp Pilot Program. In order to remain in compliance with the terms of your grower’s license, you must complete and return this survey by the due date.

Non-compliance:
Did you know if you do not follow the state law or rules for the NC Industrial Hemp Pilot Program you could lose your license and have your crop destroyed?
(f) Failure to comply with any of these Rules or the provisions of G.S. 106-568.53(A) shall result in an automatic revocation of the license for the full remaining period of the license.

02 NCAC 62 .0105 LICENSES

This page is posted for your information and research purposes. This page is not intended as legal advice. Please seek the advice of a qualified attorney for matters pertaining to industrial hemp law and regulation.

Email the NC Industrial Hemp Program at: IndustrialHemp@ncsu.edu