Chapter 17. Hemp Farming Program

“Acceptable hemp THC level” means the application of the measurement uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis producing a distribution or range that includes 0.3 percent or less total THC.

“Applicant” means a person, or for a business entity, a person authorized to act on behalf of the business entity, who applies to the Department to become a licensed hemp grower in the State.

“Authorized agent” means a sampling agent who has received a certificate of completion of training from USDA or the Department and has been approved by the Department to sample hemp under the Program.

“Authorized laboratory” means a laboratory that is:

Cannabis.

“CBD” means cannabidiol.

“Conviction” means any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged.

“Culpable mental state greater than negligence” means to act intentionally, knowingly, willfully, or recklessly.

“Cultivate” means to plant, water, grow, or harvest a plant or crop.

“DEA” means the United States Drug Enforcement Administration.

“Decarboxylated” means the completion of the chemical reaction that converts THC-A into delta-9-THC, the intoxicating component of cannabis. The decarboxylated value may also be calculated using a conversion formula that sums delta-9-THC and THC-A.

“Decarboxylation” means the removal or elimination of a carboxyl group from a molecule or organic compound.

“Delta-9-THC” or “THC” means delta-9-tetrahydrocannabinol concentration, the primary intoxicating component of cannabis.

“Department” means the Maryland Department of Agriculture.

“Disposal” or “destruction” means the procedure to render a plant or a product derived from such plant unusable by burning, incorporating with other materials, or other methods approved by the Department consistent with USDA guidelines.

“Dry weight basis” means the ratio of the amount of dry solid in a sample after drying to the total mass of the sample before drying, including the moisture in a sample.

“GPS” means Global Positioning System.

“Growing area” means either an outdoor or an enclosed indoor area where hemp is cultivated.

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.

“Hemp greens” means hemp leaves from immature plants that are no more than 10 inches tall and are not flowering.

“Hemp microgreens” means immature hemp seedlings for human consumption that are:

“Hemp transplants” means nonflowering hemp seedlings, rooted cuttings, immature plants produced from tissue culture, or other means of reproduction, which are not harvested but transplanted into a large container or field to mature for harvest.

Key Participant.

“Law enforcement agency” means the Maryland State Police, DEA, or other federal, state, or local law enforcement agency or drug suppression unit.

“License” means written authorization by the Department permitting a person to cultivate, store, handle, or market hemp in the State.

Licensed Area.

“Licensed grower” means a person possessing a license issued by the Department under the authority of this chapter to cultivate, store, handle, or market hemp.

“Lot” means a contiguous area in a field, greenhouse, or indoor facility growing the same variety or strain of hemp that was planted at the same time throughout this area.

“Map” means a diagram depicting all borders of the hemp operation, including the nearest roads to aid in orientation, the cardinal direction north, and the boundaries of the legally described parcel on which the hemp operation is located.

“Measurement uncertainty” or “MU” means the parameter associated with the result of a measurement that characterizes the dispersion of the values that could be reasonably attributed to the measurement.

Negligent Violation.

“Nonmarketable hemp” means hemp that exceeds the acceptable hemp THC level.

“Official sample” means the pre-harvest hemp sample collected by the Department, in accordance with Department policy, which is used to assess the THC concentration of a single lot of hemp.

“Person” means an individual, partnership, corporation, limited liability company, association, or any business entity by whatever name designated and whether or not incorporated unless the context clearly indicates otherwise.

“Program” means the Hemp Farming Program established under this chapter.

“Propagule” means a plant or plant part that can be utilized to grow a new plant.

“THC-A” means tetrahydrocannabinolic acid, a precursor to THC.

“USDA” means the U.S. Department of Agriculture.

“Variety” means a group of plants or an individual plant that exhibits a distinctive observable physical characteristic or has a distinct genetic composition.

“Volunteer plant” means a hemp plant that was not intentionally planted by the person licensed to grow hemp, but results from a previous crop, growing on its own accord from seeds or roots in the years following an intentionally planted hemp crop.

The applicant’s full name, business or residential address, telephone number, and email address (if the applicant is a business entity, the full name of the business, the address of the principal business location, the full name and title of key participants, the email address of that business, and EIN number of the business);

The legal description of the land on which the hemp operation is proposed;

The GPS coordinates for the land on which the hemp operation is proposed;

A map of the land owned or controlled by the person to be licensed, showing the location, boundaries, and dimensions (in acres or square feet) of:

The portion or portions of the hemp plant or flower that the applicant intends to market, that is, seed, grain, fiber, hurd, or CBD;

A certification that the applicant is at least 18 years of age;

A criminal background report of the applicant and other key participants, prepared by the Federal Bureau of Investigation, dated no more than 60 days before the date of the applicant’s application; and

Documentation showing that the applicant has the legal right to cultivate hemp on the land (the proposed licensed area) and the legal authority to grant the Department access for inspection and sampling, including deeds, leasing agreements, written agreements by a landowner, or other appropriate documentation.

An updated legal description of the land that will comprise the hemp operation;

Updated GPS coordinates that will comprise the hemp operation; and

An updated map providing the information required under §A(4) of this regulation.

The licensed grower shall fully cooperate and assist the Department with all aspects of the administration and enforcement of the Program, including, but not limited to, the application, license, reporting, inspection, and sampling processes;

The licensed grower shall permit the Department or any other law enforcement agency to enter the property for the purpose of collecting, sampling, or inspecting hemp plants in the licensed area, whether in the field or in storage, during the licensing period or in the immediate 30-day time period after the license has expired or is suspended or surrendered;

If hemp plants test greater than the acceptable hemp THC level or otherwise do not comply with this chapter, the licensed grower shall inspect the property post-harvest and, for the following growing season, pre-harvest, and destroy, as directed by the Department, any volunteer plants;

The licensed grower shall maintain all records pertaining to hemp production for a minimum period of 3 years, including, but not limited to, the following records:

The licensed grower shall keep the records required under §D(4) of this regulation in the State and make them available during normal business hours for copying and inspection by the Department or other law enforcement agencies;

The licensed grower shall submit all required reports by the applicable due dates specified by the Department;

The licensed grower shall name an in-State agent for the receipt of notices in enforcement actions for records and other matters;

The licensed grower shall notify the Department within 15 days of any changes to the hemp grower’s operation, including planting, harvesting, testing, or sampling, or any changes to the license holder’s address or other contact information; and

The licensed grower shall pay any fees as required by this chapter.

Has a felony conviction under state or federal law related to a controlled substance during the 10-year period preceding the date of application;

Provides materially false or misleading information in the application; or

Has not met the requirements of this chapter.

Grow or store hemp in a structure that is used for residential purposes;

Plant, grow, or store hemp on any site that is not located within the licensed area;

Display or exhibit live hemp plants, viable seeds, or floral materials at trade shows, county fairs, or educational or other similar events without written permission from the organizer of the event;

Allow unsupervised public access to hemp plots or plantings;

Sell, transfer, or permit the sale or transfer of living hemp plants or viable hemp seeds to any person in the State who does not hold a license issued by the Department;

Sell, transfer, or permit the sale or transfer of living plants, viable seeds, leaf material, or floral material to any person in another state who is not authorized by the laws of that state to own or otherwise possess such products;

Comingle hemp plant material from one lot with hemp plant material from other lots unless the lots have been tested and deemed compliant with this chapter;

Place in the stream of commerce any hemp grown in a lot that has a noncompliant THC level;

Provide false or misleading information in any report, record, or other document required under this chapter or during the course of an inspection conducted under this chapter;

Hinder or obstruct an authorized agent of the Department or any other law enforcement officer from entering the licensed area for the purpose of collecting, sampling, or inspecting hemp;

Violate any of the provisions of this chapter, including, but not limited to, the licensing terms set forth in Regulation .04 of this chapter; or

Violate any applicable laws and regulations relating to the use and development of the land for hemp production.

Within 10 days after planting, a licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Field Planting Report that includes:

A licensed grower who does not plant hemp in an approved outdoor growing area listed in the application shall submit a Field Planting Report on or before July 31, stating that hemp has not and will not be planted at that site.

If a replanting of seeds or propagules occurs, the licensed grower shall complete and submit to the Department a new Field Planting Report within 10 days after the planting, providing the information required under this section.

Within 10 days after establishing plants at an indoor location, a licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Greenhouse/Indoor Planting Report that includes:

The licensed grower shall submit this report each time hemp is planted in, moved within, or moved into a licensed area, except for replanting into a larger container within the same indoor location.

In addition to completing the initial Greenhouse/Indoor Planting Report, the licensed grower shall submit to the Department quarterly reports for each location ID to the Department no later than March 31, June 30, September 30, and December 31.

The licensed grower's full name and contact information;

The license number;

The disposal date of each lot destroyed; and

The method of destruction.

The licensed grower's full name and contact information;

The license number;

The acreage or amount of greenhouse space planted, the planting date, the harvest date, and the varieties grown; and

The weight and type of plant material harvested and the plant material being stored and the location of its storage as of the date of the report.

The license number that the Department issued to the licensed grower;

The street address where licensed grower is producing hemp;

The geospatial location of each lot or greenhouse where hemp will be produced;

If hemp is grown outdoors, the hemp crop acreage, including the total acreage planted and harvested, and, if any portion of the crop is disposed of, the amount;

If hemp is grown indoors, the indoor square footage or acreage dedicated to the production of hemp; and

If the licensed area is altered in accordance with Regulation .04, updated information pertaining to the site modification.

Within 15 days of conviction of a disqualifying felony offense, a licensed grower shall inform any co-licensees and submit to the Department a signed, complete, accurate, and legible Departmental Drug Felony Conviction Report that includes:

Failure to report the disqualifying offense may result in an order of destruction.

Samples shall be collected by the Department or an authorized agent;

Samples selected shall be solely determined by the Department or authorized agent;

Samples shall be from the [flower material of the hemp plant;] flowering tops of plants which shall be approximately 5 to 8 inches in length from:

Samples shall represent a homogeneous composition of the lot being collected, and a minimum of two samples from each lot shall be collected (the number of plants selected for sampling will be dependent on the size of the growing area);

Samples of hemp plant material from one lot may not be commingled with hemp plant material from other lots;

Samples shall be collected during the growing season and before harvest;

When a scheduled sampling occurs, the grower or an authorized grower representative shall be present at the growing site;

The grower shall provide the Department or an authorized agent complete and unrestricted access to all hemp plants and all locations listed in the application;

The grower or authorized agent shall take any other action that the Department deems necessary to ensure that the stated confidence level is met;

If the licensed grower fails to complete the harvest within 30 days, a new sample of the lot shall be collected for testing purposes following the procedures set forth in this regulation;

The Department or authorized agent shall place the composite representative sample in a properly labeled paper bag, seal the bag, and place the following information on the bag or otherwise include it with the sample:

The sample and sampling report shall be hand-delivered or placed in a box, sealed with security tape, and shipped overnight to the Department or authorized laboratory.

Laboratory quality assurance shall ensure the quality and validity of the test results and that the testing method used is appropriate;

An appropriate chain of custody shall be maintained at all times;

The official samples shall be dried, the stem and seed shall be separated from floral material and discarded, and the floral material shall be ground;

The ground floral material shall be tested for THC content;

The THC testing procedure shall include a valid testing methodology that uses post-decarboxylation or other similarly reliable methods, including, but not limited to, gas chromatography with flame ionization detection, or liquid chromatography with ultraviolet detection (The testing methodology shall consider the potential conversion of THCA in hemp into THC and the test result shall measure total available THC derived from the sum of the THC and THC-A content. The total THC concentration level shall be determined and reported on a dry weight basis. MU shall be used in determining the range of the result found.); and

A sample test result with a delta-9 THC concentration on a dry weight basis greater than the acceptable hemp THC level is conclusive evidence that the lot represented by the sample contains a delta-9 THC concentration on a dry weight basis of more than 0.3 percent and that the hemp is therefore not in compliance with this chapter.

Hemp grower's license or authorization identifier;

Name of hemp grower;

Business address of hemp grower;

Lot identification number for the sample;

Name and address of laboratory;

Date of test and report;

Identification of a retest; and

Test result.

Seeds originating from THC compliant hemp plants that have been certified by a member agency of the Association of Official Seed Certifying Agencies;

Seeds derived from hemp plants that were tested during the preceding 2-year period and, for each of these 2 years, deemed THC compliant by the Department, an authorized laboratory, or other USDA-approved hemp program; and

Propagules from hemp plants that were tested by the Department, an authorized agency, or other USDA-approved program and deemed THC compliant.

Obtained and used only authorized hemp seed or propagules;

Harvested the crop no more than 14 days after planting;

Only grew hemp plants that were no more than 5 inches in height; and

Did not grow hemp plants to a flowering state.

Obtained and used only authorized hemp seed or propagules;

Harvested the crop prior to the plants being 10 inches in height; and

Did not produce a flowering crop.

Obtained and used only authorized hemp seed or propagules;

Only grew plants that were no more than 12 inches in height; and

Did not grow plants to a flowering state.

Follow the compliance, sampling, and testing requirements set forth in Regulation .10 of this chapter; or

Dispose of the crop.

Proof of THC Compliance. A licensed grower producing hemp greens, hemp microgreens, or hemp transplants shall maintain for 3 years records showing proof of THC compliance of seeds or propagules used to produce these crops.

Sales Records. A licensed grower producing hemp transplants shall maintain for 3 years records showing the name and address of persons to whom the transplants were sold or transferred.

Notify the grower to stop the harvest and shipment of any plants or plant material harvested from the tested area;

Send a representative from the Department to conduct an inventory of the harvested and unharvested plants from the area that was tested;

Offer options for retesting and remediation consistent with remediation guidelines approved by U.S. Domestic Hemp Production Program; and

Offer options for disposal.

Fails to comply with the Department's plan for monitoring and regulating the production of hemp;

Misrepresents the legal description of land on which hemp is produced;

Produces hemp without a valid license;

Produces plants, or any part of a plant, that exceeds a delta-9-tetrahydrocannabinol concentration of 0.3 percent on a dry weight basis;

Violates the licensing terms set forth in Regulation .04D of this chapter;

Provides false or misleading information in any report, record, or other document required under this chapter or during the course of an inspection conducted under this chapter;

Hinders or obstructs an authorized agent of the Department or any other law enforcement officer from entering the licensed area for the purpose of collecting, sampling, or inspecting hemp;

Fails to maintain all records pertaining to hemp production required by this chapter and to make these records available during normal business hours for copying and inspection by the Department or other law enforcement agency;

Fails to submit complete, signed, and accurate reports required under Regulation .08 of this chapter;

Fails to dispose of hemp as directed by the Department;

Is found to be growing or in possession of hemp not in compliance with these regulations;

Is convicted of a felony related to a controlled substance under state or federal law;

Cultivates or stores hemp on any site not listed in the application;

Represents hemp seeds which are indistinguishable by the plant's characteristics to be of a recognized variety, without having adequate information for such variety representation; or

Violates any provision of this chapter.

If it determines that a violation is a negligent violation, the Department, in lieu of sanctioning the person as provided in §A of this regulation, may issue a corrective action plan, affording the person an opportunity to correct that violation and come into compliance. A person may not have more than one negligent violation per growing season. A negligent action includes, but is not limited to, the following:

The corrective action plan issued by the Department shall include the following:

If the person fails to implement or comply with the corrective action plan, the Department may proceed to suspend or revoke the grower's license to produce hemp as provided in §A of this regulation.

If the Department determines that a person has violated this chapter three times in a 4-year period, that person is banned from producing hemp for a period of 5 years beginning on the date of the third violation.

If the Department determines that a person has violated the Program with a culpable mental state greater than negligence, the Department shall:

If the Department issues a Notice of Suspension, the grower may not harvest or remove cannabis from the premises where hemp or other cannabis was located at the time the Department issued this notice.

As soon as possible after the Notification of the Suspension, the Department shall inspect the grower's premises and perform an inventory of all hemp and hemp products that are in the grower's possession.

The Department shall schedule a license revocation hearing for a date as soon as practicable after the Notification of Suspension, but in any event not later than 60 days following the notification of suspension.

The facts that are asserted pertaining to the violation;

The pertinent statutory and regulatory sections under which the Department is taking its action;

The Department's determination whether the person's conduct constitutes a negligent violation or a violation with a culpable mental state greater than negligence;

A statement explaining whether the Department has informed law enforcement of the violation;

The sanction proposed, if any, as a result of the Department's action; and

Unless a hearing is automatically scheduled, notice that the person may request a hearing within 20 days from receiving the notice of the violation; what, if anything, the person shall do to receive a hearing; and the direct consequences, including sanctions, if any, of the person's failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing.

For each new licensee that is an individual, the report shall include:

For each new licensee that is a business entity, the report shall include:

For each licensee that was included in a previous report and whose reported information has changed, the report shall include the previously reported information and the new information, including the following:

The name and address of the licensee;

Producer license number;

Location information, such as a lot number, location type, and GPS coordinates or other location descriptor for the production area subject to hemp disposal;

Information on the agent handling the disposal; and

Documentation or traceability from seed acquisition to harvest or crop termination.

Total planted acreage;

Total harvested acreage; and

Total acreage disposed.