Industrial Hemp
FREQUENTLY ASKED QUESTIONS
The 2018 Farm Bill defined hemp as an agricultural commodity and removed it from the controlled substance list. Producers across the country may now legally farm hemp as part of an approved hemp regulatory program. Since the 2018 Farm Bill passed, the Alabama Department of Agriculture and Industries (ADAI), Alabama Cooperative Extension System (ACES), and the Alabama Agricultural Experiment Station (AAES) have been inundated with questions from across the state. Please review the FAQs below to see if your question is answered before calling the Department.
APPLYING FOR A HEMP LICENSE
  1. How do I apply for a hemp license?
    Submit an application to grow, process, or handle hemp during the annual application period in the Fall of each year online, by email to plant.protection@agi.alabama.gov, or by mail to Alabama Department of Agriculture and Industries, Hemp Program, 1445 Federal Drive, Montgomery, AL 36107.

    Under no circumstances will consultants, advisors, or brokers be allowed to submit applications or other forms on behalf of an applicant.
  2. Where can I get an application?
    Applications for hemp growers, processor/handlers, and university research will be posted on the ADAI website (http://agi.alabama.gov/industrial-hemp) prior to the annual application period.
  3. Are there additional requirements to apply for a hemp license as a business, corporation, or partnership?
    You must submit your formation documents along with your application.
  4. When is the annual registration period for the 2020 growing season?
    The 2020 Hemp Program Registration period for Growers, Processors/Handlers, and Universities will run from October 7, 2019 to November 14, 2019.
  5. If I have more than one growing or processing/handling area, must I submit an application for each?
    No. A single hemp grower application will cover every growing site. Likewise, a single processor/handler license will include all processing sites. You will, however, be required to submit a participation fee of $1000 per growing or processing area.
  6. What is the cost of participating in the Alabama hemp program in 2020?
    There is an initial, non-refundable application fee of $200 that must accompany the completed application. If approved, there is a $1000 license fee per growing area. Those who wish to participate in the Alabama Hemp Program must reapply every year during the designated application period. You may apply and pay online or remit a check made out to the Alabama Department of Agriculture and Industries or ADAI.
  7. May I pay my hemp application fee online?
    Yes. ADAI can now take credit card payments online for hemp applications. Go to the Applications page on the ADAI hemp website, where you may choose to pay online or complete and print out an application form to submit with a check.
  8. If I have more than one growing or processing/handling site, must I pay a fee for each site?
    Yes. A participation fee of $1000 is required for each growing or processing/handling site. Be sure to list the GPS coordinates and other requested information for each site.
  9. How do I apply for a hemp license if I have more than one growing or processing site?
    If you plan to pay online by credit card, the application will walk you through the process.

    If you plan to pay by check or money order, complete the application posted online for each site. You will be required to pay a $1000 participation fee by January 15, 2020 for each approved site. You need to pay only one (1) $200 application fee no matter how many sites you apply for.
  10. May I submit a resume or other documents rather than filling in all of the spaces on the ADAI hemp program application form?
    No. The hemp program application form must be filled completely, leaving no blank spaces. You may attach additional documents if you wish, but they do not substitute for completing the application form. Incomplete applications will not be reviewed.
  11. What happens if an incomplete or incorrect application is submitted?
    The applicant will be informed that the application is incomplete or incorrect (regarding the type of information – not the content or quality of the information). The applicant may correct the application and resubmit before the deadline. No application will be reviewed, and no licensing agreement prepared unless the application is complete and all requested information is submitted. It is incumbent upon the applicant to ensure that the content of the application is correct.
  12. How do I submit GPS coordinates?
    The instructions for determining GPS coordinates of growing, handling or processing sites will be posted on the ADAI hemp website and covered during the mandatory orientation meeting.
  13. How do I obtain a background check?
    Instructions for obtaining a background check can be found at http://agi.alabama.gov/industrial-hemp/applications
  14. I am submitting an application as a member of a partnership. Must I submit all the requested information on each partner?
    No. We require only one authorized contact person to complete the application. That person will be the primary contact between the applicant and ADAI. You may designate up to two additional contacts.
  15. If my application is approved, can my brother/wife/secretary/farm manager/partner discuss the application, request information, or submit forms to ADAI on my behalf?
    Only if they were designated as an alternative contact on your application will ADAI communicate with anyone other than the applicant. You should carefully consider who will be designated as a contact on your application, as these are the only people with whom ADAI will communicate about your application or license. Remember that a fee will be charged for changes to your license information after the license has been issued.
  16. How do I amend information on my application?
    Change forms will be posted on the ADAI hemp website. There will be a $1000 change fee for any changes made after you receive your hemp license. No changes to a license will be accepted after July 31, 2020.
GPS COORDINATE DETERMINATION AND SUBMISSION
  1. Why are GPS coordinates required for growing or processing sites in the Alabama hemp program?
    Correct GPS coordinates allow ADAI inspectors to more easily find a site for inspection. GPS coordinates submitted by applicants are also forwarded to law enforcement so that officers may differentiate between a legal hemp site and an illegal marijuana site.
  2. How do I submit GPS coordinates?
    The instructions for determining GPS coordinates of growing, handling or processing sites will be posted on the ADAI hemp website.
  3. What if the GPS coordinates that I submit for my site are incorrect?
    If the GPS coordinates are in the wrong format, the applicant will be informed so that they can make the necessary corrections. ADAI will not check to verify that the GPS coordinates indicate the correct location, and will forward what was submitted by the applicant to law enforcement. If the GPS coordinates indicate the wrong location, law enforcement officers surveying for marijuana may conclude that plants observed at an unidentified site are marijuana rather than legally-grown hemp.
  4. If a grower has a 200-acre property that has several approved sites within the 200 acres, should the grower provide GPS coordinates for each site or for the entire 200-acre property?
    GPS coordinates must be provided for each approved site.
APPLICATION REVIEW AND ISSUANCE OF LICENSE
  1. When reviewing applications every year, does ADAI grandfather-in licensed program participants from the previous year?
    No
  2. When will I receive my hemp license?
    Signed license agreements displaying your license number will be distributed at the mandatory orientation meeting in February.

    A Licensing Agreement will be included in the Alabama Hemp Program acceptance email. The applicant must sign, date, and return the Licensing Agreement before January 15. 2020. You must also remit the $1000 Participation Fee for each approved site by that date.
  3. Is it possible to change the name on my license after it has been issued?
    No. Carefully consider if you want your license to be in your name as an individual or a company name, because you will not be able to change the name on the license after it has been issued.
  4. What if I cannot attend the mandatory hemp orientation meeting?
    The orientation meeting to be held in Montgomery in early February is required for all grower, processor/handler, and university applicants. There will be several dates to choose between. If you are unable to attend the orientation meeting on any of the dates on which it will be held, you may send an alternative in your place. The alternative must be a designated contact, and must have a working knowledge of your application and growing/processing plan. Due to limited seating, ADAI requests that you limit registration to one attendee per license. Under no circumstance will more than two people be allowed to attend per application.

    ADAI will not mail completed licenses. If no representative for your application attends a session of the mandatory orientation meeting, you will be required to contact ADAI and make an appointment to meet with an ADAI hemp program staff member to discuss your application and license. ADAI will not issue any licenses prior to the mandatory orientation meeting.
  5. When and how do I register for the mandatory orientation meeting?
    Individuals approved for the Alabama hemp program will register online after acceptance emails have been sent to hemp program applicants. Instructions will be included in that email.
  6. May I sell my hemp license or allow another person to grow or process hemp under my license?
    No. You are prohibited from selling or transferring your license. You must also agree not to allow another person to grow or process hemp under your license. Each program participant must apply for and receive a separate Grower License or Processor/Handler License.
SEED AND CLONE ACQUISITION
  1. Will ADAI provide seed or clones to registered growers?
    No. The State of Alabama will not provide seed, clones or other materials necessary for the production of hemp.
  2. Is there a list of approved hemp varieties for growing in Alabama?
    No. After harvest of the 2019 Alabama hemp crop, ADAI will have a better idea of which hemp varieties tend to test lower than the 0.3% tolerance for THC. However, Seed/Propagule Acquisition Request forms will continue to be required due to the variability between seed/propagule sources and between test results from different labs, as well as between varieties.
  3. How do I purchase hemp seed or clones for planting?
    After you receive your license (and only then), you must submit a completed Seed/Propagule Acquisition Request Form, which is posted on the ADAI hemp website along with all required documentation. You must provide certification that the seed/propagule source is part of a state hemp program, and a certificate of analysis (COA) showing that material grown from the seeds purchased will contain no more than 0.3% total Δ-9-THC by weight. You may not purchase the seed or clones until ADAI approves your Seed/Propagule Acquisition Request.

    ADAI also requires copy of your invoice or other documents showing the source, the amount of seed/number of seedlings purchased, and the scheduled time of delivery to your address.
  4. Does ADAI require that hemp seeds or clones be delivered to the ADAI building in Montgomery for inventory?
    No. You may have your seed or clones delivered to the address provided on your application. (It is prohibited to possess hemp at any location that is not licensed.) ADAI will inventory the seed sold for the Alabama hemp program using the documents that you provide, as well as spot check visits by an ADAI Plant Protection inspector.
  5. Does ADAI have to inspect the hemp seed or clones that I purchased before I can plant?
    ADAI will conduct random inspections to assure compliance with the Alabama hemp regulations. Unless you are instructed to delay planting until an inspection has been conducted, you may plant your seed or clones as soon as you receive them. Be aware that ADAI inspectors may inspect your grow site(s) at any time during the season.

    It is highly recommended by ADAI Seed Testing & Regulatory section, that all lots of seed be tested, prior to planting, for Germination, Purity and Noxious Weed Seed content. All documents (Invoices, Bill of Laden, etc.) should be available for review by ADAI inspectors, to assure compliance of the Federal Seed Act (FSA) as well as ADAI Seed Laws and Regulations.
HEMP SITE SECURITY
  1. Are licensees in the Alabama hemp program required to have security measures around their growing or processing sites?
    No specific security measures or signage for hemp sites are required by the Alabama hemp program. However, licensees are advised to evaluate the likelihood of theft or vandalism at your hemp site and take common-sense steps to prevent that.
  2. Is it permitted to have a field day or open house to showcase my hemp field or processing site?
    No. Because anyone handling unprocessed hemp must have a hemp license, the general public must not be permitted access to hemp crops or unprocessed hemp at processing sites.
  3. If I experience theft or vandalism of my hemp, what steps am I required to take?
    Report theft or vandalism to local law enforcement as soon as you discover the incident. You are required to notify ADAI of any theft of hemp within three (3) calendar days of the occurrence. You must also notify ADAI of any interaction with a representative of a law enforcement agency immediately by phone (334-240-7225) and follow up in writing (plant.protection@agi.alabama.gov) within three (3) calendar days.
PESTICIDE USE ON HEMP
  1. What pesticides are approved for application to hemp in Alabama?
    In Alabama, all pesticides must be registered with ADAI to be legally used, and only those pesticides that are registered with the U.S. Environmental Protection Agency (EPA) or exempt under Section 25(b) of FIFRA from EPA’s registration process can be registered in Alabama. Please be aware that all pesticide products including federally exempt products commonly called 25(b) products must be registered in Alabama prior to sale or use.

    When choosing pesticides for use on hemp, please consider the following: 1) the active ingredient must be exempt from the requirements of a tolerance on all food crops, 2) the label must have directions for use on unspecified food crops, 3) the pesticide must be registered by the EPA or exempted from registration, 4) the pesticide must be registered by ADAI, and 5) the label must be sufficiently broad to include hemp and not prohibit its use on hemp.

    ADAI may perform pesticide inspection and testing on a random basis or if representatives of the Department have reason to believe that a pesticide may have been applied to hemp in violation of the product label. Hemp seeds, plants, and materials bearing pesticide residue in violation of the label shall be subject to forfeiture or destruction without compensation.

    It is also important to note that most processing companies will be testing for pesticide residues, and each pesticide has a residue limit. If the hemp exceeds that limit, then it fails. Therefore, every grower is encouraged to speak with their processing company to make sure they are compliant before applying any chemical.

    A complete copy of Alabama’s laws and regulations governing the use of pesticides is available at http://agi.alabama.gov/divisions/pesticide-management/pesticide-rules-and-regulations. For recommendations of pesticides that may be used on hemp, contact your local or regional Alabama Cooperative Extension System office.
  2. Is it legal to use a pre-plant herbicide on my hemp field?
    A licensed grower who uses a pesticide on a site where hemp will be planted shall comply with the longest of any planting restriction interval on the product label prior to planting the hemp. Not adhering to these label requirements is a violation of the Alabama Pesticide Act and could result in plant damage and/or illegal pesticide residues. For recommendations of pesticides that may be used on hemp, contact your contact your local or regional Alabama Cooperative Extension System office.
  3. How do I know if a pesticide is approved to use on hemp?
    In Alabama, all pesticides must be registered with ADAI to be legally used, and only those pesticides that are registered with the U.S. Environmental Protection Agency (EPA) or exempt from EPA’s registration process can be registered in Alabama. For information on how to read a pesticide label, go to https://pesticidestewardship.org/homeowner/how-to-read-the-label.

    For recommendations of pesticides that may be used on hemp, contact your local or regional Alabama Cooperative Extension System office.

    Hemp That Will Not Be Consumed: When determining those pesticides that may be used on hemp that will not be consumed by humans, products must meet the following criteria: 1. The label lists “hemp” as a use site, or the label language is sufficiently broad to include hemp and does not specifically prohibit its use on hemp; 2. The pesticide is registered federally by the EPA or exempted from registration; and 3. The pesticide is registered by ADAI. Information regarding ADAI’s pesticide product registration process is available here and currently registered pesticides are available at http://npirspublic.ceris.purdue.edu/state.

    Hemp That Will Be Consumed: When determining those pesticides that may be used on hemp that will be consumed by humans, products must meet the following criteria: 1. The active ingredient is exempt from the requirements of a tolerance on all food crops (i.e., auxins, select biopesticides, copper, cytokinins, gibberellins, petroleum oil, phosphorous acid, pyrethrins, soap, sulfur, common consumer food commodities, edible fats, and oils). Information regarding food tolerances for pesticide ingredients may be found at: https://www.epa.gov/pesticide-tolerances/how-search-tolerances-pesticide-ingredients-code-federal-regulations. 2. The label has directions for use on unspecified food crops; 3. The pesticide is registered by the EPA or exempted from registration; 4. The pesticide is registered by ADAI; and 5. The label language is sufficiently broad to include hemp and does not specifically prohibit its use on hemp. It is expected that in the future, EPA will undertake activities to register pesticides that specifically include use on hemp that is grown for consumption.
  4. What is the Worker Protection Standard, and how do I know if I must comply?
    Pesticide usage in the production of hemp must comply with label instructions and may also require compliance with the federal Worker Protection Standard. If required, the pesticide label will include an “Agricultural Use Requirements” box. For information on the Worker Protection Standard, go to http://agi.alabama.gov/docs/default-source/pesticde-management/pesticide-use-on-hemp-2019.pdf. If you use a pesticide with Worker Protection Standard requirements you are subject to inspection by the Department to ensure compliance with the requirement. It is important to protect your workers and handlers from exposure to pesticides.
  5. A hemp grower in another state said that he uses a specific insecticide on his crop. Does that mean the same pesticide is legal for use on hemp in Alabama?
    Be cautious of recommendations for pesticide products from a source other than the Alabama Cooperative Extension System (ACES) or ADAI. These are the only two agencies working to ensure the legal use of pesticides on hemp within the state of Alabama. The use of an unapproved product on hemp will result in complete crop destruction. Lists of approved pesticides from other states where hemp is grown SHOULD NOT be followed as a guide for use in Alabama. Each state has its own regulations regarding pesticide use on hemp, and pesticides approved for use on hemp in another state may not be approved for use in Alabama. ACES and ADAI are continuing to work on creating a complete list of pesticides that can be used on hemp and are registered in Alabama. For recommendations of pesticides to use on your hemp crop, as well as other questions about the cultivation of hemp in Alabama, please contact your local Alabama Cooperative Extension System office.
  6. Who should I contact with questions about insects, diseases, or crop management of hemp?
    The Alabama Cooperative Extension System (ACES) is the primary organization to deliver research-based educational programs on agricultural production and economics. The Extension Hemp Action Team has been working diligently to identify pest problems in hemp, as well as develop cultural recommendations for hemp growers.

    Please contact your local or regional ACES office with questions about hemp production. The Plant Protection Division of ADAI is a regulatory agency, and as such, it is prohibited from making recommendations on crop production.
  7. I will be selling my hemp crop to a processor that has specific requirements for pesticide residues. Is it OK to just use my processor’s recommendations?
    Before applying any pesticide to hemp, it is crucial for growers to speak with their processing company to ensure their crop will be compliant. Processors have a separate set of regulations regarding both allowable pesticides and residue limits. If the hemp has been treated with a pesticide not approved by the processor, or the pesticide residues are too high, the crop will fail and be rejected. However, growers are prohibited from applying any pesticide unless it is registered for use on hemp in Alabama, so you must comply with both sets of requirements.
  8. For drift potential and cross pollination issues, will ADAI provide a list of farmers in my area?
    No
HEMP SAMPLING AND THC ANALYSIS
  1. What chemical does ADAI test for to determine THC level in hemp?
    ADAI measures the Total Δ-9-tetrahydrocannabinol (Total Δ-9-THC) concentration. This is the same chemical component for which most state hemp programs analyze, and the chemical component analysis required by the 2018 Farm Bill. The 2018 Farm Bill defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” In addition, the 2018 Farm Bill requires each state to submit its hemp program plan for approval by USDA. One of the requirements set forth is that the plan must include “a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe.”

    The Total Δ-9-THC concentration must not exceed 0.3% by dry weight in order for the Cannabis sativa plant to be considered hemp.
  2. Is there a cost for the required pre-harvest sampling and THC analysis by ADAI?
    The $1000 Participation Fee includes one (1) sample and analysis of one (1) plot. The fee for sampling and analysis of additional harvests, varieties, and plots will be billed to the licensed grower. The fee for additional analyses is $250 each.
  3. Will pre-harvest sample analysis results be complete before harvest and/or sale?
    The ADAI Food and Drug Lab is analyzing the pre-harvest hemp samples. The turn-around for results currently is less than 1 week.
  4. May I move my harvested crop before the test results for THC are complete?
    Usually, No. You must not move your crop until you have received a Release/Move permit from ADAI. An exception is made to allow you to move your crop to an in-state processor or dryer, but it MUST NOT be commingled, extracted, or shipped out of state until you have received a Release/Move permit from ADAI.
  5. What is the procedure that ADAI follows in taking a pre-harvest hemp sample?
    The protocol (SOP, or Standard Operating Procedure) for sampling that ADAI follows is posted on the ADAI hemp website under “Resources.”
  6. What happens to my hemp crop if the analysis reveals that it has >0.3% total Δ-9-THC?
    ADAI will take a post-harvest sample to assure that the THC level was not due to a sampling error. If the THC level on the second test is greater than 0.3%, the field will be destroyed.
  7. What happens if my pre-harvest sample tests above the 0.3% THC limit and I’ve already sold my crop?
    Moving harvested hemp without a Release/Move permit issued by ADAI is prohibited by the Alabama Hemp Program requirements. If you violate the Alabama Hemp Program requirements in this or any other way, you are in jeopardy of having your hemp license revoked.
  8. May I have my crop analyzed for THC level by a private lab instead of by ADAI?
    Participants in the Alabama hemp program may send samples of their crop to private labs to determine THC levels and other purposes. However, the THC analysis by private labs are not considered official samples so they will not substitute for the pre-harvest sample taken by ADAI inspectors.

    Intended transfers of industrial hemp materials to testing labs for the sole purpose of determining phytocannabinoid levels of a sample are restricted to individual samples that must not exceed 1 lb. (0.45 kg) per sample. Samples must be sent directly to the lab at the company address and be appropriately labeled. A participant’s choice to send floral materials to a lab for testing is at their own risk. ADAI has no authority to authorize or regulate industrial hemp materials once they exit Alabama. For all lab transfers, program participants must be prepared to produce a copy of their hemp license upon request by the ADAI hemp staff, the Alabama Law Enforcement Division, or another law enforcement agency. The participant must ensure that a copy of their license accompanies the material in transit. All hemp materials must be appropriately identified or labeled during transit.
  9. Will ADAI recommend or provide a list of private labs?
    No
HARVESTING HEMP CROP
  1. Why am I required to notify ADAI before I harvest my hemp?
    Plants from each hemp plot must be sampled and analyzed prior to harvest to assure that they contain no more than 0.3% total Δ-9-THC by weight. The 14-day notice is required to enable ADAI inspectors to schedule pre-harvest sampling as close to the requested harvest date as possible. Bear in mind that most Alabama hemp growers will be harvesting their crop within the same few weeks of time. The 14-day notice allows the ADAI hemp staff to coordinate sampling of plots with others nearby.
  2. Can I request a specific date for the harvest sampling by ADAI?
    By specifying your harvest date, you can be assured that the ADAI hemp staff will make every effort to schedule your pre-harvest inspection and sampling as close to that date as possible. No inspections/sampling will be scheduled for weekends or holidays.
  3. How soon must I harvest my hemp crop after ADAI takes the pre-harvest samples?
    Hemp must be harvested within 14 days of sampling. If the harvest has not been completed after 14 days, a new Harvest/Destruction form must be submitted.
PROCESSING HEMP
  1. How do I find a processor for my hemp crop?
    There is a list of some of the Alabama licensed hemp growers and processors on the ADAI website at http://agi.alabama.gov/industrial-hemp/processor-grower-list. Please be aware that this is not a complete list of growers and processors, as this list contains only those license holders who elected to have their contact information published. ADAI does not recommend or endorse any of these license holders or affiliated companies.

    Other sources for finding processors include hemp grower associations and websites for hemp programs in other states.
  2. What documents must a hemp grower provide to the processor?
    The processor must ensure that growers from whom they purchase hemp are licensed in their state hemp program, so they must have a copy of the grower’s hemp license. They must also be sure that the grower provides a release or transfer form from their state hemp program.
  3. Will the State of Alabama buy my hemp if I am unable to find a processor?
    No. The State of Alabama will not purchase your hemp crop under any circumstance.
SELLING HEMP AND HEMP PRODUCTS
  1. What kind of license is required for the retail sale of CBD oil and other hemp products?
    Retail sale of processed hemp products does not fall within the regulatory authority of the Plant Protection Division of the Alabama Department of Agriculture and Industries.
  2. Is it legal for a grower in Alabama’s hemp program to sell floral parts (buds) or other unprocessed hemp to the public?
    No. Refer to the Alabama hemp regulations under Resources. Anyone handling hemp must be licensed in the Alabama hemp program. If you sell to the public, you are selling a regulated article to an unlicensed person. In addition, it is illegal to sell viable (able to produce a new plant under the right conditions) parts of the hemp plant to the public. Hemp buds may contain viable seed, so the Alabama hemp regulations prohibit the sale for that reason as well.
  3. Is selling processed hemp products allowed at Alabama Farmers Markets?
    Products such as lotions and salves made from hemp seed or hemp-derived CBD is allowable for sale at Alabama farmers markets. However, the law has not been clarified as to whether the sale of CBD oil is legal in Alabama. Therefore, the sale of CBD oil derived from hemp is currently not allowed in AL farmers markets. Sale of unprocessed hemp is prohibited.
  4. I want to sell hemp seed, hemp seedlings (geminated seed) and hemp clones (rooted cuttings) to other growers in Alabama. May I do that under my hemp growers license in the Alabama hemp program?
    No. In order to legally sell growing plants (seedling or clones), you must be a registered nursery grower through the Plant Protection Division. The application to register as a nursery grower may be found at http://agi.alabama.gov/divisions/plant-protection#forms.

    In order to legally sell seed in Alabama, you must have a seed dealer permit from the Agricultural Compliance Division. The application for a seed dealer permit may be found at http://agi.alabama.gov/AgComp.

    You must also provide your customer with a certificate of analysis (COA) for the seed, seedlings, or plants that you sell, as well as documentation that you are a licensed grower in the Alabama hemp program. You may not sell hemp seed or plants to anyone who does not have a current license in the hemp program in their state.
  5. I ordered too many seed/clones, and my friend, who is also a licensed hemp grower, needs more seed/clones. Is it permissible for me to sell or give my extra seed/clones to him?
    No. Refer to the previous question. A hemp grower license does not permit you to sell hemp seed or clones. You must also apply for a seed dealer permit to sell hemp seed. You must apply for a nursery grower license to sell, offer, or distribute plants for planting, including hemp.
  6. I am a hemp seed dealer located in another state. Am I required to be licensed in Alabama to sell hemp seed there?
    Yes. In order to legally sell seed in Alabama, you must have a seed dealer permit from the Agricultural Compliance Division. The application for a seed dealer permit may be found at http://agi.alabama.gov/AgComp.
TRANSPORTING HEMP
  1. What documents must accompany a shipment of harvested hemp from the grower to the processor?
    The following documents must accompany a shipment of harvested hemp to a processor
    • A Release/Movement form supplied by ADAI (or from their state’s hemp program) after sampling and testing.
    • A copy of the hemp grower’s license.
    • A copy of the hemp license for the processor to whom the hemp is being taken.
  2. What documents must accompany the shipment of harvested hemp coming to a processor in Alabama from other states?
    The following documents must accompany a shipment of harvested hemp coming into Alabama from other states:
    • A Release/Movement form, Certificate of Analysis (COA), or similar form from the home state showing that the hemp being transported contains no more than 0.3% Total Δ-9-tetrahydrocannabinol (Total Δ-9-THC) by dry weight.
    • A copy of the hemp grower’s license.
    • A copy of the hemp license for the processor to whom the hemp is being taken.
  3.  Is special documentation required to ship seed or clones from a supplier to the grow site?
    The transport of unprocessed hemp of any type requires:
    • A Release/Movement form, Certificate of Analysis (COA), or similar form from the home state showing that the hemp being transported contains no more than 0.3% Total Δ-9-tetrahydrocannabinol (Total Δ-9-THC) by dry weight.
    • A copy of the hemp supplier’s license.
  4. Does it make any difference in the required documentation if I transport my own hemp rather than pay a third party to transport it?
    No matter who transports hemp, the same documents are required:
    • A Release/Movement form, Certificate of Analysis (COA), or similar form from the home state showing that the hemp being transported contains no more than 0.3% Total Δ-9-tetrahydrocannabinol (Total Δ-9-THC) by dry weight.
    • A copy of the hemp grower’s license.
  5. What happens to a shipment of hemp that is not accompanied by a hemp license?
    You may be stopped by law enforcement at any time and asked to provide documentation showing what crop is being transported. Because there is no test that law enforcement can conduct that will differentiate between hemp and marijuana, they may confiscate the shipment and arrest the driver.
GENERAL QUESTIONS
  1. Are there grants or other financial assistance available through the State of Alabama for participants in the hemp program?
    No. The State of Alabama does not provide any financial assistance to growers or processor/handlers.
  2. Does hemp have crop insurance, price support, and other programs similar to the traditional agronomic crops grown in Alabama?
    Not at this time. These programs may be available after USDA issues the final rules and regulations required by the 2018 Farm Bill.   

    Information on whole-revenue insurance program from USDA AMS: https://www.rma.usda.gov/News-Room/Press/Press-Releases/2019-News/Hemp-Crop-Insurance-Coverage-Available-for-2020
  3. Is there economic feasibility information available from AU, ACES, or the AAES on producing IH?
    Very little. Because of the historical moratorium on hemp research, there are no current feasibility studies for hemp production in Alabama. The amount of economic and production information about hemp will increase with each year that research is conducted in Alabama.

    Many states have published pilot research and production information which can be found on the internet. Some examples include:
  4. What is the minimum growing size required in the Alabama Hemp Program?
    Outside: One (1) acre or 1000 plants.
    Greenhouse: 1500 square feet or 500 plants
  5. I have read that other states have received approval from the USDA for their producers to plant hemp as an unregulated crop in 2019. Why doesn’t Alabama have the same approval?
    To date, no other states have received USDA approval to plant hemp as an unregulated crop in 2019. While some states may have submitted their hemp programs to USDA, all state hemp programs are operating under the 2014 Farm Bill for pilot research programs. Even under the 2018 Farm Bill, the growing of hemp in the Unites States will be regulated under either USDA or State authority.
  6. Does a hemp license exempt a program participant from complying with state and federal laws related to marijuana?
    No. A hemp license only authorizes its holder to grow or process hemp within the bounds of ADAI’s hemp program or a licensed university’s research program. All state and federal laws pertaining to marijuana still apply, and licensees may be prosecuted for violating those laws.
  7. Is the hemp pilot program the ground floor for medical marijuana in Alabama?
    No. ADAI’s hemp pilot program concerns only hemp with Total THC levels below 0.3%. All plants with THC levels above that level fall outside the program and will be destroyed. In other words, the Alabama hemp program is not related to, nor does it regulate or seek to involve, growth of marijuana for any medical, research, or recreational purposes.
  8. When can I farm hemp just as I would cotton, corn, peanuts, or soybeans?
    A hemp grower or processor license and annual registration will continue to be required under the 2018 Farm Bill and the Alabama hemp regulations. Both the 2018 Farm Bill and the Alabama hemp regulations may be viewed on the Resources page of this website. Planting areas will be identified on your application to facilitate required monitoring and sampling of the crop. Even though the 2018 Farm Bill redefined hemp as an agricultural commodity, marijuana is still classified as a Schedule I drug. Production fields must be sampled before harvest to ensure that the THC level is below 0.3%, and thus hemp instead of marijuana.
  9. Is it legal to feed hemp products to animals?
    Hemp is currently prohibited from use in or as animal feed.