What states currently have industrialized hemp laws on the books?

United States Industrial Hemp Legalization

  • Stipulates that industrial hemp growers register with the state and prohibits the possession of resin, flowering tops, or leaves removed from the hemp plant. Creates registration and renewal fees for commercial growers of industrial hemp and organizes a five year review of industrial hemp’s economic impact. The provisions of the law do not become operative unless authorized by federal law.

  • Legalized the growing and possession of industrial hemp and establishes a pilot program to study land remediation.

  • Creates a feasibility study on industrial hemp and by January 1, 2015 a report made to the legislature on the Commissioners of Agriculture, Consumer Protection, and Economic and Community Development.

  • Established industrial hemp for use in academic research.

  • Establishes the University of Hawaii at Manoa to create a program to study industrial hemp remediation and biofuel crop program and a report on the rate of contamination update, carbon fixation, and viability of hemp as a biofuel. Provides criminal and civil immunity.

  • From the National Conference of State Legislatures summary of Illinois law: “(1) the industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; (2) the pilot program studies the growth, cultivation, or marketing of industrial hemp; and (3) any site used for the growing or cultivating of industrial hemp is certified by, and registered with, the Department of Agriculture. Before conducting industrial hemp research, the Department of Agriculture and local law enforcement must be informed in writing. Institutions of higher education must provide quarterly and annual reports to the Department of agriculture and are subject to inspection.  The annual report is due on or before October 1. Allows the Department of Agriculture to adopt rules to comply with federal rules or to adopt emergency rules deemed necessary to public interest safety and welfare.

  • From the National Conference of State Legislatures summary of Kentucky law: “Establishes research on industrial hemp and industrial hemp products. “Industrial hemp means all parts and varieties of the plant cannabis sativa, cultivated or possessed by a licensed grower, whether growing or not, that contain a tetrahydrocannabinol concentration of one percent (1%) or less by weight, except that the THC concentration limit of one percent (1%) may be exceeded for licensed industrial hemp seed research. “The Department of Agriculture shall promote the research and development of markets for Kentucky industrial hemp and hemp products after the selection and establishment of the industrial hemp research program and the Industrial Hemp Commission…” Includes language that “Kentucky shall adopt the federal rules and regulations that are currently enacted regarding industrial hemp and any subsequent changes thereto.” On Feb. 19, 2014, Kentucky announced five pilot hemp projects that would be used across the state, including one project that would research whether industrial hemp could be used to remediate tainted soil.

  • Industrial hemp that does not contain more than .3% tetrahydrocannabinol is an agricultural product and “an individual in this state may plant, grow, harvest, possess, process, sell, or buy industrial hemp if the industrial hemp does not contain more than 0.3% tetrahydrocannabinol.” Requires hemp growers to be licensed by the state and establishes a defense to prosecution  under the criminal code for marijuana possession or cultivation.

  • Permits the growth and cultivation of industrial hemp by a post secondary institution or the Department of Agriculture and exempts industrial hemp from the Uniform Controlled Substances Act.

  • Establishes that industrial hemp not containing more than .3% is considered an oilseed, requires industrial hemp growers be licensed by the state, and “any person in this state may plant, grow, harvest, possess, process, sell, and buy industrial hemp (cannabis sativa l.) having no more than .03 percent tetrahydrocannabinol.” Also allows that North Dakota State University and ANY other person licensed may import and resell hemp seed that has been certified not to contain more than the legal requirement for tetrahydrocannabinol.

  • Legislation excludes industrial hemp from the definition of “controlled substance” and requires that growers be licensed by the state. Authorizes: “industrial hemp production and possession, and commerce in industrial hemp commodities and products.”

  • Allows for industrial hemp to be grown lawfully and excluded from the definition of marijuana. Prohibits growing marijuana near industrial hemp so that hemp cannot be used to disguise the growth of marijuana.

  • Provides for licensing fees and authorizes the growing of industrial hemp subject to the regulation by the Department of Agriculture. The law specifies that industrial hemp is not marijuana but can be categorized as a controlled substance and gives the Department of Agriculture the right to inspect the crop for compliance.

  • The Department of Agriculture and a certified higher education institution may grow industrial hemp for education. Allows for the possession of hemp extract for individual with epilepsy or an individual who cares for a minor with epilepsy. Creates a hemp extract registration card and requires maintenance of medical records and a database of neurologist evaluations.

  • The law in West Virginia stipulates that industrial hemp is considered an agricultural crop if grown for the purposes authorized and remains under 1% THC. Requires hemp growers be licensed by the state and creates a complete defense to prosecution under criminal code for marijuana possession or cultivation.

  • Establishes that industrial hemp growers be licensed, that industrial hemp is an agricultural product which may be grown and commercially traded, and sets compliance limit for industrial hemp at no more than .3% THC.

  • Established a committee to study growth and industrial hemp in New Hampshire.

  • Stipulates that industrial hemp growers be licensed by the state, permits a person who holds a license to plant, grow, harvest, sell and buy industrial hemp, and prohibits the state from issuing a license unless “The United States Congress excludes industrial hemp from the definition of “marihuana” for the purpose of the Controlled Substances Act, 21 United States Code, Section 802(16); or…the United States Department of Justice, Drug Enforcement Administration takes affirmative steps towards issuing a permit under 21 United States Code, Chapter 13, Subchapter 1, Part C to a person holding a license issued by a state to grow industrial hemp.”