Frequently Asked Questions

If applying as an individual, the applicant must be a Missouri resident. If applying as an entity or business, the entity must be domiciled in Missouri, as evidenced with registration by the Secretary of State in Missouri.

For a Producer Registration, the applicant and all key participants must complete a state and federal criminal history fingerprint background check, and be clear of any controlled substance-related felonies in the last ten years. More details and guidance documents are available in the Background Check section on the Applications tab.

The application must include information about the parcel of land for planned operations. This includes the physical address, legal land description, GPS coordinates, size of the parcel, and a map of the location. More details and guidance documents are available in the Mapping section on the Applications tab.

Depending on your specific operation, you may be required to obtain one or both of the following for each operating site:

Producer Registration: Authorizes a person to grow, produce, or cultivate industrial hemp on their registered site. Once approved, these persons are authorized to sell their harvested, nonviable products once they are confirmed to have an acceptable hemp THC level.

• This registration is required for the production of industrial hemp at any scale and for any purpose.

Agricultural Hemp Propagule and Seed Permit: Authorizes a person to sell, distribute, or offer for sale any viable industrial hemp in Missouri, including propagules (transplants, cuttings, clones, seedlings, etc.) or seed on their permitted site. This permit is not required for the sale of nonviable hemp products such as baled fiber stalks, denatured grain, and dried, seedless floral material.

• Any authorized permit holder who holds or stores any agricultural hemp propagules for more than 48 hours is considered a producer and will be required to obtain a Producer Registration.
• A Missouri industrial hemp permit is not required for out-of-state persons to sell industrial hemp into Missouri unless they have an in-state presence, such as a brick-and-mortar location (even if not open to the public) or in-person sales or distribution within the state. However, if those businesses sell any other types of seed into Missouri, regardless of in-state presence, they are required to obtain a general Missouri seed permit to sell those products.
  • What Permit(s) Do I Need?

The Missouri Department of Agriculture does not regulate nonviable hemp, and does not issue licenses specifically for processing, extraction, nonviable sales, transportation, or handling. The use of hemp or hemp derivatives in animal and consumer products may be regulated by other governmental programs or entities on the state or federal level.

Possibly. If the sites are contiguous (sharing a border) and owned by the same person, the sites can be included in the same application using the Supplemental Parcel Attachment found on the Applications tab. Evidence of contiguity and same-ownership must be provided in the application packet. If the sites are either not contiguous or are not owned by the same person, the sites must be applied for separately, with separate fees.

Yes. The application fee is $750 per application. Once approved, a registration or permit is valid for three (3) years with continued compliance. To maintain the registration or permit, persons must submit an annual fee of $750 per registration or permit. All fees are nonrefundable. Other fees may arise to ensure compliance with state and federal laws, including inspection, sampling, and destruction fees. Additionally, persons may elect to hire other persons or entities to complete services necessary to comply with state and federal rules.

Under statute, indoor industrial hemp production cannot occur within a residential structure. There are no security requirements such as fencing, cameras, or signage for this program. You are encouraged to contact your local government for interpretation of municipal ordinances and regulations.

Every lot must be sampled within thirty (30) days prior to harvest by a Certified Industrial Hemp Sampler in accordance with the MDA Sampling Protocol.

A Certified Industrial Hemp Sampler is an individual who is authorized to collect industrial hemp samples in accordance with the MDA Sampling Protocol. Certified Industrial Hemp Samplers cannot sample for a registration in their name, in their employer’s name, or in which they are a key participant. More information and a list of Certified Industrial Hemp Samplers can be found on the Certified Industrial Hemp Samplers tab.

Producers are responsible for selecting a testing laboratory that fulfills all applicable requirements.

Registered Producers may select any testing laboratory that is ISO 17025 accredited and meets all state and federal testing and reporting requirements. After December 31, 2022, testing laboratories must also be registered with the Drug Enforcement Agency (DEA). Laboratories do not have to be within Missouri, but carrier policies should be reviewed prior to shipping.

A list of DEA-registered labs is available from USDA at: https://www.ams.usda.gov/rules-regulations/hemp/dea-laboratories. There is not currently a comprehensive list available for ISO 17025 accredited laboratories, but labs will often have their accreditation status posted online or available upon request.

A compliance sample analysis that is at or below 0.3% Total THC, within a margin of error known as the Measurement of Uncertainty, is considered compliant in Missouri.

THC (tetrahydrocannabinol) is measured as outlined in state and federal rule. THC is measured post-decarboxylation or other similarly reliable methods that consider the conversion of THC-A, or total THC calculations, and are approved by the United States Department of Agriculture (USDA). Methods that meet these requirements include gas chromatography and high-performance liquid chromatography.

A compliant sample will have an “acceptable hemp THC level” based on the laboratory-calculated “measurement of uncertainty”, which is similar to a margin of error.

From USDA: “For example, if a laboratory reports a result as 0.35% with a measurement of uncertainty of +/- 0.06, the distribution or range is 0.29% to 0.41%. Because 0.3% is within that distribution or range, the sample, and the lot it represents, is considered [compliant]. However, if the measurement of uncertainty for that sample was 0.02%, the distribution or range is 0.33% to 0.37%. Because 0.3% or less is not within that distribution or range, the sample is not considered hemp for the purpose of plan compliance, and the lot it represents will be subject to disposal [or remediation].”

Yes. Certificates of analysis for all samples used to determine compliance must be submitted to the department within seven (7) calendar days of receipt, preferably via email to reporting.hemp@mda.mo.gov. Laboratories may submit results on your behalf, but it is the producer’s responsibility to ensure program staff receives it.

Producers must notify the Department of all test results demonstrating non-compliance by submitting the certificate(s) of analysis within seven (7) calendar days of receipt, preferably via email to reporting.hemp@mda.mo.gov.

Producers may request the laboratory to retest their sample, and immediately notify the Department in writing (including via email to reporting.hemp@mda.mo.gov) of their intent to retest. While selecting a laboratory, producers should identify the laboratory’s timeline for retaining samples for potential retesting. The Department does not require laboratories to retain samples, but suggests they retain samples for a period of fifteen (15) days after the initial testing is completed and the producer is notified of results.

If no retest is requested or the retest also exceeds the acceptable hemp THC level, the lot may be eligible for remediation, or the Department will issue an Order of Destruction.

When a lot’s pre-harvest compliance sample exceeds 0.3% total THC, the lot may be eligible for remediation. Producers may remediate the crop in accordance with the MDA Remediation Protocol, and have the remediation material sampled and tested. If the remediation test is compliant, the eligible remediated materials may move into commerce. If the remediation test is not compliant, the lot must be destroyed. Remediated lots cannot be used for propagation (replanting) purposes.

If a lot is Ordered for Destruction, the producer will be issued an Order by certified mail. The producer will then be required to destroy their crop in accordance with MDA Destruction Protocol, and is responsible for all associated costs. Missouri State Highway Patrol or local law enforcement must certify the destruction, and the producer may be invoiced for a certification fee. Producers then have thirty (30) calendar days to submit a destruction report to MDA.

The EPA has approved some pesticide labels for use on industrial hemp. Those labels are listed here: https://www.epa.gov/pesticide-registration/pesticide-products-registered-use-hemp

Pesticide labels must also be registered in Missouri prior to use in Missouri. As of May 2021, many, but not all, EPA-approved pesticides were registered in Missouri and therefore approved for appropriate use on industrial hemp in Missouri.

Specific labels can be searched to evaluate state registration status here: https://apps.mda.mo.gov/moplants/ProductRegFSA/BrandSearch.aspx

Once a producer has an approved registration they may purchase seed or propagules from:

• A Missouri agricultural hemp seed and propagule permit holder;
• From a supplier from a state or territory with an approved hemp program, or;
• From a supplier approved by USDA for international importation

Missouri does not have an approved variety list or require certified seed.

The Department only has regulatory authority over viable hemp plants and seeds. It is recommended to secure a market for your commodity prior to planting. Viable hemp seed can only be sold or distributed to Missouri’s Registered Producers, Missouri’s Agricultural Hemp Propagule and Seed Permit holders, or other persons appropriately licensed in their respective states, tribes, territories, or countries.