Frequently Asked Questions
The following information is provided as a guide and is not a legal interpretation of the Industrial Hemp Law.
What is industrial hemp?
Industrial hemp, defined by 195.010 RSMo. is;
- All nonseed parts and varieties of the Cannabis sativa L. plant, growing or not, that contain an average delta-9 tetrahydrocannabinol (THC) concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis or the maximum concentration allowed under federal law, whichever is greater;
- Any Cannabis sativa L. seed that is part of a growing crop, retained by a grower for future planting, or used for processing into or use as agricultural hemp seed;
- “Industrial hemp” includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis
What are some of the uses of industrial hemp?
There are numerous uses for industrial hemp. Some of those include: fibrous stem products (paper products, molded plastics, textiles, construction materials, etc.); seed products (food products for human consumption, culinary oil, body care products, fuel, etc.) and floral/foliar products (CBD extracts).
How is industrial hemp regulated under Missouri Law?
Viable industrial hemp is plant material capable of living or growing, including agricultural hemp seeds and propagules (transplants, cuttings, or clones). Viable hemp materials fall under the regulatory authority of the Department of Agriculture.
Nonviable industrial hemp is plant material or hemp grain that is not capable of living or growing. Nonviable hemp materials (fiber, grain, etc.) are classified as publically marketable products and do not fall under the regulation of the Department of Agriculture.
The use of hemp in animal and consumer products may be regulated by other entities.
Can CBD and/or hemp extracts be used in animal foods (pet, livestock, and poultry)?
Animal and pet foods ingredients must be approved by the American Association of Feed Control Officials. According to the AAFCO, hemp has not been approved for use as an ingredient for animal or pet foods. See the AAFCO guidance document released May 1, 2019.
Registration and Permit Questions
When can I apply to grow industrial hemp in Missouri?
Applications will be available in the fall of 2019, after rules are in place.
Who is eligible for a Missouri industrial hemp registration or permit?
The following criteria are set forth in state statute;
- The applicant must be a Missouri resident or the entity must be domiciled in Missouri; and
- The registered location cannot be within a residence; and
- The applicant must pass an FBI fingerprint background check; and
- The applicant must not have been found guilty of, or pled guilty to, a felony offense under any state or federal law regarding the possession, distribution, manufacturing, cultivation, or use of a controlled substance in the ten (10) year immediately preceding the application date.
What registrations and/or permits do I need to grow industrial hemp in Missouri?
Persons planning to grow industrial hemp will need a valid Producer Registration from the Missouri Department of Agriculture. Persons planning to sell seed or propagules (transplants, cuttings, or clones) will need a valid Agricultural Hemp Propagule and Seed Permit from the Missouri Department of Agriculture.
Producer Registration: Authorizes a person who is a Missouri resident, or an entity that is domiciled in this state, to cultivate industrial hemp.
Agricultural Hemp Propagule and Seed Permit: Authorizes a permit holder to sell, distribute, or offer for sale any viable agricultural hemp propagule or agricultural hemp seed to registered producers or other permit holders.
Will I need more than one registration or permit?
Possibly. If a person plans to cultivate industrial hemp in multiple, noncontiguous locations they will need multiple registrations.
Dependent upon a person’s activities they may need a registration and/or permit.
Registration Only: A person with a Producer Registration may grow viable industrial hemp.
Both Registration and Permit: A person with a Producer Registration may grow industrial hemp. If they also sell, distribute, or offer for sale any viable agricultural hemp seed or propagules they will also need a Permit.
Permit Only: If a person only sells, distributes, or offers for sale viable agricultural hemp seed or propagules they will need a Permit, but not a Registration.
Will there be fees to participate in the industrial hemp program?
Yes. The Missouri Department of Agriculture will establish fees in rule to cover the costs of administering the program. Additionally, other entities may charge fees for services necessary to comply with the industrial hemp law. There will be fees associated with FBI criminal history background checks and independent laboratory analysis.
If I am approved to receive an industrial hemp registration or permit, what are my responsibilities?
Persons receiving a registration or permit must follow the requirements outlined in the Missouri Department of Agriculture application agreement. This includes payment of fees, cooperation with onsite inspections, destruction of hemp found growing in unregistered sites, and destruction of hemp testing greater than 0.3% delta-9 THC on a dry weight basis. Persons must also comply with all applicable federal and state laws and regulations.
Will I need to renew my permit or registration?
Yes. Permits and registrations will be valid for 3 years from time of issuance. Annual fees will be required to maintain a valid registration and/or permit.
What happens if the industrial hemp tests greater than the legal limit of 0.3% delta-9 THC?
By definition, the plants are no longer considered industrial hemp. Crop destruction and penalties may result.
Can pesticides be used on industrial hemp or medical marijuana.
At this time the U.S. EPA has not registered any pesticide product for use on cannabis and the Missouri Department of Agriculture has not registered any pesticide product labeled for use on cannabis. The Missouri Department of Agriculture does not register pesticides for sale and use in Missouri unless the pesticide product is registered with the U.S. EPA.
For more information visit Missouri’s requirements for pesticide product registration.