General Questions

The following information is provided as a guide and is not a legal interpretation of the Industrial Hemp Law.

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).

What is viable industrial hemp? 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 hemp or hemp products, including CBD and grain, be used for animal consumption (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.

Are there USDA programs available for hemp growers?

Persons may be eligible for many USDA programs. More information is available on USDA’s website.

Application Questions

When can I apply to grow industrial hemp in Missouri?

The Department will publish fillable application forms and the ORI number necessary to complete the State and Federal Criminal History background check on Dec. 16. The Department will begin accepting applications for Producer Registrations and Agricultural Hemp Propagule and Seed Permits on Jan. 2. There will not be a deadline and applications may be submitted year-round.

What are the basic requirements for a registration or permit?

For a Producer Registration:

  1. The applicant must be a Missouri resident or the entity must be domiciled in Missouri;
  2. The registered location cannot be within a residential structure;
  3. The applicant and all key participants must pass a State and Federal Criminal History fingerprint background check and 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) years immediately preceding the application date.

For an Agricultural Hemp Propagule and Seed Permit:

  • The applicant must be a Missouri resident or the entity must be domiciled in Missouri.

What registrations and/or permits do I need for industrial hemp in Missouri?

Producer Registration: Authorizes a person to cultivate industrial hemp in Missouri. These persons are authorized to sell their harvested, nonviable products once they are confirmed to have an acceptable hemp THC level.

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. 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 consider a producer and will be required to obtain a Producer Registration.

A Missouri permit is not required for out-of-state persons to sell 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.

Will I need more than one registration or permit?

Possibly. If a person plans to operate in multiple, noncontiguous locations they may need multiple registrations or permits. If a person plans to cultivate and sell viable hemp, they will need both a registration and a permit for each location they plan to do both activities. Additional details will be provided in the Application Guide.

Will there be fees to participate in the industrial hemp program?

Yes. The application fee is $750 per application. To maintain the registration or permit, persons must submit an annual fee of $750 per registration or permit. Applications and registration 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.

Are there limitations to the numbers of registrations or permits?

No. Persons that meet the requirements, complete the application, and pay the required fees will be issued a registration and/or permit.

How long will the application period be?

There will not be a restricted application period or deadline. Applications will be available for submission year-round.

Are there any zoning or setback requirements for the land I’m planning to use for industrial hemp production?

Under statute, indoor industrial hemp cultivation facilities cannot be within a residence. You are encouraged to contact your local government for interpretation of municipal ordinances and regulations.

Are there security requirements such as fencing, cameras, or signage?

Registered producers and permit holders do not have security requirements such as fencing, cameras, or signage. You are encouraged to contact your local government for interpretation of municipal ordinances and regulations.

Are there any requirements for landowners if land is leased to a registered producer?

Only the person who is producing the industrial hemp is required to have a Producer Registration. If the landowner has executive managerial control in the hemp operation, they are considered a key participant and will have to complete a background check.

Can I rent my land to people or companies outside of Missouri to produce industrial hemp?

Under statute, applicants must be a Missouri resident or be a business domiciled in the state of Missouri to obtain a Producer Registration. The Missouri Department of Agriculture does not regulate land use agreements associated with industrial hemp.

Will I be able to get a license to process hemp?

The Missouri Department of Agriculture does not issue licenses specifically for the processing of non-viable industrial hemp. The use of hemp or hemp derivatives in animal and consumer products may be regulated by other governmental entities on the state or federal level.

Registered Producer and Permit Holder Questions

What are my responsibilities if I am approved to receive an industrial hemp registration or permit?

Persons receiving a Producer Registration or Agricultural Hemp Propagule and Seed Permit must follow the requirements as outlined by the Missouri Department of Agriculture, and Sections 195.010 through 195.773 RSMo. 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.

How will my crop be sampled?

Every lot (contiguous field, greenhouse, or other site growing a single variety) must be sampled within fifteen (15) days prior to harvest. A Sampling Protocol will be provided by MDA.

How will my crop be tested?

Producers are responsible for selecting a testing laboratory that fulfills all applicable laws. More guidance will be provided in early 2020.

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.”

Can pesticides be used on industrial hemp?

At this time, the U.S. EPA has not registered any pesticide product for use on hemp and the Missouri Department of Agriculture has not registered any pesticide product labeled for use on hemp. 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.

On August 21, 2019, the EPA announced it had received ten (10) pesticide applications for use on hemp. The EPA plans to review, then approve or deny these applications by the end of 2019.

For more information on Missouri’s requirements for pesticide product registration, please visit our webpage at https://agriculture.mo.gov/plants/pesticides/registration.php.

Where will I be able to buy hemp seed or propagules?

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

Where will I be able to sell the commodity?

The Department has regulatory authority over viable hemp plants and seeds. It is recommended to secure a market for your commodity prior to planting.

Will I need to renew my permit or registration?

Yes. Permits and registrations will be valid for 3 years with continued compliance. Annual fees will be required to maintain a valid registration and/or permit.