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.
How do I learn more about medical marijuana?
Visit the Missouri Department of Health & Senior Services webpage.
How can I be notified of information as it becomes available?
You can subscribe to receive program updates.
When are the outreach and education meetings taking place?
These will be scheduled to correspond with the availability of applications and begin later this fall. The Department is working with partners to determine the best locations for these meetings. We will make meeting information available on our website and through our GovDelivery email list.
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.
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.
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.
Are there limitations to the numbers of registrations or permits?
No. Persons that meet the requirements set in statute and regulation, 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.
Will I be able to get a permit, registration or license to process hemp?
The Missouri Department of Agriculture does not issue licenses specifically for the processing of industrial hemp. The Department intends to make applications for Producer Registration and Agricultural Hemp Propagule and Seed Permits available in the fall of 2019.
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.
Are there any zoning or setback requirements for the land I’m planning to use for industrial hemp production?
Under statute, industrial hemp indoor cultivation facilities cannot be within a residence. Additional restrictions may be implemented due to forthcoming federal guidance. You are encouraged to contact your city and county 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 city and county government for interpretation of municipal ordinances and regulations.
Are there any requirements for landowners if land is leased to a registered producer?
Under statute, there are no requirements for ownership of land for industrial hemp production. The person who is producing the industrial hemp is required to have a Producer Registration. The Department does not require land use agreements. Decisions about industrial hemp production on leased land are between landowners and tenants.
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.
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.
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:
- A Missouri agricultural hemp seed and propagule permit holder;
- From a licensed or permitted seed/propagule supplier from a state or territory with an approved hemp program, or;
- From a supplier approved by USDA for international importation
Where will I be able to sell the commodity?
The Department has regulatory authority over the cultivation of viable hemp plants and seeds. It is recommended to secure a market for your commodity prior to planting.