Emergency Rule Effective June 27, 2020
- A virtual public hearing for the emergency rule will take place on Thursday, July 23, at 1 p.m. More information about the public hearing and how to participate can be found in the public hearing notice.
- You can submit comments for the emergency rule at any time before 11:59 p.m. on July 30. More information about how to submit comments is available in the public hearing notice.
- Learn more about this emergency rule that allows Wisconsin to continue the Hemp Pilot Research Program through October 31, 2020.
30-day Harvest Notice: You must notify the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) 30 days before you harvest each lot of hemp so DATCP has time to schedule testing. Use the online process at MyDATCP to submit your 30-day harvest notifications.
Sampling: Your lot of hemp must contain 15 or more female plants in order for DATCP to take samples for testing. The regulatory sample must be taken before you can harvest each lot of hemp, and is a collection of the top two inches of flower from at least 15 female plants per lot. The exact number of cuttings per lot varies based on the size and the uniformity of a lot.
Submit Documents Online: You can no longer email location changes, planting reports, or 30-day harvest notifications. If you have a hemp license and a 2020 annual registration, you can submit these documents using MyDATCP.
Current Program: Hemp Pilot Research Program
Introduction to hemp program (PowerPoint)
DATCP's Hemp Pilot Research Program requires both hemp growers and processors to obtain one-time licenses, and register each year they intend to plant and/or process hemp. Growers and processors must also pass criminal background checks and pay fees to participate in the program. As participants in the research program, growers and processors are required to:
- Destroy crops that test higher than 0.3% total THC, as determined by regulatory testing.
- Obtain a hemp grower or processor license.
- Pass a criminal background check.
- Pay license fees and/or annual registration fees.
- Submit a signed research agreement and a research plan.
- Submit a planting report within 30 days of planting their hemp crop.
- Provide DATCP with a 30-day notification of anticipated harvest date.
- Provide access to DATCP hemp inspectors to obtain a hemp sample for each lot*.
- Pay a $250 sampling fee for each lot* sampled by DATCP.
- Submit a final production/processing report at the end of the growing season and prior to registering for the following growing season.
*A contiguous area in a field, greenhouse, facility, or growing structure containing the same variety or strain of hemp throughout the area.
There is inherent risk associated with participation in a research program focusing on a new crop and with participation in this research pilot program. There is no guarantee that your crop will pass the regulatory THC test.
State and Federal Laws
Emergency administrative rule (Wis. Admin. Code Ch. ATCP 22) specifies the parameters of Wisconsin's hemp pilot program pursuant to 2017 Wis. Act 100 which became effective March 2, 2018. Authority for the program is also found in the 2018 Farm Bill and 2019 Wis. Act 68. The pilot research program is permitted under federal law (2014 Farm Bill and 2018 Farm Bill) as described in 2017 Wis. Act 100, 2019 Wis. Act 68, and Wis. Admin. Code § ATCP 22.
Future Program: New Hemp State Plan (2021 Growing Season)
Under federal rules (2018 Farm Bill) the authority for the hemp pilot research program expires on October 31, 2020. Wisconsin must have a U.S. Department of Agriculture (USDA)-approved state plan in place to continue administering a hemp program in Wisconsin. The USDA-approved state plan must be compliant with the 2018 Farm Bill and the recently promulgated USDA Interim Final Rule. DATCP is working on a state plan to submit to USDA for approval. This plan must be approved by USDA by October 31, 2020, in order for DATCP to administer the hemp regulatory program in Wisconsin for the 2021 growing season. Updates will be posted on this webpage as they become available. If you want to receive email updates about the state plan, sign-up for DATCP's hemp email notifications.
Frequently Asked Questions
USDA – U.S. Domestic Hemp Production Program
Food and Drug Administration statement on CBD (December 2018)
Newsmakers: Preparing for Second Hemp Crop (March 19 WisconsinEye interview with Secretary Brad Pfaff and legislators)
Websites for hemp programs in other states
Attorney General's Statement on CBD
DATCP/UWEX/Michael Fields webinar on hemp agronomics
University of Wisconsin-Madison, Division of Extension hemp information
Canadian Hemp Trade Alliance Hemp Production eGuide
Pesticides allowed for use on hemp
What variety of hemp should I grow?