- Hemp emergency rule effective May 3, 2021: Learn more about the new emergency rule that provides retesting and remediation options for failed lots and caps negligent violations at one per year.
- Public hearing for the new emergency rule: A public hearing will be held within 45 days of the publication date of this emergency rule to allow for public feedback. The date, time, and instructions to access or attend the upcoming hearing will be posted here as soon as that information is available.
- Hemp Processor Survey: On March 26, 2021, the hemp program emailed a survey via GovDelivery to all annual registrants from 2018-2021. Your response to this survey is voluntary and will provide valuable information to assist DATCP in crafting rules that support the Wisconsin hemp industry. The Wisconsin administrative rule that covers the hemp program is Wis. Admin. Code ch. ATCP 22.
- Variety approval forms required from all growers: In 2021, all growers must submit a variety approval form and report the varieties they intend to plant, even if those varieties are already approved. See the reporting and recordkeeping webpage for instructions on submitting your variety approval form. Learn more about varieties already approved in writing by DATCP.
- Hemp research programs authorized through December 31, 2021: On December 21, 2020, Section 782 of the Consolidated Appropriations Act, 2021 extended the authority of states to operate hemp research programs through December 31, 2021.
- Harvest notification form: You must notify 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 10 or more female plants and, of those plants, must contain enough plant material for DATCP to take samples for testing. Samples shall be of a sufficient size to allow for one test and one retest pursuant to ATCP 22.10(4). The regulatory sample must be taken before you can harvest each lot of hemp, and is a collection of the top 5 inches of flower from at least 10 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.
Hemp Research Program
DATCP's Hemp 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 delta-9 THC, as determined by regulatory testing.
- Obtain a hemp grower or processor license.
- Pay for and pass a criminal background check before the initial license is issued.
- Pay license fees and/or annual registration fees.
- Submit a signed research agreement and a research summary.
- Hemp growers: Submit a variety approval form at least 30 days prior to planting to obtain approval for that variety from DATCP.
- Hemp growers: Submit a planting report by July 1 and within 30 days of planting hemp at each lot*.
- Hemp growers: Submit a harvest notification form at least 30 days before harvest.
- Obtain written permission before voluntarily destroying crops. Submit a destruction notification prior to voluntary destruction of hemp that is not otherwise ordered destroyed by DATCP. Then, complete and submit a destruction form along with visual evidence promptly after the destruction event.
- Provide access to DATCP hemp inspectors to obtain a hemp sample for each lot*.
- Pay a $250 initial sampling fee for each lot* sampled by DATCP.
- Pay a $300 sampling fee for each remediated lot* sampled by DATCP.
- Pay a $200 retest fee for each lot where a new sample is not required.
- 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
- May 3, 2021: Emergency Rule 2111 (EmR2111) for Wis. Admin. Rule ch. ATCP 22 is effective upon publication.
- March 22, 2021: The USDA's final rule, 7 C.F.R § 990 is effective.
- December 31, 2021: State hemp research programs are set to expire under the authority of the 2014 Farm Bill.
- December 21, 2020: U.S. Congressional action consisting of Section 782 of the Consolidated Appropriations Act, 2021 extended the authority of states to operate hemp research program until Jan 1, 2022.
- October 31, 2020: All state hemp research programs were set to expire pursuant to the 2018 Farm Bill. This expiration date is now outdated.
October 1, 2020: Section 122 of the Continuing Appropriations Act, 2021 and Other Extensions Act extended the authority of states to operate hemp research programs until September 30, 2021.
Frequently Asked Questions
License Information Shared by Licensees
This information is provided for persons who have elected -- during the application and licensing or renewal process -- for DATCP to release personally-identifiable information (Wis Stat. § 94.55(2)(b)5.b).
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
What variety of hemp should I grow?
For a list of pesticide products approved for use on hemp, please refer to the EPA's Pesticide Products Registered for Use on Hemp webpage. To ensure the product you are interested in using is registered in Wisconsin, search by product EPA ID (EPA Reg. No.) with dashes included by clicking here.