Beginning January 1, 2022, hemp growers will be licensed by the U.S. Department of Agriculture (USDA) and hemp processors will no longer require a license.
Beginning January 1, 2022, the DATCP hemp program is discontinued. This webpage is for informational purposes only and is not regularly updated.
USDA-certified sampling agents needed: Beginning in 2022, the USDA will operate Wisconsin's hemp program, and DATCP will no longer provide hemp sampling and testing services. The hemp sampling service will be provided by the private sector, and this is an opportunity to expand services offered to agricultural producers or to become an independent USDA-certified hemp sampling agent.
Hemp Program Transition to USDA
Note: A webinar was held on September 15, 2021, for hemp growers to learn how to locate and work with their local U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) office to report their hemp acreage and how to apply for a USDA hemp license through USDA Agricultural Marketing Service (AMS). Watch the webinar recording.
DATCP transferred primary regulatory authority for hemp production (growers) in Wisconsin to USDA on January 1, 2022.
Even after the end of the DATCP hemp program on December 31, 2021, if you had a grower annual registration from DATCP in any year from 2018-2021, you are required by state law (Wis. Admin. Code ch. ATCP 22) to keep certain hemp records for three years. Learn more about your hemp recordkeeping requirements.
USDA Grower License Application
If you are not covered under a tribal government's USDA approved regulatory plan you must have a USDA license starting January 1, 2022.
How to apply for a 2022 USDA grower license:
- The USDA website at https://www.ams.usda.gov/rules-regulations/hemp/information-producers includes information for 2022 Wisconsin hemp producers.
- You are encouraged to begin your 2022 USDA grower application process now.
- If you will be growing through the 2021-22 winter, begin your 2022 USDA grower application process as soon as possible.
- This USDA checklist includes instructions for prospective USDA hemp program applicants.
USDA Hemp Program contact information
USDA/AMS/Specialty Crops Program
470 L'Enfant Plaza, SW
P.O. Box 23192
Washington, DC 20026
USDA Grower Sampling and Testing
The DATCP hemp program ended on December 31, 2021. Starting January 1, 2022, if you are a licensee under the USDA hemp program, you are responsible for finding your own sampling agent and laboratory testing facility. USDA does not sample nor test hemp.
You can find a certified hemp sampling agent by going to https://www.ams.usda.gov/rules-regulations/hemp/information-sampling.
How to find a laboratory to test your sample for total THC:
- You may use any laboratory that meets USDA minimum performance requirements. Laboratories must test for total THC concentration and report all test results to you and USDA.
- A list of hemp testing laboratories registered with the DEA (provided by USDA for informational purposes only) https://www.ams.usda.gov/rules-regulations/hemp/dea-laboratories.
- The laboratories included in USDA's directory may exceed USDA's minimum performance requirements. USDA's minimum performance requirements are subject to change. Contact the USDA Hemp Program for more information.
- This directory is provided for informational purposes only and should not be considered an endorsement or recommendation.
All information on the USDA Hemp Program is available at https://www.ams.usda.gov/rules-regulations/hemp/.
Questions may be submitted to firstname.lastname@example.org or by calling (202) 720-2491.
USDA Certified Sampling Agents Needed – January 2022
Beginning January 1, 2022, Wisconsin hemp growers must have their hemp sampled by USDA certified hemp sampling agents.
This is a fee-for-service opportunity that DATCP previously performed. Beginning in 2022, the USDA will operate Wisconsin's hemp program, and DATCP will no longer provide hemp sampling and testing services. The hemp sampling service will be provided by the private sector, and this is an opportunity to expand services offered to agricultural producers or to become an independent USDA-certified hemp sampling agent.
USDA's Domestic Hemp Production Program offers online training to sampling agents as required under the Final Rule (86 FR 8896) published January 19, 2021. Licensed hemp producers may not act as sampling agents.
For more information, see:
Beginning on January 1, 2022, DATCP will not have the authority to license hemp processors. DATCP will retain the authority to regulate the quality and safety of hemp. For more information, see regulatory resources for hemp quality and safety.
Even after the end of the DATCP hemp program on December 31, 2021, if you had a processor annual registration from DATCP in any year from 2018-21, you are required by state law (Wis. Admin. Code ch. ATCP 22) to keep certain hemp records for three years. Learn more about your hemp recordkeeping requirements.