Hemp Program Changes

Emergency Rule Effective May 3, 2021

Beginning May 3, 2021, an emergency rule went into effect for the Hemp Research Program. The information below (also available here​) provides an overview of the emergency rule​.

When is the public hearing for the new emergency rule?

A public hearing will be held virtually via Zoom at 1 p.m. on Friday, June 4, 2021. Please use these instructions to access the hearing:

  • Click here to enter the meeting.
    • If you have not used Zoom before, you will be prompted to download Zoom. If you have used Zoom, click "open" or "launch meeting."
    • At this time, you will prompted to enter the meeting password: 970381. Enter the password and click "join meeting."
  • Please make sure your computer sound is on mute unless you are giving testimony.
  • Please see the hearing notice for more information.
  • Meeting ID: 160-253-0861
  • Passcode: 970381
  • Call in via one touch mobile:
    • +16692545252,,1602530861# US (San Jose)
    • +16468287666,,1602530861# US (New York)

What is the emergency rule?

Effective May 3, 2021, this rule adds retest and remediation options for failed lots and caps the number of negligent violations to one per year, consistent with federal law in the USDA's March 22, 2021, final rule and as required under state law (Wis. Stat. § 94.55(2)(b)2).

Why was an emergency rule needed?

Under state law (Wis. Stat. § 94.55(2)(b)2), the Department of Agriculture, Trade and Consumer Protection (DATCP) must consider what provides the Wisconsin hemp industry with the greatest opportunity to “plant, grow, cultivate, harvest, produce, sample, test, process, transport, transfer, take possession of, sell, import, and export hemp in this state to the greatest extent allowed under federal law." DATCP has determined that adding remediation provisions for failed lots and limiting the number of negligent violations to one per year provides the Wisconsin hemp industry the greatest opportunity at this time.

Does the emergency rule include new program rules?

Yes. The emergency rule includes the following new program rules:

  • Retesting: In the event of a failed regulatory test with a total delta-9 THC content of above 0.3%, a licensed grower may request the retest of the retained portion of the lot's initial sample or remediated sample. The fee for a retest is $200.
  • Remediating: In the event of a failed regulatory test with a total delta-9 THC content of above 0.3%, a licensed grower may request to remediate their hemp lot consistent with the remediation options available in the USDA's final rule. After remediation, the remediated lot will be sampled and tested. The fee for the sampling and testing of a remediated lot is $300.
  • Limiting the number of negligent violations to one per year.
  • Raising the level of total delta-9 THC that constitutes a negligent violation from 0.5% to greater than ​1.0%, consistent with the USDA's final rule.

In addition to the new retesting and remediation options listed above, resampling remains another option.

​​