Frequently Asked Questions: Sampling, testing, and varieties
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) can inspect all growing sites, fields, processing facilities, conditioning plants, storage locations, and any other location associated with hemp. Inspections may be at any time, and may be unannounced.
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 each lot (a contiguous area in a field, greenhouse, facility, or growing structure containing the same variety or strain of cannabis throughout the area) will pass the regulatory THC test.
Step 1: Submit Your 30-day Harvest Notification
You must notify DATCP 30 days before you harvest each lot (a contiguous area in a field, greenhouse, facility, or growing structure containing the same variety or strain of cannabis throughout the area). DATCP will contact you within two weeks of your anticipated harvest date to schedule sampling. Please contact us if you have not heard from us two weeks prior to your planned harvest date. Information about how to submit the 30-day harvest notification is on the reporting and recordkeeping page.
Step 2: Sampling
The 30-day harvest notice lets DATCP know that an inspector needs to collect samples for THC testing. Inspectors will sample each lot (a contiguous area in a field greenhouse, facility, or growing structure containing the same variety or strain of cannabis throughout the area). If you have two separate fields, both planted to the same variety, the inspector will sample each field. If you have more than one variety planted in a single field, the inspector will sample each variety. The sampling process includes taking a cutting from the top two inches of multiple plants of each variety in a field to get a composite sample of each separate variety.
Step 3: THC Analysis
The samples are analyzed at DATCP's lab. The lab will dry each sample and analyze it for total delta-9 THC levels. The grower will get a written analysis of the test results. You may not receive your regulatory lab results prior to harvest.
Step 4: Results
Based on the results of the analysis, one of the following will be sent to the grower:
- Fit for commerce certificate: DATCP will issue a fit for commerce certificate for each lot (a contiguous area in a field, greenhouse, facility, or growing structure containing the same variety or strain of cannabis throughout the area) that passes the regulatory lab test. The certificate must accompany the hemp from licensed grower to licensed processor. Licensed processors must get a copy of the certificate for all hemp obtained from licensed growers. DATCP may seize harvested hemp found without a certificate, and may suspend or revoke grower or processor licenses.
- Failed notice: If the analysis shows total THC levels above 0.3 percent, it is a failed regulatory test. The grower has 10 days from the service of the notification to either request a resampling (see below) or must destroy the entire lot of hemp where the regulatory sample was collected. DATCP will inspect the field after 10 days. If the crop has not been destroyed, DATCP may destroy it and invoice the grower for the cost. Instructions for how to destroy the crop is provided in the notice.
Growers can request a resampling and analysis at their expense within 10 days of the service of their notification of a failed regulatory test. Only one resample per lot is permitted. If the test of the resample fails or a resample is not requested, the grower has 10 days from the service of the notification of failed sample to destroy the entire lot of hemp where the regulatory sample was collected. Growers can request a resample of a failed lot in writing through either of the following methods:
P.O. Box 8911
Madison, WI 53708-8911
Include your name, license number, variety name, growing location name, the case number from the failed regulatory lab results, and your contact information.
$250 per composite sample and test (each lot will need at least one sample/test). DATCP will invoice growers when sample results are sent.