WSDA’s Hemp Regulatory Plan outline
1. How will the Department show a practice to maintain relevant information regarding land
on which hemp is produced in the State or territory of the Indian tribe, including a legal
description of the land, for a period of not less than 3 calendar years?
Washington State law requires a license to grow hemp. Our application requires the global
positioning location coordinates from which the legal description can be obtained. WSDA’s
record retention policy requires information such as this to be maintained for seven years. The
WSDA uses an online application portal to collect the contact information and harvest
information for all licensed hemp producers, this data will then be placed into the AMS-23 form
and forwarded to the USDA on a monthly basis in the form of a monthly report of licensees and
destructions. The online portal maintains the status of the licensed producers, and can account
for any changes in producer status.
WAC 16-306-040- Hemp producer license application, states an applicant must provide the
information required for a hemp license on a form provided by the department that, at a
minimum, includes:
o The name, email address, telephone number, and business address of the
applicant;
o For Individuals, a social security number
o For businesses, the type of business entity (LLC, partnership, etc.), business
license number, EIN, the state or country where the business is incorporated and
the name and address of the entity’s agent in Washington State;
o The legal description (section, township, and range) in which the proposed
registered land area is located;
o Geospatial location coordinates of proposed fields, greenhouses, or other sites
where hemp is produced. A background check is required to be included within
the application to insure that licensees have not had a controlled substance
felony conviction within the last ten years.
Any person found to materially falsify any information in their application shall be deemed
ineligible to participate in the WSDA Hemp Program.
WSDA rules also require applicants to consent to entrance of their property by the department
to inspect their registered land area with or without prior notice, report hemp crop acreage,
greenhouse or indoor square footage, street address, license number, and total acreage of
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hemp planted, harvested, disposed, or remediated to the USDA Farm Service Agency (FSA), and
submit a criminal history report that is completed within 60 days of the application date.
Additionally, WAC 16-306-060-Records retention, states licensed producers are required to
maintain copies of all records and reports necessary to demonstrate compliance with the
program for a minimum of three years from the expiration date of the license.
2. Does the Department have a procedure for testing, using post-decarboxylation or other
similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp
produced in the State or territory of the Indian tribe?
Trained WSDA inspectors will be responsible for collecting samples from the flowering tops of
plants, specifically the top five to eight inches of the plant, from the main stem, including the
leaves and flowers, terminal bud, or central cola. WSDA inspectors will receive training in how
to collect a representative sample such that procedures are sufficient at a confidence level of
95 percent that no more than one percent of the plants in each lot would exceed the
acceptable hemp THC level of 0.3 percent. Inspectors will be provided with the USDA’s
Sampling Guidelines for Hemp as the standard with which they collect samples. The WSDA will
require that the producer or an authorized contact or representative shall be present for the
scheduled hemp inspection whenever possible. WSDA inspectors will then transport that
sample to a laboratory that is contracted with the WSDA. Contracted labs must show intent to
register with the DEA as a part of the contracting process. Labs must be registered with the DEA
by December 31, 2022 in order to maintain their contracts with the WSDA.
Licensed hemp producers cannot harvest any of their crop prior to inspection. Evidence of
harvest prior to inspection may result in a violation or loss of license. Once a sample is collected
by a WSDA inspector, a hemp licensee may harvest, however, they will not be eligible for a
retest if their sample is non-compliant, though they will still be eligible for remediation options.
Non-harvested hemp that tests below 0.5% THC can be retested at the licensee’s request.
WSDA contracts with laboratories that test hemp for Total THC using High-Performance Liquid
Chromatography (HPLC) for the determination of Δ9-Tetrahydrocannabinol (THC) and Δ9-
Tetrahydrocannabinolic Acid (THC-A). Testing Laboratories must provide COA’s to the WSDA.
Testing laboratories will have test results reported to USDA for determining compliance. The
WSDA and our contracted laboratories are aware of, and understand the information that must
be provided in the AMS 22 form. The WSDA will work with contracted testing laboratories to
make sure that all information needed in the AMS 22 form is provided to USDA.
WAC 16-306-090- Hemp THC testing criteria, states that hemp will be tested for THC
concentration in a department-run or approved laboratory as determined by the department
using post-decarboxylation or other testing methods approved by the department. The
department will apply the measurement of uncertainty to the reported THC concentration to
determine if hemp material is in compliance.
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No hemp may leave a registered land area or be combined with hemp plant material from
different registered land areas or lots until WSDA issues certification for each field, lot or
registered land area.
The WSDA will send an inspector to sample a hemp crop within 30 days of its anticipated
harvest date. The WSDA will also provide options for hemp producers who grow non-flowering
plants:
• The WSDA will conduct visual inspections for all producers growing non-flowering plants
in order to certify non-flowering or immature plants including seedlings, clones, greens,
and microgreens. While non-flowering plants will not be subject to sampling or THC
testing during visual inspections, these plants may still be subject to random sampling
and testing.
3. Does the Department have a procedure for the effective disposal of plants, whether
growing or not, that are produced in violation of this subtitle; and products derived from
those plants?
Under WAC 16-306-170- Hemp noncompliance for THC concentration, if a licensee’s hemp tests
higher than the acceptable hemp THC level, the licensee may be subject to suspension or
revocation of their license. Licensees whose hemp tests higher than the acceptable hemp THC
level will be provided with a Corrective Action Plan that provides options for retesting,
remediation, and or disposal. The Licensee must fulfill the requirements set forth in the
Corrective Action Plan in order to avoid suspension or revocation of their license. The lot must
remediated, retested, or disposed of in a manner approved by the department. If determined
to be appropriate, WSDA may give notice of noncompliance to the appropriate law
enforcement agency and the Washington State Liquor and Cannabis Board which regulates
marijuana, with a summary of the actions taken to destroy the noncompliant hemp. The WSDA
will notify the USDA of non-compliant plants and disposal by providing Certificates of Analysis
and the AMS-24 form.
Producers will have the option to remediate noncompliant hemp on the registered land area.
After remediation, producers must contact the WSDA to perform another inspection sampling.
Producers will have the following options for remediation:
• Removing and destroying the flowers and retaining stalk, stem, and leaf material
for retest and use. This will also require a destruction report.
• Creating a mulch-like biomass that creates a homogenous mix of flower, leaf,
stalk, and stem which is then retested as a whole plant sample.
Producers must document the disposal of all noncompliant hemp. This documentation must be
submitted to WSDA following the completion of the destruction or disposal process. WSDA will
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allow the licensee to request a resampling or retest within 30-days. The destruction of any
controlled substance shall be in accordance with the following requirements:
• On-site destruction.
• Transfer to a person registered or authorized to accept controlled substances for the
purpose of destruction or disposal.
• The method of destruction or disposal shall be consistent with the purpose of rendering
all controlled substances to a non-retrievable state in order to prevent diversion of any
such substance to illicit purposes and to protect the public health and safety.
While WSDA has legal authority over hemp and for manufactured products derived from hemp
that fall within the definition of food, WSDA does not have legal authority over all
manufactured products.
4. Does the Department have a procedure to comply with the enforcement procedures
under the 2018 amendments to the Agricultural Marketing Act of 1946 Section 297A
subsection (e)?
WSDA has included language in rule that will establish enforcement action procedures,
specifically corrective action plans as well as WSDA’s authority to suspend or revoke a license
for violations of state law or for failing to comply with a corrective action plan. All enforcement
actions will be conducted with proper due process as guaranteed by Washington law. Negligent
violations occurring within the hemp program will not be subject to criminal enforcement
action.
WAC 16-306-200- Corrective Action Plan, mirrors the language provided in the 2018 Farm Bill
and the USDA interim rules by stating a licensee may be subject to a corrective action plan
established by WSDA to correct negligent violations including, but not limited to:
• Failing to provide a legal description of land on which hemp is produced.
• Failing to obtain a license or other required authorization from the department.
• Producing Cannabis sativa L. with delta-9 tetrahydrocannabinol concentration of more
than 0.3% on a dry weight basis.
WSDA has a corrective action template which provides hemp producers with 30 days to correct
the negligent violation and requires that the licensee periodically reports their compliance with
WSDA regulations for at least two calendar years. Producers shall not receive more than one
negligent violation per growing season The WSDA may inspect a licensee to ensure compliance
with their corrective action plan. Additionally, licensees may be subject to license suspension or
revocation for violations of WSDA rules or for failing to comply with a corrective action plan.
WSDA rules also include enforcement procedures for violations that are committed with a
culpable mental state greater than negligence. Violations made with a culpable mental state
greater than negligence shall be reported to the U.S. Attorney General and chief law
enforcement officer of the state.
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5. Does the Department have a procedure for conducting annual inspection of, at a
minimum, a random sample of hemp producers to verify that hemp is not produced in
violation of the limits on THC found in the farm bill?
Per Washington Authorization Code (WAC) 16-306-080, all licensees are subject to inspection
by the department, the department shall inspect registered land areas under a producer license
at least once during each license period.
WSDA inspectors will take hemp samples from registered land areas within 30 days prior to the
anticipated harvest to test for THC concentration. The inspections include the following:
• Unauthorized plant growth;
• Hemp in any form on the registered land area;
• Rogue, volunteer, or off-type hemp plants;
• Audits of existing business data and reports related to hemp;
• Compliance with required signage; and
• Assessing compliance with other applicable license terms and conditions.
WSDA has created a testing protocol (attached) that provides procedures for entering a
growing area and collecting the hemp sample as well as necessary equipment and supplies and
sampling guidelines which includes sample size based on estimate of plants as well as what part
of the plant the sample must come from. Our sampling protocol is based directly off the USDA
interim rules.
6. Does the Department have a procedure for submitting the information described in the
Agricultural Marketing Act of 1946 Section 297C(d)(2), as applicable, to the Secretary not
more than 30 days after the date on which the information is received?
WSDA collects the information required as part of its state hemp program and will share
information on licensed hemp producers with the USDA in any required format. Additionally,
the WSDA website maintains a list of licensees including contact information and registered
land areas.
7. Can the Department certify that the State or Indian tribe has the resources and personnel
to carry out the practices and procedures described in 1 through 6 above?
WSDA’s hemp program is a fee-for-service program. The department has the authority to raise
fees as needed to pay for the costs incurred by the department. The department anticipates
having one full-time employee along with seasonal inspection staff. The department certifies
that it can and will perform all the duties outlined above and required in the 2018 Farm Bill. The
program’s current fees can be found in WAC 16-306-140 – WAC 16-306-160.
8. Has the Department included any other practice or procedure established by a State or
Indian tribe as applicable, to the extent that the practice or procedure is consistent with
this subtitle?
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As part of WSDA’s hemp regulatory plan, the department has included all portions of its current
program in the attachments that follow. Our current state regulations as provided in Chapter
16-306 of the Washington Authorization Code, as well as the attached Policy Statement are
considered part of our state’s Hemp Plan. Additionally, WSDA has included regulations for
additional voluntary hemp testing. Those regulations can be found in WAC 16-306-100 and
include testing hemp for non-approved pesticide or herbicide use, approved limits of mycotoxin
and approved limits of heavy metals.
9. Who is the Department’s contact for this program?
• Jessica Allenton
Assistant Director- Commodity Inspection Division
Washington State Department of Agriculture
(360) 902-1828
Trecia Ehrlich
Hemp Program Manager – Commodity Inspection Division
360-584-3711
