Hemp Regulations - Jim Belt, ODA, Head of Hemp for Ohio, from the 2020 Conservation Tillage and Technology Conference, held March 3-4, 2020, Ada, OH, USA.

1. Ohio Hemp Program
Conservation Tillage and Technology Conference
March 3, 2020

2. 5/18/2020
Ohio Hemp Licenses
• 2 types of hemp licenses in Ohio
–Hemp Cultivation License
–Hemp Processing License
• https://agri.ohio.gov/wps/portal/gov
/oda/divisions/hemp-program
• Sign up for E-Mail Notifications
https://www.agri.ohio.gov/wps/port
al/gov/oda/divisions/administration/
resources/hemp-facts3

3. 5/18/2020
Background Checks
• All “key participants” will need to complete a state and
federal background check.
– Sole Proprietors
– All Partners in a Partnership
– All Persons with Executive Managerial Control in a
Corporation
• No license will be issued to any entity in which a key
participant has plead guilty to or has been convicted of a
qualifying felony offense relating to controlled substances in
the ten years prior to applying for licensure.
• Background checks will be handled in coordination with BCI.

4. 5/18/2020
Who needs a cultivation license?
• Anyone who cultivates hemp, for any use, must be
licensed
– There is no amount of hemp that can be grown without
licensure
• "Cultivate" or "cultivating" means to plant, water,
grow, fertilize, till, or harvest a plant or crop.
"Cultivating" includes possessing or storing a plant or
crop on a premises where the plant or crop was
cultivated until transported to the first point of sale.

5. 5/18/2020
Cultivation Restrictions
• Hemp can only be grown on sites after they have
been approved by the Department.
• Outdoors: Minimum of ¼ acre AND 1000 plants.
• Indoors: Minimum of 1000 sq ft. AND 1000 plants.
• Schools and Public Parks: 500 ft. setback.
• Residential buildings: 100 ft. setback.
• Licensed medical marijuana cultivators: ½ mile
setback

6. 5/18/2020
Licensure Requirements
• Complete application and submit required fees
– $100 application fee.
– $500 per growing location.
• Provide ODA the GPS locations and sizes of all fields, greenhouses,
buildings, etc, where hemp will be grown or stored
• “Growing Location” means a contiguous land area or single building in
which hemp is grown or planned to be grown

7. 5/18/2020
Outdoor Growing Locations
• Physical barriers which prohibit the contiguous planting of hemp
will require the areas on each side of the barrier to be registered as
separate growing locations. These barriers include, but are not
limited to roadways, driveways, fence rows, trees or hedgerows,
streams, ditches and other bodies of water
• Additionally, for fields that have no physical barriers within their
boarders, there can be no physical gaps in planting greater than 20
feet wide. Otherwise you will need to license each part of the field
as a growing location

8. 5/18/2020
Indoor Growing Location or Locations?

9. 5/18/2020
Actually Multiple Growing Locations

10. 5/18/2020
Prohibited Variety Guidance
• For the 2020 growing season there are no prohibited hemp
varieties in Ohio (may be added going forward as more is known)
• ODA encourages cultivators to do their research to ensure that the
variety that they select, is in fact “Hemp” Total THC ≤ 0.3%
• For guidance in these decisions ODA encourages cultivators to
review the prohibited variety lists from PA and KY
• ODA also encourages cultivators to review the Official Sample
Results from IN and MI for additional information

11. 5/18/2020
Currently Available Variety Information from Ohio’s
Neighboring States
• IN Link https://purduehemp.org/wp-content/uploads/2019/12/Hemp-
THC-Results-by-Variety_update.pdf
• KY Link
https://www.kyagr.com/marketing/documents/HEMP_LH_Summary_of
_Varieties_List_2019.pdf
• PA Link
https://www.agriculture.pa.gov/Plants_Land_Water/industrial_hemp/D
ocuments/2020%20Hemp%20Varieties%20of%20Concern%20and%20P
rohibited%20Varieties.pdf
• MI Link https://agri.ohio.gov/wps/portal/gov/oda/divisions/plant-
health/resources/michigan-prohibited-variety-list

12. 5/18/2020
Cultivator Reporting Requirements
• Planting Report
– Each growing location needs to submit a planting report with ODA and
their local FSA office
– If hemp will not be planted at a licensed growing location, the cultivator
needs to inform ODA by July 31st
• Pre-Harvest Sampling Request
– Licensed Cultivators must notify ODA of their intended harvest date for
each growing location and lot AT LEAST 15 days prior to their
intended harvest date.

13. SEPTEMBER 2020
SUN MON TUES WED THURS FRI SAT
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
Intended Harvest Date:
September 16
Pre-Harvest Report Date
Due at or prior to
September 1REQUEST
DUE
REQUEST
DUE

14. 5/18/2020
Pre-Harvest Sampling
The Department’s inspectors will then visit each
growing location to collect samples prior to the
intended harvest.
The samples will be tested at either the
Department’s Laboratory or one of their
contracted laboratories.
Growing locations with more than one variety will
incur a $150 Pre-Harvest sampling fee for each
additional variety within that growing location

15. 5/18/2020
Harvest Requirement
After ODA collects their official pre-harvest
sample, the Cultivator must harvest the lot that
was sampled within 15 days of the date that
ODA’s sample were collected
Harvested material must stay at the cultivators
storage facility until they have received a written
release for that material from the Department

16. SEPTEMBER 2020
SUN MON TUES WED THURS FRI SAT
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
Intended Harvest Date:
September 16.
Harvest Report Date
Due September 1.
REQUEST
DUE
REQUEST
DUE
ODA
SAMPLE
ODA
SAMPLE
ODA Sample Date:
September 10.
HARVEST
DUE
HARVEST
DUE
Harvest Deadline:
September 25.

17. 5/18/2020
Secondary Pre-Harvest Sampling
Failure to harvest within the 15 day window could
result in ODA requiring a second sampling of the
lot at the cost of $300 per sample

18. 5/18/2020
Hemp or Marijuana?
• Hemp is legally defined as the plant Cannabis sativa, and any part
of that plant or its derivatives, with a THC concentration of at most
0.3%.
• "Delta-9 tetrahydrocannabinol" or "THC" means the sum of the
percentage by weight of tetrahydrocannabinolic acid (THCa)
multiplied by 0.877 plus the percentage by weight of delta-9
tetrahydrocannabinol (THC) or (THCa x .877) + THC
• Ohio is a Total THC State operating in compliance with the 2018
Farm Bill

19. 5/18/2020
Example Test Result
• Sample contains 0% delta-9 THC, but THCa is
0.48%
• Total THC = (0.48 x 0.877) + 0 = 0.42%

20. 5/18/2020
Acceptable Hemp THC Level
• All samples must be within the “acceptable hemp THC level.”
• Labs are required to establish a “measurement of uncertainty”
which establishes the margin of error for the laboratory testing.
– If .3% is within the measurement of uncertainty the sample/lot passes
even if the total THC is above .3%.
• Example 1: Total THC is .36% +/- of .07%
– Range is .29% to .43% - Sample Passes.
• Example 2: Total THC is .36% +/- of .05%
– Range is .31% to .41% - Sample Fails.

21. 5/18/2020
Crop Destruction
• If a sample is not within the acceptable hemp THC level, all
plants from the sampled lot shall be destroyed.
• No hemp shall be destroyed without written approval of the
department.
• Post-Harvest retesting is available to request for $300/sample

22. 5/18/2020
Production Report
• Each licensee shall submit the on-line production report prior to
December 31st each year
• Failure to submit a complete, accurate and timely report may result
in the suspension or revocation of the hemp cultivation license

23. 5/18/2020
Hemp Cultivation and Law Enforcement
• ODA will provide information about approved
cultivation, handling, and storage site locations to
the USDA and all law enforcement agencies.
• The only legal locations to grow and store hemp are
the ones which are registered with ODA.
• Licensees must show a valid license to ODA or any
law enforcement agency upon request.

24. 5/18/2020
Transportation
• USDA regulations were noticeably silent on transportation rules.
• ODA is working with the Department of Public Safety and other law
enforcement partners to develop documentation which must
accompany all hemp moving through and within Ohio
– Cultivation License
– Bill of Lading
– Destination Information…

25. 5/18/2020
Hemp Processing License
• An individual or business that converts hemp into a hemp product
is a processor
• There are several different processing licenses available
– Grain Processors
– Fiber Processors
– Floral Material Processors
– CBD use in human and animal food, dietary supplements, cosmetics and
personal care products
• Wholesale or Retail

26. 5/18/2020
Protecting Ohio Consumers
• Processors will be inspected to ensure that they
are maintaining sanitary production environments.
• Responsible for adhering to good manufacturing
practices.
• Ensure that products marketed in Ohio are labeled
accurately and do not imply any unproven health
claims.
• Products must be tested to ensure compliance.

27. 5/18/2020
Questions and Contact Information
Hemp Program
Ohio Department of Agriculture
8995 E. Main St.
Reynoldsburg, OH 43068
Phone: 614-728-2101
Email: hemp@agri.ohio.gov
James Belt
Inspection Manager
james.belt@agri.ohio.gov
David Miran, Jr. Esq.
Executive Director
david.miran@agri.ohio.gov