Understanding ODAFF Industrial Hemp Regulations
If you are an Oklahoma medical marijuana business owner interested in adding industrial hemp to your crop rotation or business options, it is important to understand the rules set by the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF). Industrial hemp must meet specific THC limits to stay compliant with state regulations. Specifically, hemp must test below 0.3% THC on a dry weight basis to be fully compliant, while a negligent violation threshold is set at less than 1% THC.
Deadlines and Licensing Requirements for Hemp Cultivation
To legally grow industrial hemp in Oklahoma, you need to be aware of the various license application deadlines. For outdoor cultivation, applications must be submitted by July 1st each year. Additionally, applications need to be filed at least 30 days before planting. If you are applying for a subsequent license due to a late harvest, the deadline is December 1st.
If there are any material changes to your operation, such as a change in the location or crop data due to weather or other factors, ODAFF requires that you notify them within 10 days. You also need to submit a harvest report at least 30 days before harvesting, and a final yield report by December 1st, unless you are dealing with a late harvest.
Costs and Fees Involved in Industrial Hemp Production
Growing industrial hemp in Oklahoma involves several fees. The initial grower license application fee is $500 and is non-refundable. Each harvest requires a site inspection, which costs $5 per acre for outdoor cultivation or 33 cents per square foot for indoor grows. Inspections are billed at $35 per hour, including travel time, so these costs can add up.
If you are a processor handling sales, the fees vary based on your total sales. For sales under $50,000, the processing fee is $1,000. Sales between $50,000 and $250,000 require a $2,500 fee. If your sales exceed $250,000, the fee increases to $5,000.
Compliance Risks and Enforcement Actions
Maintaining compliance with THC limits is crucial to avoid hefty fines from ODAFF. If your hemp crops exceed the allowed THC level, you could face fines of up to $10,000 per day for each violation. These fines accumulate quickly, so if you suspect your crop is non-compliant, it is important to act swiftly to reduce the THC levels or remove affected plants.
More serious violations, such as intentional breaches of THC limits, may lead to reports to both federal and state authorities and could result in criminal prosecution. Additionally, growers are allowed to transfer up to one pound of hemp to a lab for testing, and all crops must be securely stored and locked to meet regulatory requirements.
Affordable Consultation with an Oklahoma Industrial Hemp Attorney
If you need assistance navigating the ODAFF licensing process or have questions about inspections, reporting, or compliance, legal help is available. The team at 420.Law can guide you through the complexities of Oklahoma’s industrial hemp laws and help you protect your business. Call (918) 932-2879 today to schedule an affordable consultation with a knowledgeable Oklahoma industrial hemp attorney. We are here to provide clear guidance and support every step of the way.