USDA approves Wyoming hemp plan

CHEYENNE — The United States Department of Agriculture (USDA) has approved the Wyoming hemp regulatory plan and has granted authority to the Wyoming Department of Agriculture (WDA) to regulate the hemp industry in Wyoming.

The WDA resubmitted the Wyoming hemp plan on Jan. 31, 2020 after USDA issued the Domestic Hemp Production Program interim final rule late last year. Upon USDA’s approval of the Wyoming hemp plan on February 20, 2020, the WDA will now have primary regulatory responsibility for hemp growing and processing in the state of Wyoming.

“We are happy that the USDA approved our state plan and that the WDA will now be able to provide one more crop option for growers and processors in Wyoming,” said Doug Miyamoto, Director of the Wyoming Department of Agriculture. “Now that we have delegated authority from the USDA, the next step for the WDA is to implement emergency rules in order to initiate our program in Wyoming.”

The WDA has drafted emergency rules, approved by Governor Mark Gordon, and in consultation with the Wyoming Attorney General’s office so that we may implement a hemp program prior to the 2020 growing season. These emergency rules will be in effect for 120 days. During that time, the WDA will go through the normal rule promulgation process including a public comment period and resulting in a final rule.  

“This is a brand new crop with inherent risks and a challenging regulatory structure so we encourage producers and processors to look closely at the rules and regulations if they choose to attempt growing or processing hemp in 2020,” said Miyamoto. “With that said, we are excited to get this program off the ground and to start a hemp industry in Wyoming.”

The WDA is now accepting applications for hemp licenses. To view and download hemp applications, a copy of the approved 91-page plan, and more information on the hemp program in Wyoming, please visit the WDA website at http://www.agriculture.wy.gov.

The plan includes reporting requirements for any hemp growers. The plan also includes the requirements that each lot must be sampled by the WDA before harvest can begin, within a 15-day timeframe of harvest.

All licensees are subject to inspection and sampling to verify that the THC concentration level of all Cannabis does not exceed the Acceptable Hemp THC Level.

Per the plan, “The Acceptable Hemp THC Level for the purposes of compliance with the requirements of this rule is when the application of the Measurement of Uncertainty to the reported delta-9 tetrahydrocannabinol content concentration level on a Dry Weight Basis produces a distribution or range that includes 0.3% or less.”

The Governor, in consultation with the Wyoming Attorney General’s office, has signed emergency rules drafted by the WDA to initiate a hemp program prior to the 2020 growing season. These emergency rules will be in effect for 120 days. During that time, the WDA will go through the normal rule promulgation process including a public comment period and resulting in a final rule.

“This has been a long journey and I want to thank all those involved in this effort, including the Secretary of State’s office, for expediting the rulemaking process,” Governor Gordon said.