Alabama Administrative Code

(1) A licensed grower shall submit to the department a complete and current Hemp Grow Plan Report, within fourteen (14) days after every planting, including replanting, of seeds or propagules in an outdoor location. (2) Each Grow Plan Report shall identify the: (a) Correct variet…

(1) A licensed grower shall submit to the department a complete and current Hemp Grow Plan Report within fourteen (14) days after establishing plants at an indoor location. (2) Each Grow Plan Report shall identify the: (a) Correct hemp variety name as designated in the Domestic S…

(1) A licensed grower shall only apply pesticide products registered and approved for use on Hemp by EPA and in accordance with all state and federal laws. (2) A licensed grower shall not use any pesticide in violation of the product label. (3) A licensed grower who uses a pestic…

(1) The department may collect samples of any hemp material prior to harvest at any time. (2) A licensed grower shall submit a complete and current Harvest/Destruction form to the department fourteen (14) calendar days prior to the intended harvest date or intended destruction of…

(1) The hemp to be selected for sampling shall be determined by a representative of the department. (2) The department shall collect and retain samples from each plot in accordance with the procedures established by the department. (3) The department shall receive, prepare, and r…

(1) A licensed grower selling or transferring, or permitting the sale or transfer, of floral or plant extracts (including CBD), shall retain testing data or results for at least three (3) years demonstrating that the extract’s total delta-9-THC level is not more than zero and thr…

(1) A licensed grower shall not plant or grow hemp on any site not listed in the grower licensing agreement. (2) A licensed grower shall not allow unsupervised public access to hemp plots, including activities such as a hemp maze. (3) A person shall not ship or transport, or allo…

(1) A licensed grower shall submit a completed Grower Post Harvest Production Report annually, any report required by this regulation and any report required by USDA and/or FSA, in the form and manner prescribed or stated. (2) For at least three (3) years, license holders shall m…

(1) Any person who wishes to engage in the processing, handling, or storing of hemp at any location in the State shall submit to the department annually a complete Processor/Handler License Application, incorporated by reference as part of the Processor/Handler License Applicatio…

(1) The department shall apply the criteria established in paragraphs (a) through (n) of this subsection in evaluating applications for a processor or handler licensing agreement: (a) In accordance with this administrative regulation, the applicant shall submit a complete applica…

(1) A licensed processor or handler shall not process or store leaf or floral material from hemp or other cannabis in any structure that is used for residential purposes. (2) A licensed processor or handler shall not process hemp or other cannabis in a site that is located within…

(1) An applicant shall not be a participant in the department’s program until the conditionally approved applicant and the department have executed a processor or handler licensing agreement following the applicant’s completion of the department’s mandatory orientation session. E…

(1) The licensed processor or handler fee for processing one (1) or more fiber harvests shall be the amount established in these regulations. (2) The licensing fee for processing one (1) or more grain harvests shall be the amount established in these regulations. (3) The Licensin…

(1) The department shall have the authority to collect and retain samples of hemp or other cannabis, and products derived from all hemp or cannabis in the possession of a licensed processor or handler. (2) All samples collected by the department shall become the property of the d…

(1) A licensed processor or handler shall not process or store hemp on any site not listed in the processor or handler licensing agreement. (2) A person shall not ship or transport, or allow to be shipped or transported, live hemp plants, cuttings for planting, or viable seeds fr…

(1) A licensed processor or handler shall submit a completed Production Report annually, any report required by this regulation, and any report required by USDA or FSA, in the manner and form stated. (2) For at least three (3) years, license holders shall maintain and make availa…

(1) To be eligible to affiliate with the department’s program, an institution of higher education shall: (a) Be accredited by, and in good standing with, a regional or national higher education accreditation agency; (b) Confer academic degrees at the associate, bachelor, master, …

(1) An authorized representative of an eligible institution of higher education with faculty, administration, or staff members who wish to conduct academic research projects involving hemp under the auspices of the department’s program shall complete and submit a University/Colle…

(1) A university/college affiliation application form shall contain, at a minimum, the full name of each person authorized by the institute of higher education who shall be responsible for overseeing the academic research project; (2) The full name of each person who will be invo…

(1) An institution of higher education with a project affiliated with the department’s program shall not involve any person who is ineligible or was terminated, or denied admission to the program for one (1) or both of the following reasons: (a) Failure to obtain an acceptable cr…

(1) The department shall assess fees on affiliated institutions of higher education as established in these regulations. (2) If a representative of an affiliated institution of higher education requests assistance from the department in collecting samples from hemp plants or test…

(1) An institution of higher education shall not acquire hemp seeds or propagules from a source outside the State of Alabama except as established in subsection (2) of this section. (2) A representative of an affiliated institution of higher education shall obtain hemp seeds or p…

Following the completion of an academic research project conducted under the auspices of the department’s program, the person responsible for overseeing the research project shall submit to the department a summary of the research’s objectives and findings. The results of researc…

(1) Each licensed grower, processor, handler, university representative or applicant shall undergo and pay for an annual criminal background check. (2) A licensed grower, processor, handler or applicant shall, following completion of the background check, ensure delivery of the r…

(1) Conditionally approved applicants shall complete a mandatory orientation session as required by the department. (2) The department may require in-person attendance or other method. (3) The department may not allow any person to attend in lieu of the conditionally approved app…

(1) The department shall provide information about approved growing, handling, and storage site locations to representatives of ALEA, DEA, and other law enforcement agencies whose representatives request registered site information, including GPS coordinates. (2) Licensed growers…

(1) A licensed grower, processor, handler or university who elects to grow hemp in a new growing location or store or handle at a site other than the sites specified by the GPS coordinates listed in the grower licensing agreement, shall submit a Site Modification Request Form, as…

Territory, Tribal Land, The State Of Alabama Or Another State. (1) A person shall not acquire seeds or propagules from a source in a U.S. territory, tribal land, or state without first: (a) Submitting a complete Seed/Propagule acquisition form, incorporated by reference in these …

(1) A person seeking to obtain seeds from an international source shall submit a complete International Seed acquisition form, incorporated by reference in these regulations, to the department. (a) If approved, the department shall request the Permit to Import under any existing …

(1) A person shall not acquire or grow hemp or cannabis seeds or propagules of wild, landrace, or unknown origin without first obtaining written approval from a representative of the department. (2) The department shall not permit hemp or cannabis seeds or propagules of wild, lan…

(1) Except as established in subsection (2) of this section, information and documents generated or obtained by the department in connection with the program shall be subject to disclosure pursuant to the Alabama Open Records Act. (2) Personal identifiable information including p…

(1) The department shall immediately suspend a license, without an opportunity for a hearing, if the licensed person pleads guilty to, or is convicted of, any felony or drug-related misdemeanor. (2) The department may immediately suspend a license, without an opportunity for a he…

(1) The department shall notify a licensed grower, processor, handler or university in writing that the grower licensing agreement has been temporarily suspended if a representative of the department receives information supporting an allegation that a licensee has: (a) Engaged i…

(1) The department shall notify a person whose licensing agreement has been temporarily suspended of the date when the person’s license revocation hearing will occur at a time and place designated by the Commissioner. (2) License revocation hearings shall be adjudicated the same …

(1) An applicant wishing to appeal the department’s denial or partial denial of an application or other adverse decision concerning these administrative rules shall submit a written request for a hearing postmarked within fifteen (15) days of the date of the department’s notifica…

(1) The fees established in this section shall be nonrefundable. (2) The Grower License Application fee shall be $150, plus any established online convenience fee, for each application. (3) The annual grower participation fee shall be $1000 for each growing location. (4) The seco…

(1) The fees established in this section shall be nonrefundable. (2) The Processor/Handler License Application fee shall be $150, plus any established online convenience fee, per application. (3) The annual participation fee for processing the grain component of hemp shall be $10…

(1) The fees established in this section shall be nonrefundable. (2) The Institute of Higher Education Application fee shall be $150, plus any established online convenience fee, per application. (3) The annual participation fee shall be $500 for the initial growing location and …

The Department shall collect and retain for a period of at least three calendar years, Location ID information for every site or location where the department has approved hemp to be grown.

A person who is found by the Department to have negligently violated any statute or administrative regulation governing that person’s participation in the hemp program three (3) times in a five (5) year period shall be ineligible to hold a license for a period of five (5) years b…

(1) In addition to being subject to the license suspension, license revocation, and monetary civil penalty procedures, a person who is found by the Department to have negligently violated any statute or administrative regulation governing that person’s participation in the hemp p…

(1) In addition to being subject to the license suspension, license revocation, and monetary civil penalty procedures, a person who is found by the Department to have violated any statute or administrative regulation governing that person’s participation in the hemp program with …

(1) Not more than thirty (30) days after receiving and compiling the following information, the Department shall provide it to the United States Secretary of Agriculture or the Secretary’s designee: (a) the licensed grower’s name; (b) the licensed grower’s telephone number, email…

(1) Through its DEA registration and pursuant to USDA guidelines, the ADAI Food and Drug Laboratory will sample, analyze and evaluate hemp using reliable methodology for testing the total delta-9-THC level. (2) The department shall collect and handle hemp samples in accordance wi…

(1) The following material is incorporated by reference: (a) Procedures for Sampling, THC Testing, and Post-Testing Actions, December 14, 2017, edition; (b ) Procedures for Performance-based sampling, June 2023, edition; (c) Procedures for Measuring Delta 9 THC Content in Industr…

(1) If any hemp plants or material produced under these regulations do not meet the requirements set forth by the Department or USDA, then such plants or material will be disposed of by using one of the methods or procedures set forth in this administrative regulation or USDA reg…

(1) The following forms and materials are incorporated by reference: (a) Grower Application (b) Grower License Agreement (c) Hemp Grow Plan (Indoor and Outdoor) (d) Harvest/Destruction Report (e) Grower Add Site Form (f) Grower Amend Site Form (g) Grower Property Owner Affirmatio…