Who May Growers Purchase Hemp Seed From

Image by Ulrike Leone from Pixabay

Louisiana’s agricultural law was amended in June of 2019 to allow cultivation of hemp for the first time in more than seventy years beginning January of 2020, provided the THC content of the seed or other propagation stock planted by a grower is 0.3% or less.  Neither can the biomass of the ultimate harvested plant exceed that percentage.  Likely in an effort to facilitate the production of this new commodity, among other things, the legislation does not restrict growers to obtaining hemp seed from only in-state sources.

Throughout the prior decades-long legal prohibition, of course, it has not been possible for Louisiana growers to cultivate industrial hemp either as an agricultural commodity or as seed or propagation stock, and thus there are not presently any in-state seed sources.

A result of the long-standing ban is the need for newly licensed hemp growers to seek out-of-state seed sources to be able to plant their first hemp crop in 2020, and this well may also be the case for the 2021 crop-year.

In recognition of the fact that there are not any Louisiana-licensed hemp seed sources in this period leading up to January 2020, the Louisiana Department of Agriculture and Forestry [LDAF] has placed in its new hemp regulations express provisions authorizing and governing the acquisition of industrial hemp seed from sources outside of the state.

This authorization by LDAF is subject to several specific and detailed conditions concerning the seller, the seed and even the plants from which the seed was harvested, as well as specific certifications about all three that growers must obtain and preserve for LDAF.

Licensed hemp growers are cautioned to be aware of all the details associated with purchases of seed from sellers located out of state, and to be careful and certain to conduct the transaction in full compliance with the statute and LDAF regulations.  Failure to comply with, and obtain written documentation of, all out-of-state seed purchase criteria can result in fines and other penalties, which may include loss of license and destruction of the entire crop.

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Disclaimer: This blog does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact an attorney directly.