Wyoming’s status update on growing hemp in state


Both the Wyoming

Department of Agriculture and the

Wyoming Governor’s Office have received

numerous inquiries about the

status of Wyoming’s hemp program.

Gov. Mark Gordon recognizes there

is a high level of interest in not only

what is to come, but what has occurred

to date. The following information is

intended to provide a brief history, an

update on the status of Wyoming’s

hemp program, and what is expected

for the next planting season starting in

2020.

“The Wyoming Department of Agriculture

will be ready to implement a

hemp program in Wyoming upon approval

of our State Plan by USDA,”

Director Doug Miyamoto said. “We

are installing testing equipment in our

Analytical Services Laboratory right

now. We will request emergency rulemaking

authority as soon as our plan is

approved. This would allow immediate

implementation of our program while

we concurrently take public comment

on our rules.”

Background

In 2018 Congress passed the Agriculture

Improvement Act of 2018

(also known as the 2018 Farm Bill)

removing hemp from the Controlled

Substances Act, authorizing a federal

hemp program and allowing for

state-delegated authority. This also

directed the U.S. Department of Agriculture

(USDA) to issue regulations

and guidance to implement a hemp

production program.

Current status

During the 65th Wyoming State

Legislature, Wyoming passed HB 171/

HEA 110. This act repealed all existing

industrial hemp statutes in Wyoming

under an immediate effective date,

including HB230/HEA 116.HB171/

HEA110 required submission of a

state plan for hemp to USDA within 30

days of enactment. In addition, this act

provided funding for administration

of this program and testing equipment

for the Wyoming Department of Agriculture’s

(WDA) Analytical Services

Laboratory.

In February, the USDA issued a Notice

to Trade stating they had begun the

rulemaking process for hemp production.

In that notice, the USDA indicates

they will not promulgate rules until the

fall of 2019 and will not review state

plans until their rules are in place

The WDA submitted its state plan

to the USDA for delegated authority

to regulate the hemp industry in Wyoming

on April 4. The USDA responded

with a letter to the Office of the Governor

acknowledging their receipt of

Wyoming’s draft plan. The letter also

stated the goal is to issue regulations

in the fall of 2019 to accommodate the

2020 planting season and, as required

by law, USDA will provide plan reviews

within 60 days, once regulations

are effective. As of July, the state is

still waiting for the USDA t

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