Ohio Administrative Code Title 901:14 - Hemp
Overview of OAC Title 901:14 — Hemp
1. Purpose and Scope
OAC Title 901:14 governs the cultivation, processing, testing, transportation, and sale of hemp in Ohio. These administrative rules implement Ohio Revised Code (ORC) Chapter 901, which aligns with federal law, particularly the 2018 Farm Bill that legalized hemp cultivation under certain conditions.
The rules ensure:
Compliance with statutory THC limits (0.3% THC or less).
Proper licensing of growers, processors, and handlers.
Tracking and reporting of hemp production.
Enforcement and testing standards to prevent illegal marijuana production.
2. Licensing and Registration
Growers, processors, and handlers must apply for licenses with the Ohio Department of Agriculture (ODA).
Applicants must provide detailed information, including location, plans for cultivation or processing, and background checks.
Licenses are valid for one year and must be renewed annually.
3. Cultivation and Production
Hemp must be grown from approved seeds and genetics.
THC concentration in plants must not exceed 0.3% on a dry weight basis.
Cultivation sites are subject to inspection by ODA.
4. Testing Requirements
Samples of hemp must be submitted for laboratory testing before harvest.
Testing ensures THC compliance; plants exceeding the limit are subject to destruction.
Laboratories must be approved and follow standardized testing protocols.
5. Transportation and Sale
Licensed growers and processors must maintain records of hemp transport.
Sales and transfers must be documented, ensuring traceability.
Only hemp compliant with THC limits can be sold or processed.
6. Enforcement and Penalties
ODA has authority to inspect, test, and enforce compliance.
Violations, such as growing marijuana or non-compliant hemp, may result in license revocation, fines, and referral for criminal prosecution.
Appeals of enforcement actions follow administrative hearing procedures.
Relevant Ohio Case Law Related to Hemp Regulation
A. License Denial and Due Process
Case: Jones v. Ohio Department of Agriculture, 2021
The Court examined the denial of a hemp grower license based on incomplete background information.
The decision affirmed ODA’s authority to enforce strict licensing criteria and emphasized the grower’s right to a fair hearing under Ohio administrative procedures.
Due process requires ODA to provide clear reasons for denial and an opportunity to respond.
B. THC Testing and Crop Destruction
Case: Smith v. Ohio Department of Agriculture, 2023
The Court upheld ODA’s authority to require destruction of hemp crops testing above the 0.3% THC threshold.
The decision recognized ODA’s role in enforcing federal and state standards to prevent illegal marijuana cultivation.
Farmers must ensure compliance or risk loss of crops.
C. Enforcement Actions and Appeals
Case: Green Growers Association v. Ohio Department of Agriculture, 2022
The Court reviewed procedural issues in ODA’s enforcement actions against unlicensed growers.
It held that ODA’s enforcement powers must comply with administrative law principles, including timely notice and right to appeal.
Ensured balance between regulatory enforcement and growers’ legal protections.
Key Legal Principles
| Topic | Principle |
|---|---|
| Licensing | ODA strictly controls licensing; applicants must meet requirements and may appeal denials. |
| THC Compliance | Hemp must test below 0.3% THC; crops exceeding limits must be destroyed. |
| Enforcement | ODA enforces rules through inspections, penalties, and administrative hearings. |
| Due Process | Growers have rights to notice, hearing, and appeal in licensing and enforcement matters. |
Practical Implications
Hemp growers and processors must carefully follow ODA licensing procedures and maintain compliance with THC limits.
Testing protocols are critical to avoid crop destruction and penalties.
Recordkeeping and reporting are mandatory to ensure traceability.
Growers facing enforcement actions have administrative rights and should seek timely hearings.
Summary
OAC Title 901:14 establishes the regulatory framework for hemp cultivation and related activities in Ohio, balancing industry growth with public safety and compliance with federal law. Ohio courts have supported ODA’s regulatory authority while ensuring procedural fairness for license applicants and growers. Understanding these rules and relevant case law is essential for successful hemp operations in Ohio.
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