Frequently Asked Questions

On this page, we have compiled a list of answers to frequently asked questions about hemp production in New York State. Click on each question to reveal its answer.

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Please note: the authors of these questions and answers are not attorneys. They do not provide legal advice. Every effort has been made to provide useful and accurate information. Regardless, this information should not be relied upon in place of consultation with appropriate legal advisors in your jurisdiction. These questions and answers may not be current at the time of reading. The final regulations lie with the municipalities and agencies that oversee the implementation of the Farm Bill’s hemp provisions.

This content was last updated in January 2022.


The Basics

Both hemp and marijuana are groupings within the plant species Cannabis sativa that have been produced through selective breeding. Marijuana has been bred to promote the production of Delta-9-tetrahydrocannabinol (THC), an intoxicating cannabinoid compound. Hemp has traditionally been bred for fiber and grain (seeds). 

The legal definition of hemp includes Cannabis plants also cultivated to produce other cannabinoids including cannabidiol (CBD) and cannabigerol (CBG). Legally, Cannabis must contain 0.3% or less THC by dry weight to be considered hemp.

Hemp can be grown and used for many diverse applications. The plant was described in 1938 by Popular Mechanics as having “over 25,000 uses . . . ranging from dynamite to cellophane.” Historically, hemp was most widely grown for its fiber; primarily to produce rope and fabric. Today, hemp fiber is used for insulation, pressboard, hempcrete, animal bedding, and certain plastics. Hemp seeds are a good source of protein, fiber, omega fatty acids, and many vitamins and minerals. They can be used in food and feed for some livestock. They can also be pressed into oil for foods and cosmetics. Female hemp inflorescences are covered in trichomes, plant organs where most of the cannabinoids and terpenes are produced. Because they are rich in these compounds, female hemp flowers are often used for medicinal purposes. [Source] [Source]

Growing Hemp in New York State

Yes, with proper approval from the state. Following the 2018 Farm Bill’s passage, New York State implemented a USDA-approved program to license farmers and businesses to grow and process hemp. As of January 1st, 2022, the NYS Hemp Licensing Program replaces the previous NYS Industrial Hemp Agricultural Research Pilot Program.

Individuals and businesses must submit a hemp grower license application to the NYS Department of Agriculture and Markets including an FBI Identity History Summary Check. Growers must receive their hemp license before they are allowed to grow hemp. 

Growing hemp in compliance with New York State laws requires a great deal of planning ahead of time. First, read this hemp program guidance document from the NYS Dept. of Ag. & Markets. It contains valuable information about:

  • Hemp licenses, including the application process and eligibility;
  • Sampling and testing requirements for THC and CBD compliance;
  • Annual reporting and recordkeeping requirements.

Also, we recommend checking out the links on our hemp growers’ resources page, along with this guide to beginning hemp, from Cornell Cooperative Extension.

Then, if you’re an individual grower or business interested in applying to grow hemp in New York, you’ll need to apply for a hemp grower license. This requires you to: 

  • Describe your business focus and explain background experience that would pertain to hemp production.
  • Provide GPS coordinates and map(s) of the field(s) you intend to grow hemp in.
  • Identify the hemp varieties you intend to plant, and where you’ll buy your seeds.
  • List criminal history and submit an FBI Identity History Summary Check, performed no more than 60 days prior to submission of the license application.

We recommend reviewing Ag. and Market’s Hemp Grower Application Guidance Document that contains detailed instructions for submitting a hemp growers license.

Individuals and businesses must submit a hemp grower license application to the NYS Department of Agriculture and Markets including an FBI Identity History Summary Check. Growers must receive their hemp license before they are allowed to grow hemp.

Once a hemp grower or processor has been approved to participate in New York’s Hemp Program, their Hemp License is valid for 3 years. To renew, license holders must resubmit their license application.

The New York State Department of Agriculture and Markets may reserve the right to determine whether a particular location is appropriate for hemp growing. For example, areas that are zoned as ‘residential’ may not be approved. We recommend you check with the NYS Dept. of Ag. & Markets before planting your hemp crop. After planting, notify local law enforcement of your legal hemp operation. It may also be wise to place “No Trespassing” signs around each of your hemp fields. [Source]

Orange County CCE maintains a list of buyers and sellers of hemp on its exchange board. For more information, read about the program on our hemp growers’ resources page.

You must have a NY address and growing location for the license, but you do not need to be a NYS resident.

All previously licensed NY hemp growers wishing to grow hemp in 2022 and beyond must re-apply for a license under the new program. This includes submitting a hemp grower license application to the NYS Department of Agriculture and Markets and completing an FBI Identity History Summary Check. Growers must receive their hemp license before they are allowed to grow hemp.

Hemp Agronomy

Cornell University offers a Master of Professional Studies in hemp production. Please see: cals.cornell.edu/school-integrative-plant-science/degrees-programs/mps-degree/hemp-science

You can also learn about hemp production by watching the videos of our past field days and attending one of our upcoming field days or other events

To browse upcoming Cornell Cooperative Extension events featuring hemp production, search for ‘hemp’ on events.cornell.edu

If you’d like email notifications of future hemp events from Cornell, log on to the Cornell University Events Emailer to set up automatic notification of upcoming events using the search term ‘hemp’. 

To receive periodic email updates from this website, enter your email in the “stay in the loop!” box on either the right side (on desktop and laptop browsers) or bottom (on mobile browsers) of our website.

Currently, there are very limited options for herbicide use in organic or conventional production. However, Cornell scientists are working with Federal and State agencies to identify effective products that may be labeled for hemp in the future. For databases listing herbicides that can be used on hemp, visit our Hemp Growing Information Page.

For weed control, one option is the stale seedbed technique. This practice allows weed seedlings to emerge for several days to 4 weeks after the field has been fitted for seeding. After significant weed emergence and before they are too large, the weed cover is removed. The possible methods of removal are somewhat limited for hemp:

  • The post-emergence herbicide SUPPRESS is labeled for this type of use on food and fiber crops. SUPPRESS is OMRI-approved as an organic herbicide. However, it only works well on small broadleaf weeds. Its cost may be prohibitive. 
  • Propane flaming.
  • Light surface cultivation. 

The weed removal operation should then be followed with direct seeding of the hemp crop without further soil disturbance. Even in the best of circumstances, this will not provide 100% weed control, but it can reduce the initial weed growth so that a vigorous crop can outpace the weeds.

Yes, hemp can be grown organically in organic fields just like any other crop. As of August 2016, The USDA’s National Organic Program will certify hemp as organic if the hemp is produced following (1) the 2014 Farm Bill, and (2), USDA organic regulations. [Source]

Hemp for grain and fiber can be planted with a grain drill. When harvesting hemp, producers must take care to minimize wrapping.

Feminized seeds refer to seeds produced on a female plant that has been self-pollinated or pollinated with pollen from another female plant. Plants grown from dioecious seeds, where the pollen was derived from a male plant, will most often produce either male or female flowers. Males have an X and a Y chromosome, while females have two X chromosomes. 

However, hemp plants can produce flowers of the opposite sex in response to plant growth regulators. Therefore, male plants, bearing an X and Y chromosome, can produce female flowers, and female plants, having two X chromosomes, can produce male flowers. When a female plant bearing two X chromosomes is forced to produce pollen and used to pollinate itself or another female plant, the seeds produced are called ‘feminized seeds’ as they should all be female with two X chromosomes. 

Feminized seeds are expensive because the process required to produce them is more complex and labor-intensive. Additionally, growers trying to maintain unpollinated crops for cannabinoid production will not have to rogue out as many males from feminized seed lots (approximately 1 in 3000 for feminized seed vs 1 in 2 for dioecious seed).

For a list of suppliers that sell hemp seed, please visit our hemp growers’ resources page.

While there are hemp seed companies in NYS, no certified hemp seed has been produced in NYS yet. The New York State Department of Agriculture and Markets has adopted the American Organization of Seed Certifying Agencies’ (AOSCA) seed certification standards, paving the way for future production of certified hemp seeds. Please note there is no requirement to use certified seed when growing hemp, but it does protect growers by setting quality standards with regard to germination rate, trueness to type, and lack of weed seeds.

Certified seed must be at least 98% pure hemp seed and have a germination rate of at least 80%. 

There are no standards for un-certified seeds. Cornell University’s hemp program has received non-certified seed lots that were less than 40% pure seed or had a germination rate of less than 30%! This is a buyer-beware situation. 

THC and CBD

  • THC (Delta-9-tetrahydrocannabinol) is an intoxicating compound produced in the female inflorescences of certain Cannabis plants. THC is the cannabinoid in marijuana that produces a “high.”
  • CBD (cannabidiol) is another chemical found in Cannabis plants. Unlike THC, CBD does not produce a “high” in those who consume the compound. Evidence suggests CBD may be a promising treatment for conditions including epilepsy, anxiety, insomnia, and chronic pain. [Source]

Legally, hemp cannot contain more than 0.3% THC on a dry weight basis. [Source]

For an up-to-date list of labs that test for THC, please visit our hemp grower’s resources page.

Growers may request one retest of the original sample. Growers must dispose of or remediate any hemp that contains more than 0.3% THC, but less than 1% by dry weight. Hemp with more than 1% THC is considered negligent and must be destroyed or removed by a reverse distributor. Hemp with >0.3% can be remediated by removing the flowers or by blending, chopping or shredding the entire plant into a homogeneous biomass mixture, and then retesting it. On-site crop destruction can be by plowing under, mowing, composting, burning, tilling/disking in, or burying.

Hemp and the Agriculture Improvement Act of 2018

Under the Agriculture Improvement Act of 2018 (2018 Farm Bill), the federal government classifies hemp and marijuana as two distinct plants. Hemp is no longer classified as a controlled substance; it is recognized as an agricultural crop. Now, hemp plants, seeds, and products can move freely across state lines. [Source]

No. States and tribal nations will continue to regulate the production of hemp within their jurisdictions. Hemp must still be tested to ensure it meets legal THC limits. [Source]

Cornell’s Hemp Research Program

In 2016, the New York State Department of Agriculture and Markets made funds available to Cornell to evaluate different varieties of hemp imported from Canada and Europe. Our initial goal was to evaluate which varieties were best suited to New York growing conditions. Currently, Cornell is working to breed varieties of hemp that are well-adapted to New York’s environment. This year, 2022, will be Cornell’s sixth year of grain and fiber trials and fifth year of CBD trials.

Our current activities and plans include:

  • Conducting a breeding and genetics program
  • Studying hemp pests and diseases
  • Studying the microbiome of hemp, and how it impacts the products we get out of hemp crops
  • Developing pilot hemp processing facilities to advance the development of hemp-based products.

To read about what Cornell has identified in its grain and fiber and CBD trials, please review our current reports and factsheets.

You may wish to review disease and pest guides that have been published for Kentucky and Colorado.

No, Cornell University only works with hemp. Our research permit only allows us to study and breed hemp.

Miscellaneous

At this time, there is no tax on growing hemp. The only fees associated with growing hemp are:

  • The $500 application fee for a hemp grower's license with New York’s hemp program. 
  • Any sales or income taxes from selling the final crop, just as with the sales of any other agricultural crop.

Yes! At Cornell University, we have documented that the ratio of CBD:THC is under strong genetic control at around 26:1, so growers can track the production of CBD and make sure regulatory sampling is done BEFORE the plants accumulate more than 7% CBD.  The majority of CBD hemp that produces over 8% CBD will go hot (>0.3% THC) according to that 26:1 ratio. There are now high CBG cultivars that have consistently produced high levels of CBG (>12%) while remaining compliant for THC.

Hemp primarily relies on wind for pollination. Its female flowers do not have nectaries to attract pollinators. However, in some cases, honeybees, bumblebees, and other native bees have been shown to visit male hemp flowers to collect pollen. [Source]

Hemp crop insurance is only being sold through private companies at this time, so check the price. Federally subsidized crop insurance is not yet on the market.

Before the federal government can implement subsidized crop insurance, the USDA Risk Management Agency needs to gather multiple years of county-level production data. This will take many years.

There are no plans to impose restricted pollination zones for cannabinoid hemp production, but there are now triploid high cannabinoid hemp cultivars available, which are advertised to remain seedless in the presence of hemp pollen.