USDA approves Michigan’s modifications to the state’s industrial hemp plan

[KLAW Blog]

On October 21, 2021, the Michigan Department of Agriculture and Rural Development (MDARD) received federal approval of the revised Michigan Hemp Production Plan dated October 18, 2021.

The plan contains regulatory requirements for cultivating industrial hemp and maintains MDARD as having primary oversight of industrial hemp production in Michigan. This latest U.S. Department of Agriculture approval was required to ensure Michigan’s plan complies with the USDA’s final rule.

Michigan’s first approved state plan went into effect December 1, 2020 and aligned with USDA’s Interim Final Rule requirements. 

The USDA issued its Final Rule on January 15, 2021 after review of 5,900 comments which went into effect March 22, 2021, Within that short window, Governor Gretchen Whitmer signed Senate Bill 0816, sponsored by Senator Dan Lauwers (R-Brockway Township), which updated Michigan’s Industrial Hemp Growers Act (Public Act 220 of 2020) to ensure the state’s cultivation law agreed with updated requirements in USDA’s final hemp rule.

Because Michigan was able to quickly update Public Act 220 and implement it this year, hemp growers will not see a change to requirements they’ve become familiar with this season.  This latest USDA approval simply brings the state plan up to date with the Final Rule and Public Act 220.

MDARD expects to regularly revisit the Industrial Hemp Growers Act as the state’s program evolves. The industry develops, and federal policies are modified.  Any changes to the state hemp program require USDA approval, so MDARD expects this review and approval process to happen on a recurring basis.  All state and tribe plans can be viewed on USDA’s website.

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