Any person desiring to grow or process hemp shall apply to the agriculture commissioner for a license on a form prescribed by the commissioner. A license must be obtained before a person purchases or obtains hemp material for planting or propagation. The applicant is responsible for anyone working under the applicant’s license for all sections of this chapter.

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Terms Used In North Dakota Code 4.1-18.1-02

  • Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    The application for a license must include the name and address of the applicant, and the legal description of the land area to be used to produce or process hemp.

2.    The commissioner shall require each applicant for initial licensure to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducted in the manner provided in section 12-60-24. All costs associated with the criminal history record check are the responsibility of the applicant.

3.    Criminal history records provided to the commissioner under this section are confidential. The commissioner may use the records only in determining an applicant’s eligibility for licensure.

4.    The commissioner shall deny licensure to any person convicted of a felony relating to a controlled substance under state or federal law in the last ten years.

5.    If the applicant has completed the application process to the satisfaction of the commissioner, the commissioner shall issue the license. A license issued under this chapter expires December thirty-first.

6.    An application for a license under this subsection may be submitted to the commissioner anytime before the purchase of hemp seed or viable propagation material.