Department of Agriculture - Licensed Cultivators - Land Use Restrictions for Licensed Cultivators.


Published: 2020-01-31

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A licensed cultivator shall not:

(A) Plant or grow any cannabis that is not hemp.

(B) Plant or grow hemp on any site not approved by the department.

(C) Plant or grow hemp in or within one hundred feet of any structure that is used for residential purposes.

(D) Handle or store hemp plant material in any structure that is used for residential purposes.

(E) Comingle hemp with other crops unless prior approval is obtained in writing from the department.

(F) Plant or grow hemp in an outdoor growing location of less than one-quarter acre unless prior approval is received in writing from the department.

(G) Plant or grow hemp in an indoor growing location of less than one thousand square feet unless prior approval is received in writing from the department.

(H) Plant or grow hemp in a growing location in a quantity of less than one thousand plants unless prior approval is received in writing from the department.

(I) Plant or grow hemp in any growing location that is located within half a mile of the boundaries of a parcel of real estate, measured from the closest point of the property lines, having situated on it a licensed medical marijuana cultivator. Except that this does not apply to any licensed cultivator who, within the last three years, has legally planted hemp in a location that would otherwise be excluded.

(J) Plant or grow hemp in any growing location, unless prior approval is received in writing from the department, that is located within five hundred feet of the boundaries of a parcel of real estate, measured from the plants to the closest point of the property lines, having situated on it a school or public park. Except that this does not apply to research being conducted by a university or the department as approved by the director.

(K) Plant or grow hemp on any property that is not owned or leased by the licensed cultivator.