How do GA, AL, TN, and WV prevent hemp in the field or nursery (grow house) from bypassing regulation and taxation, being sold and intoxicating people? From Gemini A.I.:
1. Mandatory GPS Mapping & Site Registration
In 2026, the prevention of “hot” hemp (high-THC cannabis) from leaving the farm or nursery is managed through a “pre-harvest gatekeeper” system. While the retail side is managed by alcohol and tobacco boards, the cultivation side is controlled by State Departments of Agriculture and the USDA.
Here is how they prevent raw plant material from bypassing regulation at the source:
In all four states, you cannot simply grow hemp “on a farm.”
- The “Lot” System: Every grow area (even a small indoor nursery room) must be registered with exact GPS coordinates.
- Law Enforcement Notification: In West Virginia and Alabama, growers are required to provide these GPS maps to local Sheriffs and State Police. Any cannabis found growing outside of these registered “pins” is automatically treated as an illegal marijuana grow, subject to criminal seizure rather than civil hemp fines.
2. The “30-Day Window” Sampling
States prevent “stealth” harvesting of high-THC plants through strict timing:
- Government-Supervised Sampling: In Tennessee and Alabama, a grower cannot sample their own crop for official compliance. A state-authorized inspector or a “certified sampler” must physically come to the farm to take cuttings.
- Harvest Deadline: Once the sample is taken, the farmer has a strict window (typically 30 days) to harvest. If they miss this window, the crop must be re-tested or destroyed. This prevents growers from letting the plants sit in the sun longer to increase THC potency after the “official” test is done.
3. Post-Decarboxylation “Total THC” Testing
The most effective tool used in 2026 is the testing method itself.
- The “Total THC” Formula: Previously, growers could pass a test if their Delta-9 THC was low, even if their THCa (which becomes intoxicating when heated) was high.
- The 2026 Standard: All four states now use the federal formula: Total THC=(THCa×0.877)+Delta 9 THC.
- The Result: This math effectively bans “intoxicating” hemp at the farm level. If a nursery plant’s potential THC exceeds 0.3%, it is legally “hot.”
4. Disposal and “Remediation” Oversight
If a crop tests above 0.3% but below 1.0% (the “negligent” threshold), it cannot be sold.
- Supervised Destruction: The grower must destroy the flower/buds. In Georgia and Tennessee, this often requires a “disposal report” or a witness to ensure the flower isn’t “lost” into the black market.
- Remediation: Some states allow the grower to “remediate” the crop by grinding the entire plant (stems, leaves, and buds) into “mulch.” This dilutes the THC to legal levels but makes the material useless for someone trying to sell high-potency “smokeable” buds.
5. Financial “Hooks” (Bonding and USDA Reporting)
- Surety Bonds: In Alabama, retailers and wholesalers must post a $25,000 surety bond. If they are caught buying “unregulated” plant material from an unlicensed farm, they forfeit the bond and their license.
- FSA Reporting: All licensed growers must report their acreage to the USDA Farm Service Agency (FSA). This links the hemp grow to the farmer’s federal records, meaning a “hot” crop could disqualify them from all other federal farm subsidies and crop insurance for years.
Summary of Farm-Level Controls
The Center for New Revenue 