About hemp
Industrial hemp is a variety of Cannabis sativa.
The Industrial Hemp Act 2004 states that 'industrial hemp' is cannabis, the leaves and flowering heads of which do not contain more than 1.0% of tetrahydrocannabinol (THC). These low levels of THC mean that industrial hemp plants do not have the psychoactive effects associated with prohibited cannabis varieties (marijuana) nor medicinal varieties harvested for THC and CBDs.
Industrial hemp may also be known as 'low THC hemp' or 'industrial cannabis' in other jurisdictions.
Industrial hemp is a versatile crop which can be cultivated for both fibre and seed production. Bast (the longer fibres of the outer stem) and hurd (the shorter fibres of the inner stem) can be extracted from the stem, and seeds can be de-hulled and eaten, or pressed for omega rich oil and protein rich powder.
Traditionally, hemp fibre has been used to make ropes and to weave cloth, including sailcloth. In more recent times, it has been compressed into briquettes for ‘firewood’ and demonstrated to be a versatile building material as hempcrete panels and bricks, or as a replacement for timber beams when compressed into hardboard. Currently all textile processing is done overseas, in line with that of the wool and cotton industries.
Opportunities for hemp products are vast including building materials (hempcrete walls, hemp fibre panels and sheets), textiles (clothing), animal bedding, hemp seed oil and food. The challenge for WA businesses is to identify hemp products that can be produced profitably and competitively.
The hemp plant produces up to 113 Cannabinols, most of which are non-psychoactive and used extensively for medicinal purposes.
THC (Delta 9 tetrahydrocannabinol) is the psychoactive (mind altering) chemical compound found at high levels in marijuana and at very low levels in industrial hemp.
An Industrial Hemp licence does NOT authorise the extraction of cannabinols from industrial hemp.
Further information or enquiries regarding medicinal cannabis should be directed to the Office of Drug Control.
Marijuana is visually identical to Industrial hemp but contains significantly higher levels of THC (between 4 and 24%) in its leaves and flowering heads.
Licence information
Yes.
The Industrial Hemp Act 2004 introduced a scheme to allow farmers in WA to grow industrial hemp (cannabis) crops for fibre and seed production while limiting the risk of prosecution under drug enforcement legislation.
It is an offence under the Misuse of Drugs Act 1981 to cultivate or possess cannabis except under the authority of the Industrial Hemp Act 2004. An unlicenced crop satisfying the definition of industrial hemp (that is, less than 1% THC) is still an illegal crop and possession of unprocessed hemp without a suitable licence is similarly an offence.
Unprocessed hemp is not ready to be used as a foodstuff or fibre. This includes:
- whole, viable seed
- whole plants
- entire stems, with or without leaves.
Processed hemp includes:
- hemp seed oil, dehulled hemp seed hearts and flour
- fibres such as bast and hurd.
A person may apply for a licence to grow and/or harvest and/or process hemp. They may apply on behalf of themselves, a partnership or a company, and they must advise how much hemp they intend to grow and/or store, and where.
The department works with WA Police to confirm that all relevant persons are suitable to hold a licence. If a licence is granted, the licence holder must notify the department when the crop is planted, and when it starts flowering. At flowering, the crop will be inspected and tested to confirm that it complies with the requirement being less than 1% THC.
If a licence holder fails to comply with the conditions of their licence, the department can exercise administrative sanctions, which may include the suspension or revocation of a licence. If a licence is suspended or revoked, the related crop is no longer protected by a licence and is therefore unlawful.
The department liaises with WA Police to confirm whether cannabis crops and storage lots reported to WA Police or detected during WA Police surveillance are licenced under the Industrial Hemp Act 2004.
The Industrial Hemp Registrar is responsible for issuing industrial hemp licences in WA.
The department assists the Registrar by providing administrative and regulatory support.
The Registrar may issue a licence if the applicant:
- has reached the age of 18
- is a person of good character and repute
- is a fit and proper person to be involved in an activity to be authorised by the licence
- has sufficient material, human and financial resources to carry on any activity to be authorised by the licence
- has such qualifications as may be prescribed by regulations.
Industrial hemp is a summer crop. To get best value from a licence, an application should be submitted in the off-season (between March and August) to allow time for the application to be processed, seed sourced and ground prepared prior to the commencement of the planting season.
No.
An applicant or any relevant person is ineligible if:
- they have been found guilty of an external serious drug offence or a serious drug offence during the period of 10 years ending on the day on which the application was made
- they have an association with a person who:
- is not of good character and repute
- has been found guilty of an external serious drug offence or a serious drug offence during the period of 10 years ending on the day on which the application was made
- the means by which the manner in which or the premises at which the applicant proposes to cultivate, harvest or process industrial hemp are not suitable for carrying out that activity.
No.
An application fee will not be refunded if the application has been refused. However, where an applicant withdraws their application prior to it being determined, the Industrial Hemp Registrar may consider refunding the application fee but is under no obligation to do so.
No.
There is no limit to the number of licences that can be issued.
No. There is no limit on the area that may be sown.
However, the licence application form asks for an indication of the area intended for cultivation to enable appropriate risk assessment for issuing the licence.
- The licence application fee of $328 is payable on lodgement of the application.
- Where a current licence is due to expire and the licensee applies to renew their licence, a licence renewal fee of $131 is payable on lodgement of the application.
Note: the Industrial Hemp Act 2004 requires applications for the renewal of an Industrial hemp licence to be lodged not later than 56 days prior to the date of the licence expiry.
Failure to lodge a renewal application on or before 56 days prior to the licence expiry will result in the requirement to lodge a new application.
- A criminal record check is to be obtained by the applicant at the applicant’s expense, for both the applicant and any relevant person.
- A licence will usually be valid for three years.
- Annual audit inspections and sampling for THC analysis must be conducted by an accredited inspector. These are at the licensee’s expense, and not included in the licence fee.
- THC analysis must be carried out by an accredited laboratory and is also at the licensee’s expense.
The Registrar may impose licence conditions that they consider appropriate to the proposed activity. A number of matters included in licence conditions are requirements under the Act, including:
Seed used for sowing must be certified in an approved manner.
- Seed lots sourced from crops known to contain less than 0.5% THC may be approved by the Registrar on presentation of suitable evidence. Evidence may include:
- A seed bag label produced under an official seed certification scheme (e.g. OECD, AOSCA) which tests and records the THC level of the source crop, or
- Provision of an analysis certificate from a recognised testing authority, showing the parent crop producing the seed as testing below 0.5% THC.
Addition or removal of premises
- The licensee must apply to add or remove premises to the licence for a request to plant Industrial hemp at a new location. The same information as was required for the crop location in the original licence application is required about the new location. The new location must be approved by the Industrial Hemp Registrar before the licensee can plant at the new location.
Addition or removal of relevant persons from the licence
- The licensee must advise the Registrar of any relevant changes in personnel relating to the administration of the crop or license.
Licence conditions also relate to:
- Security measures at the premises, including registers of people accessing the premises.
- Recordkeeping regarding the seed, crop and/or unprocessed product.
- Annual Notification of Planting:
- The licensee must notify the department's Industrial Hemp Monitoring and Compliance team within 1 week of planting an industrial hemp crop.
- Notification of intention to not plant:
- The licensee must notify the department's Industrial Hemp Monitoring and Compliance team of an intention to not plant an Industrial hemp crop no later than 30 November if the licensed premises are below the Tropic of Capricorn, or by 30 June if above the Tropic of Capricorn.
- Audit and crop sampling:
- The licensee is required to notify the department at the appropriate time (for fibre only crops - 4 weeks prior to harvest or one week after male plants begin to flower, whichever is the earlier) and (for seed and dual use crops, when seed set is at 50%) to arrange for an audit of their records and for crop sampling for THC levels.
- Sale or use of seed for sowing:
- Any industrial hemp seed kept for sowing, or offered for sale must be labelled as seed harvested from an industrial hemp crop that tested as having THC levels of less than 0.5% by an approved testing provider.
No.
Unless otherwise approved, a licensee must only cultivate industrial hemp at the site stated in the licence application. However, a licensee may apply to plant at different or extra locations from the location originally approved. The site(s) must be assessed and approved by the Industrial hemp Registrar prior to planting at the new location.
While an area may be indicated on the licence application rather than a specific location, when submitting the planting notification the area must be described in such a way that the department can confirm the location as approved if dealing with an enquiry from WA Police. Simply nominating a property (particularly a large property used to cultivate other crops or keep livestock) is not an accurate way of identifying the location of a crop, storage or processing premises.
No.
If you don’t own the property, a current lease agreement and written consent to grow industrial hemp must be obtained from the owner and be submitted with your application. The owner of the property may need to be included as a relevant person if they would have a financial interest in the Industrial hemp crop.
Yes.
Licensees are required to keep records of certain activities carried out under the licence. For example, seed source records, planting date and harvest records and records of people accessing the premises.
Licensees must ensure that the crop is sampled at the correct time (e.g. when flowering) by an accredited inspector. Generally, an aggregate sample is collected across the entire crop in an effort to minimise costs. However, discrete samples of different lines or varieties can be collected upon request.
The inspector will submit the sample to ChemCentre for THC analysis. The sample must not exceed 1% THC.
The licensee must pay the department for the inspector’s services, and pay the laboratory for the THC analysis.
Industrial hemp seed
A licensee must only use seed that was harvested from an industrial hemp crop demonstrated to have a THC level of less than 0.5%.
Evidence may include:
- a seed bag label produced under an official seed certification scheme (such as OECD, AOSCA) which tests and records the THC level of the source crop
- provision of an analysis certificate from a recognised testing authority, showing the parent crop producing the seed as testing below 0.5% THC.
Yes.
Industrial hemp seed can be purchased from overseas. However, additional costs may be incurred due to Customs and Quarantine clearance requirements. Imported seed must be certified by an accredited body in a manner approved by the Registrar.
Agronomic information
It is not recommended that livestock be allowed to graze industrial hemp residues. Research indicates that THC can remain in animal tissue for several months after feeding on industrial hemp.
Hemp crops are not suitable feed for animals destined for slaughter because the Australian Pesticides and Veterinary Medicines Association (APVMA) requires zero THC in meat for sale.
Crop residues must remain at the site where the industrial hemp crop was produced. Industrial hemp crop residues must not be sold as hay or silage.
The licensee is responsible for controlling volunteer (self-sown) industrial hemp plants on land used to cultivate industrial hemp. After a licensee ceases to occupy an area of land to cultivate industrial hemp, the current occupier of the land is responsible for the control of any volunteer Industrial hemp plants.
Yes.
The Australia New Zealand Food Standards Code was amended in November 2017 to permit the sale of hemp seed and hemp seed oil only as human food products, subject to the restrictions in Food Standard 1.4.4.
Note, however, that a licence to cultivate, harvest and/or process industrial hemp does not address the requirements of the Food Standards Code. A producer must seek the relevant accreditations to produce foodstuffs in accordance with the Code.
Leaves, flowering heads and other parts of the Industrial hemp plant must not be sold as food for human consumption.
Contrary to production of industrial hemp in some other parts of the world, most of WA is too dry in the growing season to produce a crop without irrigation.
Experience demonstrates there is a 500 mm water deficit over the period October to April when both fibre and seed crops are typically grown. Unwatered crops will be stunted and unable to produce enough viable seed to be economic.
Most soil types in this state lack organic matter required to grow a successful crop, fertilisers need to be added to produce an economic crop.
Unless the crop seed bed is very clean prior to seeding, many winter and spring weeds will out-compete the germinating hemp seedlings for the first four weeks. In some cases, the weeds will completely overcome the hemp seedlings. Best practice is to control the weeds prior to seeding, as well as removal of persistent weeds in the early stages of crop growth using selective herbicides. This is especially important in early sown (August to October) crops.
The 2023 AgriFutures Australia Best management practice manual for growing, harvesting and storing industrial hemp in Australia provides further information
Medicines and poisons
No.
The production of medicinal cannabis is licenced by the Australian Government through the Office of Drug Control, an agency of the Australian Department of Health.
No.
Only the Australian Government, through the Office of Drug Control (ODC), can authorise the production and supply of cannabinoids (including CBD) for human therapeutic purposes, regardless of their source.
The supply of medicinal cannabis is regulated by the Australian Therapeutic Goods Administration (TGA).
If the CBD is to be extracted from industrial hemp, an industrial hemp licence will still be required to cultivate, harvest and/or process the crop. However, the WA industrial hemp licence does not and cannot authorise activities regulated by the Australian ODC or TGA.
Further information or enquiries regarding medicinal cannabis should be directed to the Office of Drug Control and the Therapeutic Goods Administration.
This question involves a complex interaction between WA and Australian law.
Applicants and licensees should seek independent legal advice on this subject. Extracts of industrial hemp are not unlawful under the Industrial Hemp Act 2004.
However, extracts of cannabis (including industrial hemp) are Schedule 9 Poisons (Prohibited Poisons) under the national Poisons Standard. Also, the definition of a “medicinal cannabis product” under the Commonwealth Narcotic Drugs Act 1967 is very broad and may capture a product that a licensee may have considered to be non-therapeutic.
The department recommends that an applicant or licensee who proposes to produce extracts of Industrial hemp first seek independent legal advice on this subject before proceeding.