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Marihuana Growers Q&A
Question: Is a Drug Enforcement Administration (DEA) registration to bulk manufacture Marihuana necessary to grow hemp?
Answer: The growing of hemp is regulated by the United States Department of Agriculture (USDA), please see the U.S. Department of Agriculture's hemp regulations. EO-DEA241, December 21, 2021
Question: What DEA application do I apply for to bulk manufacture Marihuana?
Answer: A DEA Form-225, which is on DEA's Registration page. EO-DEA241, December 21, 2021
Question: If I want to apply with DEA to be registered as a bulk manufacture of Marihuana, do I have to agree to a Memorandum of Agreement (MOA)?
Answer: Yes, you would have to be willing to agree to a MOA which is subject to change by DEA. Download copy of the current MOA template (PDF). EO-DEA241, December 21, 2021
Question: What size of vault is needed for a Bulk Marihuana registration?
Answer: The size of the vault or safe is determined by the applicant in accordance with the requirements of 21 CFR 1301.72(a). This provision explains the requirements for safes or vaults of various sizes, including the specifications for minimum times required to obtain various types of entry, requirements for securing or constructing the safe or vault, and alarm and electronic monitoring requirements.
In selecting a safe, the applicant should bear in mind that, under the Memorandum of Agreement executed between the Drug Enforcement Administration (DEA) and each registered bulk manufacturer of marijuana, a registered grower must demonstrate to DEA's satisfaction that it can prevent the commingling of marihuana stocks owned by DEA on behalf of DEA with stocks of marihuana that DEA has subsequently distributed back to the grower pursuant to a DEA-issued procurement quota. EO-DEA234, October 28, 2021
Question: What type of fencing is needed for a Bulk Marihuana registration?
Answer: DEA requires that applicants and registrants provide effective controls and procedures to guard against theft and diversion of controlled substances set forth in 21 CFR 1301.71. Title 21 CFR 1301.73 requires that manufacturers securely lock processing areas for in-process substances where the process cannot be terminated at the end of each workday, with adequate security for the area or building. If alarms are required, they must alert a 24-hour monitoring station. 21 CFR 1301.72–1301.76 set forth the security requirements the standards for the physical security controls and operating procedures necessary to prevent diversion. Materials and construction which will provide a structural equivalent to the physical security controls set forth in 21 CFR 1301.72, 1301.73 and 1301.75 may be used in lieu of the materials and construction described in those sections. EO-DEA234, October 28, 2021
Question: What type of starting material can be used and where can I obtain it?
Answer: Applicants determine what starting material they need and how to obtain it. EO-DEA234, October 28, 2021
Question: If starting material is imported, do I need a DEA import registration?
Answer: If the starting material is a controlled substance then a DEA import registration is required. EO-DEA234, October 28, 2021
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