Industrial Hemp Regulations 2026

Industrial Hemp Regulations 2026

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Industrial Hemp Act 2015 .

3 February 2026

B. BAKER

Governor

By Her Excellency's Command,

G. B. PEARCE

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Industrial Hemp Regulations 2026 .

2.   Commencement

These regulations take effect on 2 March 2026.

3.   Interpretation

In these regulations –

Act means the Industrial Hemp Act 2015 .

4.   Certification of hemp seed

For the definition of certified hemp seed in section 4 of the Act, seed is certified hemp seed if tests undertaken in accordance with a quality-assurance program approved by the Secretary show the seed will typically produce hemp plants of the kind referred to in that definition.

5.   Corresponding laws for drug-related offences

For the definition of corresponding law in section 4 of the Act, a law of another State or a Territory that substantially corresponds to an Act referred to in the definition of drug-related offence in that section is declared to be a corresponding law.

6.   Circumstances in which Secretary must refuse to grant special research licence

For section 9(4) of the Act, the Secretary is required to refuse to grant a special research licence to a person if the Secretary is not satisfied the person has demonstrated the following:

(a) scientifically valid research methods and approaches will be used for scientific research carried out under the licence;

(b) the potential benefits to the industrial hemp industry of the scientific research, instruction, analysis or study;

(c) appropriate safety and security measures will be put in place to ensure the hemp is secured against loss, theft or unauthorised interference.

7.   Hemp to be tested before harvest

For section 24(2) of the Act, hemp being grown under a licence is to be tested, before the hemp is harvested, at the appropriate time or times for determining the concentration of THC in the hemp.

8.   Infringement notice offences and penalties

For section 32(1) and (5)(a) of the Act –

(a) an offence against a provision of the Act specified in Schedule 1 is prescribed to be an infringement offence; and

(b) the penalty specified opposite the relevant provision in that Schedule is prescribed as the penalty payable under an infringement notice for that offence.

SCHEDULE 1 - Infringement notices

Regulation 8

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 11 February 2026

These regulations are administered in the Department of Natural Resources and Environment Tasmania.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –

(a) provide for the certification of hemp seed; and

(b) declare, in relation to the suitability of an applicant for an industrial hemp licence or special research licence, corresponding laws for drug-related offences; and

(c) specify circumstances in which the Secretary of the Department of Natural Resources and Environment Tasmania must refuse to grant a special research licence to a person; and

(d) require the THC concentration of hemp grown under a licence to be tested before harvest; and

(e) prescribe certain offences as offences for which an infringement notice may be issued; and

(f) are made consequent on the repeal of the Industrial Hemp Regulations 2016 under section 11 of the Subordinate Legislation Act 1992 .