Home Marijuana USDA Hemp Remaining Rule: Hits and Misses – Canna Legislation Weblog™

USDA Hemp Remaining Rule: Hits and Misses – Canna Legislation Weblog™


Final Friday, January fifteenth, the U.S. Division of Agriculture (the “USDA”) introduced right this moment’s publication of its hemp manufacturing closing rule within the Federal Register, which can go into impact on March 22, 2021. This closing rule builds on the interim closing rule (the “IFR”) that was revealed on October 31, 2019. It contains revisions based mostly on three public remark intervals (you possibly can learn extra on this problem here and here) but in addition takes into consideration “classes discovered from the 2020 rising season.”

These new hemp rules include six key provisions, which embrace:

  1. Licensing necessities;
  2. Recordkeeping necessities;
  3. Procedures for testing the THC degree focus within the hemp plant;
  4. Procedures for disposing of non-compliant hemp (i.e., hemp that exceeds acceptable THC threshold);
  5. Compliance provisions; and
  6. Procedures for dealing with violations.

Probably the most vital revisions made to the IFR pertain to the procedures for testing the THC focus and people for disposing of non-compliant hemp. Beneath are the highlights.

1.    Time of pattern assortment

The USDA agreed with the issues expressed by commenters relating to the burden of imposing harvest inside 15 days of sampling. Because of this, the federal company prolonged the window inside which hemp should be harvest to 30 days following sampling.

2.     Sampling technique

   a.     The place to pattern from the plant

The Remaining Rule maintains the requirement that pre-harvest samples be taken from the flower materials of hemp crops. The business might be disenchanted with this determination; many had been advocating that samples needs to be taken from the “complete plant.” Thankfully, the Remaining Rule does present extra data than the IFR on the place to chop the plant materials. Particularly, the Remaining Rule offers {that a} lower needs to be made 5 to eight inches from (1) the “major stem” (contains leaves and flowers, the (2) “terminal bud (happens on the finish of the stem), or (3) the “central cola” (lower stem that has the potential of growing right into a bud) of the flowering prime of the crops.

In accordance with the USDA, this new commonplace

strikes an acceptable stability between the necessity to acquire a sufficiently giant portion of the plant’s flower (the place THC and different cannabinoids are their most concentrated), and the necessity to keep away from slicing a portion that’s so giant that it could be logistically tough to move, dry, and put together for lab testing.

  b.    Sampling brokers

The USDA is engaged on publishing extra coaching assets for sampling brokers to assist guarantee consistency within the method during which samples are collected nationwide.

3.     Acceptable THC threshold

The Remaining Rule maintains the full THC restrict, which is the sum of the delta-9-THC (“THC”) and THC-acid (“THCA”) content material. As now we have repeatedly discussed on this weblog, the full THC restrict is problematic as a result of this testing technique tends to extend the THC focus within the hemp pattern, making it tough to not exceed the allowed threshold. Furthermore, as a result of few hemp genetics presently available on the market would adjust to a complete THC testing technique, this rule forces producers to rigorously choose the varieties of seeds they purchase from a restricted pattern.

4.     Negligence threshold

Hemp producers are required to eliminate crops that exceed the appropriate THC degree. However, if the plant exams at or beneath the newly adopted 1%  negligence threshold (the USDA elevated it from 0.5%, fortunately), then producers won’t have dedicated a negligent violation. Word that the Remaining Rule limits the utmost variety of negligent violations {that a} producer can obtain in a rising season to at least one.

5.     Registration with DEA

The Remaining Rule maintains the requirement that each one hemp testing laboratories be registered with the DEA. Nevertheless, because of the restricted variety of DEA-registered labs to check anticipated hemp produced in 2020 and presumably in 2021, the USDA has satisfied the DEA to additional delay enforcement of this requirement till January 1, 2022 (the unique delay prolonged to October 31, 2020, or the publication of this Remaining Rule). The USDA continues to argue that this requirement is required as a result of labs might probably obtain hemp that exceeds the licensed 0.3% THC threshold (i.e., marijuana).

6.     Non-compliant hemp disposal

The Remaining Rule affords different disposal strategies that don’t require using a DEA-registered reverse distributor or legislation enforcement. These different disposal strategies may be discovered here.

7.     State and tribal plan approval

Lastly, the Remaining Rule addresses the potential want for states and tribes to revise and resubmit for approval their plans in an effort to align with the necessities imposed below the Remaining Rule. The Remaining Rule additionally stipulates that states could proceed working below the 2014 Farm Invoice till January 1, 2022. Whereas this feature will additional delay the institution of a uniform nationwide hemp program, it’s going to afford states extra time to revise their plans and rules and put together growers to adjust to the Remaining Rule, which is an effective factor.


In sum, the Remaining Rule accommodates improved rules that recommend one other step in the direction of full implementation of the 2018 Farm Invoice. However, rules such because the testing of hemp crops utilizing DEA-registered labs are sure to trigger extra complications for the business. This can be a disgrace given the quite a few challenges with which hemp stakeholders have been confronted for the previous two years.

At this level, all we are able to want for is that the Biden administration, together with incoming Secretary of Agriculture Tom Vilsack, will promptly sort out the lingering points that will additional hinder the expansion and improvement of this promising business.