On Friday, January 15, the USDA announced a final rule. This rule finalizes federal regulations on hemp. 

“With the publication of this final rule, USDA brings to a close a full and transparent rule-making process that started with a hemp listening session in March 2019,” said USDA Marketing and Regulatory Programs Under Secretary Greg Ibach. “USDA staff have taken the information you have provided through three comment periods and from your experiences over a growing season to develop regulations that meet Congressional intent while providing a fair, consistent, science-based process for states, tribes and individual producers. USDA staff will continue to conduct education and outreach to help industry achieve compliance with the requirements.”

The Final Rule

Unfortunately, not all of the requests that stakeholders requested made it into the final rule. But many did. Below are the biggest changes announced in the USDA final rule:

• There is an additional flexibility when it comes to THC negligence standards. Hemp, as defined in the Farm Bill, contains less than 0.3% of Delta 9 THC. This has increased to one percent without having to eradicate the whole plant.
• Only certified DEA labs can test hemp plant concentration levels. Growers have until 2022 to find a certified lab for testing
• Hemp plant testing is extended from 15 to 30 days in order to decrease backlonging testing.
• Pre-harvest samples still required. Now, they can come from the cannabis flower rather than the whole plant (recommended sample taken 5-8 inches from the stem of the plant)
• Temporary disposal requirements are now permanent. Hemp plants that contain more than THC must be disposed of properly on-site.
• Instead of strict federal sampling requirements, the final rule makes it more “performance-based” sampling

With rules defined, the hemp industry can continue to grow successfully with clear and concise laws to follow. The USDA plans to officially publish the final rule on January 19th with hopes of implementation beginning in March.

Make sure to check back for more cannabis and hemp news.