{"id":232508,"date":"2021-01-22T19:07:15","date_gmt":"2021-01-23T01:07:15","guid":{"rendered":"https:\/\/cannabisindustrylawyer.com\/?p=232508"},"modified":"2025-07-14T17:02:01","modified_gmt":"2025-07-14T23:02:01","slug":"usda-final-rule-on-hemp","status":"publish","type":"post","link":"https:\/\/cannabisindustrylawyer.com\/usda-final-rule-on-hemp\/","title":{"rendered":"USDA Final Rule on Hemp"},"content":{"rendered":"
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USDA Final Rule on Hemp – Total THC – Delta 8 & Remediation<\/b><\/h2>\n

\"USDAUSDA Final Rule on Hemp was finally released on January 15, 2021 based on the previous set of USDA hemp regulations<\/a> that drew public comments from almost 6,000 people. USDA Final Rule on Hemp will be effective on March 22, and is currently available for viewing in the Federal Register<\/a>.<\/strong><\/p>\n

This time, the latest USDA Final Rule on Hemp makes several highly praised changes, superseding the DEA interim final rule (IFR)<\/a>, that are seen as favorable to both hemp producers and regulatory authorities.<\/strong><\/p>\n

Although contentious aspects of the IFR remain, industry members are hopeful they will be amended in time, and this could represent a new era of more industry friendly regulations.<\/strong><\/p>\n

RELATED POST: Is Delta-8 Legal?<\/a><\/strong><\/p>\n

RELATED POST: DEA Hemp Rule (IFR)<\/a><\/strong><\/p>\n

What Does USDA Final Hemp Regulations Say<\/span><\/h2>\n

This USDA Final Rule on Hemp includes regulations to approve plans submitted by States and Indian Tribes for the domestic production of hemp. This rule also includes regulations on the Federal hemp production plan for producers in States or territories of Indian Tribes that do not have their own USDA-approved plans.<\/span><\/p>\n

\u00a0The program provides requirements for maintaining records about the land where hemp is produced, testing the levels of total delta-9 tetrahydrocannabinol, disposing of non-compliant plants, licensing hemp producers, and ensuring compliance under the new program.<\/span><\/p>\n

The USDA Final Hemp Regulations on Sampling<\/span><\/h3>\n

The USDA Final Rule on Hemp made several changes to sampling that should reduce burdens on both growers and authorities.<\/span><\/p>\n

After many public comments stating that 15 days was far too little time to collect an appropriate amount of samples from each producer in the state, the rule increased the sampling window. Samples for testing now need to be taken up to 30 days before a farmer plans to harvest.<\/span><\/p>\n

The rule also slightly modified from<\/span> where<\/span><\/i> on the plant samples need to be taken. While the IFR required collecting a sample from the top third portion of the plant, USDA Final Rule on Hemp determines samples should be taken \u201capproximately five to eight inches from the \u2018main stem\u2019, \u2018terminal bud\u2019, or \u2018central cola\u2019 of the flowering top of the plant.\u201d<\/span><\/p>\n

This will allow sampling agents to collect more stem and leaf material than previously allowed and reduce instances of hot crop, given that\u00a0 stems and leaves typically contain lower levels of cannabinoids, and THC, than the flowers.<\/span><\/p>\n

Sampling protocols may take into account:<\/span><\/p>\n

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  • seed certification processes that identify varieties that have consistently produced compliant hemp plants;<\/span><\/li>\n
  • whether the producer is conducting research on hemp at an institution of higher learning or that is funded by a federal, state or tribal government;<\/span><\/li>\n
  • whether a producer has consistently produced compliant hemp plants over an extended period of time;<\/span><\/li>\n
  • whether a producer is growing \u201cimmature\u201d hemp, such as seedlings, clones, microgreens or other non-flowering cannabis, that does not reach the flowering stage;<\/span><\/li>\n<\/ul>\n\n\t\t
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