USDA publishes hemp rule

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Two years after the 2018 farm bill legalized the cultivation of industrial hemp, the USDA completed work on a regulation to oversee production.

While some are hopeful hemp could become a profitable crop grown in the United States, others ay there will be a low demand for hemp acreage.

The final rule, which takes effect on March 22, sets a higher THC limit at 1 percent for determining when plants must be destroyed and makes it easier to dispose of them. It also allows more time — 30 days — to harvest crops after collecting samples for THC testing and expands, for this year, the number of laboratories that can analyze the samples than initially proposed by the USDA.

“The transition from prohibition to a legal and regulated system takes time and USDA’s final rule is a historic step forward for hemp in the United States,” said attorney Shawn Hauser of the law firm Vicente Sederberg LLP. “We will continue to work with regulators and through Congress to perfect the regulatory structure for hemp.”

With the change in administration, the hemp rule may come under scrutiny from Biden appointees, industry officials told Hemp Industry Daily.

“While modifications provided relief for farmers on disposal, THC negligence and the harvest window after sampling, there are still several areas of concern that the USDA did not appear to budge on, including sampling requirements and the mandate for laboratories to register with the U.S. Drug Enforcement Administration.”

The final hemp rule was published in the Federal Register and is available at https://www.federalregister.gov/.