USDA Issues Final Rule on Hemp Production

By Lauren Mendelsohn

January 19, 2021

On Friday, January 15, 2021 the United States Department of Agriculture (USDA) issued its much-anticipated final rule on domestic hemp production.

The final rule incorporates some key changes that industry stakeholders have been pushing for since the interim final rule was published in 2019. Some of these changes include a doubling of the threshold for what is considered a negligent violation for producing “hot hemp” from 0.5% THC to 1% THC, and an increase in the time period allowed for sample collection from 15 days before harvest to 30 days before harvest. Due to a shortage of DEA-licensed laboratories to test hemp, the final rule would allow non-DEA registered labs to test hemp until December 31, 2022. The final rule would also allow for remediation of non-compliant hemp crops in certain circumstances.

You can access the full text of the final rule here:

USDA Final Rule – Establishment of a Domestic Hemp Production Program

Additional information about the USDA’s final rule for hemp production is available on its website.

Stay tuned to our blog for further analysis of state and federal hemp laws and regulations.

 

This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding hemp or cannabis regulations and licensing requirements, contact the Law Offices of Omar Figueroa at 707-829-0215 or info@omarfigueroa.com to schedule a confidential legal consultation.