USDA Draft Hemp Regulations Are Out
[Editor’s note: This is our initial post on the USDA’s Interim Rule regarding hemp production, written on my iPhone shortly after the Rule was issued. Since publishing this article we have published several more in-depth articles, which you can read by clicking here, here, and here. -Rod Kight]
The USDA issued its draft hemp regulations today. You can read them by clicking here.
This is something that the hemp industry has been eagerly and anxiously awaiting for months. I am in the process of reading and analyzing the 161 page document now, but on first glance it appears that the USDA has created at least two provisions regarding testing that will have a dramatic effect on the industry.
The first is that the regulations have adopted a “total THC” standard. Although either gas chromatography or high performance liquid chromatography (HPLC) testing methods can be used, the testing must account for total “potential” delta-9 THC. With HPLC this is accomplished through the use of a mathematical formula. Here are the relevant provisions:
Second, all analytical testing for THC must be done by DEA licensed labs. Testing is already backlogged. This requirement may exacerbate it.
Stay tuned. There will be more analysis to follow.
October 29, 2019
Rod Kight is an attorney who represents lawful cannabis businesses. He speaks at cannabis conferences across the country, drafts and presents cannabis legislation to foreign governments, is regularly quoted on cannabis matters in the media, and maintains the Kight on Cannabis legal blog, where he discusses legal issues affecting the cannabis industry. You can contact him here.