Following the approval of the White House, the United States Department of Agriculture (USDA) published the provisional regulations that will apply to hemp cultivation for the next 2 years. Since the passage of the Farm Bill, which approved the legalization of hemp at the beginning of the year, the American hemp industry has been evolving under uncertainty, without federal regulations and guarantees.
Highly anticipated regulations
In response to political and industrial pressure, the
USDA promised a regulatory plan by the end of 2020. Also, it had already
prepared the ground by accepting, as early as April, the filing of patents on
hemp seeds and by recently clarifying the conditions for importing foreign
hemp. However, the new document specifies that no export plan is in effect at
On the other hand, it specifies the methods for
growing hemp, testing the THC content – which must be less than 0.3% THCA
included – and the protocol for eliminating crops that do not comply with
federal standards. The regulations also provide for the extension of federal
agricultural property insurance to all hemp crops. This insurance is currently
only in force for producers operating as part of the hemp experiment provided
for in the 2014 Farm Bill.
Tests can only be conducted by laboratories approved
by the Drug Enforcement Agency. Samples must be collected two weeks before the
harvest date. Laboratories may allow for a margin of error. Thus, some samples
tested at 0.35% may be acceptable. However, if the samples are not in
compliance, the cultures must be given to a federal officer for disposal.
A method that Shawn Hauser of the cannabis consulting
firm Vicente Sederberg LLP regrets, given the existence of “reasonable
options to remedy excess THC and avoid losses”. “These provisions
look like relics of prohibition and carry a costly risk for farmers, but they
do not surprise anyone. It takes time to move from prohibition to a regulatory
model,” he adds.
The future of American hemp
So,the regulations will be officially published in the US Federal Register. This will be followed by a 60-day public discussion period. At the end of which states and indigenous communities will be able to submit their specific regulatory plans to the USDA. Despite the federal framework, variations are to be expected in each state’s program. States that do not propose a specific plan will fall under the federal regime.
In fact,parliamentarians and governors of some states, including Kentucky, Montana, North Dakota, Maine, Florida, Oregon, Iowa, and Minnesota, have already indicated that their respective jurisdictions will submit a plan as soon as possible. Most of these countries are already growing hemp under the 2014 Farm Bill and will only have to make adjustments. On the other hand, for many other States, the new regulations provide a legal framework for the creation of an ex-nihilo program.
The production of the American hemp industry has
already quadrupled since the passage of the Farm Bill and the publication of
these regulations will undoubtedly further boost production.” At the
Ministry of Agriculture, we are excited about new economic opportunities for
our farmers, and we hope that the opportunity to grow hemp will pave the way
for new products and markets,” said Agriculture Minister Sonny Perdue in a
However, the market for consumer products containing
CBD derived from hemp still suffers from the lack of regulations. The Food and
Drug Administration must provide a legal framework for the production and
marketing of these products (food supplements, cosmetics, smokable flowers).
According to the former director of the agency, this process could take years.
Under pressure, however, the FDA is trying to speed up the process.