Friday, March 19, 2021

USDA hemp rules finalized after much push and pull

The U.S. Department of Agriculture has finished its review of a final rule for industrial hemp production, with an effective date of March 22. The 2018 Farm Bill legalized hemp but sparse regulations led to widespread confusion and problems for producers and processors. The new rule is meant to address those concerns after much feedback from growers, state agencies, and industry groups nationwide.

"The final rule includes provisions for the USDA to approve hemp production plans developed by states and Indian tribes including requirements for maintaining information on the land where hemp is produced, testing the levels of delta-9 tetrahydrocannabinol, disposing of plants not meeting necessary requirements and licensing requirements," Robert Hoban, an attorney who specializes in the cannabis industry, reports for Forbes. "It also establishes a federal plan for hemp producers in states or territories of Indian tribes that do not have their own USDA-approved hemp production plan."

Kentucky Agriculture Commissioner Ryan Quarles, whose feedback about potential problems with the interim final rule resulted in several adjustments to the final rule, said he is encouraged by it, but warned, "Additional challenges remain for the nation’s hemp industry, especially in light of the continued lack of action by the Food and Drug Administration. If this industry is to be successful, we need FDA to deliver clarity on hemp-derived cannabidiol products and their guidance cannot come soon enough."

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