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USDA Publishes Final Rules

On January 19, the USDA published the Final Rules for Establishment of a Domestic Hemp Production Program. The rules are scheduled to become effective March 22, 2021.

These final rules include many of the changes the national hemp industry has weighed in on since late 2019, and are a testament to the importance of lobbying and public engagement in the rulemaking process!  

Top changes include:

  1. Raising the criminal negligence threshold from .5% THC to 1%.

  2. Increase of harvest sampling/testing window from 15 to 30 days. 

  3. Performance-based sampling. 

  4. Expanded options for remediation and disposal. 

The rules do still call for total THC testing and maintain the requirement for DEA registered labs still required!

We will continue to inform our clients about the details of this Final Rule, state implementation, and the impacts on domestic hemp businesses. Please contact us to schedule a consultation with any questions!


Hear from Courtney N. Moran, LL.M. on the USDA Final Rules, Agricultural Hemp Solutions‘ Goals for the 117th Congress on the Think Hempy Thoughts Podcast, with Annie Rouse and Keith Butler!


Learn more about the USDA Rules from Courtney N. Moran, LL.M. on the Lancaster Farming Podcast with Eric Hurlock


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