USDA released its interim final rule covering hemp production, with the measure coming into effect October 31. The plan would set up a nationwide regulatory framework to oversee commercial production of the newly legalized crop in time for the 2020 growing season.
USDA said the measure will be in effect for two years and the agency will accept public comments as it considers potential revisions. USDA said it will act on state plans within 60 days of submission after it publishes the rule in the Federal Register.
Some have expressed concern on the testing provisions in the plan. USDA said samples of hemp flower to be collected by a USDA - or state-approved agent within 15 days of anticipated harvest, and the sample must then be tested at a Drug Enforcement Agency (DEA) registered laboratory using one of several widely used methods, including post-decarboxylation as well as gas or liquid chromatography. However, USDA appears to have acknowledged the variance in testing methods, including a "measurement of uncertainty" for testing results that effectively bumps the legal THC level from 0.3% to 0.5%.
Under the plan, states can set stricter rules but they cannot put rules in place that have easier standards than those laid out by USDA.
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