The United States Department of Agriculture (USDA) released the Final Rule for industrial hemp production, which will go into effect on March 22, 2021. The USDA made many notable changes to their Interim Final Rule based on public comments, including extending the harvest period up to 30 days from the time of sampling to measure the acceptable tetrahydrocannabinol (THC) limit (the main psychoactive constituent of cannabis), and removed burdens on law enforcement to dispose of non-compliant hemp that tests above acceptable THC limits. While the USDA subsequently delayed interim requirements to test hemp through laboratories registered with the federal Drug Enforcement Administration (DEA), the Final Rule maintains this requirement. As it stands, there are an insufficient amount of these DEA-registered laboratories to process hemp samples not only in the state, but also nationwide. However, the DEA will delay enforcement of this requirement until January 1, 2022 while they attempt to process laboratory registration applications and attempt to prevent significant testing backlogs from occurring.
On Wednesday, the Office of Administrative Law approved California Department of Food and Agriculture (CDFA) industrial hemp cultivation regulations, which went into effect immediately. These new requirements will, among other things, require County Agricultural Commissioners to conduct random, annual inspections of hemp registrants to verify information, confirm crop destruction and ensure proper recordkeeping. CDFA will open a new rulemaking in the future to ensure California’s regulatory plan complies with the USDA’s Final Rule. More information on USDA’s Final Rule can be viewed here. RCRC’s letter to USDA can be viewed here.