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USDA Final Hemp Regulations

According to the USDA final hemp regulations, all the cannabis business owners need to think about the total THC levels in their hemp being cultivated for CBD. Official regulations are producing much confusion, and here are some facts you need to know if you want to be in the cannabis business. They apply for hemp grown under the 2018 Farm Bill, but not that grown under the 2014 Farm Bill.

USDA Final Hemp RegulationsWhat Do USDA Final Hemp Regulations Say

On October 29, 2019, USDA issued the final Rule that addresses the THC levels in cannabis products. One look at the regulations reveals that the THC level must not exceed 0.3% in any final product derived from hemp. What does this mean for businesses and hemp producers? More troubles and more problems with THC tests.

One thing is for sure. In order to sell cannabis products across state lines, you have to meet the required 0.3% total THC level. This is not always possible, especially because not each hemp is made equally. In some strains, you will find much higher levels that affect the overall THC level in the final product. How to comply with the regulations then? The harvesting methods can play a huge role in the overall THC content.

Post-harvesting testing is already the final execution. What about pre-harvesting testing? Most growers grow the plants that have lower levels of THC and therefore, they avoid the hemp tests “hot” scenarios. It is important to find the hemp that is lower in THC as this will affect the future testing results.

The USDA final hemp regulations also require that all samples tested for THC concentration must be conducted in DEA registered laboratories. This means you cannot test your product in any laboratory except the one with an official license. One questions arise. Do we have enough DEA laboratories across the country? Many farmers, growers, and dispensaries agree we don’t have enough laboratories under the DEA regulations. This could be a big problem for business owners who want to conduct regular testing of their products.

Another Great Image from the Oregon CBD Seeds people:

why is hemp .3% THC?

Thanks to Oregon CBD Seeds

Hemp Total THC Level Is What Is the Most Important Now

In the USDA final hemp regulations, you can find strict requirements that address the overall difference between THC content and delta-9 tetrahydrocannabinol content. During the testing methodology for THC levels in hemp, delta-9 tetrahydrocannabinol represents the sum of the THC and THC-A content in hemp. It is all measured on a dry wet basis.

What is actually measured on the test is the post decarboxylation value of THC which doesn’t include the THC-A content. In this matter, only the amount of post decarboxylation value in THC represents the real amount of THC content that is measured. The testing is done by a high-performance liquid chromatograph technique that removes the carboxyl group from a compound—in this case, from THC.

As a result, we have more accurate results in delta-9 tetrahydrocannabinol testing, which is a change in official regulations.

How Will Different States Comply with the USDA Final Hemp Regulations

More than half of the states are regulating their rules according to the USDA final hemp regulation. In these states, you are able to produce, sell and buy cannabis under certain conditions. Under the term “state”, we recognize one of the fifty States of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.

Each state that has legalized the production and distribution of cannabis tries to comply with the rules to meet the federal minimums. For example, interstate shipping of hemp and hemp products is regulated by the official USDA-approved plan. This means that any prohibition by a State or Indian Tribe would be in direct conflict with federal law.

Transportation between the states is possible only if the action is accepted by the United States Constitution law.

What Are Licensing Requirements in the USDA Final Hemp Regulations?

All applicants who want to apply for the USDA hemp producer license need to have a valid license before producing, cultivating or storing hemp. Applicants may submit an application for a new license between December 2, 2019 and November 2, 2020.

Required information for hemp cultivation applicants include the following:

• Contact information (Full name, residential address, telephone number, and email address)

• Business information if the applicant is a business entity

• Criminal history report

All the application forms shall be submitted to USDA.

Which Consequences We Will See with the USDA Final Hemp Regulations

Speaking about the consequences of USDA final hemp regulations, we must say that the Rule will dramatically reduce all the hemp varieties that can be cultivated. Just because of the 0.3% total THC limit, hemp producers will now have to selectively cultivate hemp that is naturally low in THC. This means less variety and in most situations, less quality. THC levels can creep up – so much of the new hemp may have to be harvested unripe and wipe out the smokable hemp flower market.  Selected hemp will have to comply with the regulations and there will be no room for experimenting with different types of hemp in the cultivation process.

Another consequence of the Rule will be directly affecting the profit in the cannabis business. Farmers who produce natural hemp will be way behind the farmers who are in the business with genetics. Modified hemp is made to pass the THC tests and this fact changes the game for all the farmers. Now, farmers who are focusing on genetically modified products will have more opportunities to sell and distribute cannabis products.

The game is not fair for everyone, but it brings chances for all the farmers. If the traditional cultivation process is no longer sustainable, there are solutions that bring much more benefits. Cultivating low THC hemp and taking necessary measuring during the harvest time will significantly improve the business. With education and patience, we will have many more cannabis products that serve the purpose of healing and recreation.

New USDA final hemp regulations claim 0.3% hemp total THC levels. At the same time, they change the overall delta-9 tetrahydrocannabinol level measuring. With this in mind, we must find the new hemp seeds that will comply with the regulations at the end of the THC measuring process.

Will this new rule bring more quality hemp and more effective cannabis products? It is left to see. Many states are still in the process of acquiring new rules, and many farmers are wondering if this change will have a positive or negative impact on their cannabis business. Time will tell.  The cannabis plant is not done evolving yet.

 

 

Thomas Howard

Thomas Howard

Cannabis Lawyer

Thomas Howard has been in business for years and can help yours navigate towards more profitable waters.

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime.

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cannabis industry lawyer

316 SW Washington St, Suite 1A Peoria,
IL 61602, USA
Call Us 309-740-4033 || e-Mail Us [email protected]

cannabis industry lawyer

150 S. Wacker Drive,
Suite 2400 Chicago IL, 60606, USA
Call Us 312-741-1009  || e-Mail Us [email protected]
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