Farm Bill 2014 Expiration: What Does It Mean For The State’s Hemp Programs? | Vicente Sederberg srl

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After several extensions, the 2014 Farm Bill is finally due to expire on December 31, 2021. As of January 1, 2022, all states must either have a USDA-approved hemp production plan or cede regulatory oversight over hemp cultivation to USDA (allowing farmers to receive a license directly from USDA).

Current Status of State Hemp Programs

With the impending repeal of the 2014 Farm Bill, most states have already developed 2018 Farm Bill programs that the USDA has approved. Several states have submitted plans to the USDA which are currently under review but have not yet been approved. These states include Arizona, California, Illinois, Maine (see comment below on Maine), Montana, New Mexico, North Dakota, Oregon, Utah, and Vermont.

Hawaii, Mississippi, New Hampshire, North Carolina, and Wisconsin chose to defer authority to USDA and allow USDA to issue producer licenses directly to farmers.

Although the state has not submitted a plan to the USDA, Alaska indicated his intention to submit it before the end of the year.

According to the USDA, Maine may be the only state in the United States not to have an approved hemp plan in place by year-end.

See the current state of state and tribal hemp programs.

Hemp production under the 2014 Farm Bill

The 2014 Farm Bill allowed states to implement pilot programs regulating hemp production. These pilot programs had limited oversight from the federal government and allowed the production of hemp for limited research purposes. Research objectives permitted under the Farm Act of 2014 included “market studies” and many states have used this category to establish strong programs regulating the production, processing and sale of hemp for a wide range of industries. uses and products, including the sale of CBD. some products.

Hemp Regulations under the 2018 Farm Bill

With the 2014 Farm Bill set to expire this month and no further extensions planned, states wishing to retain their regulatory authority over hemp production must develop regulatory programs that meet the requirements of the 2018 Farm Bill and the The USDA Final Rule for Hemp Production. States that choose not to regulate hemp under a 2018 Farm Bill program may allow hemp growers to operate under a USDA federal license. Under the 2018 Farm Bill, states also have the power to be more restrictive than the federal government when it comes to hemp production. States can prohibit the production of hemp within their borders, but cannot limit the transport of hemp across the state.

The USDA must first approve state programs under the 2018 Farm Bill before it becomes operational. Under the 2018 Farm Bill, state hemp programs must meet several requirements, including:

  • Reporting requirements for location and area of ​​planted hemp

  • Sampling and testing requirements to ensure hemp remains within “acceptable levels of hemp THC”

    • States may establish “performance-based sampling” programs

    • Hemp should be tested for total THC, as opposed to the less restrictive delta-9 THC standard

      • “Total THC” is defined as “the post-decarboxylation value of THC, either after gas chromatography test or by LC after use of a conversion factor. LC does not use decarboxylation as part of the process and this addition must take into account the conversion of THCA to THC if decarboxylation was part of the process. The addition of 87.7 percent THCA is applicable if the testing laboratory uses LC with detection to measure THC. Total THC is measured THC plus 87.7 percent THCA.

    • The maximum window for taking samples before harvest should not exceed 30 days

    • Testing must be performed by DEA registered laboratories (application of this requirement is delayed until December 31, 2022)

  • Disposal or sanitation requirements for cannabis plants with THC levels greater than 0.3%

  • A “corrective action plan” for violations of the hemp program rules

Vicente Sederberg srl constantly monitors state and federal laws and regulations for changes affecting hemp production and processing.

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