The Agricultural Act of 2018, better known as the 2018 Farm Bill, authorizes the US Department of Agriculture (USDA) to approve plans submitted by states, territories and Native American tribes for the commercial production of hemp. Under the 2018 Farm Bill, “hemp” is the cannabis plant and any part of that plant, including the seeds and all derivatives, extracts, and cannabinoids, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. The USDA is currently drafting regulations on hemp production, which could address topics such as sampling processes, testing requirements, disposal of violative plants and products derived from those plants, inspections, licensing, compliance and other procedures.

To solicit stakeholder input on these procedures and their implementation, the USDA Agricultural Marketing Service hosted the 2018 Farm Bill Webinar on the Domestic Hemp Production Program on March 13, 2019. The webinar drew more than 2,100 participants and featured over 40 speakers, including state agricultural and government officials; representatives of Native American tribes; and representatives from banks, testing laboratories and standards organizations, trade associations, law firms and hemp product companies.

During the webinar, the USDA announced plans to issue its regulations in fall 2019, in time for the 2020 growing season. However, this timeline may be a tall order, given the number of complex and controversial factors involved, such as plant testing procedures and interstate transportation of hemp and hemp products. Based on the robust discussions during the webinar, any regulations or procedures for plant testing are likely to be heavily scrutinized, as different states test different portions of the plant; test the plants at different times (e.g., before or after harvest); and use different testing methods.

Click here to view the full webinar.