Release of eagerly awaited interim hemp production rules submitted by the United States Department of Agriculture (USDA) to the Office of Management and Budget (OMB) appears to be on the horizon. It appears as though OMB has completed its due diligence and the interim rules will be published any day.
The USDA regulations will be temporary for the first year, thereby allowing states to participate for the 2020 growing season, as well as afford the opportunity to identify areas that may need clarification.
According to Jonathan Havens, an attorney based in Washington, D.C., the interim rules will include review of state hemp programs, processing requirements, biomass transportation and Tetrahydrocannabinol (THC) testing - specifically the point or points at which THC must be tested.
The legality of transportation of hemp and its derivatives through states that don’t have or don’t want hemp programs, including states that still consider hemp and hemp-derived CBD to be controlled substances, remains a key sticking point since passage of the 2018 Farm Bill.
Mr. Havens, among others, notes that despite the Farm Bill’s language that nothing in the bill authorizes interference with the interstate commerce of hemp, law-enforcement officials in some states continue to have a differing view. The industrial hemp sector hopes the issue will be addressed in the soon-to-be-released hemp production rules.
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