Hemp Regulations Create Compliance Challenges – Cannabis & Hemp – United States – Mondaq News Alerts

Hemp Regulations Create Compliance Challenges - Cannabis & Hemp - United States - Mondaq News Alerts

United States:

Hemp Regulations Create Compliance Challenges

12 March 2020

Wilson Elser Moskowitz Edelman & Dicker LLP

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Ian Stewart (Partner-Los Angeles), Justin Dobek
(Associate-Chicago) and Ruben Espinosa (Associate-New York)
collaborated on an article titled “Hemp Regulations Create
Compliance Challenges” that appeared in the March/April 2020
edition of Claims magazine. The authors noted that the
U.S. Department of Agriculture has completed a 60-day public
comment period on the interim final rule for its U.S. Domestic Hemp
Production Program, and will publish finalized rules within two
years. USDA is now in the process of authorizing state plans for
commercial hemp production. Although hemp also may be cultivated
pursuant to authority granted by the 2014 Farm Bill, that authority
sunsets on October 31, 2020. While the initial reaction to the
interim rules has been generally negative, the public comments may
result in the loosening of some of the regulations. Many are
concerned with the USDA’s definition of the 0.3% THC limit for
legal hemp and restrictive testing methodologies un­der a new
federal testing standard. In summary, the authors observe:
“The USDA readily ad­mits that testing for THC
concentration is susceptible to error, which is currently managed
under the proposed regulations by a margin of error allowance. The
individual states should work with the USDA during the public
comment period to determine what acceptable testing and sampling
procedures should be implemented in the final interim

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