State Agriculture Departments Across U.S. Push Congress To Triple The THC Limit For Hemp As 2024 Priority

The National Association of State Departments of Agriculture (NASDA) is calling on Congress to increase the THC limit for legal hemp as one of their 2024 policy priorities.

As lawmakers resume work on the next iteration of the Farm Bill, the group representing state agriculture officials in 50 states and four U.S. territories is aligning itself with hemp industry stakeholders, urging Congress to more than triple the THC threshold for hemp from the current limit of 0.3 percent THC by dry weight to 1 percent.

“Increasing the THC concentration to one percent would enable farmers to plant more seed varieties,” NASDA said in a one-pager describing its 2024 Farm Bill asks. “This action also retains limits on THC concentration while giving farmers greater assurance their crop will be viable.”

It’s one of five key policy areas for the legislation that the association says it will be focusing on this year. NASDA CEO Ted McKinney said in a press release on Monday that members “see urgent need for action in these areas to support farmers and ranchers in their ability to grow our nation’s food, fiber and fuel.”

“Further, we believe these are the areas where state departments of agriculture are uniquely positioned to champion policy solutions this year,” he said.

The 0.3 percent THC limit for hemp that was imposed under the 2018 Farm Bill that federally legalized the crop has long been subject to criticism from stakeholders and lawmakers across the aisle. And one Justice Department researcher recently called into question the rationale for the restriction, suggesting it was arbitrarily decided based on a 1950s-era article that was adopted into federal statute.

NASDA members have chosen five issues to serve as the organization’s primary policy focus for 2024 – the 2024 #FarmBill, #foodsafety, #laborreform, #pesticide regulation and #PFAS. Learn about each issue: https://t.co/WfyIzepTV3pic.twitter.com/Vec1etgFDC

— NASDA (@NASDAnews) January 22, 2024

Meanwhile, the Congressional Research Service (CRS) recently outlined how differing policy priorities among industry stakeholders could complicate the task of updating the farm bill’s hemp provisions, but there are several areas of agreement within the top industry groups.

One of those shared interests is amending the law to raise the THC limit to one percent for compliant hemp—a proposal that was also addressed in a standalone bill from Rep. Chellie Pingree (D-ME) in 2022.

It’s unclear if congressional lawmakers will ultimately tackle the Farm Bill this year. The 2018 version was set to expire at the end of last year, but it was extended under a bill President Joe Biden signed.

There have been a number of other hemp bills that were filed this session that lawmakers may also consider folding in to the broader agricultural legislation.

One bipartisan bill filed last March seeks to end what critics say is a “discriminatory” federal policy that bars people with prior felony drug convictions from owning or leading legal hemp businesses.

Another measure introduced with bipartisan sponsors last year would reduce regulations on farmers that grow industrial hemp for non-extraction purposes.

—Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Top of mind for other hemp stakeholders and legislators is their interest in finding a regulatory pathway to allow for the lawful marketing of hemp products like CBD oil as dietary supplements and in the food supply. The Food and Drug Administration (FDA) has regulatory jurisdiction over that issue, but at the beginning of the year, the agency said it didn’t have a pathway to make it happen and instead offered to work with Congress on a solution.

In response, Sens. Ron Wyden (D-OR), Rand Paul (R-KY) and Jeff Merkley (D-OR), along with Rep. Earl Blumenauer (D-OR), filed legislation last July that would remove regulatory barriers that FDA claims prevents it from allowing CBD marketing.

Meanwhile, recent reporting could prompt additional reform proposals, as it’s come to light that USDA has been revoking certain hemp licenses for businesses that dually retain state licenses for marijuana.

For the time being, the hemp industry continues to face unique regulatory hurdles that stakeholders blame for the crop’s value plummeting in the short years since its legalization. Despite the economic conditions, however, a recent report found that the hemp market in 2022 was larger than all state marijuana markets, and it roughly equaled sales for craft beer nationally.

The U.S. Department of Agriculture (USDA) started sending out thousands of surveys to hemp farmers across the country on Monday to better understand the state of the industry as part of its annual data collection initiative.

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Mitch McConnell Accepts Marijuana Machete Honoring Anti-Drug Record

Senate Majority Leader Mitch McConnell (R-KY) accepted an honorary machete this week that was used to chop down “thousands” of marijuana plants.

McConnell received the drug war trophy following an opening ceremony for a Volunteers of America center in Kentucky focused on serving women and children coping with the effects of substance misuse.

He attended the Monday event alongside the White House drug czar, Jim Carroll, according to a press release.

“In recognition of many years of ardent & steadfast commitment to a drug-free Commonwealth this machete is hereby presented to The Honorable Mitch McConnell, U.S. Senate Majority Leader. The affixed machete was used on the eradication of thousands of clandestine marijuana plants” https://t.co/YAWQ9xRueppic.twitter.com/A3fowl87xh

— Senator McConnell Press (@McConnellPress) November 26, 2019

While the majority leader championed a provision of the 2018 Farm Bill that federally legalized hemp—and has since pressured federal agencies to expeditiously implement regulations for the crop and its derivative CBD—he’s no fan of the plant’s “illicit cousin” marijuana, as he calls it.

And now he’s been formally recognized for that stance. The machete, attached to a plaque, reads: “In recognition of many years of ardent and steadfast commitment to a drug-free Commonwealth, this machete is hereby presented to The Honorable Mitch McConnell, U.S. Senate Majority Leader. The affixed machete was used on the eradication of thousands of clandestine marijuana plants.”

The ceremonial sword stands in stark contrast to another product McConnell wielded around this time last year. Following the Senate passage of the farm bill legalizing hemp, the senator used a hemp pen to sign a conference report on the legislation. He also offered it to the president for final signing of the bill.

Making it official with my hemp pen!🖋️ Proud to have served as conferee on #FarmBill & to fight for #Kentucky priorities. With today's signature, my provision to legalize industrial #hemp is 1 step closer to reality. Looking forward to voting YES on this bill & sending to @POTUSpic.twitter.com/8ypwBebXy7

— Leader McConnell (@senatemajldr) December 10, 2018

While McConnell has routinely resisted marijuana reform, he visited California last month and met with industry executives and toured a cannabis facility. That’s led some to speculate that he’s open to modest reform legislation, as the visit came in the backdrop of a House vote in favor of a bill that would protect banks that service marijuana businesses from being penalized by federal regulators.

But now advocates might be left wondering whether McConnell’s new marijuana machete will be metaphorically used to chop up House-passed cannabis legislation in what Democrats call his Senate “legislative graveyard.”

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Photo courtesy of Twitter/Sen. Mitch McConnell.

USDA Releases Proposed Hemp Regulations For Public Comment

The U.S. Department of Agriculture (USDA) released draft rules for hemp manufacturing on Tuesday and said it will soon begin accepting state regulatory plans for the newly legal crop.

The interim final rule on hemp will be formally published in the Federal Register on Thursday, with a 60-day public comment period to follow. Once the rules are finalized, USDA will begin to evaluate states’ and tribes’ submitted regulations plans, and any jurisdictions that do not send proposals will fall under the department’s general guidelines for producing the crop, which was federally legalized under the 2014 Farm Bill.

The regulations cover the requirements for where hemp can be grown, THC testing standards, the disposal process for crops that don’t meet federal standards and licensing protocols.

The regulation provides specific details on the process and criteria for USDA’s review of plans received from states and Indian tribes regarding the production of #hemp. For more info and resources: https://t.co/E0qdkW3iY9pic.twitter.com/7lMx3Ou484

— USDA Ag Mktg Service (@USDA_AMS) October 29, 2019

“At USDA, we are always excited when there are new economic opportunities for our farmers, and we hope the ability to grow hemp will pave the way for new products and markets,” USDA Secretary Sonny Perdue said in a press release.

At USDA, we are always excited when there are new economic opportunities for our farmers, and we hope the ability to grow hemp will pave the way for new products and markets. More on our new Domestic Hemp Production Program HERE: https://t.co/7Bz7zcGQmKpic.twitter.com/bkSLcM91mI

— Sec. Sonny Perdue (@SecretarySonny) October 29, 2019

“We have had teams operating with all hands-on-deck to develop a regulatory framework that meets Congressional intent while seeking to provide a fair, consistent, and science-based process for states, tribes, and individual producers who want to participate in this program,” he added.

After the regulations are finalized, USDA said it will make a determination about state or tribal plan applications within 60 days of their submission. Jurisdictions that submit applications to process hemp under USDA’s guidelines rather than their own local rules will be reviewed within 30 days of their submission. Prospective state or tribal applicants can obtain the necessary forms here.

The interim rule will sunset in two years, after which point USDA will issue final regulations.

Multiple lawmakers and industry stakeholders celebrated the announcement, emphasizing that federal guidelines will further empower hemp businesses to thrive.

Shawn Hauser, partner and chair of the hemp and cannabinoids practice group at Vicente Sederberg LLP, said that “there is an undeniable sense of progress that comes with reading federal regulations for hemp farming in the U.S.—something that was outlawed for decades, which so many people fought to achieve.”

But not all of the specific details are positive, she said.

“Many people will be disappointed to see such stringent enforcement provisions related to concerns about hemp exceeding legal THC limits. For example, the rules require disposal of ‘hot hemp’ by a federal agent, even if there are reasonable options to remediate it and avoid loss of a crop,” Hauser said, referring to plants that exceed legal THC limits. “These provisions feel like relics of prohibition and come at a risk and expense to farmers, but they do not come as a surprise. It takes time to transition from prohibition to a regulatory model.”

USDA is simultaneously issuing separate guidelines for sampling and testing procedures for hemp. Samples, which have to be collected about two weeks prior to a crop’s anticipated harvest date, must be tested at Drug Enforcement Administration (DEA)-registered laboratories.

📢📢 @SecretarySonny today announced the establishment of the U.S. Domestic Hemp Production Program. This program, as required by the 2018 #FarmBill, creates a consistent regulatory framework around #hemp production throughout the U.S. https://t.co/5edNG1FnZ3pic.twitter.com/xgSff5uDJm

— Dept. of Agriculture (@USDA) October 29, 2019

Hemp is defined under the farm bill as having 0.3 percent THC on a dry weight basis. USDA clarified that testing protocol will involve an analysis of the total THC content, including THCA, which can be converted into the traditional psychoactive compound upon decarboxylation.

The plan also establishes “an acceptable hemp THC level” that accounts for uncertainty in the cultivation process.

“For example, if the reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis is 0.35% and the measurement of uncertainty is +/- 0.06%, the measured delta-9 tetrahydrocannabinol content concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41%,” USDA explained. “Because 0.3% is within the distribution or range, the sample is within the acceptable hemp THC level for the purpose of plan compliance.”

If the THC content is found to be unacceptable, however, it must be destroyed by someone authorized under the Controlled Substances Act to handle marijuana, such as a DEA registrant. A USDA official confirmed on a press call Thursday that hemp that falls outside of the acceptable THC level will not be covered by federal crop insurance.

Another provision of concern for advocates is the implementation of a 10-year ban on participation in the hemp industry by individuals with prior felony drug convictions. USDA said that ban will only apply to “key participants” such as chief executives who have a direct financial interest in the business. That means personnel such as maintenance workers will be exempt from the ban, which is in line with the narrow interpretation that advocates pushed for.

The draft document does not address the rules around whether smokable hemp flowers may be sold, which is likely because such products would fall under separate jurisdiction of the Food and Drug Administration (FDA). That absence of rules doesn’t necessarily indicate that USDA is permitting smokable hemp but the lack of clarity on the issue for now leaves room for interpretation at the state level.

Those interested in becoming producers or operating a testing facility can find guidance and forms here and here. USDA also published an updated FAQ on hemp.

The public release of the proposed regulations comes days after the White House Office of Management and Budget (OMB) finalized its review of USDA’s interim final rule. Once the regulations are finalized, hemp farmers will be eligible for a series of federal agriculture programs, including crop insurance. Previously, USDA said farmers could only gain coverage under the 2014 version of the farm bill.

The department also clarified the rules on importing and exporting hemp seeds and plants this month—however, the interim rule states that it “does not affect the exportation of hemp” and notes that USDA will work with partners on an exportation plan if there’s sufficient interest. USDA also said in August that it would accept intellectual property applications for seed-propagated hemp.

Meanwhile, lawmakers are still pushing FDA to issue rules for CBD products, which most hemp businesses are using the crop for at this point. The agency said their rulemaking process is complicated by the fact that CBD exists as an FDA-approved drug and hasn’t been previously added to the food supply. Former Commissioner Scott Gottlieb said it may take years before regulations are issued unless Congress takes action.

Read the draft USDA hemp rules below:

USDA hemp rules by Marijuana Moment on Scribd

White House Signs Off On Proposed Hemp Rules From USDA

Photo courtesy of Pixabay.