Hemp Final Rule Under Biden Administration Review

The USDA’s final regulations for domestic hemp production, released on January 15, 2021, and set to take effect on March 22, 2021, are currently under review by the new Biden administration. This comes as part of a broader assessment of policies enacted by the previous administration.

Understanding the Hemp Final Rule

The Hemp Final Rule aims to finalize U.S. hemp production regulations, incorporating insights from the interim period since October 2019 and over 5,900 public comments. This rule includes several key updates and retains some aspects of the Interim Final Rule.

Key Changes in the Hemp Final Rule

  • Extension of the sampling window from 15 to 30 days prior to harvest.
  • Increase in the negligence threshold from 0.5% to 1% THC.
  • More flexible options for disposing of non-compliant hemp (above 0.3% THC).
  • Introduction of remediation options for non-compliant hemp.

Aspects Unchanged from the Interim Rule

  • THC level remains capped at 0.3%.
  • Testing labs must register with the DEA, with an extended deadline to December 2022.

The Biden Administration’s Review of the Hemp Final Rule

As part of a standard procedure for new administrations, the Biden White House issued a memo calling for a review of recent and pending regulations, including the Hemp Final Rule. This 60-day review period is intended to allow new appointees to evaluate these regulations thoroughly.

Potential Outcomes of the Review

Depending on the outcome of this review, the Hemp Final Rule could either proceed as planned or undergo further revisions. Advocates in the hemp industry are hopeful for additional opportunities to influence these regulations, potentially leading to more favorable terms.

The Role of Tom Vilsack

Tom Vilsack, nominated by President Biden to serve as the U.S. Secretary of Agriculture, is known for his supportive stance on the hemp industry. His leadership could signal positive developments for hemp farmers and the industry at large.

Looking Ahead: The Future of Hemp Regulations

The outcome of this regulatory review under the Biden administration remains to be seen. The hemp industry eagerly anticipates the potential for further improvements to the regulations, aligning them more closely with the needs and aspirations of hemp producers and advocates.

What are your thoughts on the Hemp Final Rule and its ongoing review? Share your opinions in the comments below. Your insights are valuable to the ongoing dialogue surrounding this crucial aspect of the agriculture and cannabis sectors.

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