Resources
Reference Materials: Hemp Industry Priorities For Farm Bill
Here you will find a repository for all the supporting documents and materials referenced as part of the Hemp Industry Priorities for the Upcoming Farm Bill. Click on each + to view or download.
In April, we proudly announced our collaboration with prominent organizations in the hemp industry, namely the Hemp Industries Association (HIA) and the National Industrial Hemp Council (NIHC), alongside Morris Beegle and We. Are. For. Better. Alternatives (WAFBA), on the development of essential policy priorities for the upcoming 2023 Farm Bill.
After months of rigorous discussion and deliberation, we successfully finalized these priorities, gaining support from an impressive total of 31 state, regional, and national hemp organizations across the country. This remarkable milestone marks the first time since the resurgence of hemp that nonprofit advocacy groups across the nation have united in alignment on such a vast legislative initiative. Learn more here.
Visit Congress.gov link here: https://www.congress.gov/bill/118th-congress/house-bill/1628
Visit Congress.gov link here: https://www.congress.gov/bill/118th-congress/house-bill/1629
Visit Congress.gov link here: https://www.congress.gov/bill/118th-congress/senate-bill/2451
Visit Congress.gov link here: https://www.congress.gov/bill/118th-congress/house-bill/3755
Visit Congress.gov link here: https://www.congress.gov/bill/118th-congress/senate-bill/980
Visit Congress.gov link for the Senate version here: https://www.congress.gov/bill/118th-congress/house-bill/1428
The USDA currently requires laboratories that test THC levels in hemp to be certified by the DEA. While USDA has suspended this rule twice – for good reason – a permanent requirement would create a bottleneck for producers, severely burden farmers in regions without DEA-certified labs, and create delays that can result in lost profits. There are many labs certified by trusted international agencies that are equipped for THC testing. Congress can provide this vital flexibility for farmers without sacrificing high quality lab analysis. View resource link here.
Proposed Legislative Language
Section 297D(a)(1) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639r(a)(1)) is amended by adding at the end the following:
“(C) CRITERIA FOR LABORATORY ACCREDITATION—Under a formal Memorandum of Understanding, the Secretary and the Administrator of the Drug Enforcement Administration shall establish criteria by which a laboratory may be accredited for purposes of testing hemp, in accordance with sections 297B(a)(2)(A) and 297C(a)(2). Such criteria shall not require that a laboratory be registered with the Attorney General, acting through the Administrator of the Drug Enforcement Administration. Instead, such criteria should permit the inclusion of laboratories that are registered with the Department. Such criteria shall require proof of accreditation to ISO/IEC 17025 through International Laboratory Accreditation Cooperation recognized accreditation bodies.“
While the current benchmark for hemp – 0.3% delta-9 THC on a dry weight basis – has posed challenges, minor adjustments to the statute can substantially benefit farmers without the market disruptions that would inevitably result from altering that basic definition. Too often, factors outside of farmers’ control, like climate and soil conditions, or even errors in sampling and testing, force farmers to destroy crops that minimally exceed the federal THC threshold. Because hemp products can be remediated to below the threshold before they are brought to market, Congress should mandate that hemp plants be deemed compliant so long as they test no more than than 1% total THC, as defined by USDA. View resource link here.
Proposed Legislative Language
Section 1639p of title 7, United States Code, is amended—
(1) in paragraph (a)(2), subsection (A)(ii)—
(A) by striking “, using post-decarboxylation” and all that follows through “concentration” and inserting “to ensure no more than 1 percent total tetrahydrocannabinol”.
(2) in paragraph (a)(2)—
(B) after subsection (A), by inserting “(C) In this section, the term ‘total tetrahydrocannabinol’ shall have the meaning given the term ‘Total THC’ in 7 CFR 990.1.”
Section 1639q of title 7, United States Code, is amended—
(1) in paragraph (B), subsection (a)(2)—
(A) by striking “, using post-decarboxylation” and all that follows through “concentration” and inserting “to ensure no more than 1 percent total tetrahydrocannabinol”.
(B) after paragraph (B), by inserting “(i) In this section, the term ‘total tetrahydrocannabinol’ shall have the meaning given the term ‘Total THC’ in 7 CFR 990.1.”
Current THC testing and sampling requirements – while well intended to distinguish hemp crops from illicit marijuana grows — have severely burdened farmers and is particularly onerous to those who grow hemp fiber and hemp grain crops. Pre-harvest sampling and testing protocols are cumbersome and prone to error, frequently leading to inaccurate compliance results. This creates serious financial risks and legal liability, hampering the adoption of hemp among farmers and impeding the growth of the hemp industry.
While many farmers have called for a complete exemption from testing requirements for hemp grain and hemp fiber, some regulators have reacted with concern that, without testing, there would be fewer safeguards against the illicit cultivation of marijuana under the guise of hemp. A solution exists that will provide significant regulatory relief to farmers while still ensuring sufficient regulatory oversight: Fit for Purpose (FFP) licensing.
A FFP structure gives farmers and downstream processors the opportunity to choose a clear, less burdensome regulatory pathway based on the final purpose of the crop, while providing regulators a more manageable and effective mechanism for ensuring compliance with the law. FFP creates nine different license types and provides clear processes for review, testing, sampling, harvest, and drying.
With the USDA employing its existing authority to utilize performance-based sampling, hemp farmers with an established track record of compliance would benefit from fewer regulatory burdens, while state hemp regulators would be spared from conducting repetitive and largely unnecessary inspections and tests. Meanwhile, post-harvest sampling and testing will provide a more accurate measurement of THC level for products entering the market while reducing costly issues of non-compliance and remediation.
Proposed Legislative Language
Sections 1639p(a)(2)(A)(v) and § 1639p(a)(2)(E) of title 7, United States Code, are amended by adding at the end of each the following:
FIT-FOR-PURPOSE LICENSING FOR HEMP CULTIVATION
(a) IN GENERAL – Within the 180 days following enactment of this section, the Secretary of the U.S. Department of Agriculture is directed to promulgate rules to create a Fit-For-Purpose hemp cultivation license structure with appropriate compliance testing, using performance-based sampling protocol as an additon tool for the following categories of hemp license:
1. Industrial Hemp, to include:
(a) Hemp stalks, fiber and hurd – typically harvested in advance of flower development;
(b) Hemp grain – harvested post flowering for the collection of seeds and grain; and
(c) Non-flowering hemp – where no flower or biomass will enter the market, to include
i. Microgreens;
ii. Nursery-propagation;
iii. Research and development and
iv. Breeding
2. Raw Hemp Flower – producing hemp flower, where other parts of the plant are considered waste products that can be used for extraction or fiber; and
3. Multipurpose Hemp – grown for multiple end uses, and producing sufficient feedstock/biomass and flowering material to be separated during harvest and used for extraction of cannabinoids, essential oil, and chemicals.
(b) SCOPE OF PROGRAM – Within the promulgation of these regulations, farmers shall have access to multiple licenses, and accommodations shall be made to allow farmers to change license types in response to market conditions or other factors.
(c) CERTIFICATE FOR COMPLIANCE HEMP – Within the promulgation of these regulations, the Secretary of the U.S. Department of Agriculture shall develop a Certificate for Compliant Hemp harvested under the terms of the Fit for Purpose license based on the crop’s end use, in order to provide a clear chain of custody and proof of lawful cultivation to facilitate interstate sales and transfer of hemp agricultural products.
(d) DEFINITIONS – within this section, “Performance-based sampling” means a sampling method that meets the requirements of 7 C.F.R. § 990.3(a)(2) or the requirements in 7 C.F.R. § 990.3(a)(2)(iii)(A) and (B) for an alternative performance-based method that is approved by the Department.
