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THC Levels For Hemp Crops
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.
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.”
