THC Testing Laboratory Accreditation

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.

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.