The nation celebrated when President Trump legalized hemp by signing the Farm Bill of 2018. The production of cbd infused products skyrocketed, and the country seemed to think everything was legal. This is not the case. Now that the USDA is in charge, we expect the states to step up enforcement efforts. The hemp and CBD market will soon understand exactly what is and is not legal.
The Farm Bill also directed the USDA to develop a program under which the states would submit a hemp growing plan to the USDA for approval. The USDA has updated its website to include a Marketing Program for the Commercial Production of Hemp. The site outlines the agency’s plans for adopting a rule governing each state’s hemp programs, and it will be effective for the 2020 growing season. Until then, the states will rely on the Farm Bill of 2014.
The USDA indicated that the proposed rule will outline minimum requirements that the states must follow for recordkeeping, testing, disposal of failed hemp, inspections and a state’s enforcement program. The USDA is also focused on the production of hemp in violation of the Farm Bill, which is a broad standard. The USDA expects the proposed rules to be released in September. Once adopted, the USDA will monitor the states’ compliance with growing plans including testing, inspection and enforcement procedures.
The hemp, cbd and thc industries must take an active role in providing comment on the USDA’s proposed hemp rules. The final product will drive testing, destruction, remediation and enforcement standards. This states will not be able to lower the standards, and will be forced to enforce the industry’s compliance. The industry’s voice will be muted, and access to federal regulators is limited. The USDA will be holding a listening session for the industry on March 13th. Unlike most state regulatory meetings, federal government agencies do not hold a public comment open mike. Your words will be that voice, and the tone must be one that the federal government understands. Hemp is now legal, but it comes with a new sheriff.