Cannabis Industry News

Importers looking to the USA for Hemp will have to wait for the exportation to be addressed as it has been overlooked with the lack of interest of yet. 

The updated rules provide hemp producers some sigh of relief with the margin of error for THC percentage being raised from 0.5% to 1%. Hemp producers are limited to one violation per year. 

Hemp flowers exceeding 0.3% must be disposed but allowed to keep and sell other parts of the plant. 

미국으로 헴프(Hemp) 수출입을 준비하는 관계자는 관련 상황이 정리될 때까지 조금 기다리는 편이 좋겠다. 미국산 헴프 자체도 그다지 큰 주목을 받지 못하는 현지 상황을 고려하면 더욱더 그렇다. 

이번, 미국에서 헴프 관련 법률이 업데이트 되어 헴프 생산 관계자이 안도의 한숨을 쉴 수 있겠다. 오차 한계 포함, THC 허용 퍼센티지가 0.5%에서 1% 까지 증가했기 때문이다. 헴프 생산자의 관련 수치 위반은 연 1회로 제한된다.

THC 0.3%를 초과한 꽃은 반드시 폐기해야 하지만, 식물의 꽃 외의 기타 부분은 허용될 수 있다.  

Cannabis Industry News

*Key provisions of the final rule include:

  • Negligent violation – producers must dispose of
    plants that exceed the acceptable hemp THC level. However, if the plant
    tests at or below the negligent threshold stated in the rule, producer
    will not have committed a negligent violation. The final rule raises the
    negligence threshold from .5 percent to 1 percent and limits the
    maximum number of negligent violations that a producer can receive in a
    growing season (calendar year) to one.
  • Disposal and remediation of non-compliant plants
    the final rule allows for alternative disposal methods for
    non-compliant plants that do not require using a DEA reverse distributor
    or law enforcement and expands the disposal and remediation measures
    available to producers. AMS will provide acceptable remediation
    techniques in a separate guidance document.
  • Testing using DEA-registered laboratories – there
    are an insufficient number of DEA-registered laboratories to test all
    the anticipated hemp that will be produced in 2020 and possibly 2021.
    DEA has agreed to extend the enforcement flexibility allowing non-DEA
    registered labs to test hemp until January 1, 2022 and is processing lab
    registration applications quickly to get more labs testing hemp
  • Timing of sample collection – the IFR stated a 15-day window to collect samples before harvest. The FR extends this requirement to 30 days before harvest.
  • Sampling method – stakeholders requested that
    samples may be taken from a greater part of the plant or the entire
    plant. They also requested sampling from a smaller number of plants. The
    FR allow states and tribes to adopt a performance-based approach to
    sampling in their plans. The plan must be submitted to USDA for
    approval. It may take into consideration state seed certification
    programs, history of producer compliance and other factors determined by
    the State or Tribe.
  • Extent of Tribal Regulatory Authority over the Territory of the Indian Tribe
    – the IFR did not specifically address whether a tribe with an approved
    USDA plan could exercise primary regulatory authority over the
    production of hemp across all its territory or only lands over which it
    has inherent jurisdiction. The final rule provides that a tribe may
    exercise jurisdiction and therefore regulatory authority over the
    production of hemp throughout its territory regardless of the extent of
    its inherent regulatory authority.

*Excerpted from the USDA Hemp Production Rules & Regulation


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USDA publishes final rule for HEMP production in the United States.​