Industrial Hemp - USDA Announces Delay on Specific Requirements

The agency’s announcement stated that it would delay the enforcement of the requirement that all hemp testing laboratories be registered with the Drug Enforcement Administration (DEA), as well as the requirement to use a DEA-registered reverse distributor or law enforcement to dispose of non-compliant plants, under certain circumstance.

The delay in enforcement will either be October 31, 2021, or whenever the final rule is published, whichever comes first. 

However, hemp will still have to be tested, and it must be disposed of if it contains too much THC, except producers, will be able to use other facilities and methods and still be in compliance.

Although testing can be done at laboratories that are not yet DEA-registered, labs must still adhere to the standards of performance that are outlined within the final rules and must also take the appropriate steps to be compliant with the registration requirements prior to the expiration of delayed enforcement period.

Further, hemp that tests greater than 0.3% THC on a dry weight basis must still be disposed pursuant to the USDA’s approved disposal methods. A list of allowed disposal techniques and descriptions can be found by clicking here.