Farmers have already raised concerns, so the senators wrote to U.S. Secretary of Agriculture Sonny Perdue to encourage the department to make several specific changes to draft plans regulating the U.S. Domestic Hemp Production Program, which was established by Congress as part of the 2018 Farm Bill.
Among the issues the Senators raised in their letter:
- USDA’s interim final rule requires growers to test hemp plants within 15 days of anticipated harvest. The Senators urged USDA to adopt a more reasonable testing timeframe of 30 days to reduce burdens to hemp producers and reduce unnecessary delays in getting products to market.
- USDA’s interim final rules requires that hemp plant testing must be conducted by a Drug Enforcement Administration (DEA)-registered laboratory, but Virginia has only a small number of DEA-registered labs. The Senators urged USDA to remove the requirement that testing can only occur at DEA-registered labs and allow testing to be conducted at independent testing labs that meet USDA standards.
- USDA’s interim final rule establishes a negligence threshold for hemp at 0.5% delta-9 tetrahydrocannabinol (THC). If a grower is found to have hemp with a THC level above 0.5% they could face legal repercussions under the current guidelines. The Senators urged USDA to raise the threshold to 1.0% THC before a grower is subject to penalties, since it is possible hemp growers could take all the necessary steps and precautions to produce hemp according to the guidelines and still produce hemp plants that exceed the 0.5% THC concentration due to factors out of their control. The Senators also urged USDA to examine mediation options to deal with growers who accidentally exceed the THC threshold.
- The Senators also asked USDA to offer “maximum flexibility” to states like Virginia when it comes to implementing industrial hemp production, noting that Virginia is in the process of developing a State Action Plan to adhere to the 2018 Farm Bill and USDA rulemaking, but that the General Assembly in Virginia, like many states, is only in session for a short period, and it is possible that USDA will issue a final rule after the General Assembly has already completed its 2020 session.