I often see lot of discussions about “hot hemp” and as a farmer I have thought a lot about this. I have read a lot of different opinions and discussions on the topic, but here is one that I have come to that I be curious to hear others thoughts on.
People like to share COAs of their flower and take credit for the high cbd content and ignore the total T. Of course state to state varies on this rule, and I can only speak to California, but total THC maters here wrt passing compliance testing to allow for harvest to proceed.
However (begin argument) at least in the state of California, those “flower COAs” don’t mean shit, from a legal standpoint. In the state of California, there are clear rules and regulations pertaining hemp sampling to determine if said plants are in fact below the threshold of 0.3 total thc and thus certified as hemp. Those rules state who can take a sample (only registered lab or county official), who must be present (grower), when sampling is done (days before harvest), location, numbers of plants, the amount of material that much be collected and from where on the plant, etc, etc. the process is specific and clearly defined in the law. That compliance test results in a COA that clearly states “Passed (or failed) as California Hemp.”
My argument here is, as long as you can trace flower or bio to your certified hemp compliance testing/COA, there is no court of law that would ever accept any sampling of plant material after the fact, that didn’t follow the sampling procedures as stated in the law, and that would attempt to invalidate an already certified COA of compliance.
You can test the flower to get an idea of cbd concentrations and ratios and as a farmer you do that to know when to request sampling, but at the end of the day, the COA that matters to determine hot or not, is the county/state compliance COA.
I’m arguing there is no such thing as hot hemp (assuming it was legally cultivated). If flower or bio was grown under a state (or usda) program and was legally harvested with a certified compliance COA, said flower and/or biomass can not ever be called hot at a later date because some additional testing was done on it.
“Compliant” hemp is like 30:1 CBD:THC they usually give up 9-13%CBD with .3-.4%THC
“Hot” hemp is more like a 20:1 CBD:THC ratio and this is what people usually pass off as smokable flower. It can go high like 20%CBD and 1%THC
Mexican brick weed is more like 30:1 THC:CBD and will give up 9-13%THC - its like the same chemotype profile as the compliant hemp but with the thc and cbd flipped.
If they sieze a package in shipment and they do a complaince check theyre not just going to check your paperwork and send you on your way. They are going to check the levels and if they say its hot its hot.
The alphabet boys who regulate hemp and hemp licenses and hemp compliance are the USDA and they are
They are in charge and they dont require anything but a pre harvest compliance test.
If they required every batch of crude to be tested then thats what they would require and thats what you would need to be compliant. They only require the plants to be tested and only plants grown to be taken to full maturity.
If you are growing plants for breeding purposes or for r&d purposes you dont have to even have it tested. It doesnt matter what the THC levels are because you arent required to test it.
The only reason you have to test a batch is so you can release products made from that batch to the retail market.
This is from michigan department of agriculture this week. They say to full maturity because if you are breeding or doing some other R and D you are still allowed to do that. If youre working with a new strain you cant be expected to grow a whole field of it to see if it will go hot.
If 1 plant in the whole field is hot it doesnt make the batch hot. They would have to test every plant in the field. You take a test of plants just like how you test soil in the field. There could even be hot plants in the “batch” If the 25 or so samples test good on average as a “batch” then youre good
He literally stated his procedure for harvest. The agriculture commissioner has to come out and perform the test. Stamps it pass or fail. Now its hemp. Just because it degrades into thc doesn’t make it not hemp.
The simple answer is that you can only process the flower and cannot bring to the retail market until the product is compliant.