New Industrial Hemp Laws in 2020

Oregon is changing how they test for THC in hemp:

(8) For testing done prior to January 1, 2020, a sample fails testing if the test report indicates that the sample contains THC of 0.35 percent or greater on a dry weight basis. If a sample from a harvest lot fails required THC testing under these rules the harvest lot fails required THC testing.
(9) For testing done on and after January 1, 2020, a sample fails testing if the test report indicates that the sample contains total THC content calculated in accordance with OAR 333-064-0100(4) of 0.35 percent or greater on a dry weight basis. If a sample from a harvest lot fails required THC testing under these rules the harvest lot fails required THC testing.

The difference is sampling “THC” versus “total THC”.

  • “THC” means tetrahydrocannabinol and has the same Chemical Abstracts Service Number as delta-9 THC.
  • “THCA” means tetrahydrocannabinolic acid, Chemical Abstracts Service Number 23978-85-0.
  • “Total THC” means the molar sum of THC and THCA.

Now they will not be testing for “THC” only but for a combination of THC and THCa, for a “Total THC”.

Total THC must be calculated as follows, where M is the mass or mass fraction of delta-9 THC or delta-9 THCA:

M total delta-9 THC = M delta-9 THC + 0.877 x M delta-9 THCA.

How will this affect industrial hemp farmers?

Everyone and their moms about to have hot crops is what it means.
Especially everyone buying those 18-22% CBD strains.

Those guys will have to get those samples taken off the plant a couple weeks before harvesting, in order to get a COA that says their hemp is under 0.3% Total THC. Which also means their CBD results will be much lower. Gonna be interesting to watch what happens for sure.

They either do that or just get doctored COAs that make it look compliant… Which may be the route a lot of people take unfortunately.

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you’re missing critical information in your post.

How long before harvest are they testing? (new USDA rule is 2 weeks; previous rule was 4 weeks)
Where / how are they taking samples of harvest? (new USDA rule requires top 2 inches of plant)

Oregon existing laws are probably the most relaxed farmer friendly in the US. I suspect that’s going to change drastically as they move toward the new USDA rules.

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^^^ yep yep yep.
Gonna get pretty sketchy I think.

Not needing to comply with the same regulations. But we were happy when the crop we were processing came out 40:1 instead of 20:1 as expected but even that’s no good now. Never mind these then either :man_facepalming::man_shrugging: [quote=“ZizzleB, post:2, topic:56665”]
Especially everyone buying those 18-22% CBD strains.
[/quote]

You mean more sketchy :thinking:

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I’m not in Oregon, but my reaction is the same it’s been for a while. Who wasn’t expecting this to happen? In my opinion anyone who wasn’t expecting them to account for both thca and delta-9 were ignoring a glaring loophole that would obviously get closed eventually

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Vermont dealt with this problem by making the limit 1%, but that only protects you in the state

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Ditto :man_facepalming:

Yep, even 40:1 ain’t gonna be compliant if you’re over 12% CBD… Let alone 18-20% CBD like a lot of people will have.