USDA Comments

[Future]

To whom it may concern at the USDA,

As a group of industry professionals, we at Future4200.com have put together our combined thoughts on your latest proposed hemp rules.

While we understand the perceived need for regulation, we have serious concerns with portions of the draft.

(List concerns)
(List solutions)

Thank you for upholding your democratic responsibilities and including the public in this important decision making process,

Sincerely
(Insert Name)

@alehg

As @seth (oregoncbdseeds) said, the major problem Is the Total THC @ 0.3%. because actually High CBD Cannabis carry also Hot THC Value. Really useless value. Here in Europe we have mixed limit values across state. Some state are @0.2% so there actually people are marketing, washed flowers (butane, alchool, co2… Almost 0% THC, really low CBD around 2-3%, and re-terpenated to add some smell). In state with 0.3% limit Is possible to market a lot of flowers, i Will post COA of a lot of good products naturally under 0.3% Total, and around 6 to 10% CBD. So at least starting from cuttings Is possible to stay in the limit, even for quality trimmed materiale. For what we know and understand Is necessary to control flowering stage and mainly temperature in flowering, if limited thermal stress in the night, THC value stay down… By the way the best genetics are those under 1% that can go High up to 20-25% CBD if pumped and well cultivated.

If someone can do some kind of pressure, It Will be advisable to ask for the 1% limit, that Is more scientifically and technically realistic.

At 1% smokeable flowers arent psychoactive, of someone can prove that, i think will be easy to push this limit.

@Dabatronicus

Affects farmers the most, post processing is basically left up in the air including topics like Thc remediation Thc “waste“ handling , business to business sale of products that are hot like distillate but will be formulated to under the limits.

It left transportation very vague and while shipping compliant biomass is a breeze, it still leaves interstate shipping of crude extracts up in the air.

@Attilah

A USDA 60-day comment period for hemp is getting released today. Use the Overton Window and push for 1% total THC, or even better “CBD:THC ratio >1” like the UN. Test the whole plant not just top 2 inches. Test within 60 days planting not 15 of harvesting. Be only concerned with psychoactive compounds, like Delta9. Define by end-use. No regulations on fiber. No test if needed if less than 2 acres. Remediation allowed. No mandatory certified seed, but provide a path to certifying new varieties. No exorbitant fees. Allow “felon rehabilitation” programs. Encourage exports. Crop and water programs. Marketing programs. Agronomists. Grant and research dollars. FDA Grandfather. Allow smokable. Etc.

Help slam that Overton Window hard to the left. If they get enough comments, they’ll have to listen. Years ago we changed the course of the USDA organic program, with 100,000 comments. We can do that here too.

@mcpikeig

Regulations.gov

From now until December 31st they’re open for comments. It’s obvious that we all have some serious concerns regarding the specifics of the draft. I think it’s important we compile these concerns and submit them in a concise and professional manner. Right now I see some of the big issues are:

• Criminal background checks to grow an agricultural commodity crop. If politicians are going to pat themselves on the back for opening up the economy to this commodity, they should treat it like any other commodity.
• Clarification of testing requirements/standards. Especially with the rule regarding testing tolerences, what is considered an acceptable tolerance?
• How do they plan to address the lack of DEA/USDA approved testing facilities? If they have a 15-day harvest testing window, what if logistically it’s impossible for an approved entity to come take a sample, test it, and report back to you in 15 days? This is especially applicable to my company in Indiana because the industry here is seriously behind all of our state neighbors.
• What is up with the complete lack of mention of processors? I get the USDA is focused on agriculture, but as it stands it seems like they’re proposing a flat 0.3% THC limit on EVERYTHING which would make processing not viable. We definitely need some clarification on that point, especially considering there are plenty of THC-legal states out there (whether the federal government acknowledges it or not).

This is just what I can come up with during my own reading of the paper. What else am I missing?

@drake

@krypx

Some notable takeaways…

The rules will establish the total THC as delta 9 + THCA x.87 as the national standard for what defines the threshold.

Testing Labs will need to register with the DEA since they may be handling products that would exceed .3 of THC and thus handling a Controlled Substance.

Rules can be implemented in as early as 60 days.

This is going to be devestating to a lot of farmers who are currently sitting on hot inventory unless they get it all quickly processed which would be great for processors of course.

I am left wondering if processors will need to register with the DEA as well since processors are in constant contact with >.3 levels of THC.

Processors weren’t mentioned anywhere in the draft, which I believe should have been addressed since they are a large part of the industry and will be dealing with above legal levels of THC ona daily basis.

Legal clarity would be nice so as to avoid what recently happened to Alex Reyter in Oregon as officials there charged him with manufaturing a controlled substance while remediating thc for his clients.