USDA Draft Regulations

I’m surprised to see no thread yet about the recent release of the draft USDA regulations. DRAFT Regulations

I haven’t yet gotten through the whole 161 pages but so far it does seem like it could seriously disrupt the industry. I read the Oregon CBD Seeds post and am wondering the communities views about there not currently being a single high CBD cultivar that will be able to pass tests if grown to full maturity. I’ve talked to too many farmers this year who tested hot and am worried that even more will be put in the same position next year.

I would love to hear this communities views and interpretations on what we will all be working with for the next two years.

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It is still a draft. I’m holding out hope some of the regs will change…

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.

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Many expected them(USDA) to raise the Thc limits. This was nonsensical as far as I can tell, nothing gives them the power to do so. Thc limits are specifically designated in the Farm bill so only Congress can change it.

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They included an example of how the uncertainty that will now play a factor can in fact include hemp that could technically fall above .39% but then lays out another example where a different uncertainty level would make a product that would clearly pass in todays market, fail.

For example, if a laboratory reports a result
as 0.35% with a measurement of uncertainty of +/- 0.06, the distribution or range is 0.29% to
0.41%. Because 0.3% is within that distribution or range, the sample, and the lot it represents, is
considered hemp for the purpose of compliance with the requirements of State, Tribal, or USDA
hemp plans. However, if the measurement of uncertainty for that sample was 0.02%, the
distribution or range is 0.33% to 0.37%. Because 0.3% or less is not within that distribution or
range, the sample is not considered hemp for the purpose of plan compliance, and the lot it
represents will be subject to disposal. Thus the “acceptable hemp THC level” is the application
of the measurement of uncertainty to the reported delta-9 tetrahydrocannabinol content
concentration level on a dry weight basis producing a distribution or range that includes 0.3% or
less. As such, the regulatory definition of “acceptable hemp THC level” describes how State,
Tribal, and USDA plans must account for uncertainty in test results in their treatment of
cannabis. Again, this definition affects neither the statutory definition of hemp, 7 U.S.C. §
1639o(1), in the 2018 Farm Bill nor the definition of “marihuana,” 21 U.S.C. § 802(16), in the

Am i to understand that they are calculating the thc limit to the hundredths place (.30%) and now just including a measure of uncertainty?

2019… “The good ole days of the hemp industry”

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