The long-awaited USDA Interim Final Rules for the domestic production of hemp have arrived, marking a pivotal moment for Michigan’s burgeoning industry.
While these regulations provide a much-needed framework, they also present significant challenges that could impact the livelihood of every hemp farmer in our state.
To help break down what these new rules mean for Michigan, we want to extend a huge thanks to Justin Swanson, president of the Midwest Hemp Council, for creating a clear, concise analysis of the most pressing issues. The graphic below details the challenges and offers common-sense solutions that would protect farmers and help ensure the industry’s success.
Let’s dive into the five key areas of concern:
1. The Harvest Window: A Race Against the Clock
The Issue: The rules mandate a restrictive 15-day window between final compliance testing and harvest. For any farmer, this is an incredibly tight turnaround that doesn’t account for weather delays, equipment failure, or labor shortages. For CBD cultivators, this pressure is even greater, as the value of their crop is directly tied to harvesting at the optimal time.
The Solution: A simple extension of the harvest window to 30 days. This practical change would give farmers the flexibility needed to manage unforeseen delays and harvest their crops at peak value without risking non-compliance.
2. The Lab Testing Bottleneck
The Issue: The requirement that all hemp testing labs be registered with the Drug Enforcement Administration (DEA) creates an immediate and severe bottleneck. With a limited number of DEA-registered labs nationwide, Michigan farmers could face long waits and high costs, potentially losing their crop while waiting for results.
The Solution: Instead of a DEA-registration mandate, require labs to be accredited to International Organization for Standardization (ISO) 17025 standards. This is the global benchmark for testing competence and would ensure labs are qualified without creating an unnecessary logjam. It keeps the market moving and ensures farmers get timely, reliable results.
3. When Good Crops Go “Hot”
The Issue: The rules expose farmers to potential criminal liability if their crop tests “hot”—that is, exceeds the 0.3% Total THC threshold. Farmers who unintentionally cultivate a crop that tests over the limit due to factors beyond their control, like genetics or weather, shouldn’t be treated like criminals.
The Solution: The Midwest Hemp Council proposes increasing the “negligent violation” threshold from 0.5% to 1.0% Total THC. This creates a crucial “safe harbor” for farmers acting in good faith, distinguishing them from bad actors and acknowledging the agricultural realities of growing this plant.
4. The Problem with Partial Sampling
The Issue: The USDA mandates that compliance samples be taken only from the top third of the plant. It’s scientifically known that THC concentration is highest in the flower at the top. This method doesn’t produce a true, representative sample of the entire plant, leading to inflated THC readings and compliant crops being flagged as non-compliant.
The Solution: Require that state sampling protocols mandate a whole-plant sampling method, taking cuttings from the top, middle, and bottom portions. This ensures the test results reflect the true THC concentration of the entire plant, providing a more accurate and fair assessment.
5. A Lack of Remedial Options
The Issue: As written, the rules prohibit any remedial actions for farmers whose crops test hot. Their only option is destruction. This is a devastating financial blow for what could be an otherwise viable crop.
The Solution: Allow farmers to deliver biomass testing under 1% Total THC to a licensed processor. The processor could then use extraction and remediation techniques to render the final product compliant before it ever enters the stream of commerce. This prevents a total loss for the farmer and ensures consumer safety.
What’s Next?
These rules are “interim,” which means we have an opportunity to make our voices heard. iHemp Michigan is committed to advocating for fair, sensible regulations that will foster a thriving and sustainable hemp industry in our state.
The strength of our voice depends on the strength of our community. If you’re not yet a member, now is the time to join. Your membership directly supports our work to lobby for these critical changes and provides you with the resources to navigate this new regulatory landscape.
Become a Member of iHemp Michigan Today!