Following a challenging first harvest and a wave of feedback from farmers and organizations across the country—including iHemp Michigan—the USDA has acknowledged the significant hurdles facing our new industry. In a crucial announcement, the agency has confirmed it will delay enforcement of two of the most difficult and costly provisions in its Interim Final Rule.
This is a significant, common-sense adjustment that provides much-needed flexibility for the 2020 growing season.
For farmers, this dense federal announcement boils down to two major pieces of good news:
1. More Options for Lab Testing
The Old Rule: The initial rules required that all official hemp tests be conducted by laboratories registered with the Drug Enforcement Administration (DEA).
The Problem: As we discovered in 2019, there is a severe shortage of DEA-registered labs in the country, creating bottlenecks, long wait times, and logistical nightmares for farmers on a tight harvest schedule.
The 2020 Solution: The USDA is delaying enforcement of this requirement. For the 2020 season, farmers can use testing labs that are not yet DEA-registered, as long as those labs follow all other USDA protocols, including testing for Total THC. This dramatically expands the number of available labs, giving farmers more choice and faster turnaround times.
2. Simpler, On-Farm Disposal of “Hot” Crops
The Old Rule: The initial rules required that any non-compliant crop (testing over 0.3% Total THC) be disposed of by a DEA-registered “reverse distributor” or by law enforcement.
The Problem: This created an expensive and impractical burden for farmers, treating a common agricultural risk as a criminal matter.
The 2020 Solution: The USDA is delaying enforcement and will now allow farmers to use common on-farm disposal methods, such as tilling the crop into the soil or composting. The key is that the method must render the crop “non-retrievable or non-ingestible.” Farmers must still document the disposal and report it to the state.
What This Means for Michigan Hemp Farmers
This is a direct result of the industry making its voice heard. The USDA acknowledged that the initial rules, while well-intentioned, “will serve as a significant hindrance to the growth of a domestic hemp market at this nascent stage.”
Our job at iHemp Michigan is to stay on top of these complex regulations, advocate for sensible policies, and translate them into practical advice for our members. These changes are a step in the right direction, providing the breathing room our industry needs to build capacity and thrive.
We will continue to work with state and federal regulators to push for permanent, science-based rules that support a successful and sustainable hemp industry in Michigan.
For full details, you can read the official announcement on the USDA website here.
Stay informed and stay connected. The rules of this new industry are being written right now, and your voice matters.
Join iHemp Michigan to make sure it’s heard.