USDA Delays Enforcement Of Rules Requiring Hemp To Be Tested By DEA-Registered Labs, Here's Why

Due to the “inadequate” capacity of laboratories certified by the Drug Enforcement Administration (DEA), the U.S. Department of Agriculture (USDA) is delaying the enforcement of a rule requiring hemp to be tested.

Last week, the USDA announced the extended enforcement deadline for the hemp rule in a notice, explaining that the DEA laboratory testing requirement will not go into effect on January 1 as originally planned, reported Marijuana Moment.

Apparently, the industry-contested rule will go into force on December 31, 2023. “Under USDA’s Domestic Hemp Production Program regulations (...), all hemp must be tested by a DEA-registered (...) laboratory starting January 1, 2023,” reads the official announcement.

USDA AMS is delaying until Dec. 31, 2023, the enforcement of a requirement that all hemp must be tested by a @DEAHQ registered laboratory. Laboratories testing hemp must comply with all other regulatory requirements.https://t.co/2mSRmjxwvp pic.twitter.com/qk8dqInwh9

— USDA Ag Mktg Service (@USDA_AMS) December 6, 2022

According to the USDA, they “are delaying enforcement of these requirements (…) based on input received from State and Tribal governments and third-party cannabis testing facilities who have experienced delays in completing the DEA laboratory registration process.”

Because of these delays, the “USDA is concerned there will be inadequate hemp laboratory testing capacity for the 2023 growing season, which will hinder the growth of a domestic hemp market at this nascent stage,” the department said. “Laboratories testing hemp must comply with all other regulatory requirements.”

Moreover, “potential market entrants and related industries are relying on USDA to provide guidance in their preparations for the 2023 growing season, and the Administrator finds there is good cause to exercise enforcement discretion without prior opportunity for notice and comment and to make it immediately effective,” noted the USDA.

Furthermore, it finds that “even if this exercise of enforcement discretion were subject” to the APA's public participation provisions, “there is good cause to proceed without notice and comment.”

In February, Rep. Chellie Pingree (D-ME) filed a bill that would raise the legal THC threshold for hemp products, making several changes to hemp rules, including repealing the requirement for testing DEA-registered labs.

Meanwhile, the USDA is conducting a survey, in partnership with the University of Kentucky, designed to help in “forecasting hemp activity” and developing “a representative understanding of hemp production practices and costs at national, regional, and state levels. According to the notice, the USDA acknowledges the lack of national data collection on this “newly emerging industry.”

Get your daily dose of cannabis news on Benzinga Cannabis. Don’t miss out on any important developments in the industry.

Photo: Courtesy Of Tim Mossholder On Unsplash