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More Than 500 People Have Commented On USDA Hemp Rules So Far

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Less than two weeks after the U.S. Department of Agriculture (USDA) opened a public comment period on proposed hemp regulations, more than 500 people have already weighed in.

USDA issued an interim final rule last month, laying out basic regulatory guidelines for hemp manufacturers. It contains information on a wide-range of issues, including licensing, THC testing requirements and the disposal process for crops the exceed potency limits.

Advocates and industry stakeholders have expressed mixed feelings about the rules. While the release of the regulations represents a positive development, with farmers soon to be equipped with the tools needed to fully enter the market, there are certain provisions that businesses have regarded as excessively restrictive and possibly damaging to the industry.

Those concerns, and others, are reflected in the comments submitted so far. Here are some highlights:

Christopher Gromek, a Washington State-based hemp business owner, said that USDA should allow growers to address so-called “hot” hemp containing excess THC before the crops are ripped up and thrown out.

“The USDA should allow farmers to remediate THC levels in ‘hot’ hemp by allowing them to (through sunlight/time etc. degrade the THC levels in their hemp until they are suitable for sale,” he said. “If farmers are allowed to remediate ‘hot’ hemp prior to sale, they’ll still be able to utilize most currently available genetic stock, while simply adding a processing requirement to ensure hemp of required THC levels is being sold.”

A significant number of people voiced frustration over the THC limit and how it will be tested for, with multiple stakeholders saying that testing should be limited to delta-9 THC, not the entire spectrum of THC content.

“As a farmer and someone who has worked in the processing of hemp,” Barbara Sisson said. “I am concerned with the matter of the total THC being used against farmers within the industry. This is something that needs much further research.”

“Testing of hemp to determine compliance with the 0.3% THC limit should not be done post-decarboxylation,” Zachary Farber wrote. “Doing so will make it significantly harder for hard-working hemp farmers to produce legal hemp.”

“The current testing requirements are already sufficient to ensure no psychoactive effects will be elicited from smoking the plant material,” he said. “The current available genetics would make it incredibly difficult for farmers to comply with the regulations.”

Several commenters recommended that the allowable THC content be increased from 0.3 percent to 1 percent, and some advised that the timeline for testing should be amended.

“We absolutely need a 30 day or more prior to harvest testing window, 15 days is not enough time to harvest,” one person said.

Another person weighed in on the proposed ban on being a “key principal” of a hemp business for those with felony drug convictions. While the ban expires after 10 years—a compromise that advocates hashed out with lawmakers—an anonymous commenter said “it is inconceivable that those most negatively impacted from prohibition would be barred from participating in the new legal economy.”

An Oregon-based hemp farmer raised an interesting point with respect to the requirement stipulating that only Drug Enforcement Administration (DEA)-registered facilities can test the crop. Jesse Richardson said the only such facility in the state is the Oregon State Crime Lab.

“From our understanding, many existing labs are unable to be DEA certified because they also service marijuana businesses, which is still a Schedule 1 Substance under the CSA,” Richardson said. “A single lab cannot handle 750+ growers in Oregon. Existing labs should be permitted service providers. These are quality, trusted labs we have worked with for years.”

In a related development, the advocacy organization U.S. Hemp Roundtable sent a letter on Tuesday thanking USDA for developing the interim rule and allowing stakeholders to submit input on the proposals. It pointed to a number of elements that the group “applaud[s]” such as one stipulating that interstate transportation of hemp products is permissible and another that provides some flexibility in THC testing.

But group’s message to USDA Under Secretary Greg Ibach also makes clear it is concerned about provisions that penalize farmers for cultivating hemp with more than 0.5 percent THC, require farmers to destroy unauthorized crops that could instead be used as a “soil amendment” or for research purposes, force hemp to be tested only in laboratories registered with the DEA and mandate that testing be done within 15 days from harvest.

“Resolution of these issue could have a positive impact on the developing hemp market, as well as promote future innovation,” the group wrote, adding that it  plans to formally submit a comment to USDA soon.

People can submit comments through December 31, after which point USDA will work to finalize the interim final rule for hemp. It’s not clear to what extent it will take submitted recommendations into consideration and amend the regulations; however, as U.S. Hemp Roundtable pointed out, the department appears to be receptive to feedback.

Meanwhile, the industry is still awaiting draft rules for hemp-derived CBD products from the Food and Drug Administration (FDA). Officials from the agency have indicated that there are complicating factors that make it difficult to develop regulations for the cannabis compound, and former FDA Commissioner Scott Gottlieb said it may take years for rules to be released without congressional action.

New York State Regulators File Amendment To Allow CBD Hemp Products In Medical Marijuana Program

Photo courtesy of Pixabay.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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USDA Approves Hemp Plans For Texas, Nebraska And Delaware

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The U.S. Department of Agriculture (USDA) announced on Monday that it has approved hemp regulatory plans for three more states and four additional Indian tribes.

This is the latest in a series of approvals that USDA has doled out since the crop and its derivatives were federally legalized under the 2018 Farm Bill. Texas, Nebraska and Delaware—in addition to the Colorado River Indian Tribes, the Fort Belknap Indian Community, the Iowa Tribe of Kansas and Nebraska and the Yurok Tribe—each had their regulatory plans cleared.

“USDA continues to receive and review hemp production plans from states and Indian tribes on an ongoing basis,” the department said in a notice. “Plans previously approved include those for the states of Louisiana, New Jersey, and Ohio, and the Flandreau Santee Sioux, Santa Rosa Cahuilla, and La Jolla Band of Luiseno Indian Tribes.”

While hemp is no longer a federally controlled substance, farmers interested in cultivating and selling the crop must live in a jurisdiction where USDA has approved a proposed regulatory scheme. The process was outlined in an interim final rule USDA published late last year. If a state or tribe does not have, or plan to propose, regulations for hemp, cultivators can apply for a USDA license instead.

“This is a victory for Texas farmers,” Texas Agriculture Commissioner Sid Miller said in a statement. “We are one step closer to giving our ag producers access to this exciting new crop opportunity.”

“We’ve got to get our rules approved and get our licensing program up and running, but the dominoes are dropping pretty quick,” he said. “We’re almost there.”

Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment that “Texas has the potential to be the largest supplier of hemp in the U.S., providing farmers with an unprecedented opportunity.”

“With approval from the USDA and the Texas Department of Agriculture already moving forward with establishing licensing standards, it’s refreshing to see our government paving the way for legal cannabis cultivation in Texas,” Fazio said.

While lawmakers and industry stakeholders have widely celebrated USDA’s commitment to implementing hemp legalization, it has also received a significant amount of pushback over proposed rules such as THC limits and laboratory testing requirements. A public comment period for the department’s interim rule ends on Wednesday.

USDA maintains a website that tracks the status of state and tribal hemp plans.

Monday’s announcement sends another signal to the hemp industry that the federal government is committed to supporting the market and ensuring that farmers have the resources they need to see their businesses thrive since the crop was legalized.

That said, one of the most lucrative market opportunities that hemp farmers are hoping to take advantage of is the widespread interest in hemp-derived CBD products. The Food and Drug Administration (FDA) has jurisdiction over rules for marketing CBD, and the agency has made clear that the process may take several years without congressional action.

Earlier this month, a bipartisan coalition of lawmakers set out to do just that, filing a bill that would require FDA to allow CBD products to be sold as dietary supplements.

U.S. Military Reiterates That CBD Is Off Limits To Service Members

Photo courtesy of Brendan Cleak.

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Mexico’s President Says A New Marijuana Panel Will Make Legalization Recommendations

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The president of Mexico said on Monday that a government panel is being formed in order to make recommendations for a legal marijuana system in the country.

While he didn’t offer many details about the commission, President Andrés Manuel López Obrador said it will be focused on studying public health aspects of legalization.

“A group is going to be formed to decide what will happen about that with a public health approach. We are about to comply with the recommendation of the Supreme Court,” the president said during a press conference, according to a translation of his remarks, referencing a 2018 ruling that deemed the prohibition of cannabis for personal use unconstitutional.

Watch López Obrador’s marijuana comments, around 1:43:45 into the video below:

Asked to weigh in on the argument that regulating drugs like cannabis could combat cartels, the president said “we are analyzing this possibility” and went on to describe the state of play on legislation to legalize marijuana.

Since the court ruling, legislators have spent months discussing and drafting marijuana reform legislation to create a commercial cannabis market. Several Senate committees produced a comprehensive legalization bill last year, which advocates hoped would get a vote before the court’s October 2019 deadline to change the country’s marijuana policy, but that didn’t pan out.

The court granted lawmakers a deadline extension to end prohibition by April 30 of this year.

“We are about to fulfill this recommendation of the [Supreme Court] so that it becomes law,” he said. “We are going to process it, we are working on that—I think it will move forward. A group will be formed to decide what to do about this, basically.”

An amended reform bill, jointly submitted by the Justice and Health Committees, started circulating earlier this month. It would legalize possession of up to 28 grams, or 200 grams for those who obtain a certain license. Individuals would also be able to cultivate up to six plants.

“We have to review it well, of course, all with the public health approach, always with that approach, and taking into account the changes that are taking place,” the president said. “This is being analyzed.”

Sen. Ricardo Monreal Ávila of the ruling MORENA party stressed that the legislation isn’t final, but it’s a step in the right direction. He said he’ll be meeting with Interior Secretary Olga Sánchez Cordero and Julio Scherer, a legal advisor to the president, this week to discuss cannabis reform legislation.

Monreal, who included marijuana legalization in a list of legislative priorities this month, said he expects lawmakers to pass reform legislation ahead of the April deadline.

Advocates Push Back On Secretly Recorded Trump Claim That Marijuana Use Lowers IQ

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Advocates Push Back On Secretly Recorded Trump Claim That Marijuana Use Lowers IQ

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Marijuana reform advocates are hitting back at President Trump’s suggestion that cannabis use makes people lose IQ points.

“In Colorado they have more accidents,” the president said of the first state to legalize cannabis for adult use. “It does cause an IQ problem.”

The comments were revealed over the weekend in a surreptitiously recorded video captured in April 2018 by Lev Parnas, an associate of Trump attorney Rudolph Giuliani, who is involved in the Ukraine scandal that led to the president’s impeachment.

But when it comes to cannabis’s impact on intelligence, Trump has it wrong, according to the National Institute on Drug Abuse, which determined based on longitudinal twin studies that there is not “a causal relationship between marijuana use and IQ loss.”

In interviews with Marijuana Moment on Monday, legalization advocates expressed frustration that the president perpetuated the prohibitionist talking point.

“Trump’s remarks simply reveal that he is out of touch, given that the majority of Americans support marijuana legalization for both medical and adult use,” Sheila Vakharia of the Drug Policy Alliance said. “This type of rhetoric is fear-mongering and inflammatory.”

“The evidence is clear from the dozens of states that have legalized medical and adult use—the sky isn’t falling and the kids are alright,” she said.

Erik Altieri, executive director of NORML, said that “what truly causes a decline in an individual’s intelligence is adhering to false Reefer Madness rhetoric that flies in the face of available science.”

“If President Trump truly believes that responsible marijuana use by adults leads to a loss of IQ points, we suggest he immediately consults his physician to see if he is suffering from this affliction or at the very least consults the wide body of available research that debunks this old talking point,” he told Marijuana Moment.

Listen to Trump talk about marijuana, about 45:30 into the video below:

 

But while the president’s IQ claim came as a disappointment, there were other aspects of the secretly recorded dinner conversation concerning that cannabis reform advocates see as positive.

For example, Trump seemed surprised to hear that state-legal marijuana businesses don’t have access to traditional financial services, which Parnas described as “the biggest problem” in the industry.

“Cannabis, look, you’re talking about marijuana, right? You can’t do banking there?” the president said, adding that the issue is “all working out. That whole thing is working out.”

“I don’t know if that’s a good thing or a bad thing,” he said.

Trump, who has previously voiced support for allowing states to set their own marijuana policies, also asked others at the dinner table whether they believe “the whole marijuana thing is a good thing” and whether the plant is “actually good for opioids.”

One person said cannabis is a “better alternative” to prescription opioids, and Donald Trump Jr. noted that “alcohol does much more damage” than marijuana and that “you don’t see people beating their wives on marijuana. It’s just different.”

Morgan Fox, media relations director for the National Cannabis Industry Association, told Marijuana Moment that it’s “pretty frustrating that the president, like many others, has been misled by ‘Just Say No’ propaganda into believing the disproven idea that cannabis consumption decreases intelligence.”

“However, this clip suggests that he is in a fairly good position or at least heading towards one on the issue overall,” he said. “I think it is pretty clear that he understands that prohibition is a failure from an economic standpoint, that states should be free from federal interference, and that reform could help with the opioid epidemic.”

“His statements regarding access to banking suggest that he would be willing to sign cannabis banking reform legislation that crosses his desk. Generally, it is very heartening to see that the administration is having substantive conversations about it, and we welcome the opportunity to continue this discussion with the president to make sure he recognizes the urgency of reform and has the facts.”

Later in the recording, Parnas made the case that Trump should embrace marijuana reform ahead of the 2018 midterm elections to attract young voters and get “ahead of” the issue.

“It’s so far out you’re not going to stop it,” he said. “I think you need to be ahead of it.”

Parnas pitched the idea of establishing a “bipartisan committee” with “no politicians” to independently explore possible policy changes and make recommendations to the administration. The president didn’t directly reply.

While Trump didn’t take up the suggestion to take the lead on cannabis prior to the 2018 election in which Republicans lost control of the House of Representatives, Don Murphy, director of federal policies at the Marijuana Policy Project, said it’s not too late for him to act.

The president “has an opportunity to make the history books undoing a war he inherited, waged against Americans—African Americans in particular—literally for generations,” he said.

“Even his predecessor continued that same failed policy, throwing even more people in prison. Not only that, he has a chance to out flank every Democratic candidate in the field,” Murphy told Marijuana Moment, referring to the Obama administration’s rejection of petitions to reclassify cannabis under federal law. “He would be remembered as our greatest criminal justice reformer in history.”

U.S. Military Reiterates That CBD Is Off Limits To Service Members

Photo courtesy of Wikimedia.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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