Federal hemp rules provide some clarity, and leeway, for growers
Maine’s hemp producers may get some leeway when it comes to the level of THC allowed in their product, under federal regulations released Tuesday.
Under the U.S. Department of Agriculture’s draft rules, hemp crops with a THC content between 0.3% and 0.5% will fall within a “measurement of uncertainty” and won’t result in a violation for the grower.
The USDA acknowledged that plant genetics and testing variations could account for high levels of THC, or tetrahydrocannabinol, the psychoactive compound found in marijuana and hemp.
“USDA recognizes that hemp producers may take the necessary steps and precautions to produce hemp … yet still produce plants that exceed the acceptable hemp THC level,” the rules read.
The THC guidance is one of the highlights of the rules, which take effect Thursday when they're published in the Federal Register. They will trigger a 60-day public comment period, and the USDA is waiting until the conclusion of that period before approving state plans for hemp sales.
Hemp was legalized by Congress in the 2018 Agriculture Improvement Act and states have looked for direction about how to regulate it.
Last week, Gov. Janet Mills explained the urgency of the need to U.S. Secretary of Agriculture Sonny Perdue. In a letter, Mills wrote: "Growers in Maine are receiving notices of bank account closures and insurance policies not being renewed because of uncertainty around federal hemp regulations. These are troubling developments that stifle the growth and aspirations of hardworking farm businesses."
On Tuesday, Commissioner of Agriculture, Conservation and Forestry Amanda Beal said in a statement, "States like Maine and farmers across the country have been in limbo as we awaited this importance guidance outlining how states would implement commercial hemp production. We will continue to work with stakeholders across Maine, including the congressional delegation and the USDA, in making sure that this guidance makes sense for Maine farmers and business owners.”
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