The nationwide hemp rules are taking effect March 22 as planned, with no additional delay or review because of the changed administration at the U.S. Department of Agriculture.

The USDA gave notice Monday that the rules have been reviewed and are cleared to take effect as planned. The USDA was giving the hemp plan a second look because it was published less than 24 hours before former President Donald Trump left office in January.

Among other changes, the final hemp rules:

• Allow hemp farmers to use common disposal methods to destroy hemp crops with more than 0.3% THC.
• Give hemp producers 30 days before harvest to get their plants tested for THC, up from 15 days. 
• Give farmers more breathing room before being considered “negligent” for producing hot hemp. The new negligence standard is 1% THC, up from 0.5% THC. 

Not all the final rules have been embraced by the industry, though. The final rules retain a requirement that hot hemp flowers be destroyed and that testing labs be certified by the U.S. Drug Enforcement Administration.

The rules also require hemp to tested for total THC content, not just delta-9 THC.

Learn more about the final hemp rules in this free downloadable reference guide, “USDA Final Hemp Rule: A Handbook for Hemp & CBD Businesses.”

Farmers still making sense of long-delayed nationwide rules for growing hemp in 2021 and beyond got another wrinkle Wednesday when the incoming administration of President Joe Biden ordered a “freeze” on new regulations.

The memo instructed federal agencies — including the U.S. Department of Agriculture, which oversees hemp production — to consider additional 30-day comment periods for rules that have been finalized but not yet taken effect. Hemp falls into that category; the rules were published Tuesday but don’t take effect until March.

The memo said the additional comment period is a request, but not a requirement. USDA hasn’t answered multiple attempts from Hemp Industry Daily to find out how the agency plans to approach the hemp rules through the administrative transition.

Biden has announced his choice to lead the USDA, former Agriculture Secretary Tom Vilsack of Iowa. But the selection must be approved by the Senate, which has not yet announced a schedule for confirmation hearings.

The final hemp rules give hemp farmers more breathing room if their crops exceed legal THC limits of 0.3% THC. They also give the industry options to sell parts of those plants, as well as more time before testing labs need certification by the U.S. Drug Enforcement Administration.

But some in the hemp industry were dismayed that the final version offers no route to market for cannabis in excess of 0.3% THC and retains unpopular requirements such as mandating that sampling be done by designated field agents.