All About USDA’s Hemp Testing Rules
What is hemp?
Hemp is derived from the Cannabis Sativa plant. It can be sourced from any part of the plant including the seeds. The cannabinoids in a cannabis plant classified as hemp need to be less than 0.3% concentration of delta-9 tetrahydrocannabinol or THC.
What is THC?
Tetrahydrocannabinol is one of the primary psychoactive elements of cannabis. It is one of the over 100 total cannabinoids identified on the plant and significant for causing the intoxicating effect or the ‘high’ when consumed.
Is hemp the same as marijuana or medical cannabis?
Although hemp and marijuana are derived from the same plant the differentiator between the two is the level of THC. If THC concentration is less than 0.3% it is hemp, if there is more it is classified as medical or recreational cannabis or marijuana.
Hemp is legal in all 50 states, medical cannabis is approved only in 37 states and recreational cannabis for adults is allowed in 19 states of the United States. These regulations are stringent, often leading to a felony, even for honest mistakes. Stakeholders dealing in hemp products have to take precautions as growing medical cannabis with a hemp license is illegal.
Background for hemp approval by USDA
In the 2018 Farm Bill, it was proposed to remove hemp and other derivatives of Cannabis Sativa with a lower concentration than 0.3% THC on a dry weight basis from the definition of Schedule 1 drugs of the Controlled Substance Act.
The act also stated that hemp and products thereof with lower than the threshold restrictive limit of THC concentration will be authorized and regulated for approval by FDA. Meeting the regulatory requirements and standards of the FDA for hemp products will be in line with existing policies for other food, dietary supplements, human and veterinary drugs, and cosmetics. The standards set by FDA ensure that the products sold in supermarkets and drugstores are safe for consumption and the products are accurately labeled for consumers to make informed decisions.
What are the state and tribe hemp plans?
The new and final rules released in 2021 supersede the one set out in the 2018 Farm Bill for domestic hemp production programs by states and tribes. The rules govern the approval of plans submitted by various states and Indian tribe programs to locally grow hemp.
The rules set out the policies for maintaining records related to land where hemp is grown, quality control testing procedures followed to maintain THC below the requisite limit and safe disposal of plants that exceed marginally
Rules regarding the import of hemp seeds
A state or a tribe can submit their plan to be approved or initially follow the rules set out by USDA and then develop their plan for approval from the entity. The import of hemp seeds is overseen by the Animal and Plant Health Inspection Service (APHIS) to ensure safety from excess pesticides used in the country exporting the seeds.
Imported hemp seeds are approved if they comply with phytosanitary certification from the origin country and federal seed analysis certificate to confirm that no plant pathogens or pests are present in the consignments.
Rules for testing for hemp products
- SOPs for testing
Laboratories testing hemp should create standard operating procedures and these guidelines should be available for inspection. Training for sampling staff employed at the institute should comply with the USDA, state, or tribal hemp production program
- THC level determinations
Post-decarboxylation method has to be used for analytical testing of samples to determine the concentration levels of THC in hemp-based products. The total concentration of delta-9 tetrahydrocannabinol is determined for the dry weight of the hemp product and reported hence.
If any other method is intended to be used for testing the THC concentration, then a detailed report about the procedure and method has to be submitted. USDA approval for using the method has to be sought in writing.
tetrahydrocannabinolic acid (THCA) that is actively present in fresh parts of the plant converts to THC after drying. So the sampling test must consider the potential conversion of THCA to THC and represent both elements’ levels. Gas and liquid chromatography are approved methods that can determine the levels.
- Sample preparation rules
After receiving a sample to be reviewed by an approved testing laboratory, it has to be ensured that the sample is completely dry and is free from any moisture content that can affect the reporting of THC concentration on a dry weight basis. In case the sample cannot be dried within 24 hours of receipt it has to be stored in the freezer at minus twenty degrees centigrade or lower until it is completely dried.
Future for hemp testing
AMS is changing the sampling and testing provisions for hemp grown in state and tribal Hemp programs. Earlier, IFR was not considering the geographical and physiological factors from where hemp was sourced. Not considering such data can often be trivial for large-scale industrial production of hemp products.
AMS is now concentrating on performance-based sample testing which defines the set objectives and focuses on the results. A performance-based sample testing rule sets the objective and gives the program a leeway for states and tribes to experiment to achieve the set of objectives. It does not aim to micro-manage the approved hemp programs as their compliance to destroy the product with higher concentration is already spelled out.
Conclusion:
Hemp testing rules cannot be disregarded as the repercussions of non-compliance can lead to penalties and sometimes tangle in unwarranted legal cases. So hemp growers and product manufacturers who participate in a state or tribe program have to enlist a reliable testing laboratory that follows all the guidelines of the regulator and helps with the right approach to reviewing the samples.
The growth of hemp-based products is still at a nascent stage and the right testing partner has a significant impact on the growth of the manufacturer and the industry. Anyone looking to obtain the details of a good lab that meets all the requirements can check the USDA directory for the same.