The United States Department of Agriculture (USDA) has created a very helpful infographic for understanding the new federal hemp policy provided in the 2018 Farm Bill. By comparing the 2014 Farm Bill to the 2018 Farm Bill, we can see how hemp law and policy has evolved and where it stands today.
A detailed comparison is made between Producing Hemp under the 2018 Farm Bill (US Domestic Hemp Production Program) vs. Producing Hemp under the 2014 Farm Bill (Industrial Hemp Research Only).
State/Tribal Nation Requirements2018 – Requires participating State/Tribal Nations to submit a production plan to USDA for approval that meets the requirements outlined in the Interim Final Rule published October 31, 20192014 – Does not require participating State/Tribal Nations to submit a production plan to USDA for approval however, all participating producers must adhere to State requirements.2018 – States and Tribes with approved plans can produce hemp.2014 – States and institutions of higher education are permitted to produce hemp as part of a pilot program for research until October 31, 2020. States and Tribes with approved plans can produce hemp.
Sampling & Testing2018 – The plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 thc concentration of not more than 0.3 percent on a dry weight basis.2014 – The plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 thc concentration of not more than 0.3 percent on a dry weight basis.2018- Sampling procedures must ensure that a representative sample is collected and delivered to a DEA-registered lab for testing within 15 days prior to the anticipated harvest.2014 – There are different sampling procedures or requirements in each State. Testing does not require the use of DEA-registered labs.2018– Hemp produced is subject to testing requirements for Total THC.2014– Sampling or testing procedures vary by State.
Grower Registration2018 – Producers are required to register their production area with FSA.2014 – Producers are generally required to register their production area with the State department of agriculture.
Non-Compliant Hemp Disposal
2018 – Non-compliant material must be disposed of using DEA and CSA procedures.2014 – Requirements related to timing of harvest, testing or disposition of non-compliant material vary by State.
Commerce & Banking
2018 – Producers cannot move any product into commerce before receiving a passing test result2014 – Producers can only grow hemp for research purposes and there are different requirements for products entering commerce depending on the State.2018 – Financing available through Farm Credit System Banking Institutions2014 – Financing may not be available through Farm Credit System Banking Institutions
Law Enforcement2018 – Requires information sharing with law enforcement.2014 – There are varying requirements to share information with law enforcement.
If you’d like to download the .pdf version of this infographic, you can do so here.
Join the Campaign!
If the change in policy with the 2018 Farm Bill affects your business, then it’s time get involved! USDA, Congress and policy leaders across the country need to hear from you. Please consider joining our Campaign to push for science based legislation and regulations that support and protect hemp farmers and agribusinesses nationally.