The United States Department of Agriculture (USDA) has created a very helpful infographic for understanding the new 2018 Farm Bill hemp policy. By comparing the 2014 Farm Bill to the 2018 Farm Bill, we can see how hemp law and policy has evolved.
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 Pilot Programs).
State/Tribal Nation Requirements
2018 – 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, 2019
2014 – 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 & Testing
2018 – 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.
2018 – 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 result
2014 – 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 Institutions
2014 – Financing may not be available through Farm Credit System Banking Institutions
2018 – 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.
Request a Consultation
If you’re interested in learning more about the 2018 Farm Bill and what it means to your hemp business, feel free to contact us for a Consultation. Our founding principal Courtney N. Moran, LL.M is taking new clients in 2020.