Analysis

For Hemp Industry, USDA's THC Rules A High-Stakes Misstep

Law360 (February 14, 2020, 1:45 PM EST) -- When the U.S. Department of Agriculture released the initial version of its hemp regulations in October, one word stood out to many hemp farmers: “total.”

It refers to “total THC” — a measurement of two forms of THC that naturally occur in hemp, the high-producing THC and a nonpsychoactive one. And it lowers the threshold between a legal and an illegal plant, dramatically raising the stakes for farmers.

The farmers say it wasn’t in the 2018 Farm Bill, which broadly legalized the crop. They say the USDA improperly added it to its regulations, overstepping the agency’s role in implementing the bill....

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