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In the late evening of September 30th, 2020, the Senate passed a bill that has a provision to extend the 2014 Farm Bill rules for another year (until September 30th, 2021).

This provision was part of a bill that is intended to keep the Federal government funded and open until mid December of this year, however, Section 122 includes this provision to amend the Agriculture Improvement Act of 2018 (the 2018 Farm Bill):

Sec. 122 Section 7605(b) of the Agriculture Improvement Act of 2018 (7 U.S.C. 5940 note; Public Law 115–334) is amended by striking the date that is 1 year after the date on which the Secretary establishes a plan under section 297C of the Agricultural Marketing Act of 1946 and inserting “September 30, 2021”.

Continuing Appropriations Act, 2021 and Other Extensions Act

The original text for Section 7605(b) is the portion of the 2018 Farm Bill that requires the hemp provisions in the 2014 Farm Bill to be automatically repealed 1 year after the USDA created a plan for hemp production:

7605(b) Repeal.— Effective on the date that is 1 year after the date on which the Secretary establishes a plan under section 297C of the Agricultural Marketing Act of 1946, section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) is repealed.

Agriculture Improvement Act of 2018

The USDA Interim Final Rules, published in the Federal Register on October 31st, 2019 (which now has its comment period reopened, and you should go comment now if you haven’t yet), was interpreted to start the clock on that provision, and thusly, states have been scrambling to submit and enact their own USDA approved plans by the looming deadline of November 1st, 2020

What does this mean for you?

So long as President Trump signs this into law (which he is fully expected to), this means that states can opt to continue for another year under the 2014 Farm Bill rules. In practice, this means:

  • a state can opt to use Delta-9 alone for preharvest testing without counting Total THC or decarboxylating; and
  • a state can continue to use a 30 day harvest window instead of a 15 day harvest window.

There are other wins here (such as not requiring a DEA lab, etc), but these two points alone are a massive win for multi-season crops that will harvest between now and next fall as well as next season’s outdoor crops.

What do you need to do?

Reach out to your state department that is responsible for your hemp program and encourage them to NOT adopt their new hemp program until September 30th of 2021.

It is critical for your state to push back the implementation of 2018 Farm Bill, USDA approved programs. If other states push back, and your state does not, you are a significant disadvantage with your next crop.

Here at Project Hemp Flower, we know flower, and the best flower cannot be produced under a Total THC preharvest test with a 15 day harvest window. We are excited that farmers may have the opportunity to continue to create amazing hemp flower, and we look forward to what the innovative and skilled farmers will do with these continued rules!

Looking for top-shelf hemp flower? We only select the finest flower for our consumers, and we full-panel test every product ourselves for safety and compliance. Check out what we have to offer!

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