States React to USDA’s Hemp Rules

The U.S. Department of Agriculture (USDA) has announced its interim final rule related to the establishment of a Domestic Hemp Production Program. The rule establishes a new section specifying the rules and regulations to produce hemp. The action is mandated by the Agriculture Improvement Act of 2018 (the 2018 Farm Bill) and provides specific details on the process and criteria for USDA’s review of plans it receives from states and Indian tribes regarding the domestic production of hemp.

The interim final rule goes into effect immediately. USDA has 60 days to approve a plant after it is submitted by a state or territories of Indian tribes.

Here’s a round up of statements from state agencies.

Colorado Department of Agriculture:

“Our teams are in the process of analyzing this detailed new rule and will leverage its directives in support of our state’s industrial hemp farmers,” said Kate Greenberg, Colorado Commissioner of Agriculture.

“We are proud that Colorado is one of the best states in the country for hemp production and in an effort to continue that leadership we are excited to submit our state plan to the USDA in the coming weeks,” said Governor Jared Polis. “If we have more flexibility over THC concentration we would make sure we act responsibly to continue to position Colorado as the leading state for hemp-related jobs and products.”

In advance of detailed federal hemp guidelines, the Colorado Department of Agriculture launched the Colorado Hemp Advancement and Management Plan (CHAMP) earlier this year. The broad, collaborative stakeholder-based initiative is designed to outline best practices and define a well-structured supply chain for hemp in order to establish a strong market for the state’s farming communities.

“Based on the rich discussions and input we are gathering through our CHAMP meetings, and following the framework of the 2018 Farm Bill, we are preparing to submit our state plan in a timely manner to USDA,” said Wondirad Gebru, assistant director, Colorado Department of Agriculture Plant Industry Division.

To date, 14 CHAMP stakeholder meetings and three public input meetings have been held across the state. In Colorado, more than 88,000 acres are currently registered to grow industrial hemp, although not all of those acres are planted with hemp, and CDA has issued 2,634 hemp registrations as of Oct. 29, 2019.

Kentucky Department of Agriculture:

“Over the next several weeks, the Kentucky Department of Agriculture will conduct a comprehensive review of our existing hemp program and the U.S. Department of Agriculture’s interim final rule,” Agriculture Commissioner Ryan Quarles said. “We will have open dialogue with our growers, processors, and industry stakeholders about what this plan means for our state. I would like to thank the U.S. Department of Agriculture, Secretary Sonny Perdue, and Under Secretary Greg Ibach for their swift movement on putting together a rule for discussion, not even a year after the 2018 Farm Bill was signed.”

For those interested in learning more about Kentucky’s hemp program, KDA will host a Kentucky Hemp Summit for growers, processors, and other interested parties on December 4, 2019, at the Kentucky Exposition Center in Louisville.

Michigan Department of Agriculture:

The Michigan Department of Agriculture and Rural Development (MDARD) is reviewing the draft rule and will likely provide remarks during the comment period.

MDARD will continue its Industrial Hemp Ag Pilot program into 2020. With the release of the USDA Final Interim Rule, MDARD will work state legislators to update Michigan’s hemp law to be in line with federal requirements. MDARD will submit its state plan for USDA review and approval once the updates to state law have been made.

Iowa Department of Agriculture:

“We look forward to reviewing the proposed hemp program rules provided by the USDA,” said Secretary Naig. “We will use this information to refine Iowa’s draft hemp plan before we submit it to USDA for approval. USDA will have 60 days to review and respond to our plan. We are working hard to have Iowa’s hemp program implemented in time for the 2020 growing season.”

The Iowa Department of Agriculture and Land Stewardship is also drafting administrative rules that will be released for public comment in the coming weeks.

“In the meantime, we want to caution people that it is not legal to cultivate, grow or distribute hemp in Iowa until the USDA approves our state plan,” said Naig. “We also encourage growers to make sure they have quality seed and a buyer identified before they invest in hemp production.”

Maine Department of Agriculture:

“We are pleased that the USDA finally released the highly anticipated hemp guidance for states,” said Department of Agriculture, Conservation and Forestry Commissioner Amanda Beal in a statement. “As Governor Mills wrote in her letter to the Secretary of Agriculture last week, states like Maine and farmers across the country have been in limbo as we awaited this importance guidance outlining how states would implement commercial hemp production. We will continue to work with stakeholders across Maine, including the congressional delegation and the USDA, in making sure that this guidance makes sense for Maine farmers and business owners.”

National Association of State Departments of Agriculture:

“Hemp is currently legal to grow in 46 states, and all of those states have indicated they will submit a plan to the USDA,” NASDA CEO Barb Glenn said. “USDA’s presentation of the guidelines means farmers can plant hemp for the 2020 growing season, and states can develop regulations that are uniform and consistent to encourage interstate commerce.”

“We appreciate USDA’s objective to evolve hemp regulations as the industry matures,” Glenn said. “We are all learning as this industry grows. The knowledge we have now will only multiply as the industry secures its place in American agriculture.”

Looking ahead, NASDA advises the U.S. Food and Drug Administration (FDA) to establish a well-defined regulatory framework for CBD products, as currently, most of the interest in this emerging crop is due to CBD production. Last year, hemp acreage quadrupled. Understanding this, it can be expected that an incredible volume will be ready for processing at the end of the 2020 growing season.

“Regulations that chart pathways for nationwide market development and interstate commerce will be critical for this industry to become economically viable,” Glenn said. “Assurance that producers will have a market to sell to, locally or elsewhere, is necessary before harvest time.”

This page will be updated with additional statements as they become available.