Colorado hemp farmers are worried about how the Drug Enforcement Administration (DEA) will impact their businesses—and the domino effect it will have on the burgeoning industry.
The U.S. Department of Agriculture’s (USDA’s) interim final rule would require farmers to have their hemp tested for tetrahydrocannabinol (THC) levels at a DEA-registered lab within 15 days of harvest.
The problem: There are currently 40 DEA-registered labs in the nation as listed on the USDA’s website. Only two are in Colorado, the nation’s leader of land devoted to hemp farming in 2019.
"If there are only two labs that are DEA-compliant, the industry in Colorado is going to fail," Colorado hemp farmer Beau Woodcock told Westword. "We all agree that we need regulations, but there is a balance between the government’s regulations and the government’s ability to enforce those regulations in a timely manner to both adhere to the guidelines and make a profit."
Westworld reports that the Colorado Department of Agriculture presently only has the resources to test about 25% of the hemp fields in the state.
Farmers’ concerns are compounded by the fact that the financially lucrative cannabinoid cannabidiol (CBD) degrades faster than THC. And research has shown that THC levels can spike at the end of the narrow harvest season, which could result in hemp testing above the 0.3% THC threshold set by the USDA. That crop would then have to be destroyed, and if it tests above 0.5%, farmers could face legal penalties.
The USDA’s comment period on the interim final hemp rule has been extended to Jan. 29, and it’s possible the department will make changes to the rule before it’s finalized in 2021.
Many state agriculture departments either already have or are working on submitting their hemp plans. So far, nine states have chosen to stick with their plans under the Agriculture Act of 2014 (the 2014 Farm Bill), which does not require testing by DEA-registered labs. States can operate under the 2014 Farm Bill until October of this year.
Meanwhile, labs can now apply for DEA registration. But with a lengthy certification process and a purported 12-15 month wait list to receive the registration, labs may soon be racing against the clock to get ahead of the nation’s transition to operating under the Agriculture Improvement Act of 2018 (2018 Farm Bill).
And as labs make their mad dash for DEA registration, so too will farmers rush to find their nearest certified lab with hopes of with hopes of keeping their crops in compliance, fulfilling contracts and making a profit.
