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Jan 15, 2021

USDA Announces Final Rule Regulating the Production of Hemp in the U.S.

DENVER — The U.S. Department of Agriculture on Friday announced the final rule regulating the production of hemp in the United States.

According to the USDA’s press release:

The final rule incorporates modifications to regulations established under the interim final rule (IFR) published in October 2019. The modifications are based on public comments following the publication of the IFR and lessons learned during the 2020 growing season. The final rule is available for viewing in the Federal Register and will be effective on March 22, 2021.

Statement from Shawn Hauser, partner and chair of the Hemp and Cannabinoids Department at Vicente Sederberg LLP:

“The transition from prohibition to a legal and regulated system takes time, and USDA’s final rule is a historic step forward for hemp in the U.S.  Many are justifiably disappointed by the DEA’s continued (and in some ways expanded) role in the agricultural hemp program, but there were also a number of positive improvements. The expanded harvest window, alternative disposal/remediation authorizations, and increase of the standard of negligence to 1% will be critical to building a successful hemp industry, and they indicate the USDA gave meaningful consideration to stakeholder’s comments. We are undoubtedly making progress, and we will continue to work with regulators and through Congress to perfect the regulatory structure for hemp.”

About Vicente Sederberg LLP and the Hemp and Cannabinoids Department

Vicente Sederberg LLP is a top-ranked national cannabis law firm with offices in Denver, Boston, Los Angeles, New York, Jacksonville, and Austin. It has been at the leading edge of cannabis policy since its founding in 2010, helping public and private sector clients evaluate, shape, implement, and navigate marijuana and hemp laws and regulations across the U.S. and around the world.

The VS Hemp and Cannabinoids Department is an international leader in hemp and cannabinoid law and policy with more than a decade of experience working on hemp laws and regulatory programs at the local, state, and federal levels. It advises clients from every sector of the industry and assists policymakers and regulators, both domestically and abroad, with the development and implementation of sensible hemp policies.