CONGRESS EXTENDS 2014 FARM BILL’S HEMP PILOT PROGRAM FOR ANOTHER YEAR

As part of the continuing resolution to temporarily fund the federal government, Congress extended the 2014 Farm Bill’s industrial hemp pilot program until September 30, 2021, which was set to expire at the end of this month. Several states continue to operate under the 2014 Farm Bill after opting out of the 2018 Farm Bill.

The 2018 Farm Bill mandated the repeal of the 2014 Farm Bill’s industrial pilot program one year after the USDA established regulations under the 2018 Farm Bill. That would have resulted in the 2014 Farm Bill being repealed on October 31, 2020, as the USDA issued its hemp regulations, called the interim final rule, on October 31, 2019. This was problematic because some states had no intention of opting-in to the 2018 Farm Bill due to concerns about how the interim final rule handled delta-9 tetrahydrocannabinol testing. Other jurisdictions have submitted plans which are either under review by the USDA or need to be re-submitted per USDA feedback (e.g., Colorado). The USDA’s status list of state and tribal hemp production plans can be found here.

The USDA maintains jurisdiction over hemp farming activities only. Other federal agencies such as the Drug Enforcement Administration and Food and Drug Administration, and individual states, continue to make rules and pass laws concerning the processing and extraction of hemp, and treatment of hemp products. If you have questions about a state’s hemp plan or any other issue concerning hemp, please contact David Wunderlich at david@mcallistergarfield.com, or 720-722-0048.