The Agriculture Enchancment Act of 2018 (2018 Farm Invoice) eliminated hemp and its derivatives from the definition of marijuana beneath the Managed Substances Act (CSA) and offered an in depth framework for the cultivation of hemp. The 2018 Farm Invoice additionally gave the US Division of Agriculture (USDA) regulatory authority over hemp cultivation on the federal stage, though states have the choice to take care of major regulatory authority over the crop cultivated inside their borders by submitting a plan to the USDA. The Oregon Division of Agriculture (ODA) submitted Oregon’s Hemp Plan on August 14, 2020, not lengthy earlier than the October 31, 2020 deadline required by the 2018 Farm Invoice.
The ODA is the first regulator of hemp in Oregon, one of many first states to permit the manufacturing of commercial hemp beneath the 2014 Farm Invoice. For a primer on Oregon hemp legislation, see Hemp CBD Across State Lines: Oregon, which is a part of our 50-state sequence on the foundations and laws governing hemp.
The ODA has now withdrawn the Hemp Plan it submitted to the USDA in a letter to the USDA Secretary, Sonny Perdue. The letter, because the ODA explains, “is in response to the passage of the Persevering with Appropriations Act, 2021 and Different Extensions Act. President Trump signed the act on October 1, 2020. Part 122 extends the 2014 Farm Invoice’s Hemp Pilot Program by means of September 30, 2021.” Which means the following rising season in Oregon will proceed beneath the 2014 Farm Invoice and never the Hemp Plan.
Why did the ODA do that? The ODA states that withdrawal will give it time to work to resolve a few of the “points and considerations” offered within the USDA’s interim last guidelines and search legislative steering. What would possibly these “points and considerations” be? See the next:
Critically, the ODA’s withdrawal of the Hemp Plan doesn’t change Oregon’s present legal guidelines and laws governing hemp. So the rule efficient January 1, 2020 requiring the pre-harvest testing of THC for “complete THC” stays in impact. Although, to make certain, Oregon already adopted a complete THC testing requirement as Nathalie Bougenies defined again in June 2019: Oregon Hemp: ODA’s New “Total THC” Standard is a KEY Operations and Contract Issue. Furthermore, though the ODA won’t be adopting the proposed guidelines filed in August 2020 that concern the Hemp Plan, the ODA will undertake the foundations and laws that “had been for housekeeping functions” efficient as of January 1, 2021.
So for now, Oregon hemp is in a “the extra issues change the extra they keep the identical” scenario with reference to hemp. For hemp producers, processors, and others, the ODA’s choice to withdraw the Hemp Plan ought to present consistency between this yr’s rising and harvest season the 2021 hemp rising and harvest season. On stability, that’s a superb factor.