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On Friday, the USDA published a long, long awaited Final Rule regulating the production of hemp in the United States. The Final Rule, which arrives more than two years after Congress first allowed for the widespread cultivation, processing, distribution, sale, and use of hemp, establishes a comprehensive regime governing all aspects of this nascent industry.
The hemp industry has been operating under an interim final rule since October 2019, which our team wrote about at the time. The interim final rule’s key provisions included licensing requirements; recordkeeping requirements for maintaining information about the land where hemp is produced; procedures for testing the THC concentration levels for hemp; procedures for disposing of non-compliant plants; compliance provisions; and procedures for handling violations.