On October 31, 2019, the United States Department of Agriculture
(USDA) unveiled the interim final rule for its U.S. Domestic Hemp
Production Program, and may now proceed with review and approval of
state and tribal hemp plans. The release commenced a public comment
period that has recently been extended through January 29, 2020,
and the USDA will publish finalized rules within two years.
Although hemp may continue to be cultivated pursuant to authority
granted by the 2014 Farm Bill, that authority sunsets on October
31, 2020, one year after the publication of the interim rule.
Initial public reaction to the interim regulations has been
generally pessimistic. Producers of hemp complain that the testing
and compliance requirements are too strict and that if implemented
the interim rule may stunt industry growth. In particular, many are
concerned with the USDA's definition of the 0.3% THC limit for
legal hemp, restrictive testing methodologies under a new
