In anticipation of the state submitting its hemp production plan to the U.S. Department of Food and Agriculture, Gov. Newsom signed SB-153 last month, a stab at making California hemp law as restrictive as present federal policy.
Unfortunately, on a few critical issues the conflict between existing federal policy and state law is significant enough that waiting for the USDA could be problematic.
Canna Law Blog
- In terms of hemp testing times, the USDA is requiring that samples be taken “within 15 days prior to the anticipated harvest.” Meanwhile, SB-153’s language calls for tests to happen “no more than 30 days before harvest.”
- General hemp testing has another conflict. The new California legislation only demands testing for delta-9 tetrahydrocannabinol. Present USDA regulations are asking for “total THC“ tests. That’s “the molar sum” of delta-9 THC and delta-9 tetrahydrocannabinolic acid.
- The USDA is operating under interim rules that will remain in place for about another year.
