USDA delays DEA lab requirement for the third time
The U.S. Department of Agriculture (USDA) recently announced a one-year extension of the delay in enforcing its rule mandating that all hemp products sold in the United States be tested by laboratories registered with the Drug Enforcement Administration (DEA). This marks the third consecutive year officials have postponed the implementation of this requirement, reflecting ongoing challenges in aligning regulatory frameworks with industry capabilities.
As a result of this continued suspension, hemp product manufacturers are permitted to use non-DEA-registered third-party laboratories for testing through December 31, 2025. This extension provides additional flexibility to producers while the industry adapts to evolving compliance standards.
Press Release
Date November 14, 2024
The U.S. Department of Agriculture (USDA) is delaying enforcement of the requirement for hemp produced under the USDA Domestic Hemp Production Program to be tested by laboratories registered with the Drug Enforcement Administration (DEA). Due to inadequate DEA-registered laboratory testing capacity, testing can be conducted by labs that are not DEA registered until Dec. 31, 2025.
On Dec. 19, 2023, USDA announced it was delaying enforcement of the requirement and allowed hemp growers to use labs not registered with DEA through Dec. 31, 2024.
USDA is delaying enforcement of this requirement based on input received from state and tribal governments and third-party cannabis testing facilities that have experienced delays in completing the DEA laboratory registration process. Because of these setbacks in the completion of the DEA process, USDA is concerned there will be inadequate approved hemp laboratory testing capacity for the 2025 growing season. Laboratories testing hemp must comply with all other regulatory requirements.
Furthermore, potential market entrants and related industries are relying on USDA to provide guidance in their preparations for the 2025 growing season, and the Administrator finds there is good cause to exercise enforcement discretion without prior opportunity for notice and comment and to make it effective immediately. For the same reasons, the Administrator finds that even if this exercise of enforcement discretion were subject to the public participation provisions of the Administrative Procedures Act, there is good cause to proceed without notice and comment.
More information regarding testing requirements is available on the AMS Hemp Analytical Testing Laboratories webpage.
For questions concerning this notice, contact the U.S. Domestic Hemp Production Program, at farmbill.hemp@usda.gov or 1-888-721-HEMP.
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Federal Farm Bill Update
The “Miller Amendment” in the federal farm bill will be discussed in the US Senate and Congress. This amendment is not good and was passed through a congressional committee without any debate in a procedural move that lumped all amendments in one basket rather than individual vote on them. Not only is the language of the amendment a direct threat to cannabinoids, but the amendment could result in the death of an entire industry.
