Industrial Hemp Association of WA

We are considering points raised by hemp researchers, cultivators and regulators. There are a few issues with the Interim Final Rule (IFR) which deserve careful attention from the United States Department of Agriculture. As it stands, the IFR presents undue burdens on farmers and regulators alike. Below are key areas of concern and concise, prudent solutions that we believe to be well-aligned with the Agricultural Improvement Act of 2018, of which the sole intention was to create a thriving American hemp economy. 

The most pervasive concerns heard from across nearly all phases of the hemp cultivation industry surround the fifteen day period for pre harvest compliance testing. Additionally, there are warranted concerns regarding what constitutes a significant “representative” sample when assessing compliance.

Under the Washington Department of Agriculture Industrial Hemp Pilot program, it was determined that the sample evaluation and analysis found that in a statistically significant number of “representative” samples that approximately 25-30% was flower and 70-75% was stem, leaf and stalk. Sampling from the top third of the plant is not representative of the whole plant and selecting only from the flowering and leaf material of the hemp plant is also not representative. The hemp grown in Washington this year was mainly for biomass. 

Solution: A whole plant homogenized representative sample of  25-30%  flower and 70-75% with stem, leaf and stalk.

USDA must understand that fifteen days is restrictive. In a perfect scenario, to sample material from every lot from a field, prepare said material to the degree that the sample can be tested on a dry weight basis, conduct compliance testing and release results will require more than fifteen days. Our state’s Hemp Legislation included a postharvest test for the 2020 season with a whole plant homogenized representative sample. Under the 2019 IHRP, we had a 30 day preharvest with a whole plant homogenized representative sample which proved a more reasonable time frame.

Solution: To accurately ensure compliance with the 0.3% THC testing requirement, a postharvest test is most appropriate. However a secondary choice is to simply extend the fifteen day sampling period to thirty days using a whole plant homogenized representative sample. This gives hemp growers a more reasonable amount of time to plan for harvest according to compliance test results. States should have the option to choose between a pre or post harvest test.