To make matters worse, different states apply different standards to enforce the law. For example, Kentucky uses only THC (8), while Oregon uses total THC (9). I recently heard that New York State has switched from using total THC to THC to regulate this year`s hemp harvest. This means that hemp growers are subject to different regulations in different states. Thus, a harvest may be considered legal in one state, while the same harvest may be considered illegal in another. This is an example of hemp testing madness. Jason Waggoner, vice president and general manager of EcoGen Biosciences, a leading vertically integrated CBD wholesaler and supplier in the U.S., had a similar view on the USDA`s role in the legal definition of hemp. For example, if a hemp sample has Δ9-THC concentrations of 0.10% and THCA concentrations of 0.20%, the „total THC“ is 0.10%+ (0.20% x 87.70%) = 0.28%. In the overall view of THC, this sample is compliant.
However, a sample with the same Δ9-THC concentrations of 0.10% and the same THCA concentrations of 0.30% is not compliant because it has „total THC“ concentrations of 0.10% + (0.30% x 87.70%) = 0.36%. In this second example, neither the Δ9-THC content nor the THCA content exceeds 0.3%; Taken together, however, they (slightly) exceed the legal limit of 0.3%. Therefore, the sample is illegal „hot“ hemp. The 2018 Farm Bill, which gives the USDA the authority to produce hemp domestically and provides the USDA with a framework of requirements, removes hemp from Schedule I of the Controlled Substances Act and lists hemp as a Cannabis sativa L plant. or any part of that plant, including seeds, derivatives and extracts, whose THC concentration does not exceed 0.3% by dry weight. a USDA spokesperson told Hemp Grower. This means that the THC concentration limit for hemp was established by law and is not a requirement that can be changed by regulation, but would require congressional action. Becerra succeeded current Vice President Kamala Harris as California`s attorney general in 2017 after Harris was elected to the Senate. As the Golden State`s top cop, he`s offering a mixed bag of cannabis: as recently as October 2020, his California Department of Justice issued press releases touting the destruction of more than 1 million marijuana plants and talking about the dangers of illegal growers.
His office frequently mentions the public safety and environmental threats posed by these underground companies and often shares statistics on the number of people arrested in the state each year. While the 0.3 percent increase in the legal limit was not in the hands of the USDA, the final rule added some stability to the hemp industry by providing for several improvements based on comments on the preliminary final rule (IFR), said Eric Steenstra, president of Vote Hemp, a Washington-based advocacy group. After marijuana was legalized in the country, the number of moderately injured drivers in car crashes and above the legal THC limit doubled from less than 4 percent to 8.6 percent. The percentage of injured drivers above the legal limit for alcohol has not changed. „The drivers we are most concerned about are those with higher concentrations,“ he said. His new study found that the number of moderately injured drivers with THC concentrations above 5 nanograms per milliliter fell from 1.1 percent before cannabis legalization to 3 percent after legalization. This 0.5 mg limit is a significant change because determining the amount of THC in milligrams (weight) in a hemp product or commodity is different from using the total percentage of THC contained in the product. Ensuring that a finished hemp product contains no more than 0.3% total THC is no longer the only „THC limit“ imposed by states that regulate these products. Over the past year, the hemp industry has seen a growing number of state regulators propose and implement „THC in milligrams“ limits. „If the THC concentration exceeds the legal limit of 0.3% dry weight, the culture must be destroyed.“ This can cause headaches when growers and processors try to determine exactly how much THC is in their crop, compared to how much they are legally allowed to have. Read below for a deep dive into THC and other important terms used to ensure compliance.
The hemp industry is still relatively young, and those working in this new sector will have to navigate recently drafted regulations with unique and unfamiliar legalese. At the federal level, it`s a legal culture, but each state treats it differently, and definitions of what`s legal and what`s not or required for compliance can vary from state to state. This suggests that there is support for increasing the THC limit by industry, politics and the public. You may want to keep an eye on this movement! When hemp is tested „hot“ above the 0.3% THC limit, the final rule gave producers additional options for disposal beyond the complete destruction stipulated in the IFR. A THC threshold can be helpful for several reasons. As you`ve probably noticed, people have many different views on the benefits of THC and CBD, as well as whether or not they should be legal and how. Heck, they don`t even seem to agree on how to relate to plants! Although cannabis use is associated with cognitive and motor impairment, Dr. Godfrey Pearlson, a professor of psychiatry and neuroscience at Yale University, warned that legal limits on THC — which range from 0 to 5 nanograms per milliliter of blood, depending on the state — are „very vague concepts for which there is very little evidence.“ Many other grow lighting companies are still looking to make and sell lamps that can grow anything. Cannabis needs a lot of light and many businesses and even growers don`t bring enough light into commercial facilities.
Many cannabis growers never thought LED technology would ever get there, but the power that comes from Fohse lights is crazy. Fohse Lighting allows the grower to focus on plant health, and our yields show that. With Fohse LEDs that exceed HPS, you can really push the boundaries of your growth. These THC milligram limits reflect the need for a more nuanced approach to regulating hemp products, particularly hemp-derived THC products, which have intoxicating effects and have remained largely unregulated. What`s more, these rules show that state regulators are once again taking the lead in resolving federal ambiguities surrounding hemp, which, while necessary to avert a public health crisis, are sure to tighten the confusing regulatory framework for hemp products. The legal framework for the 0.3% THC limit was established in the 2018 and 2014 agricultural laws. With that in mind, it wasn`t surprising that 0.3 percent remains the legal limit for hemp in the USDA`s final rule, says Joy Beckerman, director of Hemp Ace International, which provides professional hemp advice, legal support and expert services. Especially for testing hemp cultivation in fields, raising the legal limit would hurt both international trade and farmers` economic stability, Beckerman says. For example, Canada and the European Union both have legal THC limits of 0.3%. THC is the psychoactive cannabinoid in cannabis that produces the „high“ associated with marijuana. Although this compound was mainly grown from hemp plants, traces can still be found.
When hemp was legalized by the Farm Bill in 2018, the bill stipulated that to be considered hemp, plants must contain no more than 0.3% THC. For alcohol, the limit is uniform: a blood alcohol level greater than 0.08%. But there is no standard limit for THC, the psychoactive compound in marijuana. And even in places where a limit is introduced, it`s not clear whether exceeding the limit is a deficiency, experts say. What`s more, THCA can be converted to THC at room temperature at a known rate (7). There are marijuana strains that contain more than 20% THCA and less than 0.3% THC. A strict interpretation of the law means that this material can legally be considered hemp and can be sold and transported in the United States. Of course, if the smoked material contains more than 20% THCA, it will be very intoxicating.
I doubt that this is the intention of the U.S. Congress to legalize high-THCA marijuana nationwide.