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US hemp policy after the Farm Bill: debate over THC thresholds and USDA testing requirements
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Summary
Speakers at the Forensic Technology Center of Excellence webinar outlined how the 2014 and 2018 Farm Bills changed hemp law, described USDA testing and sampling rules that have raised industry concerns, and summarized regulatory and legislative pathways for changing the 0.3% THC threshold.
Josh Vickers, host of the Forensic Technology Center of Excellence webinar, introduced three expert presenters who laid out policy, laboratory, and forensic implications of hemp legalization.
Renee Johnson, an agricultural policy specialist at the Congressional Research Service, summarized congressional action in 2014 and 2018 that removed hemp from the statutory definition of marijuana and created a USDA‑administered hemp program. "Congress took further steps to remove hemp as defined in law from the definition of marijuana," Johnson said, noting that the change ended federal Schedule I status for hemp and placed cultivation under USDA oversight. She traced the statutory language to early proposals that adopted a 0.3% Delta‑9 THC threshold and said the level is widely regarded as having an arbitrary origin in comparative research, not a clear scientific basis.
Johnson described key elements of USDA’s interim regulatory framework that have concerned growers and industry groups: tests required within 15 days of anticipated harvest, required use of USDA‑approved and DEA‑registered labs, and test methods that account for conversion of THCA to Delta‑9 when calculating "total THC." She warned that some sampling provisions (for example, focusing on the top one‑third of the plant) may disadvantage growers producing fiber or seed rather than flowering material.
The CRS analyst also flagged alternatives and next steps: USDA could revise its interim rule based on public comments, or Congress could change the statutory THC threshold. "A lot of folks have commented that they would like the THC threshold to be raised to 1%, but it's my understanding that would be something that would be exclusively within the domain of the U.S. Congress," Johnson said.
Why it matters: the statutory threshold determines whether plant material is treated as hemp (subject to agricultural regulation) or as marijuana (subject to drug enforcement). The choice of threshold influences sampling rules, laboratory accreditation, interstate transport, and how law enforcement and forensic laboratories characterize seized material.
What remains unresolved: competition between FDA oversight of CBD products and USDA’s production rules; how states with differing thresholds (some discussion cited 1% in West Virginia) will coordinate with federal testing standards; and how USDA and DEA roles will interact in laboratory approval and evidence reporting.
Next step: stakeholders told attendees they expect USDA to continue to consider public comments to its interim rule, while some industry actors press Congress for statutory changes in or outside the next Farm Bill cycle.
