United States: confusion reigns over the legality of hemp

Hemp may well be legal at the federal level in the United States, some states still prohibit its sale and, by extension, its transport within their borders. As if this ambiguity weren’t problematic enough for hemp farmers, the U.S. Drug Enforcement Administration (DEA) cannot distinguish between hemp and cannabis. It recently called on companies to participate in a field test that would allow for distinguishing between the two based on the legal THC threshold: 0.3%.

The Difficult Situation Facing American Hemp Farmers

The U.S. hemp market is booming, and according to recent estimates, it could reach $10 billion by 2025. Nevertheless, the current situation is extremely confusing, with conflicting laws at the federal and state levels. Many companies have had their drivers arrested and their cargo seized by local police—and sometimes even by federal agents—who mistake the product for THC-containing cannabis.

Last January, four men were transporting 9 metric tons of hemp in the state of Oklahoma were arrested and were then taken into custody after their shipment tested positive for THC. They spent a month in jail while the shipment was being analyzed. In Idaho, it was the same story: the state police filed 3 metric tons of hemp from the company Big Sky Scientific. She filed a complaint with the courts to recover her goods, but the local court ruled in favor of the police, finding that Idaho law does not permit any percentage of THC.

The U.S. Postal Service has also begun seizing shipments of hemp and CBD extracts. This time, the lawsuits have ruled in favor of the companies. At the same time, customs officials have begun seizing shipments, even though they have been allowing hemp imports from abroad for years. “The situation is frustrating on every level.» explains Mason Walker, a local hemp farmer. “Unfortunately, while the 2018 Farm Bill »It provided new guidelines, but it also caused a lot of confusion.".

The DEA wants a field test to distinguish cannabis from hemp

In a notice posted on the FedBizOpps.gov website, the DEA has called on companies to develop a field test capable of distinguishing hemp from cannabis. The federal legal limit is set at 0.3% of THC. «The field test must provide the means to distinguish between cannabis and hemp. It must be portable and robust enough to be used in a non-laboratory setting at room temperature,» the notice states.

However, with such a precise threshold, differentiation requires extremely sensitive instruments that are only available in laboratories. According to Rob McIntyre, CEO of Salvation Botanicals, a cannabis testing laboratory in Canada, it is difficult, if not impossible, under these conditions to guarantee the accuracy of the test. Companies that believe they can meet the criteria set by the DEA are asked to come forward by March 15.