Hemp Growers Given Alternative to Mandatory Destruction of Non-Compliant Crop

Amended and final rules for the cultivation and harvest of industrial hemp have been issued by the United States Department of Agriculture [USDA].

The revised rules are favorable, less restrictive, for growers and seed producers in several ways — probably the single most important and financially significant revision being that regarding disposition of non-compliant crops.

Change on the horizon
Photo by Katlyn Boone on Unsplash

A change enacted by the USDA for the disposal of non-compliant industrial hemp crops, crops that are ready for harvest but test at greater than 0.3% THC, is the addition of remediation as an alternative to a complete destruction of a crop.

Under the new rules, remediation can be conducted by removing and destroying flower material while retaining stalk, stems, leaf material, and seeds.  Remediation can also be performed by shredding the entire hemp plant into a biomass like material, then re-testing the shredded biomass material for compliance.

In order for growers and producers to utilize the Federal changes, however, certain 2019 and 2020 Louisiana laws and regulations must be amended.  Fortunately, the Louisiana legislature begins its 2021 session on April 12th.

Once the changes to the laws and regulations have been completed, the Louisiana Department of Agriculture and Forestry [LDAF] must submit a revised State Plan to the USDA, which LDAF will surely do.  Ahead of the curve, as early on as October 2019, LDAF sought authority to permit remediation as an alternative to mandatory destruction of "hot" crops by growers, but was denied by USDA at time.

Allowing growers and seed producers a means by which to salvage and convert a non-compliant industrial hemp crop into compliant plant material, marketable product or commodity, provides the opportunity to minimize what otherwise might be a total financial loss and, in some instances, produce a return on investment.  Remediation is also a boon for processors whose exitance and success is dependent on availability of product, be it hemp flower/buds, grain or fiber biomass.

More information and further reading on Louisiana’s Industrial Hemp Program

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Disclaimer: This blog does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact an attorney directly.