Implementation January 1, 2022 - Tennessee becoming USDA compliant with the 2018 Farm Bill Final Rule:
- Total THC includes THCA and Delta-9
AMS requires that the total THC, which includes the potential conversion of tetrahydrocannabinolic acid (THCA) into THC, be reported and used for purposes of determining the THC content of a hemp sample.
Compliance stands at .3% Total THC
- The terminology for a grower / cultivator is now Producer.
All producers will be sampled and inspected at least once in 2022. Inspections will continue to be done by TDA inspectors at no charge throughout the coming year.
- Performance Based Sampling included in submitted state plan. A way to carve out different groups within the industry and adapt the sampling program to growers. More information on the
USDA website and
TN Dept. of Agriculture website.
- Every growing area/lot/variety sampled and tested. One variety per grow area. I.i., If 3 varieties -> 3 grow areas -> 3 tests.
- Negligent threshold for total THC is moved up to 1.0% (from 0.5%).
- Current Criminal History Report (within 60 days) required with application.
- Incorporation Registration / Business required with application.
- Propagator or Broker license required. A propagator is someone who develops and sells seeds and/or clones. A Broker is someone who arranges transactions between a buyer and seller for a commission when the deal is executed.
License required for both. In the case of a business that does multiple activities, the license required is the activity that brings in the majority income.
- THC compliance testing window is expanded to 30 days (from 15).
- Alternative hemp disposal and remediation guidelines are allowed.
- States are given flexibility in sampling procedure and programs, including seed certification, BUT USDA will not certify seeds or genetics.
- Testing at DEA labs requirement suspended until Dec. 31, 2022. Continuing to contract with a private 3 rd party sampling company, AgWin/HATS/Axios to conduct all sampling by USDA guidelines. The fee is $260, subject to change.
- Tribal Authority to regulate hemp.
- Performance based protocols to allow research programs greater flexibility.
If you have any questions - please contact:
