The 2018 Federal Farm Bill (Farm Bill) significantly changed federal regulation of the growing of hemp in the United States. In the Farm Bill, hemp was removed from the Federal list of controlled substances. The bill defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” Total Potential Delta 9-THC = Delta 9-THC +(Delta 9-THCa x (0.877)).
As a result, New York State’s Industrial Hemp Research Pilot Program has been replaced with a new program approved by the United States Department of Agriculture (USDA) as provided for in the Farm Bill and related regulations.
The new plan, which can be found on the USDA's website, includes new guidelines for growers, including sampling and testing requirements.
All THC testing facilities must apply to be included on the Department’s list of Identified Hemp Testing Laboratories in order to conduct regulatory THC testing for growers in this program.
Find out more in the guidance document below.
Those seeking to become an Identified Hemp Testing Laboratory must apply and be approved by the Department. The steps to apply are as follows.
- Submit a completed application. There is not a fee for this application.
The application document is a fillable pdf, but it and all accompanying documents must be printed and mailed to the Department in hardcopy.
- The Department will review the complete application to ensure it complies with all program requirements.
- Once the Department’s review is complete, the THC testing facility will be notified of the outcome.
- If the application is approved, the Department will add the THC testing facility to the list of Identified Hemp Testing Laboratories on the Department’s website. The identification is good for three years.
Each application must include:
- the laboratory’s name, address, phone number, and email address,
- an ISO 17025 Certification number,
- after December 31, 2023, a DEA Certification number, and
- the acceptance of all listed laboratory requirements such as:
- using post-decarboxylation or other similarly reliable methods approved by the USDA that considers the potential conversion of THCA into THC,
- reporting all regulatory tests with the total THC amount,
- reporting a measurement of uncertainty (MU) for each test result,
- having an effective disposal procedure for all non-compliant samples, and
- agreeing to report all regulatory test results to the Department and the USDA.
Disqualifying factors may include but are not limited to:
- failing to have an ISO 17025 Certification,
- failing to be DEA Certified after December 31, 2023, and/or
- failing to acknowledge and accept all laboratory requirements.