Summary

Raises the federal THC threshold that defines hemp from 0.3% to 1% delta-9 THC by dry weight. It requires people transporting hemp to carry either a valid license/authorization or a laboratory certificate showing the product’s delta-9 THC does not exceed 1% and directs USDA to revise its hemp regulations within 90 days of enactment without the usual notice-and-comment rulemaking. The change updates federal and state plan language under the Agricultural Marketing Act of 1946, affects growers, processors, transporters, testing labs, and regulators, and shortens the regulatory timeline by allowing immediate administrative revisions to 7 C.F.R. part 990 rather than following the standard public rulemaking process.

Key Points

• Raises the federal delta-9 THC limit for hemp from 0.3% to 1% by dry weight.
• Requires transporters of hemp to carry a license/authorization or a lab certificate proving delta-9 THC ≤ 1%.
• Directs USDA to update hemp regulations (7 C.F.R. part 990) within 90 days of enactment.
• USDA must revise regulations without the usual notice-and-comment rulemaking process.
• Amends federal and State plan language under the Agricultural Marketing Act of 1946 to reflect the new THC limit.
• Will increase reliance on laboratory testing and documentation across the hemp supply chain.
• May create regulatory or legal challenges because it short-circuits the normal public rulemaking process.
• Primarily alters statutory/regulatory definitions and compliance requirements rather than creating new spending or tax provisions.

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