Adam Trenk, Rose Law Group partner and director of Cannabis and Hemp Depts., and attorney Jonathan Udell, talk missed opportunity for USDA Hemp Rule in Arizona Cannabis News

By Adam Trenk and Jonathan Udell | Arizona Cannabis News

“I only feel angry when I see waste,” Mother Teresa once said. While fondness for cannabis sativa L. may not have been one of the Saint’s known proclivities, an analysis of the USDA’s Interim Final Rule shows it will undoubtedly cause the widespread waste she disdained. Meanwhile, Arizona and other new growing regions stand to suffer the brunt of the rule’s impact. Because the most commonly voiced complaints about the regulation concern its testing and “disposal” provisions, this article will focus on those issues.

Although Plant’s Legality Turns on Delta-9 THC, Rule Tests “Total THC”

As a result of the 2018 Farm Bill, “hemp” is not a controlled substance in America. And whether a cannabis plant qualifies as “hemp” turns on its Delta-9 THC concentration, which must test at or below 0.3%. Hence, cannabis is not a controlled substance under federal law if its Delta-9 THC concentration is less than 0.3%.