Hemp was made legal across the United States with passage of the 2018 Farm Bill. Lawmakers included a provision requiring that all hemp growers have their products tested at USDA-approved labs. But the provision has yet to be enforced. Now it appears that the Feds still won’t be prepared to enforce it through 2025.

The USDA simply doesn’t have the resources to certify an adequate number of private labs. There are no resources to set up additional government labs, either. So for now, the status quo continues. Growers are expected to voluntarily test their products for THC content. If any plants exceed the legally allowed threshold, they are expected to destroy the plants in question.

Why Testing Is Necessary

Supporters of federal hemp testing often cite safety and quality concerns. Such concerns are certainly legitimate. But when push comes to shove, testing is really about THC content. THC content is the dividing line that separates hemp from marijuana.

The operators of the Salt Lake City dispensary Beehive Farmacy explain that both hemp and marijuana are varieties of cannabis. So when people speak of medical cannabis, they are really referring to medical marijuana. The big question is what actually makes the difference?

According to federal law, a cannabis plant must contain no more than 0.3% THC by volume in order to be considered hemp. Such a small amount of THC all but eliminates the possibility of getting high while using hemp.

Likewise, plants with more than 0.3% are classified as marijuana under the law. Elevated volumes of THC are responsible for producing the euphoric feelings marijuana is known for. Remember that hemp is legal under federal law well marijuana remains illegal. Thus, the need for testing.

Hemp as a Medicine

The federal government’s standards for hemp and marijuana raise an interesting question: does medical cannabis include some hemp products? Given that both hemp and marijuana are varieties of cannabis, it is a legitimate question. Maybe some medical conditions don’t require THC for symptom relief. Maybe hemp’s primary cannabinoid, CBD, can provide some measure of relief.

Based exclusively on my own personal experience, I would say ‘yes’. I use a CBD pain relief cream to address arthritis in my shoulder. It works as well, if not better, than traditional arthritis creams. I consider the cream a medical cannabis product even though it contains no THC and I don’t need a medical cannabis card to purchase it.

If you have followed the CBD craze, you are aware that CBD proponents suggest it as a ‘medicine’ for all sorts of ailments. Whether or not all the claims of CBD’s medical benefits are true is a matter of debate. But at least for some of us, the pain relief experienced with CBD is undeniable.

USDA Certification Isn’t Necessary

The hemp industry has done just fine without federally mandated USDA testing over the last six years. Growers and processors do what is expected of them because the consequences of getting it wrong are too steep. As I see it, private hemp testing is not broken. It does not need fixing.

Is it really necessary to add another layer of regulation by way of mandated USDA testing? If I were in charge, I would scrap the provision mandating USDA-certified testing while continuing to be strict about enforcement. Let growers and processors continue to be responsible for themselves but punish them when they do not follow the law.

Who knows if the testing mandate will ever be enforced? I’m guessing not. And if I am right, that will ultimately be a good thing for the industry.