The Council on Governmental Relations (COGR), representing 188 research universities and affiliated institutions, submitted formal comments on the USDA’s Interim Final Rule (IFR) for establishing a U.S. domestic hemp production program. The letter acknowledges USDA’s efforts to clarify the legal status of hemp transportation and commerce but highlights several regulatory concerns adversely affecting academic research. COGR requests that USDA regulations differentiate between requirements for commercial hemp cultivation versus research-focused activities, suggesting that states be permitted to adopt research-friendly rules or provide exemptions for universities.
Key issues raised include the impracticality of the 15-day pre-harvest THC testing window mandated by the IFR, which conflicts with state regulations and logistical constraints due to the scarcity of DEA-registered laboratories. COGR also notes barriers caused by regulations limiting laboratory testing to schedule 1 license holders, potentially precluding academic institutions from compliant testing. Furthermore, the letter contends that classifying hemp crops with THC levels at or above 0.5% as “negligent” is excessively punitive, given inherent variabilities in plant genetics and testing methodologies. COGR recommends relaxing criminal penalties and adjusting standards to reflect practical realities in both scientific research and hemp cultivation. The letter concludes by expressing willingness for continued dialogue with USDA to develop more balanced and workable hemp regulations.
