Tips
for Preventing Your Hemp Crops from Testing Above the Legal THC Limit
Note:
This information is for educational purposes only and should not be
considered legal advice. Hemp Traders is not a law firm. Laws and
regulations regarding industrial hemp vary by state, and in some
cases, by county. Additionally, interpretations and enforcement by
federal, state, and county agricultural authorities may differ.
Federal
and state laws require industrial hemp crops to be tested for THC
levels before harvest. However, the definition of "harvest"
can be subject to interpretation. Generally, "harvest"
means collecting and removing crops from the field, rather than
simply cutting them down. Understanding this distinction is crucial
for compliance.
While
our hemp seeds have been tested to ensure THC levels remain at or
below the 0.3% legal threshold, they are not certified. These seeds
are cultivated in diverse environments across China, leading to
natural genetic variations that may cause some plants to exceed the
THC limit at different growth stages. Below are strategies to help
prevent your hemp crop from exceeding THC limits and steps to take if
your crop does test above the threshold.
Planning
Obtain
written copies of the specific regulations governing hemp
cultivation in your state and county.
Develop
a strong understanding of these regulations and establish a
relationship with your local agricultural authorities.
Keep
in mind that regulatory enforcement can vary—some officials may be
more cooperative in helping farmers comply, while others may
strictly adhere to the law.
Understand
the cannabinoid development cycle: THC levels are lowest in young
plants, peak as female flowers mature, and decrease as seeds develop
and the plant ages. Proper planning of testing and harvesting
schedules can help mitigate compliance risks.
Pre-Harvest
Strategies
For
fiber production, hemp should be harvested just before flowering.
Since
hemp is a dioecious crop, male flowers typically appear about two
weeks before female flowers. Because female flowers contain the
highest cannabinoid concentrations, monitoring THC levels before
flowering is essential.
Conduct
private THC tests at least four weeks before male flowering to
identify any potential concerns.
Official
state-mandated tests should be strategically timed. If early testing
reveals rising THC levels, consider conducting the official test
sooner to prevent the crop from exceeding the legal threshold.
Some
regulations require harvesting within a specific timeframe after
testing. However, factors such as weather, labor availability, and
equipment readiness can cause delays. Regulatory enforcement on
exact harvest dates varies, so understanding the rules and working
within the system can help avoid unnecessary losses. A later harvest
may not be noticed or present problems with the regulators.
What
to Do If Your Crop Tests Above the THC Limit
If
your hemp crop exceeds the allowable THC limit, consider the
following steps:
Request
a Retest
– Because the plants are not certified, genetic variation can lead
to discrepancies in THC levels across the field. If one test yields
a high result, another test may provide a compliant reading.
Review
Testing Parameters
– Many tests report results within a margin of error. If the
result is near the legal limit, the inclusion of test variability
could bring the THC level within compliance.
Cut
and Ret Hemp in the Field
– If regulations do not explicitly state that testing must occur before cutting, you may be able to leave cut plants in the field for retting. THC levels decline rapidly during retting, potentially bringing the crop into compliance after a few days. Therefore it is possible to cut the hemp and let it ret prior to testing. Harvesting would technically happen only when the plants are removed from the field. Understanding regulatory definitions and maintaining open communication with regulators can be beneficial in this scenario.
Wait
for Natural THC Reduction
– If the law mandates testing before cutting, consider allowing
the plants to mature further. Over time, THC levels typically
decrease, though fiber quality may degrade. This approach is
preferable to outright crop destruction.
Conclusion
Successfully
navigating the complex and evolving regulations surrounding
industrial hemp cultivation requires thorough planning, knowledge of
local laws, and proactive engagement with regulators. By taking
strategic steps, farmers can maximize yields while minimizing
compliance risks.
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