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USDA/AMS RIN: 0581-AD82 Publication ID: Fall 2020 
Title: Establishment of a Domestic Hemp Production Program 

This action will initiate a new part 990 establishing rules and regulations for the domestic production of hemp. This action is required to implement provisions of the Agriculture Improvement Act of 2018 (Farm Bill).

Agency: Department of Agriculture(USDA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 7 CFR 990   
Legal Authority: 7 U.S.C. 1621   
Legal Deadline:  None

Statement of Need:

The new program will: approve State, and Indian Tribe plans for commercial hemp production; collect information regarding the land on which hemp is produced and licensed producers; test levels of delta-9 tetrahydrocannabinol; provide for disposal of plants and products that do not meet necessary requirements; and ensure compliance with the requirements of the new part.

Summary of the Legal Basis:

The provisions of the Farm Bill require the Department of Agriculture (USDA) to approve plans submitted by States and Indian Tribes for the commercial production of hemp. It also requires USDA to issue regulations and guidance to implement a program for States or Tribal governments that do not have a USDA approved plan.


The actions in this rule are mandated by the 2018 Farm Bill, which enables States, Tribes, and USDA to establish rules and regulations for the domestic production of hemp. The statute requires USDA to develop criteria for approval of plans submitted by State and Tribal governments for regulation of domestic hemp production. If no State or Tribal Plan has been approved, then hemp producers in these States or Tribes may utilize the plan developed by USDA.

Other policy alternatives are discussed in the rulemaking.

Anticipated Costs and Benefits:

The 2018 Farm Bill grants authorization for production of hemp to all States and Indian Tribes, unless prohibited by State or Tribal Law. This rule enables States, Tribes, and USDA to regulate this authorization. This rule is expected to generate benefits and costs to hemp producers and State departments of agriculture and Tribal governments. The benefits of this rule are expected to outweigh the costs, however, and the burden on the impacted entities is anticipated to be minimal.


Without this rulemaking, USDA would not be in compliance with the Agriculture Improvement Act of 2018, section 10113.


Action Date FR Cite
Interim Final Rule  10/31/2019  84 FR 58522   
Interim Final Rule Effective-10/31/2019 thru 11/01/2021  10/31/2019 
Comment Period Extended  12/18/2019  84 FR 69295   
Comment Period End  01/29/2020 
Reopening of Comment Period  09/08/2020  85 FR 55363   
Reopening of Comment Period End  10/08/2020 
Final Rule  02/00/2021 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Organizations  Federalism: Yes 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Sonia Jimenez
Deputy Administrator, Specialty Crops Program
Department of Agriculture
Agricultural Marketing Service
Room 2535, 14th and Independence Avenue SW, South Building,
Washington, DC 20050-6456
Phone:202 720-4722