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The United States Department of Agriculture’s Agricultural Marketing Service (USDA-AMS) published its final rule establishing the Domestic Hemp Production Program on January 19, 2021, effective March 22, 2021. The final rule supersedes the interim regulations issued by USDA on October 31, 2019, in response to the 2018 Farm Bill, which directed USDA to establish a national regulatory framework for hemp production in the United States.
Given the final rule’s timing, it is likely that it will be subject to a regulatory freeze on the first day of the Biden Administration, January 20, 2021. This freeze may provide additional opportunities for stakeholders to work with the new administration on issues with the Domestic Hemp Production Program.