The U.S. Department of Agriculture (USDA) is delaying enforcement of the requirement for hemp produced under the USDA Domestic Hemp Production Program to be tested by laboratories registered with the Drug Enforcement Administration (DEA). Due to inadequate DEA-registered laboratory testing capacity, testing can be conducted by labs that are not DEA-registered until Dec. 31, 2025.
On Dec. 19, 2023, USDA announced it was delaying enforcement of the requirement and allowed hemp growers to use labs not registered with DEA through Dec. 31, 2024.
USDA is delaying enforcement of this requirement based on input received from state and tribal governments and third-party cannabis testing facilities that have experienced delays in completing the DEA laboratory registration process. Because of these setbacks in the completion of the DEA process, USDA is concerned there will be inadequate approved hemp laboratory testing capacity for the 2025 growing season. Laboratories testing hemp must comply with all other regulatory requirements.
Furthermore, potential market entrants and related industries are relying on USDA to provide guidance in their preparations for the 2025 growing season, and the Administrator finds there is good cause to exercise enforcement discretion without prior opportunity for notice and comment and to make it effective immediately. For the same reasons, the Administrator finds that even if this exercise of enforcement discretion was subject to the public participation provisions of the Administrative Procedures Act, there is good cause to proceed without notice and comment.