The U.S. Department of Agriculture (USDA) has announced a one-year delay in enforcing a rule requiring hemp products sold in the United States to be tested by labs registered with the Drug Enforcement Administration (DEA). This marks the third consecutive year the USDA has postponed the enforcement of the regulation, which was initially set to take effect in 2021.
Due to challenges faced by state and tribal governments, as well as third-party cannabis testing facilities, in completing the DEA laboratory registration process, the USDA has decided to extend the delay. Hemp product manufacturers are now allowed to use any third-party laboratory, regardless of DEA registration, for product testing until December 31, 2025.
The USDA’s decision comes after receiving feedback highlighting delays in the DEA registration process, which could result in insufficient approved hemp laboratory testing capacity ahead of the 2025 growing season. In its statement, the USDA expressed concerns over the potential lack of readiness for full enforcement of the rule.
The hemp industry has seen significant growth since industrial hemp was legalized in the U.S. under the 2018 federal Farm Bill. However, despite the expanding market, the federal government has yet to fully address key regulatory aspects of the sector.
The continued delay in enforcement is a critical issue for hemp product makers, but it offers them more time to adjust to the regulatory landscape. Industry stakeholders hope that the USDA’s decision will allow for better preparation and more comprehensive testing infrastructure ahead of the 2025 season.
