How Is Hemp Sampled and Tested under 7 CFR Part 990?

Hemp must be sampled within 30 days before harvest and tested for total delta-9 THC under 7 CFR Part 990, and AMS has announced that it is delaying, until December 31, 2026, enforcement of the requirement that the testing be done by a DEA-registered laboratory (7 CFR 990.3 and AMS hemp page).

Sampling. Samples must be collected within 30 days before the anticipated harvest by a sampling agent. Producers may not collect samples from their own growing facilities, and the crop may not be harvested before samples are taken (7 CFR 990.3(a)(2)).

Testing standard. A laboratory must report the total delta-9 THC concentration on a dry weight basis together with the measurement of uncertainty (7 CFR 990.1). A sample is within the acceptable hemp THC level when applying the measurement of uncertainty to the result produces a range that includes 0.3 percent or less (7 CFR 990.1). Laboratory methods must meet the quality assurance and validation standards in 7 CFR 990.25.

Non-compliant plants. Plants above the acceptable level are marijuana under the Controlled Substances Act. Producers must dispose of them through a DEA-registered reverse distributor or law enforcement, or on site, or remediate them, and must notify USDA and document the result (7 CFR 990.27).

Laboratory registration. AMS announced on its hemp page that it is delaying enforcement of the DEA-registered laboratory requirement until December 31, 2026 (AMS hemp page). The FAQ on certified laboratories for drug testing explains a separate certification system used for workplace drug tests.

Workplace testing is different. Crop THC testing measures the plant. Workplace drug tests measure drug metabolites in a person's specimen against cutoff levels, as described in the FAQ on SAMHSA cutoff levels. A grower's crop test result does not affect how an employee's test is read.

Definition change. Public Law 119-37 moves the statutory hemp definition to total THC including THCA, but Public Law 119-103, Division B, section 2019, provides that until December 11, 2026, the change applies only to the synthetic cannabinoid exclusions. Part 990 states its testing standard in terms of total delta-9 THC (7 CFR 990.1). The FAQ on the federal hemp definition covers the schedule.