I am sure everyone working in the hemp industry in the US knows about the 2018 Farm Bill passage with hemp provisions included. One thing I have not seen anyone address is the closing of the loophole about THC vs. delta-9-THC.
In the 2014 Bill, no distinction to test for total THC, rather than only delta-9-THC, was included in the wording of that law. The 2018 bill specifies that compliance testing must be done "postdecarboxylation or other similarly reliable methods," indicating there is no wiggle room for only claiming delta-9-THC and ignoring THCa for compliance.
In my opinion this will radically alter the emerging trimmed flower market, as nearly all trimmed flower on the market tests above 0.3% delta-9-THC postdecarb (all tests I have seen for Oregon CBD's varieties have been above 0.3 delta-9-THC if calculated for post decarb, for instance; Charlotte's Web, AC/DC, Cherrywine, ect. are all in the same boat). Untrimmed biomass for extract probably will be fine, even with varieties that would test hot as trimmed flower.
IMO, either: (1) exceptional ratio varieties must emerge to continue the seed-grown trimmed flower market; (2) only elite ratio clones will be able to be cropped for trimmed flower (3) varieties with lower total cannabinoids, but similar ratios, will replace higher CBD flower in order to remain legally compliant for THC; (4) we successfully lobby for a higher THC limit.
Please share your thoughts. I am really trying to figure this out and am unclear why no one in the industry is talking about it.
2018 Farm Bill full text:
pg 429 is where the Hemp section (10113) starts.
most relevant excerpts:
(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
...(ii) a procedure for testing, using postdecarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;