USDA Hemp THC Compliance Readiness for Licensed Producers
Sample inside the pre-harvest window, read total THC with its uncertainty, and handle over-limit lots through the permitted routes.
In Short
- Sample within 30 days of harvest.
- Uncertainty is part of the result.
- Definition changes 12 Nov 2026.
The Cannabis and Hemp Guide
Authorised inputs. Tested batches. Packs that meet your market's rules.
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We ask for your name and email so we can handle this request. The full guide then opens on this site, ready to translate, print or save. Privacy policy. Practical orientation, not legal advice; your quality unit decides which rules apply.
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The Cannabis and Hemp Guide
Authorised inputs. Tested batches. Packs that meet your market's rules.
7 CFR Part 990 sets the Domestic Hemp Production Program: State, Tribal and USDA plans, pre-harvest sampling, total THC testing and handling of crops above the limit. This guide is for licensed producers and the processors who buy from them. It is orientation, not legal advice; State and Tribal plans can add requirements. Sources checked 4 Oct 2026.
A definition change is coming
Congress amended the statutory definition of hemp in the FY2026 Agriculture Appropriations Act (P.L. 119-37, Division B), enacted 12 November 2025.
More on a definition change is coming
Congressional Research Service reports state the change is scheduled to take effect on 12 November 2026. This guide describes the eCFR text of Part 990 as current to 1 October 2026; it does not restate the new definition. Read the enacted text and USDA guidance before relying on any plan, label or contract that depends on what counts as hemp after that date.
Sampling Before Harvest
Part 990 requires samples to be taken within 30 days before the anticipated harvest for total delta-9 THC testing, collected by a sampling agent; producers may not sample their own growing facilities. Samples come from the flowering tops, about five to eight inches from the main stem, terminal bud or central cola, by a method sufficient at a 95 percent confidence level.
More on sampling Before Harvest
Plan harvest dates with the sampling window in view, and record who sampled which lot and when.
Total THC and Measurement Uncertainty
The laboratory must report total delta-9 THC on a dry weight basis together with its measurement of uncertainty. Under the acceptable hemp THC level definition in 990.1, the result is assessed with that uncertainty applied, so the uncertainty value matters as much as the headline figure.
Worked Example: Lot H-31 Results
| Item | Value |
|---|---|
| Total THC, dry weight | Reported by lab |
| Measurement uncertainty | Reported by lab |
| Assessment | Per 990.1 definition |
| Decision | Recorded by compliance lead |
- Total THC, dry weight
- Value
- Reported by lab
- Measurement uncertainty
- Value
- Reported by lab
- Assessment
- Value
- Per 990.1 definition
- Decision
- Value
- Recorded by compliance lead
More on total THC and Measurement Uncertainty
Keep the certificate of analysis linked to the lot it describes. Laboratory requirements, including registration, are set in Part 990 and by USDA; check current USDA notices before choosing a laboratory.
When a lot is over the limit
Section 990.27 states that plants exceeding the acceptable hemp THC level are marijuana under the Controlled Substances Act. The producer must dispose of them through a DEA-registered reverse distributor or law enforcement, or ensure disposal on site, or remediate where the plan allows, with resampling and retesting after remediation.
Over-limit lot (990.27)
More on when a lot is over the limit
The producer notifies USDA and verifies disposal or remediation with the required documentation. A named person decides the route and signs the record; the lot stays separated until then.
Records, Reports and Audits
Approved State and Tribal plans report producer information to USDA by the first of each month under 990.3, and USDA licensees may be audited under 990.28. Plans set their own record periods, so check yours.
Common gap. A test result that cannot be matched to the field lot it came from.
More on records, Reports and Audits
Keep a lot file from planting area through sampling, result, harvest and sale or disposal, so an auditor or a buyer can follow it.
Questions
When must hemp be sampled?
Within 30 days before the anticipated harvest, by a sampling agent, under 7 CFR Part 990.
Why does measurement uncertainty matter?
The acceptable hemp THC level is judged with the laboratory's measurement of uncertainty applied to the total THC result.
Is the hemp definition changing?
Yes. CRS reports a statutory change enacted in November 2025 and scheduled to take effect on 12 November 2026. Read the enacted law and USDA guidance.
Where does V5 fit?
V5 keeps lot records, test results, holds placed by your staff and dispositions linked from intake to shipment. Your compliance lead decides disposal or remediation and reports to the regulator.
Practical orientation, not legal advice. Rules differ by jurisdiction; your quality and compliance team decides what applies.
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