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Short answer: In the United States, hemp production is the growing of Cannabis sativa L. under a federal framework (7 CFR Part 990) in which a State, Tribal or USDA plan licenses producers, a sampling agent collects pre-harvest samples, and a DEA-registered laboratory reports total THC. A crop is acceptable only if total delta-9 THC on a dry-weight basis is not more than 0.3%, after measurement uncertainty is applied.
This page is general regulatory information for laboratory, compliance and supply staff. It is not legal advice, and it does not cover agronomy, markets or product claims.
Definition and scope
Federal law defines hemp as the plant species Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis (7 U.S.C. 1639o, enacted by Pub. L. 115-334, title X, section 10113, on 20 December 2018). The USDA rule in 7 CFR 990.1 applies the same ceiling but measures total THC: the value after decarboxylation or by a conversion factor, so that THCA counts alongside delta-9 THC.
The statute also provides that it does not prohibit the interstate commerce of hemp and that States and Tribes may not prohibit transport or shipment of hemp produced under the subtitle (section 10114).
The statute page also notes that a 2025 amendment (Pub. L. 119-37) rewrites the hemp definition, effective 365 days after 12 November 2025, using a total tetrahydrocannabinols measure that includes THCA rather than delta-9 THC alone. Check the current text of 7 U.S.C. 1639o before relying on any threshold after that date.
How production is regulated from field to lab test
7 CFR Part 990 (published at 86 FR 5680, 19 January 2021) is organised as Subpart A definitions, Subpart B State and Tribal plans, Subpart C the USDA plan, Subpart D appeals, Subpart E administrative provisions and Subpart F reporting. The sequence below follows section 990.3 for State and Tribal plans.
- Producer information. The plan must collect and report producer details, including a legal description of the land.
- Pre-harvest sampling. Samples are collected within 30 days before the anticipated harvest by a sampling agent. Producers may not sample their own facilities.
- Testing. Laboratories testing for total THC must meet the listed requirements. After 31 December 2022, only laboratories registered with the DEA may conduct this testing.
- Disposal and remediation. The plan must include a procedure for crops that exceed the acceptable level.
- Oversight. The plan must provide annual inspections of at least a random group of producers and enforcement under section 990.6.
A lot is a contiguous area in a field, greenhouse or indoor growing structure containing the same variety or strain (7 CFR 990.1).
Who does what
| Party | Role under 7 CFR Part 990 | Section |
|---|---|---|
| Producer | Reports land and licence information; may not sample its own facilities | 990.3(a)(1), (a)(2)(i) |
| Sampling agent | Collects samples within 30 days before anticipated harvest | 990.3(a)(2) |
| DEA-registered laboratory | Tests for total THC (required after 31 December 2022) | 990.3(a)(3)(iii) |
| State or Tribal authority | Runs the plan: inspections, disposal procedure, enforcement | 990.3(a)(5)-(7) |
Thresholds and consequences
| Threshold or rule | What the rule says | Source |
|---|---|---|
| 0.3% total THC, dry weight | Acceptable hemp THC level once measurement of uncertainty is applied to the reported value gives a range reaching 0.3% or below | 7 CFR 990.1 |
| Negligent violation | Includes no land description, no required licence, or exceeding the acceptable THC level; no more than one per growing season | 7 CFR 990.6 |
| 1.0% total delta-9 THC | A producer who used reasonable efforts and whose crop is not more than 1.0% dry weight is not treated as negligent for the THC exceedance | 7 CFR 990.6 |
| Corrective action plan | Reasonable correction date, compliance reporting for at least two years, State or Tribe inspects | 7 CFR 990.6 |
| Three negligent violations in five years | Producer ineligible to produce hemp for five years | 7 CFR 990.6(c)(4) |
Where it matters for labs and supply decisions
For a laboratory, the federal framework turns hemp production into a testing workflow: results must come from a DEA-registered laboratory, are reported as total THC on a dry-weight basis, and carry a measurement of uncertainty that the regulator applies to the number. Method and instrument questions are covered in cannabis testing requirements, including its federal hemp section, and in the cannabis testing equipment comparison. Contaminant testing is a separate topic, covered in cannabis pesticide testing. Registered laboratories work to written methods; see standard operating procedure (SOP).
Common misunderstandings
- Delta-9 THC alone is not the measure. The USDA rule uses total THC, which includes converted THCA. A sample low in delta-9 THC can still exceed the limit.
- Producers cannot sample their own crop. Section 990.3 assigns pre-harvest sampling to a sampling agent.
- The 1.0% figure is not a higher legal limit. It only decides whether a producer is treated as negligent; a crop above 0.3% still does not meet the acceptable hemp THC level.
FAQ
What is hemp production under federal law?
It is the cultivation of Cannabis sativa L. with total delta-9 THC of not more than 0.3% dry weight, under a State, Tribal or USDA plan governed by 7 CFR Part 990.
Who can test hemp for THC?
After 31 December 2022, only laboratories registered with the DEA may conduct the total THC testing required by section 990.3.
When is a hemp crop sampled?
Within 30 days before the anticipated harvest, by a sampling agent.
How many violations make a producer ineligible?
Three negligent violations in five years make a producer ineligible for five years (7 CFR 990.6(c)(4)).
Sources
- 7 CFR 990.1, definitions (read 2026-11-08)
- 7 CFR 990.3, State and Tribal plan requirements (read 2026-11-08)
- 7 CFR 990.6, violations (read 2026-11-08)
- 7 CFR Part 990 structure (read 2026-11-08)
- 7 U.S.C. 1639o, hemp production definitions (read 2026-11-08)
