Breaking: Draft Vermont Hemp Rule Released

4/18/2019

"No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of Government except for all those other forms that have been tried from time to time." ~ Winston Churchill

Rules of the Game

The long-anticipated DRAFT 'Vermont Hemp Rule' was released today by Cary Giguere, Director, Public Health, at the Vermont Agency of Agriculture (VAAFM).

The goal of the rulemaking process has been to clearly define the regulatory framework and product safety guidelines around which Vermont's federally compliant hemp program is to be built. I explored some of the process and the background for the Hemp Rule in a January post, here.

This note below, from Cary Giguere, accompanied today's announcement of the official version of the Draft Hemp Rule. A public comment period will follow once the Draft Rule is filed with the Secretary of State:

"Attached is a copy of the latest draft of the hemp rule. We have done our best to incorporate everyone’s comments and suggestions as well as designing a rule that will meet the criteria set forth in the 2018 farm bill, and promote the Vermont industry.... This draft has been filed internally and will be filed with the Secretary of State in the next 10 days. This will begin the official public comment period. We have not scheduled public meetings yet but will in the next few weeks."
- Cary Giguere, Director, Public Health, Agricultural Resource Management, Vermont Agency of Agriculture.

I'm looking forward to carefully reviewing the draft hemp rule, then I'll follow up in the next few days with comments; some of my own and from other hemp stakeholders I hear from.

I also want to thank Cary, and the woman who did a lot of the heavy lifting, Stephanie Smith, Chief Policy Enforcement Officer at the Agency of Agriculture. They have both worked hard for months to put together the draft rule for all Vermont hemp stakeholders to carefully consider and respond to.

I'll be back soon with analysis. If Vermont is home, and hemp is your life, spend time getting to know the proposed rules that will frame the future of Hemp Vermont. Then, PLEASE post your comments and questions below, or reach me at <netaka"at"takabouthemp.com>. What do you think?

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7 Comments

Ben

4/18/2019 09:37:18 pm

Thanks a lot Netaka for posting this link to the rules draft.

Is anyone advocating to the legislature for THC thresholds, delta-9 or otherwise, to be above 0.3%?

That threshold is arbitrary and we are seeing so many plants test between 0.3% and 1%. A plant at 1%THC clearly is a "CBD" cultivar. Should farmers be penalized if their crop grows above 0.3% because of drought, extreme heat, or purchasing non-uniform genetics? I think 1% is a very reasonable mark that will eliminate a lot of headaches over the coming couple of years.

Oberon

4/19/2019 09:37:42 am

Ben--the crux of this issue is that Federal compliance with the 2018 Farm Bill is mandatory. The State cannot have different rules than the Fed, or the program is deemed Federally non-compliant and thus, illegal. Unlike medical programs, which are under the DOJ and protected by Rohrabacher-Blumenauer, hemp is under the USDA and has no protections in the event of federal non-compliant programs or activities. So. Nope.

Bob

4/19/2019 12:25:18 pm

@Ben I agree with you 100%. You will be happy to see that this is included in the new draft.
"Acceptable potency level means a hemp crop that has a delta-9 concentration of 0.3 percent or less and a total theoretical tetrahydrocannabinol concentration of one percent or less."

@Oberon you are correct, but technically the Farm Bill only set a limit for d-9 THC, it did not specifically mention THCA. Vermont is abiding by the 0.3% d-9 rule, and also adding a 1% total THC limit which includes THCA. So arguably it is still in compliance. Hopefully it passes is this form.

Derek

4/19/2019 11:09:00 am

Section 6.2 should be amended to add "physical separation" as an acceptable form of extraction.
Solvents should not be the only solution.
You should not written approval from the agency to press, bubble, or keif.

Ben

4/20/2019 10:31:19 pm

Thank you Bob and Oberon.

I am very glad to hear that our legislature is so sensible. Thank you to all of you who helped advocate for such reasonable regulations.

As per Derek's suggestion of editing section 6.2, I agree entirely. Physical separation should not require a permit on a small scale. Not only is physical separation near impossible to regulate, but it has part of human culture for thousands of years.

Netaka

4/22/2019 05:41:36 pm

Derek, you bring up a good point which I believe has been addressed in the Definitions section 3.28. "Hemp concentrate means a substance obtained by separating cannabinoids from hemp leaves, flowers, or stalk using a mechanical, chemical or other process which consists primarily of cannabinoids." Let's be sure we get clarification on that, and/or introduce more appropriate language in Section 6.2. Thanks for pointing that out.

Netaka

4/22/2019 05:34:10 pm

Great comments and questions. Thanks everyone!

Re: Ben's original question and the follow on replies about THC limits... This is an area that the 2018 Farm Bill muddied up when they included language about testing for THC "post-decarboxylation". In prior grower/processor meetings with the Agency leading toward the draft Rule, it was a subject of considerable discussion.

This version of the Rule is a big step forward, and the Agency is to be credited with making the distinction between d-9 THC levels tested pre- and post-decarb, and introducing the option of a taxonomic definition of hemp (Type III cultivar).

Assuming these testing details make it to the final Vermont Rule, the Rule will then have to be accepted by USDA. This is something we will be monitoring closely.

Author

I'm Netaka, friends call me Tak ("tock"). I write from Vermont and curate Tak About Hemp.

My deep affinity for hemp fiber, food, and medicine has spanned 30 years as an entrepreneur, grower, processor, and policy wonk.

For two years, from 2018 to 2019 I focused that energy on consulting and blogging in support of the American hemp experience.

I hope you enjoy these writings and find them useful and insightful. Cheers!

Hemp Spoken Here