As we previously reported, the U.S. Department of Agriculture(“USDA”) released its long-awaited interim final rule governing the domestic production of hemp on October 31, 2019. On November 5, the USDA released a short 12-minute webinar, which provides a high-level overview of the new Interim Final Rules.
Among other things, the webinar clarifies the USDA’s position that, following publication of the interim final rule, no state or Indian tribe may prohibit the interstate transport of hemp that has been lawfully produced under an approved state or tribal plan, a USDA-issued license, or the 2014 farm bill. This should resolve any lingering uncertainty as to the interstate transport of hemp throughout the United States. The interim final rule sunsets after two years, allowing time both to make it through a full crop cycle under the interim rule and for the USDA to deliver a final rule, reflecting any comments interested stakeholders may have on the interim rule.