What to Do When Your Hemp Tests Hot

Hemp tests hot when its THC levels exceed the 0.3% threshold for delta-9 THC. Hot hemp must be dealt with very carfully to not jeopardize your license.

Watch Cannabis Industry Lawyer, Tom, explain what to do when hemp tests hot for its delta-9 THC level.

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“Hot Hemp” means hemp whose delta-9 THC levels have exceeded the 0.3% threshold set by state and federal law. Often state rules permit certain and very limited overages, remediation, and protections against the unknowing cultivation of hemp that tests hot on its THC levels. Much confusion exists over the testing methods exists and the low limit’s interplay between delta-9 THC compared to tetrahydrocannabinolic acid (THCa) that causes problems with testing the hemp crop for compliance with the standard definition of industrial hemp – which is cannabis with the THC bred out of it, or at least 99.7% of it. Cultivating from seed as compared to clones or tissue cultures raises the risk of “hot hemp.” The F type generation, F1 compared to F5 for example, also contributes to the stability of the hemp’s THC genetics.

how to avoid hot hemp

• purchase with a written contract
• use certified hemp seed
• grow the hemp the same way it was grown when it was certified
• avoid stressing your plants
• test during flowering with HPLC
• carefully watch the hemp for ripeness
• comply with your state’s harvest reporting requirements
• if a hot test comes remediate if possible and test again
• call your lawyer if trouble comes a knocking

So many farmers face reality when it comes to hemp testing. Their hemp tests hot on most occasions, and that is when officers come to the place. To avoid this situation, you must know what to do when your hemp tests hot. Here are the answers.

What Are Official Regulations

In most states, the official limit for THC levels in hemp is 0.3%. This means that your hemp must have the exact percentage or a lower amount of THC. Testing is done by different methods, but most of them measure the level of components in hemp. Separation of cannabinoids, terpenoids, and flavonoids is the usual method for deciding if the hemp has an adequate distribution of components.

Measuring these parameters can affect the structure of hemp. This is when problems occur. If the testing is not adequate, your hemp can show higher levels of THC, which puts you in a position to ask for help. Most lawyers can help you solve this problem because testing can change the overall THC levels of hemp. It is best to use official testing methods that give you full safety when it comes to the THC levels in your hemp.

Farmers across the country have many different seeds and cultivating of each seed can be very challenging. Most of the time, new seeds that are put in the soil transfer more chemicals and they have naturally higher THC levels. This is especially visible in the first year of cultivation.

To comply with regulations, farmers must use the seeds that are proven when it comes to THC testing. At the same time, they must pay attention to the harvesting methods which can increase or lower the result of THC testing.

After completing the regulatory procedure, hemp that is not “safe” for use must be destroyed, which is a huge problem for farmers who invested a lot of money for the overall growth. They must remove all the seeds and start over the next season.

Being in the hemp industry is giving you a lot of opportunities to explore the market. On some occasions, hemp can test hot but this hemp can be used for a variety of different products. If you are having a regulatory act to grow hemp for recreational use, then you can have hemp that tests hot.

On the other hand, if your seeds are mentioned to be used for medical purposes, you cannot play. In this case, levels of THC must be exact. The best method to keep the level at a safe point is to monitor each step of growing.

What To Do If Your Hemp Tests Hot

If your hemp test hot, you have different solutions. One of them is to get a second opinion when it comes to testing. You can send hemp for additional testing which will inspect the elements of THC. If the second testing shows the same results, your hemp definitely has higher levels of THC.

Another thing to do if your hemp tests hot is contacting your seed vendor. Most vendors are responsible for the quality of the seeds, and they should not allow selling inappropriate seeds to the farmers. If they do that, they are breaking the law, and you can start the case. Seed vendors must comply with official regulations when it comes to the amount, structure, and differentiation of seeds. They must let you know about the properties of the seed you are buying from them.

If you are having a contract with a seller, it is good to read it all over and inspect the elements. Rules and regulations are strictly defined and there is no room for exhibitions. If in the contract stays that your seed is properly grown and adequately cultivated, then you have the right to know how hemp can reach the prohibited levels of THC.

The best resolution you can make if your hemp tests hot is calling your lawyer. Call the lawyer that is educated in this field, so he or she can offer the right support. Growing hemp is a difficult process and regulations play a significant role. Your lawyer must be introduced to the case, especially if you think that you are damaged in the process.

When your hemp tests hot, the best solution is to destroy the hemp. Destroying can be very hard because you’ve invested so much money and time. However, it is the only method to remove hemp that is not adequate and focus on hemp that is up to regulations.

When you destroy hemp, make sure that no traces are left. In areas where inadequate hemp has remained, the soils preserve the characteristics of hemp and all the future seeds can inherent the previous hemp characteristics. For that reason, it is important to completely “clean” the area.

In times when your hemp tests hot, it is best to have the support of regulatory officers. If they are finding the seeds that are exceeding the THC level, they can fine you financially. Most farmers get very low fines, especially if THC levels are not too much. On the other hand, farmers who don’t apply the officers’ measurements when it comes to destroying hemp can face huge legal troubles.

What To Do To Keep Hemp Safe

To avoid the complications, it is best to carefully select the hemp seed. Some seeds have significant increase in THC levels, especially after harvesting. For that reason, it is wise to stick to proven and tested seeds that comply with regulations.

Having hemp with higher levels of THC is both dangerous and it affects your business. Giving more time to prevent complications is much better than dealing with law problems.

For that instance, use the right seeds and apply the right growing and harvesting methods. As a result, your hemp won’t test hot and you’ll have a lot of options to sell hemp to many vendors. When your hemp tests hot, use all the power of lawyers and regulations to solve the issue. This way you ensure that you are safe in the process.

So you were not expecting your cash crop to become an illegal marijuana grow – that’s okay, most laws allow for negligent farming of hot hemp.  But before we get going on this – remember this is information and not legal advice, to hit like if you enjoy the content and subscribe for more cannabis legalization news. 

Stick around until the end and I’ll tell you the best way to insulate your hemp farm from this hot hemp risk.  

Hint: the best way to insulate you from hot hemp is written purchase contract

First make sure your test comes from a good testing lab and is not for total-THC, but delta-9 THC – this is the magic chemical that tells if you have hemp or marijuana. The test should not have been done with Gas Chromatography – but high pressure liquid chromatography, perhaps with mass spectrometry – LC-MS for short.  Even if you trust the lab’s results – get the crop tested again – maybe it was all a fluke and a second opinion will show something totally different – genetics in hemp are not uniform, especially when growing it from seeds. 

Moreover, the 2019 hemp crop in the United State exploded from about 50,000 acres in 2018 to over 200,000 in 2019.  The sheer demand for hemp seeds probably saw some seeds sold that did not match their advertisements and were not quite as feminized or as low in THC as they would have been after a few more years of fine tuning the genetics. 

With that in mind, you should turn to your hemp seed purchase contract after you get the second opinion – this should tell you what the seed vendor advertised – the levels of THC expected and the percentage of feminized seed – it should also provide for what’s called under the Uniform Commercial Code (UCC) as non-conforming goods.  It should be a breach of contract that entitles the buyer to certain remedies.

What’s that you say – you did not enter into a written agreement with your seed vendor and plowed your entire life savings into this hemp boom without a scrap of paper.  Well, lawyers can help with a lot when it comes to enforcing contract rights – but we can’t travel through time. If there is not a written contract, the default provisions of the UCC will provide certain details for your contract’s performance.  Please use a written contract when buying hemp seeds in the future – this is the wild west, so be careful when conducting business.

So after you ordered a second opinion, and gotten a copy of your seed purchase contract, call your lawyer to see what they think about it.

What’s that – you don’t have a lawyer because you can read just as well, aren’t you the guy that also didn’t have a written contract – well, that’s alright – You’ve had a hell of a day – no sense in shaking my finger at you for not covering your behind before going into business with cowboys.

Consult a hemp lawyer – by that I mean a lawyer that has business experience in enforcing contracts – and hopefully some agricultural or hemp experience so they can appreciate the nuances in the industry. 

Your lawyer will be able to help you navigate not only the laws of your state – or the Federal Regulations if your state incorporated them into their hemp program – but also the regulations and rules for your hemp crop – which probably provides for hot hemp that is innocently grown.

How much hot hemp is in the USA?

As an aside I think 2019 may be the largest crop year for marijuana grown in the United States – but that’s only because so many acres of the hemp crop will probably test hot due to how new the hemp industry is.

Next, it’s time to contact your seed vendor.  Business don’t like lawyers as much as the next person – so don’t start with some threatening demand letter. Ideally, you have already inserted the right clauses into a hemp seed purchase contract in case such a thing like this happens.  You are dealing with genetics here – things just jump sometimes when seeds are involved. If you are also dealing without a written contract, hopefully the seed company you bought from is good and helps you recover your lost costs – instead of you writing a bunch of bad reviews and posts on their social media.  If things go bad, lawyering up isn’t the best thing to do.

You see your damages may include lost profits – but that is really speculative with a brand new industry – and almost impossible to prove, but hard costs like your seeds and your nutrients, your labor – these are easily provable damages that is reasonable to recover.

After trying to cover your bases and confirming the hot hemp with a 2nd opinion.  Then you have to comply with your state’s regulations to protect yourself as a negligent producer – remember the .3% for delta-9 THC is the limit between hemp and marijuana – under federal law at least. 

So that limit between negligent and intentional is a line that if you cross – you risk criminal liability – which you should not do because of the volume hemp grows that weight is very heavy crimes – even in legal states because they require licenses you do not have. So do not be negligent when you are sure the hemp is too hot – you got to follow the law and protect your …. Butt.

So that means that you’re going to have to destroy your hemp – and you can’t grow that seed next year because lots of states require you to have a good faith basis, or seed certifications, for guaranteeing what you grow will be industrial hemp and not marijuana.  States have limits on how many years you can negligently grow marijuana and think it is hemp before you risk your license.

Find out what your state requires to destroy, or salvage what hemp you can.

  Perhaps you strip the hemp buds from the herd if the state allows you to try and sell it for fiber – but the cultivars are totally different, so you may be out of luck. Again, your license to cultivate hemp is more important than one bad hot crop – so follow the law and know that this is the wild west and a very young industry that needs to mature and use that safe harbor to keep your business going another season.

Hemp Litigation is Coming in Hot

Lastly, you settle up with the seed vendor if it was really their fault that your crop came in hot.  Genetics for CBD and THC are tricky – some seeds in one situation will grow differently in another – for Illinois, Cherry Wine has been a very stable seed – but this is an industry about creating new genetics, new cultivars – and we do not know what’s coming next.

And because we’re at the bleeding edge of cannabis technology – let’s recap – but first like & subscribe if you liked this – because you’ll get notice of cannabis legalization news – every wednesday.

To conclude: if your hemp’s delta-9 THC level is over 0.3%, your license requires certain actions.

Here’s what to do if your hemp crop comes in hot on THC.

1. Get a second opinion on your hemp’s THC levels
2. Check your hemp seed purchase contract terms
3. Call your cannabis lawyer
4. Review what the law and rules say about hemp with high THC levels
5. Contact your seed vendor regarding the problem with the Hemp’s THC levels
6. Comply with regulations providing you safe harbor against negligent hot hemp.
7. Destroy the hemp, or salvage what you can
8. File suit, or enter into settlement agreement if seed vendor liable for losses.

 

Thomas Howard has been in business for years and can help yours navigate towards more profitable waters.

Our cannabis business attorneys are also business owners.  We can help you structure your business or help protect it from overly burdensome regulations.