100 North Tenth Street, Second Floor, Harrisburg, PA 17101 | Phone: 717.703.0804 | www.cannabislawpa.com

Judith D. Cassel

jdcassel@hmslegal.com

Melissa A. Chapaska

machapaska@hmslegal.com

March 11, 2019

Via Electronic Mail

US Department of Agriculture

Agricultural Marketing Service

farmbill.hemp@usda.gov

RE: Hemp Production Program

Docket Nos. AMS-SC-19-0020, SC19-990-1

Cannabis Law PA submits these comments in response to the US Department of Agriculture

(USDA)’s request for input regarding the design and functions of a USDA hemp production 

program following passage of the 2018 Farm Bill.

I. Interest

Cannabis Law PA is a Harrisburg-based law firm that represents hemp growers and processors of 

hemp products, including hemp oil, and CBD oil, as well as medical marijuana businesses and 

their ancillary service providers in Pennsylvania, New Jersey, Ohio, West Virginia, New York and 

Maryland. Since 2016, Cannabis Law PA has assisted state-legal hemp growers and distributors

navigate the highly regulated hemp industry. In addition to our involvement in the cannabis and 

hemp industries, our lawyers have practiced regulatory law at federal, state, and local levels since 

1982. 

Cannabis Law PA is uniquely positioned to provide the USDA with insight developed through our 

extensive involvement in the regulatory landscape of the expanding hemp industry. Based on this 

experience, Cannabis Law PA submits these comments in support of rational, evidence-based 

hemp policies, including testing and the removal of restrictions that hinder the marketing, 

distribution and sale of non-medicinal hemp products.
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II. Comments

Cannabis Law PA submits the following comments in order to assist the USDA in 

developing sampling procedures, testing requirements, licensing, compliance and other 

procedures related to hemp production:

1. USDA hemp regulations should distinguish hemp extracts by those that include 

the full array of cannabinoids found in the plant (“full spectrum extracts”) and those that have 

isolated CBD alone (“CBD isolate”). Given the number of CBD dietary supplement products on 

the market and expansive consumer base, a distinction should be made, based on the percent of 

hemp-based CBD oil content in any particular product as to whether that product should be 

classified as a dietary supplement (food grade – not subject to FDA approval) or medicine grade 

(requiring FDA approval). Such a distinction was recently recognized by FDA Commissioner Dr. 

Scott Gottleib in testimony before the US House Appropriations Committee in which he 

confirmed that CBD products could be available “in a high concentration, pure formulation as a 

pharmaceutical product” and “at a different concentration as a food product or dietary 

supplement.” In order to avoid conflicting agency guidance, USDA should likewise recognize 

this distinction.

3. USDA should require testing of hemp-derived product intended for human 

ingestion, including the existence and percentage of CBD oil within a product. Such regulatory 

provisions for testing of products to confirm CBD content will ensure the integrity and purpose

of the Farm Bill by preventing counterfeit or pharmaceutical-grade products from entering the 

consumer goods market.

4. Sec. 297B(a) of the 2018 Farm Bill gives a State “primary regulatory authority 

over the production of Hemp” and a State’s plan is “required to include a procedure for testing 

using post decarboxylation or other reliable methods, delta-9 tetrahydocanabinol concentration 

levels of hemp produced in the State.” However, this testing is limited to ensuring the hemp plant 

and resulting products do not exceed the statutory .3% THC threshold. Based on recent research 

in the field of phytoremediation, hemp is proving to be a suitable option for remediating brown 

fields. Locations for such hemp clean up range from Colorado’s absorption of selenium (a 

naturally occurring but highly dangerous mineral) to Ghernobyl’s radiation. With hemp’s ability 

to absorb dangerous chemicals, testing for these chemicals and heavy metals should be

incorporated into a State’s plan for testing hemp products.

5. The regulations should clarify the removal of restrictions concerning the distance 

required between CBD grows and industrial hemp grows. Specifically, distance requirements 

should be based on industry best practices.

6. The regulations should clarify the removal of restrictions as to when and how 

hemp can be processed especially as it pertains to any restrictions on processing hemp products 

where other non-hemp products are also processed. Such clarifications will create efficiencies in 

processing end-products that contain hemp.
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III. Conclusion

Cannabis Law PA is pleased to submit these comments to assist the USDA in promulgating 

regulations to implement the 2018 Farm Bill. If you have any questions, please do not hesitate to 

contact our office.

Sincerely,

Judith D. Cassel

Melissa A. Chapaska

Cannabis Law PA

100 N 10th Street 

Harrisburg, PA 17101

(717) 703-0804

jdcassel@hmslegal.com

machapaska@hmslegal.com