USDA Delays DEA-Required Marijuana Testing Due to 'Insufficient Capacity'

The United States Department of Agriculture (USDA) is delaying the implementation of a rule requiring marijuana to be tested by laboratories certified by the Drug Enforcement Administration (DEA). This is due to concerns over the "inadequate capabilities" of such facilities.

The US Department of Agriculture announced last week in a notice that it is extending the deadline for the enforcement of regulations on marijuana. The notice explains that the DEA laboratory testing requirements will not take effect as planned on January 1st. This controversial regulation is set to take effect on December 31, 2023, at the earliest.

The department stated that they are delaying the implementation of these requirements due to issues with the DEA laboratory registration process, as well as input from state and tribal governments and third-party cannabis testing facilities. Due to these delays, the USDA is concerned that there may not be enough cannabis laboratory testing capacity for the 2023 growing season, which could hinder the growth of the US cannabis market during this critical phase. It is important that laboratory testing of cannabis is in compliance with all other regulatory requirements.

Industry stakeholders in the United States have been criticizing the proposed requirement that only facilities registered with the DEA should conduct THC testing of marijuana. They argue that limited capacity has caused a bottleneck and that testing can be done effectively even without certification from the federal drug administration.

Earlier this year, Representative Chellie Pingree (D-ME) introduced a bill that would make multiple modifications to cannabis regulations, including the elimination of the requirement for DEA-registered labs to conduct testing.

US Agriculture Secretary Tom Vilsack has ultimately approved a broad federal rule that established regulations for the marijuana industry last year, despite concerns raised by advocates over certain provisions. This comes two years after the federal legalization of marijuana crops under the 2018 Agriculture Act.

Meanwhile, the United States Department of Agriculture is conducting an investigation to gather more information on cannabis production and the industry's economy.

At the same time, the agency also took measures to improve the insurance policies of cannabis businesses, making them more flexible in responding to stakeholder feedback.

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