Press release 3/29/22
On March 12, 2022, the Seneca Nation’s Hemp Production Ordinance amendments and subsequent rules were approved at the regular Council Session. The updates reflect some changes issued in the USDA’s final rule on the Establishment of a Domestic Hemp Production Program, which became effective March 22, 2021. For, the outdoor growing season is upon us, and the updates may also help producers bring a legal crop to market. Friendly reminder, a licensee may also grow hemp indoors year-round. Seneca Nation Hemp Producer applications are accepted on a rolling basis. The Ordinance, rules, application, and audit & inspection procedures may now be found on the Cannabis Department’s webpage on sni.org.
The notable changes in the updated Ordinance are:
- The definition of “territory of an Indian Tribe” was provided in the USDA’s Final Rule, however the Seneca Nation countered with a definition better suited to encompass our land holdings. The following definition is what’s in the Ordinance: “Seneca Nation Territories” means (1) all lands within the limits of any Seneca reservation; (2) any lands which are held by the Nation or individual and subject to restriction against alienation by the United States; and (3) Seneca Settlement Act lands.
- Sampling – the timeframe to obtain official pre-harvest samples is now extended to thirty (30) days, instead of the previous untenable fifteen (15) day window.
- Sampling Agents – are required to be certified via the USDA’s training module, and producers shall only use designated certified agents.
- Performance-Based Sampling – is an option that could be developed with the help of licensee’s data. At this time, if a producer grows hemp outdoors/indoors, every lot shall be tested for THC compliance.
- Testing – shall be done by a Drug Enforcement Agency (DEA) registered laboratory.
- Remediation and Re-Testing – flexibilities provided to help producers bring legal hemp to market.
- Disposal – cost-effective options are now available for producers, such as: composting, tilling, disking, burial, or burning.
- Measurement of Uncertainty (MU) – laboratories must calculate and include the MU when they report THC test results, thus the actual THC concentration is expected to be within the distribution or range calculated when the reported THC concentration is combined with the MU. Thus, producers have some leeway via application of the “acceptable hemp THC level” combined with MU to bring compliant hemp to market.
- Negligence Threshold – The threshold changed from .5 percent to 1.0 percent THC concentration based on dry weight, thus providing a buffer and reducing a producers’ risk of violation accrual and license suspension.
- Negligent Violations – revocation of a license occurs if a producer is found to have three (3) negligent violations within a 5-year period, and they may only be charged with one (1) negligent violation per calendar year.
Market Outlook: The industrial hemp market has shifted much like many other markets during the COVID-19 pandemic and now the economic recession. Whereas, cannabidiol (CBD) flower was all the “craze,” but since that market segment was oversaturated, other hemp market segments are gaining traction.
Hemp has many uses besides for flower, such as:
- Hempseed and hempseed oil: lotions, shampoos, soaps, bath gels, cosmetics, food & beverages, animal feed, nutritional supplements, and medicinal & therapeutic products.
- Hemp fiber: paper, carpeting, home furnishing, construction materials (roofing underlay, cement blocks, putty, stucco and mortar, coatings, pipe wraps, house wraps, fiberglass substitute, acoustic materials, etc.), insulation materials, animal bedding, auto parts & composites, textiles, and many other applications!
- Hemp shivs: animal bedding (high absorbency) and hempcrete!
And, with developments in dual-purpose hemp crops such as grain/fiber, it may be advantageous for a producer to cultivate a crop that can reach multiple markets.
So, please contact the Cannabis Department for more information on hemp production or check out our documents on sni.org!
