USDA Hemp Testing Delay:
What Growers Need to Know
USDA is delaying enforcement of the requirement that hemp produced under the U.S. Domestic Hemp Production Program be tested by a DEA-registered laboratory. The enforcement delay now runs through December 31, 2026. That gives producers and hemp programs additional time, but it does not suspend the rest of the federal or state compliance framework.
The short answer
USDA says compliance testing may be performed by laboratories that are not DEA registered through December 31, 2026 because registered laboratory capacity remains inadequate.
USDA Extended the DEA-Lab Enforcement Delay
On December 23, 2025, the U.S. Department of Agriculture’s Agricultural Marketing Service announced that it would continue delaying enforcement of the requirement that hemp compliance testing be performed by laboratories registered with the Drug Enforcement Administration.
USDA’s current laboratory-information page says the enforcement delay lasts until December 31, 2026. During that period, compliance testing can be performed by laboratories that are not DEA registered, provided the laboratory and testing arrangement otherwise satisfy the requirements of the applicable hemp program.
The Problem Is Laboratory Capacity
USDA’s published explanation is more specific than a general “regulatory delay.”
Not enough registered capacity
USDA says DEA-registered laboratory testing capacity remains inadequate to support mandatory nationwide use of registered laboratories for hemp compliance testing.
Registration delays
USDA cites input from state and tribal governments and third-party cannabis testing facilities that have experienced delays completing DEA laboratory registration.
A repeated transition issue
USDA previously delayed enforcement through December 31, 2025. The December 2025 notice extended that enforcement discretion for another year.
What the Delay Does—and Does Not—Change
| Issue | Status through Dec. 31, 2026 | What to do |
|---|---|---|
| DEA registration of testing lab | USDA enforcement delayed. | Use only a laboratory permitted by your applicable USDA, state, or tribal program. |
| Pre-harvest sampling | Still required where applicable. | Follow the timing and sampling-agent requirements of your licensing program. |
| THC compliance testing | Still required. | Use the required method and reporting process for your program. |
| Licensing / authorization | Still required. | Maintain the license or authorization required by your state, tribe, or USDA plan. |
| Reporting | Still required. | Make required crop, sampling, test, acreage, disposal, or other reports on time. |
| State / tribal requirements | Can differ from USDA baseline. | Check your licensing body’s current rules before choosing a laboratory. |
Growers, Hemp Programs & Testing Laboratories
The original version of this article treated growers and processors as if the same testing obligation automatically applied to both. The USDA requirement is more accurately described as a compliance-testing requirement for hemp produced under regulated production programs.
Licensed producers
Producers still need to ensure their crop is sampled and tested through the process required by the applicable USDA, state, or tribal production program.
State & tribal programs
Program administrators can continue working with eligible non-DEA-registered laboratories during the enforcement-discretion period where their own rules allow it.
Testing laboratories
Labs that intend to remain part of federal hemp compliance testing after the enforcement period should track USDA and DEA requirements and registration status.
What Should Producers Do Before the Delay Ends?
Do Not Confuse the Lab Delay With the November 2026 Hemp Definition Change
A separate federal development is scheduled to occur before the DEA-laboratory enforcement delay expires. Public Law 119-37 changes the federal statutory definition of hemp effective November 12, 2026.
Congressional Research Service materials explain that the amended definition explicitly recognizes industrial hemp grown for non-cannabinoid purposes while changing the treatment of certain hemp-derived cannabinoid products. That statutory change and USDA’s laboratory-registration enforcement discretion are separate legal issues.
Official References for Current Status
Because the deadline can change again, use USDA’s current pages rather than relying only on older articles or search snippets.