WSDA - Webinar - Preparing for Harvest
(July 12, 2022)

Here are some observations from the Tuesday July 12th Washington State Department of Agriculture (WSDA) webinar on “Preparing for Harvest 2022.”

My top 5 takeaways:

• WSDA Hemp Program Manager Trecia Ehrlich welcomed attendees to the overview of compliance requirements for maintaining hemp production licensure (audio - 2m).
  • She began by observing that she would prepare licensees “for harvest as best I can” and brought up the “really different weather this year,” curious how it had impacted hemp planting and harvesting timelines. The webinar would focus on what a hemp license holder needed “to do in order to have their hemp inspected.”
  • The last webinar about hemp production Ehrlich hosted was on March 24th. She also reviewed the WSDA role in regulating hemp and certifying hemp products at the Washington CannaBusiness Association (WACA) Spring Meeting on June 15th.
  • A survey of Washington state weather in 2022:
    • April 28th - Summer 2022 expected to be warm and dry (KING 5)
      • “Coming off of the record-setting summer of 2021, many are wondering if western Washington can expect another summer of above-average temperatures or a repeat of the high heat extremes. Washington State Climatologist Dr. Nick Bond says that's unlikely…Coming off of an active, cooler April, this has allowed the snowpack to increase for the mountains…This increase in the snowpack will help initially curve the fire danger. ‘The cool and wet weather is helping us hold on to our snowpack and help prevent an early start to the fire season,’ said Bond.”
    • June 1st - Here's a look at the extended Seattle summer forecast (Curiocity)
      • “According to the National Weather Service‘s Seattle Summer forecast, it looks like this summer will be high err slightly above normal, and dry.” 
    • June 24th - Wenatchee weather swings between extremes in 2021 to 2022 (Spokesman Review)
      • “The year 2021 was the fourth driest on record from April through September since 1895…In 2022, it was the fourth wettest April through May on record since 1895…it is a lot cooler this year compared to last year. Wenatchee broke temperature records on June 29 last year, hitting 114 degrees for the first time in recorded history…In comparison, this year, the area may be in the 90s for a few days this month, according to weather service forecasts…The average volume of water going through the Grand Coulee Dam was 89% of normal between January and July in 2021. In 2022, the dam received 110% of its average volume.”
    • Find more forecasting information for Washington state from:
      • Office of the Washington State Climatologist - Climate Outlook
      • National Weather Service Climate Prediction Center - Three Month Outlook
      • National Centers for Environmental Information - State Climate Summaries 2022 - Washington

• Tracking and reporting harvests was the first topic covered by Ehrlich, including on-site sampling by WSDA staff for transport to western Washington testing laboratories, a requirement before hemp producers could sell their crop (audio - 10m).
  • At publication time, a hemp production license was the only license type offered by WSDA. However, due to a 2021 law the department adopted rules for Hemp Processor Registration in December 2021 followed by rules for certification of hemp extracts on June 7th.
  • Ehrlich emphasized WSDA officials needed to know if farmers were harvesting their hemp - and how much. They also had to notify their local Farm Service Agency to provide a “planting report” that specified how much was planted. It was acceptable for licensees not to harvest any hemp, Ehrlich stated, but those who were harvesting “need to have that crop inspected” and “mature” plants had to be sampled by WSDA staff “within 30 days of your anticipated harvest date.” 
    • Farm Service Agencies for Washington are organized through the U.S. Department of Agriculture (USDA).  
  • “A lot of people say ‘I don’t know when I’m going to harvest,’” Ehrlich noted, but “your best estimate” was needed. She remarked how department officials knew this date might “change drastically,” but they expected farmers to be communicative with staff about their eventual harvest date. Hemp licensees had to complete a “Harvest Report Form” using software from WSDA which she demonstrated from her browser. Ehrlich said the ideal notification for her team was “45 days out [from] your harvest” even though the inspection had to occur within “30 days from your harvest date.” She acknowledged that most farmers wanted inspections “as close to 30 days as possible because…the longer your hemp goes, the hotter it can become.” Speculating that a farmer harvesting on September 1st “appreciate[s] if we could be there on August 1st,” she suggested the odds of this were “much greater if you let us know on July 15th” so staff could “work our scheduling magic.”
  • In addition to mandatory delta-9-tetrahydrocannabinol (delta-9-THC) testing of aggregated samples selected by a state employee, crop inspections included an option to test for “non-approved pesticides, mycotoxins, and heavy metals at an additional cost,” remarked Ehrlich. It was “super crucial that when the inspector is there” they be informed that additional testing was requested. She explained that it was important to have “it written on the bag" as there “isn't really a regulatory mechanism on our end as far as what that additional testing does for you."
    • Find out more from the WSDA Hemp Production Pre-harvest Sampling Protocol. 
  • Separate from crop sampling by WSDA inspectors, hemp producers could independently mail samples to labs for testing, added Ehrlich. She allowed that they were welcome to have testing done by any of the laboratories approved for heavy metals or pesticide testing who would furnish the same certificate of analysis (COA) as the department.
    • Leadership for the U.S. Postal Service (USPS) had a record of opposing mailing of hemp and cannabidiol (CBD) samples, and U.S. Postal Inspection Service (USPIS) inspectors had seized some samples going to testing labs.
      • In 2018, litigation challenged the “nonmailability” of hemp with limited success.
      • In March 2019, USPS officials issued an advisory on the Acceptance Criteria for CBD Oil and Products Containing CBD. 
      • In June 2019, USPS published revisions to Publication 52 - Hazardous, Restricted, and Perishable Mail to add section 453.37 on “Hemp-based Products” providing “new mailing standards for products derived from cannabis and industrial hemp.”
      • By October 2021, postal service officials published final rules for Treatment of E-Cigarettes in the Mail, with a section on hemp and hemp derivatives. Coverage from Marijuana Moment stated, “By preventing vape manufacturers and retailers from utilizing USPS to ship their goods, the regulations will effectively force them to use more expensive private courier services—a cost that will likely be passed on to consumers.”
  • Ehrlich knew some “have probably had some struggles with our software” and apologized for past inconvenience, but stressed that officials needed “your harvest date” above all else because “that’s how we schedule you.”
  • Josh Sturdevant, Oxbow Farm and Conservation Center (Oxbow Center) Assistant Manager for Agricultural Production, was curious whether harvest reports should be submitted “for every variety that you’re growing.” Ehrlich’s initial response was “yes and no” as varieties harvested on the same date could have details “worked out when the inspector gets there.” She didn’t want individuals to have to “fight the software" to get information submitted, but did encourage licensees to submit as much information as possible along with a harvest date. However, if the varieties of hemp had differing harvest dates, Ehrlich informed attendees that separate harvest reports would be needed for each date (audio - 3m).
    • Over many years, cannabis licensees also had to “fight the software” to meet much more intrusive seed-to-sale traceability and compliance reporting requirements. MJ Freeway, the vendor providing the software responsible for tracking legal cannabis in Washington state (Leaf Data Systems) was blamed for numerous problems for years leading WSLCB leaders to announce a transition to a state-managed Cannabis Central Reporting System (CCRS) in August 2021. After an internal WSLCB CCRS Steering Committee decided to move ahead, CCRS went live that December. Staff discussed the next phase for CCRS with the board on February 9th and hosted a webinar for software integrators on March 1st. A planned update on progress at the July 13th Executive Management Team meeting was delayed when the overall event was cancelled without explanation that morning.

• Ehrlich then delved into hemp inspections and some challenges hemp producers might encounter around sampling, testing, and costs (audio - 11m).
  • Ehrlich’s top tip for a successful hemp inspection was for the licensee to have someone there to meet the inspector to ensure they sampled the appropriate crops, whether that was the licensee themselves or an employee they designated. She mentioned that staff were looking into “different strategies with transporting” to labs in order to minimize fuel consumption and keep sample delivery “cost effective.”
    • Take a look at the Hemp Harvest Inspection/Sampling Request form created in January 2020.
  • According to Ehrlich, “compliance samples" were required to fulfill USDA “legal obligations” and show that farmers weren’t “producing THC-heavy cannabis." She said testing covered a “full cannabinoid profile” in order to “let you know where your genetics are” even in the event the crop had too much THC. Ehrlich elaborated that licensees could have their own “marketing samples” tested at any time, as sometimes licensees “wanna see if 15 days later they’ve got a little better” ratio of cannabinoids, terpenes, and other compounds.
    • Learn more from the Sampling Guidelines for Hemp and the Laboratory Testing Guidelines published on January 15th.
  • "We hate having hot hemp, it's the worst," said Ehrlich, indicating that some pre-harvest testing could also help producers know if their crop was “on its way” to an appropriate cannabinoid ratio and/or level of THC. While her staff endeavored to be “flexible” in their ability to schedule inspections, “you are not alone in experiencing the weather,” which she suggested frequently led to sudden scheduling changes by licensees in a region. The earlier a harvest report was submitted so “you’re in the system,” the lower the chances a hemp farmer would wind up “panic calling during a storm."
  • Ehrlich commented that the department “most consistently” used Medicine Creek Analytics for hemp crop testing "due to, I think mostly, their turn times and accuracy.” She felt it necessary to clarify she didn’t mean that their test results compared favorably to other accredited labs, but rather they were more accurate with names and "administrative business components" than their competitors. Should a licensee “have a strong preference for” a particular lab, it was “possible” WSDA staff could have testing conducted there, she noted, “but it couldn’t be definite.” Ehrlich acknowledged the department had not found a lab that “meets that standard of reliability” on the eastern side of Washington.
    • Ensuring accurate COA results for cannabis samples had been a challenge for regulators. Former accredited lab Peak Analytics was accused of tampering with cannabis testing results by the agency in 2017. In December 2020, WSLCB officials suspended Praxis Laboratory following evidence of falsified test results for over 1,200 samples. The lab shut down after an investigation revealed modification of test results, potentially as far back as 2018. The lab’s leaders withdrew their appeal of the suspension in May 2021.
  • After testing, WSDA officials furnished a COA as well as a “THC certificate” which allowed harvested hemp to “exit your property and transport across state lines” legally, stated Ehrlich, as “just a COA is not good enough.” Following delivery of the certification documents, “we will bill you” at the end of that month, she said. While licensees weren’t charged for “drive time,” Ehrlich was clear the department charged for mileage, making timely notification to WSDA personnel a way ”to schedule you with your neighbors,” thus splitting mileage costs between producers. There were costs for harvest inspection time and testing, but the program was “fee-based” and didn’t generate revenue for the department, she noted. Ehrlich warned that WSDA could send collectors out for unpaid fees after several months. 
    • Find out more from WSDA Hemp Export and Import Information. At time of publication, the hemp program frequently asked question about testing fees indicated they were:
      • “$200 per inspection
      • $40.00 per hour
      • Mileage will be charged at the rate established by the Washington State Office of Financial Management”
    • On July 8th, the Vermont Agency of Agriculture, Food and Markets announced that they would withdraw their USDA approved Hemp Production Plan as of December 31st. The state hemp program would continue operation through the end of 2022, after which time “individuals that want to cultivate hemp and operate in compliance with federal law will be required to have a license issued under the U.S. Domestic Hemp Production Program” through USDA.
  • As harvest inspections involved “mature plants,” Ehrlich specified that farms producing hemp microgreens went through a "visual inspection process" often through video conferencing software done “any month you intend to sell microgreens.”
    • Check out public comments released in September 2020 on the federal hemp program with regards to Hemp Seedlings, Microgreens, and Clones.
  • Ehrlich remarked that Farm Service Agencies should be notified by July 15th if licensees planted crops.

• The last subject discussed was remediation of hemp crops with tetrahydrocannabinol (THC) in excess of federal limits, including recent guidance observed by WSDA staff (audio - 9m).
  • Ehrlich established that crops above 0.3% THC were considered “hot” and there were only a few options to remedy this, though “none of them are really that fun.” If a sample was under 0.5% THC, licensees “sometimes have some wiggle room" for retesting, she commented, but this incurred a new round of fees and costs for a licensee - and sometimes her team had to “tell them it's hot again.” Independent testing by the producer could be a good guide as to whether retesting their harvest would be worthwhile.
  • USDA officials only began permitting plant remediation “last year,” according to Ehrlich, and their options were “not awesome."
    • “Removing all of the flowers” and only testing “stalks and stems…no one has taken us up on that”
    • “A full mulch into a biomass” which was only allowed “at 0.7 and below” because it wasn’t the “slam dunk [that] we thought it was going to be" in addition to being “labor intensive” and often necessitating rental of a mulcher
    • Disposing of hot hemp crops was the “most popular” remedy and “always available” for any crop over 0.3% THC
    • Learn more from the WSDA Testing Protocol for Identifying Delta-9 Tetrahydrocannabinol (THC) Concentration in Hemp.
  • “Every year things get a little bit better,” Ehrlich indicated. She noted that a “decent percentage of our greenhouse folks have tested hot,” speculating that the elevated heat in greenhouses might contribute to increased THC levels in crops.
  • Bonny Jo Peterson, Industrial Hemp Association of Washington (IHEMPAWA) Executive Director, asked about creatively combining hemp lots for inspection testing, and whether it was worth it to “pay [for] the extra testing.” Ehrlich felt it “absolutely" was worth it, remarking that regulators had no ability to partition out samples when multiple varieties were combined. She clarified that requesting separate sampling by variety was the only way to avoid having officials designate combined crops “all hot” (audio - 2m).

• As Ehrlich prepared to take maternity leave, she introduced her temporary replacement, Agricultural Commodity Inspection Supervisor Ryan Hevly (audio - 3m).
  • Ehrlich reported that her maternity leave would begin “in three weeks,” joking it was “by design” that her baby was due “right as harvest started.” Hevly would take over her duties as program manager, including responsibility for her phone and email, and expected he’d schedule inspections and likely “do a bunch of inspections himself.” She was confident licensees were being left “in good hands.”
    • Hevly acknowledged being “open” to any information licensees wanted to share and promised that staff would answer questions “the best we can.”
  • She wrapped up the event by saying she welcomed questions and that licensees should get ready to “have a great harvest” (audio - 1m).