---
kind: "section"
citation: "7 C.F.R. § 990.27"
title: "7"
number: "990.27"
heading: "Non-compliant cannabis plants."
url: "https://uscodex.org/cfr/7/990.27"
---

# §990.27. Non-compliant cannabis plants.

- (a) Cannabis plants exceeding the acceptable hemp THC level constitute marijuana, a schedule I controlled substance under the Controlled Substances Act (CSA), [21 U.S.C. 801](/usc/21/801.md) et seq., and producers must either use a DEA-registered reverse distributor or law enforcement to dispose of non-compliant plants or ensure the disposal of such cannabis plant on site at the farm or hemp production facility.
- (b) Producers must notify USDA of their intent to dispose of or remediate non-conforming plants and verify disposal or remediation by submitting required documentation.
- (c) If a producer elects to perform remediation activities, an additional sampling and testing of the post-remediated crop must occur to determine THC concentration levels.

## Notes

### Authority

Authority: 7 U.S.C. 1639o note, 1639p, 1639q, 1639r.

### Source

Source: 86 FR 5680, Jan. 19, 2021, unless otherwise noted.