SALEM — The legislative deadlock may derail upgrades to Oregon’s regulatory powers over hemp that are needed to meet federal requirements for the crop.

Without the enhanced authority for Oregon farm regulators, the state’s hemp farmers may come under the direct oversight of the USDA as soon as this autumn.

That outcome would be undesirable for the state’s hemp industry, which has thrived under the regulatory jurisdiction of the Oregon Department of Agriculture, said Courtney Moran, attorney and president of the Oregon Industrial Hemp Farmers Association.

“We’ve worked very hard over the past five years to develop the Oregon hemp program,” Moran said. “We want to maintain that leadership.”

Currently, Oregon farm regulators have federal jurisdiction over hemp under the 2014 Farm Bill, which allowed the crop to be grown under state pilot programs.

The 2018 Farm Bill legalized hemp at the national level, requiring states to eventually conform with new federal rules for the crop.

The state Department of Agriculture needs enhanced authority, such as conducting criminal background checks, to meet the USDA’s regulatory requirements to oversee hemp under the 2018 Farm Bill.

For that reason, lawmakers tried to pass House Bill 4072 during this year’s legislative session, which would fully vest ODA with the powers required by the federal government.

However, as Republican lawmakers recently refused to participate in the legislative process to avoid a vote on controversial climate legislation, HB 4072’s chances of passage are now in doubt.

The hemp industry would push for the bill to be included on a priority list of must-pass legislation if Republican lawmakers return to the Legislature before its required adjournment on March 8, said Moran of the Hemp Farmers Association.

It’s also possible that a similar hemp bill could be proposed during a special session called afterward by Gov. Kate Brown, she said.

Even if the legislation fails to pass in 2020, though, that won’t immediately affect this year’s crop for growers. The ODA can continue regulating hemp under the 2014 Farm Bill until the end of October, after it’s harvested.

What would happen afterward is less certain, since the authority to grow hemp under the 2014 Farm Bill is set to expire on Oct. 31. Without an extension or an approved state plan, the crop would then come under federal jurisdiction.

It’s possible the USDA will extend Oregon’s ability to regulate hemp under the previous farm bill, said Lauren Henderson, the agency’s assistant director. “They know we’re waiting for legislation, like a lot of other states are.”

Some of the USDA’s requirements, such as registering hemp farmers, are already met by ODA’s existing authorities, and the state agency will retain its current state authority over the crop even without new legislation, Henderson said.

“That’s not going away,” he said. “We already have many boxes checked.”

It hasn’t yet been determined what role Oregon farm regulators would play if USDA did take direct authority over hemp, he said. The agency plans to discuss this eventuality with USDA, and the federal government has committed to working with the states.

“I don’t think there needs to be panic in the industry or anywhere else about the bill passing or not passing,” Henderson said.