Ala. Admin. Code r. 80-10-21-.02 - Definitions
(1) "Acceptable
hemp THC Level" means, for the purpose of compliance with the requirements of a
State hemp plan under the USDA rules, when the application of the measurement
of uncertainty to the reported total delta-9 tetrahydrocannabinol content
concentration level on a dry weight basis produces a distribution or range that
includes 0.3% or less. This definition of "acceptable hemp THC level" affects
neither the statutory definition of hemp, 7 U.S.C. § 16390(1), in the 2018
Farm Bill nor the definition of "marihuana,"21
U.S.C. §
802(16), in
the CSA.
(2) "Applicant" means a
person, or a person who is authorized to sign for a business entity or
University, and who submits an application to participate in the industrial
hemp program.
(3) "Cannabis": A
genus of flowering plants in the family Cannabaceae of which Cannabis
sativa is a species, and Cannabis indica and
Cannabis ruderalis are subspecies thereof. Cannabis refers to
any form of the plant in which the delta-9 tetrahydrocannabinol concentration
on a dry weight basis has not yet been determined.
(4) "CBD" means cannabidiol.
(5) "Certified seed" means seed for which a
certificate or any other instrument has been issued by an agency authorized
under the laws of a state, territory, or possession to officially certify seed
and that has standards and procedures approved by the United States Secretary
of Agriculture to assure the genetic purity and identity of the seed
certified.
(6) "Conviction" means
any plea of guilty or nolo contendere, or any finding of guilt, except when the
finding of guilt is subsequently overturned on appeal, pardoned or expunged.
For purposes of this definition, a conviction is expunged when the conviction
is removed from the individual's criminal history record and there are no legal
disabilities or restrictions associated with the expunged conviction, other
than the fact that the conviction may be used for sentencing purposes for
subsequent convictions. In addition, where an individual is allowed to withdraw
an original plea of guilty or nolo contendere and enter a plea of not guilty
and the case is subsequently dismissed, the individual is no longer considered
to have a conviction for purposes of this definition.
(7) "Commissioner" means the Commissioner of
the Alabama Department of Agriculture and Industries and any employee of the
Department of Agriculture and Industries associated with the Alabama Hemp
regulatory program.
(8) "Corrective
Action Plan" means a plan established by the Department for a licensed grower
to correct a negligent violation or non-compliance with a hemp statute or
administrative regulation.
(9)
"Culpable mental state greater than negligence" means to act intentionally,
knowingly, willfully, recklessly or with criminal negligence.
(10) "DEA" means the United States Drug
Enforcement Administration.
(11)
"Decarboxylated" means the completion of the chemical reaction that converts
THC-acid into total delta-9-THC, the intoxicating component of cannabis. The
decarboxylated value is also calculated using a conversion formula that sums
delta-9-THC and eighty-seven and seven tenths (87.7) percent of
THC-acid.
(12) "delta-9-THC" means
total delta-9-tetrahydrocannabinol concentration (the primary intoxicating or
psychoactive component of cannabis).
(13) "Department" means the Alabama
Department of Agriculture and Industries.
(14) "Dry weight basis" means the ratio of
the amount of moisture in a sample to the amount of dry solid in a sample. It
is a basis for expressing the percentage of a chemical in a substance after
removing the moisture from the substance. Percentage of THC on a dry weight
basis means the percentage of total THC, by weight, in a cannabis item (plant,
extract, or other derivative), after excluding moisture from the
item.
(15) "Entity" means a
corporation, joint stock company, association, limited partnership, limited
liability partnership, limited liability company, irrevocable trust, estate,
charitable organization, or other similar organization, including any such
organization participating in the hemp production as a partner in a general
partnership, a participant in a joint venture, or a participant in a similar
organization.
(16) "Farm Service
Agency or FSA" means an agency of the United States Department of
Agriculture.
(17) "Grower licensing
agreement" means a document executed by a person and the department authorizing
the person to possess, grow, produce, handle, and store hemp at one (1) or more
specified locations in the State under the terms established in this
administrative regulation.
(18)
"GPS" or Global Positioning System means a location designated through a global
system of navigational satellites used to determine the precise ground position
of a place or object.
(19) "Handle
or Handling" means taking ownership, possessing or storing hemp for any period
of time on licensed premises owned, operated, or controlled by a person
licensed to cultivate or process hemp. Handling also includes possessing or
storing hemp in a vehicle for any period of time other than during its actual
transport from the premises of a licensed person to cultivate or process hemp
to the premises of another licensed person.
(20) "Hemp" or "industrial hemp" is the plant
Cannabis sativa L and any part of that plant, including the
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids,
salts, and salts of isomers, whether growing or not, with a total delta-9
tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight
basis. Industrial Hemp shall be considered an agricultural crop or an
agricultural commodity, or both, in all respects under state law. The term
excludes marijuana as defined in subdivision (14) of Section
20-2-2 of
the Code of Ala. 1975.
(21) "Hemp product" or "industrial hemp
product" is products derived from, or made by, processing industrial hemp
plants or plant parts.
(22) "Key
participants" means a sole proprietor, a partner in a partnership, or a person
with executive managerial control in a business entity or corporation. A person
with executive managerial control includes persons such as a chief executive
officer, chief operating officer and chief financial officer or similar
position of managerial control. This definition does not include non-executive
managers such as farm, field, or shift managers.
(23) "Law enforcement agency" means ALEA
(Alabama Law Enforcement Agency), or other federal, state, or local law
enforcement agency or drug suppression unit.
(24) "Licensed grower or producer" means a
person authorized in the State by the department to grow, cultivate, handle,
and store hemp under the terms established in a grower licensing agreement and
this administrative regulation.
(25) "Licensed processor" means a person in
the State authorized by the department to process, handle, and store hemp under
the terms established in a processor licensing agreement.
(26) "Location ID" means the unique
identifier established by the applicant for each unique set of GPS coordinates
where hemp will be grown, handled, stored, or processed, which can include a
field name, greenhouse or building name. Under the terms of this part,
"Location I.D. or Lot", is to be defined by the Licensed Grower or Producer in
terms of farm location, field acreage, and variety (i.e. cultivar) and to the
reported as such to FSA.
(27)
"Measurement of Uncertainty" means the parameter associated with the result of
a measurement that characterizes the dispersion of the values that could
reasonably be attributed to the particular quantity subject to
measurement.
(28) "Nonviable seed"
means a seed that has been crushed, dehulled, or otherwise rendered to have a
zero percent germination rate.
(29)
"Person" means an individual, institution of higher education, business entity
or entity.
(30) "Pesticide" means
any substance or mixture of substances intended to:
(a) Prevent, destroy, control, repel,
attract, or mitigate any pest;
(b)
Be used as a plant regulator, defoliant, or desiccant; or
(c) Be used as a spray adjuvant, once they
have been mixed with a product registered by U.S. Environmental Protection
Agency.
(31) "Plot, lot
or growing area" means a contiguous area in a field, greenhouse, or indoor
growing structure containing the same variety or strain of hemp throughout the
area.
(32) "ppm" means parts per
million.
(33) "Post-harvest sample"
means a sample taken from the harvested hemp from a particular plot's harvest
in accordance with the procedures as established by the department. The entire
plot's harvest should be in the same form (for example, intact-plant, flowers,
etc.), homogenous, and not mixed with non-hemp materials or hemp from another
plot.
(34) "Pre-harvest sample"
means a composite, representative portion from plants in a hemp plot collected
in accordance with the procedures as established by the department.
(35) "Prohibited variety" means a variety or
strain of cannabis excluded from the department's program.
(36) "Processing" is converting an
agricultural commodity into a marketable form.
(37) "Processor/Handler licensing agreement"
means a document executed by a person and the department authorizing the person
to process, handle, and store hemp at one (1) or more specified locations in
the State under the terms established by the department.
(38) "Program" means the department's
Industrial Hemp Program.
(39)
"Propagule" means a plant or plant part that can be utilized to grow a new
plant.
(40) "Secondary pre-harvest
sample" means a pre-harvest sample that is taken:
(a) In a given plot after the first
pre-harvest sample is taken; and
(b) On a different day than the initial
pre-harvest sample.
(41)
"Seed source" means the origin of the seed or propagules as determined by the
department.
(42) "Signing
authority" means an officer or agent of the business entity or organization
with written authorization to commit the legal entity to a binding
agreement.
(43) "State" means the
State of Alabama.
(44) "State Plan"
means the plan submitted by the Department and approved by the Secretary of the
U.S. Department of Agriculture under which the Department regulates hemp
production.
(45) "University" means
a postsecondary institution, as defined in 20 U.S. Code 1001(a). and located in
the State.
(46) "Variety" means a
subdivision of a species that is:
(a) Uniform,
in the sense that the variations in essential and distinctive characteristics
are describable;
(b) Stable, in the
sense that the variety will remain unchanged in its essential and distinctive
characteristics and its uniformity if reproduced or reconstituted as required
by the different categories of varieties; and
(c) Distinct, in the sense that the variety
can be differentiated by one (1) or more identifiable morphological,
physiological, other characteristics from all other publicly known
varieties.
(47) "Variety
of concern" means any variety of hemp in the department's program that tests
above 3,000 ppm or 0.3000 percent total delta-9-THC in one (1) or more
pre-harvest samples. A hemp variety designated as a "variety of concern" could
be subject to restrictions and additional testing.
(48) "Volunteer cannabis plant" means any
cannabis plant that:
(a) Grows of its own
accord from seeds or roots in the years following an intentionally planted
cannabis crop; and
(b) Is not
intentionally planted.
Notes
Author: N. Gunter Guy Jr.
Statutory Authority: Code of Ala. 1975, §§ 2-8-381, 2-8-383.
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