Tenn. Comp. R. & Regs. 0080-06-28-.02 - DEFINITIONS

(1) Terms in this chapter share those meanings of terms in T.C.A. §§ 43-27-101 et seq.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means T.C.A. §§ 43-27-101 et seq.;

(b) Cannabis plant means any plant or any part of a plant of the genera Cannabis and includes hemp;

(c) Culpable mental state greater than negligence means to act intentionally, knowingly, willfully, or recklessly;

(d) Disposal means an activity that transitions non-compliant hemp into a non-retrievable or non-ingestible form. Such activities include, but are not limited to plowing, tilling, or disking plant material into the soil; mulching, composting, chopping or bush mowing plant material into green manure; or burying plant material into the earth and covering with soil;

(e) Grow means to cultivate plants with attached roots;

(f) Growing area means any contiguous land area licensed for the growth of hemp. Bifurcation of a growing area by roads, fencing, or the like shall not render the area non-contiguous under this definition;

(g) Hemp producer means a person that produces hemp for harvest;

(h) Hemp broker means a person that purchases and sells hemp plants grown by others;

(i) Hemp propagator means a person that produces clones or seedlings for retail sale;

(j) Key participant means a sole proprietor, a partner in a partnership, or a person with executive managerial control in a corporation such as, a chief executive officer, chief operating officer, or chief financial officer;

(k) Lot means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis plant throughout the area;

(l) Move, distribute, transport, or similar words mean to relocate in any manner an item from one real property to another;

(m) Negligence means failure to exercise the level of care that a reasonably prudent person would exercise in complying with the Act or this chapter;

(n) Person means an individual, partnership, corporation, or any other form of legal entity;

(o) Remediation means the process of rendering non-compliant cannabis, compliant by removing and destroying flower material, while retaining stalk, stems, leaf material, and seeds. Remediation can occur by shredding the entire plant into a biomass like material, then re-testing the shredded biomass material for compliance;

(p) Sample means to take material, or the material taken from a location licensed by the department;

(q) Stop movement order means a written directive issued by the department to prohibit or limit the movement of plants or plant parts;

(r) THC means total delta-9 tetrahydrocannabinol; and,

(s) USDA means United States Department of Agriculture.

Notes

Tenn. Comp. R. & Regs. 0080-06-28-.02

Original rule filed January 15, 2015; effective April 15, 2015. Emergency rule filed May 18, 2018; effective through June 2, 2018. Emergency rule expired effective June 3, 2018, and the rule reverted to its previous status. Amendments filed July 31, 2018; effective October 29, 2018. Emergency rules filed June 3, 2019; effective through November 30, 2019. Emergency rules expired effective December 1, 2019, and the rules reverted to their previous statuses. Repeal and new rule filed June 25, 2021; effective 9/23/2021.

Authority: T.C.A. §§ 4-3-203, 43-26-103, 43-26-103(e), and 43-27-104.