010-61 Wyo. Code R. §§ 61-2 - Definitions

Any applicable term defined in W.S. § 11-51-101 shall have the same meaning throughout these rules. The singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to affect their purpose.

(a) "Acceptable Hemp THC Level" means that when a laboratory tests a sample, it must report the total delta-9 tetrahydrocannabinol content concentration level on a Dry Weight Basis and the Measurement of Uncertainty. The Acceptable Hemp THC Level for the purposes of compliance with the requirements of this rule is 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 definition of "hemp" nor the definition of "marihuana" or "marijuana" in Wyoming Statutes.
(b) "Batch" means the hemp or products processed during a specific time period indicated by a specific code as designated by a processor.
(c) "Cannabis" means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa L. is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. For the purposes of these rules, Cannabis also refers to:
(i) Any form of the plant in which the total delta-9 tetrahydrocannabinol concentration on a Dry Weight Basis has not yet been determined;
(ii) Any form of the plant that exceeds the Acceptable Hemp THC Level; or
(iii) Any form of the plant that has been commingled with Cannabis that exceeds the Acceptable Hemp THC Level.
(d) "Certified Laboratory" means a United States Drug Enforcement Administration certified and ISO/IEC 17025 accredited laboratory accredited for the testing of potency of cannabinoids, including THC in Cannabis.
(e) "Controlled Substances Act" or "CSA" means the Controlled Substances Act as codified in 21 U.S.C. 801 et seq.
(f) "Criminal History Report" means the United States Federal Bureau of Investigation's Identity History Summary.
(g) "Culpable Mental State Greater Than Negligence" means to act intentionally, knowingly, willfully, or recklessly.
(h) "Department" means the Wyoming Department of Agriculture.
(i) "Dry Weight Basis" means the ratio of the amount of moisture in a sample to the amount of dry solid in a sample. 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 THC, by weight, in a Cannabis item (plant, extract, or other derivative), after excluding moisture from the item.
(j) "Geospatial Location" means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object.
(k) "Handle" means to Harvest or store hemp plants or hemp plant parts prior to the delivery of such plants or plant parts for further processing.
(l) "Harvest" means the collection of any portion of a Cannabis plant from a Licensed Area at any time. Harvest does not include the movement of Cannabis plants between Licensed Areas associated with a single hemp license.
(m) "Hemp Statute" means W.S. § 11-51-101 through -107.
(n) "Key Participant" means a sole proprietor, a partner in a partnership, a member of a limited liability company, a director of a corporation, or a person with executive managerial control in a corporation. A person with executive managerial control includes persons such as a chief executive officer, chief operating officer, chief financial officer, principal, officer, member, manager, and director. This definition does not include non-executive managers such as farm, field, or shift managers.
(o) "Licensed Area" means a field, greenhouse, hoop house, high tunnel, building, or other structure on or in which a licensee plans to produce or process hemp that is licensed by the Department. A Licensed Area may include land, buildings, or other structures that are not used for producing or processing hemp.
(p) "Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of Cannabis throughout the area.
(q) "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.
(r) "Negligence" or "Negligent" means failure to exercise the level of care that a reasonably prudent person would exercise in complying with the provisions of the Hemp Statute or these rules.
(s) "Official Test Result" means an official result prepared by a Certified Laboratory about the analytical testing it performed and the results of the testing, including the Department's Official Test Results.
(t) "Sampling Agent" means a person trained and authorized by the Department to sample Cannabis for the purposes of these rules.
(u) "USDA" means the United States Department of Agriculture.

Notes

010-61 Wyo. Code R. §§ 61-2
Amended, Eff. 8/13/2020. Amended, Eff. 5/23/2024.

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.


No prior version found.