Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(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.