Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 274 - RULES FOR GROWING HEMP › Section 001-274-I - Definitions

Current through 2024-29, July 17, 2024
A.
Acceptable hemp THC level
-
				The acceptable hemp THC level is when the application of the measurement of
				uncertainty to the reported delta-9 tetrahydrocannabinol content concentration
				level on a dry weight basis produces a distribution or range that includes the
				total THC limit in the definition of hemp in Section
				I(P). For example,
				if the reported delta-9 tetrahydrocannabinol content concentration level on a
				dry weight basis is 0.35% and the measurement of uncertainty is +/-0.06%, the
				measured delta-9 tetrahydrocannabinol content concentration level on a dry
				weight basis for this sample ranges from 0.29% to 0.41%. Because 0.3% is within
				the distribution or range, the sample is within the acceptable hemp THC level
				or as otherwise defined in federal law.
B.
Biomass
- Harvested hemp
				which includes the stalks and leaves and may include flowers, buds and/or
				seeds.
C.
Cannabinoid
- A group of closely related chemical compounds which include THC
				(tetrahydrocannabinol), THCA (tetrahydrocannabinolic acid), CBD (cannabidiol),
				CBDA (cannabidiolic acid), CBN (cannabinol), CBG (cannabigerol), CBC
				(cannabichromene), CBL (cannabicyclol), CBV (cannabivarin), THCV
				(tetrahydrocannabivarin), CBDV (cannabidivarin), CBCV (cannabichromevarin),
				CBGV (cannabigerovarin), CBGM (cannabigerol monomethyl ether), CBE
				(cannabielsoin), CBT (cannabicitran), and other active constituents that are
				naturally occurring in the Cannabis sativa L. plant.
D.
Certificate of analysis
- A
				report issued by a third-party ISO 17025 accredited laboratory, which indicates
				the delta-9-tetrahydrocannabinol, tetrahydrocannabinolic acid, and total
				tetrahydrocannabinol content of hemp on a dry weight basis.
E.
Certified seed source
- A
				source of hemp seeds that are certified by a third party as producing hemp
				having a total tetrahydrocannabinol concentration of not more than 0.3% on a
				dry weight basis or as otherwise defined in federal law. Certification may
				include a certificate of analysis from a third-party ISO 17025 accredited
				laboratory that indicates the parent plant seed source tested at or below 0.3%
				total tetrahdrocannabinol on a dry weight basis or as otherwise defined in
				federal law.
F.
Clone
- A hemp plant produced using any part of another hemp plant other than the
				seeds of that hemp plant.
G.
Commercial purposes
- Offering seed, plants, plant parts,
				extracts, or other derivatives of the hemp plant into commerce or distribution
				to another person for that purpose.
H.
Criminal history report
- A
				report detailing an individual's conviction status related to a controlled
				substance within the past 10 years for all 50 states and the federal level,
				which must be dated within sixty days prior to the date of application
				submission, to be renewed every three years.
I.
Decarboxylation
- The
				chemical reaction that converts THCA into delta-9 THC, the intoxicating
				component of cannabis. The decarboxylated value is also calculated using a
				molecular mass conversion ratio that sums delta-9 THC and eighty-seven and
				seven tenths (87.7) percent of THC-acid (Total THC=(delta-9 THC)
				+(0.877*THCA))
J.
Department
- The Maine Department of Agriculture, Conservation and
				Forestry.
K.
Dry
				weight
- The weight of hemp plant material with no greater than 12%
				moisture content.
L.
Grower
				license
- The document issued to an individual after a successful
				application and review process, and following departmental receipt of a signed
				license agreement and submission of all licensing fees. The license allows the
				individual to possess, cultivate, grow and harvest hemp under Maine
				law.
M.
Growing area
-
				The land or surface area on which a licensee cultivates or plans to cultivate
				hemp.
N.
Hemp
- The
				plant
Cannabis sativa
L. and any part of that plant, including
				the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts
				and salts of isomers, whether growing or not, with a total tetrahydrocannabinol
				concentration that is not more than 0.3% on a dry weight basis including any
				measurement of uncertainty, or as otherwise defined in federal law. "Hemp"
				includes agricultural commodities and products derived from hemp and topical or
				ingestible consumer products, including food, food additives, and food products
				derived from hemp, which in their final forms contain a total
				tetrahydrocannabinol concentration of not more than 0.3% including any
				measurement of uncertainty or as otherwise defined in federal law.
O.
Indoor facility
- A building,
				greenhouse, cold frame, hoop house, high tunnel, or other agricultural or
				horticultural method of enclosing the growing area.
P.
Key participant
- A person
				who has a direct or indirect financial interest in an entity producing hemp,
				such as an owner or partner in a partnership. Key participant also includes a
				person in a corporate entity at an executive level including a chief executive
				officer, chief operating officer and chief financial officer. Key participant
				does not include other management positions such as farm, field or shift
				managers. With respect to colleges and universities conducting hemp research,
				the principal investigator is considered the applicant, with co-principal
				investigators as key participants.
Q.
Law enforcement agency
- A
				federal, state, or local agency responsible for maintaining public order and
				enforcing the law, particularly activities involving prevention, detection, and
				investigation of crime, and the apprehension of violators.
R.
Licensee
- An individual
				possessing a hemp license.
S.
License agreement
- A document signed by the licensee agreeing to
				abide by these rules and any other terms and conditions the Department deems
				necessary for enforcing the hemp law.
T.
Licensing period
- The time
				in which a hemp license is valid. Licenses are issued for up to one year and
				expire on April 30.
U.
Lot
- A contiguous area in a field, greenhouse, or indoor growing
				structure containing the same variety or strain of cannabis throughout planted
				at the same time and intended to be harvested at the same time. A "lot" is
				defined by the producer in terms of farm location, field acreage, and variety
				(i.e., cultivar).
V.
Measurement of uncertainty
- 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.
W.
Non-contiguous growing area
- A growing area on which a licensee
				grows or plans to grow hemp that is separated from other growing areas by more
				than 50 miles.
X.
Performance
				based sampling
- An alternative sampling method to ensure, at a
				confidence level of 95 percent, that the cannabis plant species Cannabis sativa
				L variety or strain that will be subject to the alternative sampling method
				will not test above the acceptable hemp THC level
Y.
Planting date
- Planting date
				for an outdoor licensing agreement is the date seed is sown outdoors or when a
				seedling or clone is field planted. Planting date for an indoor licensing
				agreement is the day seed, seedlings or clones are planted inside.
Z.
Planting report
- A report
				each licensed grower must provide to the Department within 14 days after
				planting hemp seeds, seedlings or clones. The report includes a listing of the
				varieties of seeds, seedlings or clones planted in each lot and a copy of a
				certificate of analysis which indicates the parent plants for the planted seed,
				seedlings or clones were found to contain no more than 0.3% total THC on a dry
				weight basis or as otherwise defined in federal law for each lot and for each
				hemp variety or strain planted. The report includes a final legal description
				of the land area or indoor facility to be used for the production of hemp, and
				a map, aerial photograph or global positioning coordinates sufficient for
				locating each lot in each field, site or indoor facility where hemp is growing,
				the total acres planted, the type of propagule planted, the planting date and
				estimated harvest date.
AA.
Remediation
- The process of rendering non-compliant cannabis,
				compliant. Remediation can occur by removing and destroying flower material,
				while retaining stalk, stems, leaf material and seeds. Remediation can also
				occur by shredding the entire plant into a biomass like material, then
				re-testing the shredded biomass material for compliance.
BB.
Sample
- Plant parts taken
				as representative of an individual plant or the combined total plants in an
				individual lot in a growing area.
CC.
Seedling
- A hemp plant or
				rooted cutting that is not flowering, less than 24 inches in height and less
				than 24 inches in width.
DD.
Strain
- A group of plants or an individual plant that exhibit(s)
				distinctive observable physical characteristic(s) or has a distinct genetic
				composition.
EE.
Tetrahydrocannabinol (THC)
- Delta-9-tetrahydrocannabinol, the
				natural or synthetic equivalents of the substances contained in the plant, or
				in the resinous extractives of,
Cannabis sativa
L., or any
				synthetic substances, compounds, salts, or derivatives of the plant or
				chemicals and their isomers with similar chemical structure and pharmacological
				activity.
FF.
Tetrahydrocannabinolic Acid (THCA)
- the acid form of
				tetrahydrocannabinol contained in the plant which can be converted into
				delta-9-THC through decarboxylation of other chemical processes. On average
				87.7% of THCA is converted to delta-9-THC after decarboxylation.
GG.
Total THC
- On a dry weight
				basis, the post-decarboxylation value of THC, either after testing with gas
				chromatography or a similar chromatograph technique which uses heat that
				converts THCA from the acid form into the neutral form of THC or total THC can
				also be calculated using liquid chromatography (LC) which keeps the THCA
				intact. This technique requires use of the following conversion formula: [Total
				THC = (0.877 x THCA) + THC] which calculates the maximum total THC in a given
				sample.
HH.
Variety
-
				A group of plants or an individual plant that exhibit(s) distinctive observable
				physical characteristic(s) or has a distinct genetic composition. Varieties are
				also known as cultivars.