Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Acceptable Hemp THC Level"
means when a
				  laboratory tests a sample, it shall report the delta-9 tetrahydrocannabinol
				  content concentration level on a dry weight basis and the measurement of
				  uncertainty. The acceptable hemp THC level, for the purpose of compliance with
				  the requirements of the state hemp plan, 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 0.3% or less.
"Building"
means any single standing structure
				  with walls and a roof but shall not include separate structures connected by
				  corridors or breezeways.
"Cannabis"
means the plant that, depending upon
				  its THC concentration level, is further defined as either "hemp" or
				  "marijuana". Cannabis is 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
				  where the delta-9 tetrahydrocannbinol concentration on a dry weight basis has
				  not yet been determined. The term "Cannabis" is important in describing
				  regulations that apply to plant production, sampling, or handling prior to
				  determining the plant's THC content.
"Contiguous field"
means any contiguous tract of
				  land used for the cultivation of industrial hemp and may include contiguous
				  tracts of land occasionally intersected by roads, streams, or other natural
				  features but shall not include a tract or tracts of land intersected by
				  property owned by a third party or gaps in the cultivation of industrial hemp
				  exceeding one quarter of a mile.
"Controlled Substances Act (CSA)"
means the
				  federal statutes, codified at 21 U.S.C. 801-971, establishing federal U.S. drug
				  policy under which the manufacture, importation, exportation, possession, use,
				  and distribution of certain substances is regulated. Because cannabis
				  containing THC concentration levels of higher than 0.3 percent is deemed to be
				  marijuana, a schedule I controlled substance, its regulation falls under the
				  authorities of the CSA. The requirements of the CSA are relied upon for the
				  disposal of cannabis that contains THC concentrations above 0.3 percent.
"Cultivation"
means the act of planting,
				  growing, or harvesting industrial hemp and any related agricultural
				  activities.
"Cultivation site"
means the contiguous field,
				  building, storage area, or processing area in which one or more varieties of
				  industrial hemp may be lawfully cultivated, stored, or processed.
"Decarboxylated"
means the completion of the
				  chemical reaction that converts THC acid (THCA) into 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 THCA. This term, commonly used in scientific
				  references to laboratory procedures, is the precursor to the term
				  "post-decarboxylation," a term used in the 2018 Farm Bill's mandate over
				  cannabis testing methodologies to identify THC concentration levels.
"Delta-9 tetrahydrocannabinol", "Delta-9 THC"
or
"THC"
means the primary psychoactive component of cannabis. Hemp
				  production shall be verified as having THC concentration levels of 0.3 percent
				  or less on a dry weight basis.
"Department"
means the Oklahoma Department of
				  Agriculture, Food, and Forestry, its employees, officers, and divisions.
"Growing area"
means the portion of a contiguous
				  field or building in which a single variety of industrial hemp is planted,
				  grown, and harvested.
"Handling"
means possessing or storing
				  industrial hemp for any period of time on premises owned, operated, or
				  controlled by a person licensed to cultivate or process industrial hemp.
				  Handling includes possessing or storing industrial 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 industrial hemp to the premises of
				  another licensed person.
"Industrial hemp"
means the plant Cannabis
				  sativa L.and any part of the plant, including the seeds thereof, and all
				  derivatives, extracts, cannabinoids, isomers, acids, salts and salts of
				  isomers, whether growing or not, with a delta-9 tetrahydrocannabinol
				  concentration of not more than three-tenths of one percent (0.3%) on a dry
				  weight basis.
"Key participants"
means a person or persons who
				  have a direct or indirect financial interest in an entity producing hemp, such
				  as an owner or a partner in a partnership. Executive level corporate employees,
				  including chief executive officer, chief operating officer, and chief financial
				  officer shall be considered Key Participants. Management level positions such
				  as farm, field, and shift managers shall not be considered Key
				  participants.
"License"
means authorization by the Department
				  for any person to grow and cultivate industrial hemp on a registered land area
				  as part of the Oklahoma Industrial Hemp Program.
"Licensee"
means a person who holds a valid
				  Industrial Hemp License to grow industrial hemp under the Oklahoma Industrial
				  Hemp Program.
"Postdecarboxylation"
means testing
				  methodologies for THC concentration levels in hemp, where the total potential
				  delta-9-tetrahydrocannabinol content, derived from the sum of the THC and THCA
				  content, is determined and reported on a dry weight basis. The
				  postdecarboxylation value of THC can be calculated by using a chromatograph
				  technique using heat, known as gas chromatography, through which THCA is
				  converted from its acid form to its neutral form, THC. The result of this test
				  calculates total potential THC. The postdecarboxylation value of THC can also
				  be calculated by using a high-performance liquid chromatograph technique, which
				  keeps the THCA intact, and requires a conversion calculation of that THCA to
				  calculate total potential THC.
"Processing"
means converting industrial hemp
				  into a marketable form, including the production of all derivatives, extracts,
				  cannabinoids, isomers, acids, salts and salts of isomers.
"Processing area"
means any physical location in
				  which entire harvested plants are altered by any manner of mechanical,
				  chemical, or other processing techniques. The processing area need not be
				  located on or near the contiguous field or building in which industrial hemp is
				  cultivated but shall be considered as part of the cultivation site.
"Produce"
refers to the propagation of cannabis
				  to produce hemp.
"Storage area"
means any physical location in
				  which harvested plants or plant parts are stored. The storage area need not be
				  located on or near the contiguous field or building in which industrial hemp is
				  cultivated but shall be considered as part of the cultivation site.
"Subcontractor"
means a person or business
				  entity that has contracted with an institutional licensee and provides
				  supplies, labor, land, or expertise related to the institutional licensee's
				  participation in the Oklahoma Industrial Hemp Program.
"USDA"
means the United States Department of
				  Agriculture.