South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:01 - Definitions › Section 44:90:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL 34-20G-1 have the same meaning when
				  used in this article. As used in this article mean:
(1) "Action level," mean the level of a
				contaminate that triggers action to prohibit a cannabis product from being
				sold;
(2) "Age-restricted
				cardholder," a cardholder or nonresident cardholder who is under 18 years of
				age or who is a student as described in §23:80:02:07;
(3) "Agent identification badge," a
				credential provided by an establishment for use by an agent while performing
				work-related duties;
(4) "Allowable
				quantity of cannabis products," an amount of cannabis products that may be
				possessed by a cardholder or nonresident cardholder pursuant to SDCL
				34-20G-1(1)(b) and (c). This term does not apply to drugs approved by the Food
				and Drug Administration;
(5)
				"Analyte," a chemical, compound, element, bacteria, yeast, fungus, or toxin
				that is identified or measured by testing;
(6) "Analytical test," the use of a single
				technology to detect the presence or concentration of a single analyte on one
				or more matrices;
(7) "Authorized
				transfer," the distribution of cannabis and cannabis products between medical
				cannabis establishments that is allowable within inventory tracking system
				procedures;
(8) "Batch," a specific
				quantity of cannabis that is the same strain, grown under the same conditions,
				and harvested during a specified period of time from a specified cultivation
				area within a cultivation facility, with the exception of trim; or a specific
				quantity of cannabis products that is produced during a specified period of
				time using the same extraction or manufacturing method, formulation, and/or
				recipe;
(9) "Batch identifier," a
				unique number or code assigned by an establishment to a quantity of cannabis or
				cannabis products for testing;
(10)
				"Cannabinoid," any of the chemical compounds that are the active elements of
				cannabis;
(11) "Cannabis beverage,"
				a liquid edible cannabis product with a concentration of less than one
				milligram of per ounce of liquid;
(12) "Cannabis extract," the resin extracted
				from any part of a cannabis plant using a liquid or gaseous solvent other than
				water;
(13) "Cannabis oil," an
				edible cannabis product using a food-safe oil as the primary noncannabis
				ingredient and with no added flavors, colors, or scents;
(14) "Cannabis testing facility designee," a
				person or entity contracted or designated by the testing facility that has
				documented authorization from the testing facility and has completed the
				required training for the purposes of sample collection;
(15) "Cannabis waste," cannabis flower or
				trim, cannabis seeds, cannabis products, byproducts containing cannabis, or
				cannabis plants, excluding stalks without trichomes and root balls, that have
				been designated for destruction;
(16) "Certificate of analysis," a written
				report of the results of analytical testing, indicating whether the results
				comply with this article;
(17)
				"Chain of custody," documentation of the handling of cannabis and cannabis
				products;
(18) "Collective," two or
				more cardholders who physically assist each other in the act of cultivating or
				processing cannabis for medical use, except that the sharing of an enclosed,
				locked facility for cultivation by two or more cardholders in their own
				dwelling is not a collective;
(19)
				"Competitive application," a medical cannabis establishment application that is
				scored numerically by the department, in cases where more applicants apply than
				are allowed by the local government;
(20) "Concentrated cannabis" or "cannabis
				concentrate," cannabis extract or a preparation made by using heat,
				temperature, or mechanical means to separate cannabinoids from cannabis,
				including hashish;
(21)
				"Confirmation testing," testing performed by, or at the direction of, the
				department to determine consistency and accuracy of tests offered by cannabis
				testing facilities;
(22)
				"Diversion," the act of selling, gifting, or transferring medical cannabis to a
				non-cardholder, an unauthorized person, or an unlicensed
				establishment;
(23) "Equivalent
				cannabis weight," the weight, in ounces, that a given quantity of cannabis
				product counts against the total allowable amount of cannabis under SDCL
				34-20G-1(1);
(24) "Exit packaging,"
				a bag, box, or other container for use in transporting cannabis or cannabis
				products after purchase at a dispensary;
(25) "Final form," the condition cannabis or
				a cannabis product is in immediately prior to transfer to a medical cannabis
				establishment and immediately prior to presentation for retail sale;
(26) "Flower," the pistillate reproductive
				organs of a mature cannabis plant, whether processed or unprocessed, including
				the flowers and buds of the plant;
(27) "Immature plant," a nonflowering
				cannabis plant that measures 12 twelve inches or more from the base of the main
				plant stalk to the most distant point of the plant's leaf stems or
				branches;
(28) "Index factor," the
				annual percentage change in the consumer price index for urban wage earners and
				clerical workers as computed by the Bureau of Labor Statistics of the United
				States Department of Labor, for the year immediately preceding the year of
				adjustment;
(29) "Inhalable
				cannabis product," a cannabis product that is intended to be consumed by
				inhalation;
(30) "Inherently
				hazardous substance," any solvent or chemical, other than ethanol, with a flash
				point at or lower than 100 one hundred degrees Fahrenheit;
(31) "Inventory record," a daily electronic
				record of all cannabis;
(32)
				"Inventory tracking system," an electronic system specified by the department
				for the purposes of identifying and preventing diversion and protecting
				patients from unsafe cannabis or cannabis products;
(33) "ISO/IEC 17025 accreditation,"
				accreditation by the International Accreditation Service, the American
				Association for Laboratory Accreditation, the American National Standards
				Institute's National Accreditation Board, or another laboratory accreditation
				board that the testing facility meets
General Requirements for the
				Competence of Testing and Calibration Laboratories
developed by the
				International Organization for Standardization and the International
				Electrotechnical Commission for a particular analyte and technology;
(34) "Low-income," having a gross monthly
				household income that is 130 one hundred thirty percent or less of the federal
				poverty level as defined by §
									67:11:01:03;
(35) "Marketing layer," the outermost layer
				of a retail sale container predominantly apparent and visible;
(36) "Matrix," a component or substrate that
				contains an analyte being tested for;
(37) "Mature plant," a cannabis plant that
				has flowered;
(38) "Nationally
				recognized testing laboratory," an independent laboratory recognized by the
				Occupational Health and Safety Administration pursuant to
				29 C.F.R. §
										1910.7 (February 18, 2020);
(39) "Nonusable," unfit for sale or, except
				for the purposes of remediation, transfer;
(40) "Remediation," the further processing of
				a batch of cannabis or cannabis products that has failed testing, using a
				process approved by the department to address the reasons for the
				failure;
(41) "Representative
				sample," the amount of cannabis and cannabinoids within the product being
				consistent and reasonably equally dispersed throughout the product or each
				portion of the product;
(42)
				"Sample identifier," a unique number or code assigned to a sample to be tested
				by a testing facility, either by the establishment submitting the sample or an
				agent of the testing facility;
(43)
				"Seedling," a nonflowering cannabis plant or rooted cutting that measures less
				than 12 twelve inches from the base of the main plant stalk to the most distant
				point of the plant's leaf stems or branches;
(44) "Smokable form," in a form of cannabis
				or cannabis product marketed to be heated in the presence of oxygen and inhaled
				through smoking;
(45) "Synthetic,"
				formulated or manufactured by a chemical process or by a process that
				chemically changes a substance extracted from naturally occurring plant,
				animal, or mineral sources;
(46)
				"Testing sample record," a daily electronic record maintained by an
				establishment of batch identifiers, sample identifiers, and associated
				information;
(47) "THC," delta-9
				tetrahydrocannabinol, the primary psychoactive cannabinoid found in the
				Cannabis sativa plant;
(48)
				"Tincture," a liquid, unflavored edible cannabis product with a concentration
				of greater than one milligram of THC per ounce of liquid in the form of
				ethanol, propylene glycol, glycerin, or food safe oil;
(49) "Topical cannabis product," a nonedible
				cannabis product that is intended to be applied externally to the
				skin;
(50) "Total THC," the
				percentage of cannabis or a cannabis product calculated as (Percentage of
				tetrahyrdocannabinolic acid times 0.877) plus the percentage of
				tetrahyrocannabinol;
(51)
				"Transaction record," a daily electronic record created and maintained by a
				dispensary to track transactions with patients;
(52) "Transfer record," a daily electronic
				record of any acquisition of seeds, seedlings, plants, cannabis, or cannabis
				products and any transfer of cannabis or cannabis products to another medical
				cannabis establishment;
(53)
				"Trim," trichome-containing leaves of the cannabis plant that have been
				intentionally removed during cultivation; and
(54) "Vaporizer product," an inhalable
				cannabis product containing only concentrated cannabis that is heated below the
				point of combustion.
General Authority:
SDCL
					 34-20G-72.
Law Implemented:
SDCL
					 34-20G-72.
International Organization for Standardization &
					 International Electrotechnical Commission. (2018). ISO/IEC 17025:2017: General
					 Requirements for the Competence of Testing and Calibration Laboratories.
https://www.iso.org/standard/66912.html
.
					 Cost: $138.
Federal poverty level, §
											67:11:01:03.