West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-30 - Hemp Products › Section 61-30-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Cannabidiol" or "CBD" means the compound by the same name derived from the
				hemp variety of the Cannabis sativa L plant.
2.2. "Cannabinoid" or "Phytocannabinoid"
				means any of the various naturally occurring, biologically active chemical
				constituents (such as cannabidiol or cannabinol) of hemp or cannabis, including
				those (such as THC) that possess psychoactive properties.
2.3. "Commercial sales" means the sale of
				products in the stream of commerce direct to the endpoint consumer.
2.4. "Commissioner" means the Commissioner of
				Agriculture or his or her designee.
2.5. "Consumable" means a hemp product
				intended for human and/or animal consumption.
2.6. "Crop" means hemp grown under a single
				registration.
2.7. "Department"
				means the West Virginia Department of Agriculture and its employees.
2.8. "Distributor" or "Seller" means any
				person who sells, exposes for sale, offers for sale, exchanges, barters, gives,
				parcels out, allots shares, or dispenses a hemp product.
2.9. "Grower" means a person, joint venture,
				cooperative, or any entity that produces hemp.
2.10. "Fiber product" or "hemp fiber product"
				means a hemp product that is manufactured with suitable fiber for textiles,
				rope, paper, hempcrete, building,, or fiber materials.
2.11. "Handling" means processing or storing
				hemp plants for any period of time on premises owned, operated, or controlled
				by a person licensed to cultivate or process hemp. "Handling" also includes
				processing or storing hemp plants in a vehicle for any period of time other
				than during its actual transport from the premises of one licensed person to
				cultivate or process hemp to the premises of another licensed person.
				"Handling" does not mean possessing or storing finished hemp
				products.
2.12. "Hemp" means all
				parts and varieties of the plant Cannabis sativa L and any part of the plant,
				including the seeds of the plant and all derivatives, extracts, cannabinoids,
				isomers, acids, salts, and salts of isomers, whether growing or not with no
				greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp
				defined in 7 U.S.C. §
										5940, whichever is greater.
2.13. "Hemp product" or "Hemp commodity"
				means any product derived from, or made by, processing hemp plants or plant
				parts, that are prepared in a form available for commercial sale. This
				includes, but is not limited to:
2.13.a. Hemp
				seed derivatives;
2.13.b. Hemp
				concentrates or extracts;
2.13.c.
				Hemp edibles and drinks;
2.13.d.
				Hemp tincture;
2.13.e. Hemp
				topicals and lotions;
2.13.f. Hemp
				transdermal patches;
2.13.g. Hemp
				fiber/fiber products;
2.13.h. Hemp
				seed processed such that it is incapable of germination and processed such that
				is suitable for human consumption;
2.13.i Hemp seed pressed or otherwise
				processed into oil;
2.13.j. Hemp
				aerosols;
2.13.k. Hemp vaping
				products;
2.13.l. Smokable hemp
				products that are properly packaged, labeled, and sealed in a manner approved
				by the Commissioner; and
2.13.m.
				Pet treats or by-products used in animal feed;
2.13.n. The term "hemp product" or "hemp
				commodity" does not include:
2.13.n.1. Hemp
				that has not been processed in any form;
2.13.n.2. Hemp that has been minimally
				processed, for purposes of transfer or storage, including chopping, separating,
				or drying; and
2.13.n.3.
				Agricultural hemp seed.