Ala. Admin. Code r. 538-X-5-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 538-X-5-.05 - [Effective 11/14/2024] Requirements for Cultivators

(1)Enclosed Facility and Cultivation Requirements.

(a) All cannabis must be cultivated in an enclosed facility.

(b) Cultivators must take steps to limit the visibility of cannabis, in any form, from outside the perimeter barrier of their facilities.

(c) Each cannabis plant or batch of cannabis plants must be cultivated in an individual receptacle containing soil or growing media, so as to foster portability, limit cross-contamination, and facilitate proper monitoring of each plant.

(d) Containers may be for individual plants or for batches of plants as long as each plant is clearly identified and traceable.

(e) No cultivation is allowed outdoors or directly in the ground.

(2)Cultivar Approval. Cultivators may only cultivate cannabis cultivars approved by the commission prior to acquisition of plant material. Cultivars cannot be derived from hemp or industrial hemp as defined by Ala. Admin. Code Rule 80-10-21-.02(19) but must be derived from cannabis plants that have a high likelihood of producing medical cannabis.

(3)Pesticide Usage and Testing.

(a) Cultivators shall fully comply with all laws and administrative rules relating to the usage of pesticides in the State of Alabama.

(b) The commission, or its representative or agent, may perform pesticide testing on a random basis or if representatives of the commission have reason to believe that a pesticide may have been applied to cannabis in violation of the product label.

(c) At least quarterly, Cultivators shall, at their own cost, have their cannabis sampled by a State Testing Laboratory to ensure that no pesticides or other hazardous substances are present in the cannabis material. Cultivators must maintain records of these tests for at least two years and provide the results to the commission, upon request. Nothing in this Rule shall preclude a Cultivator from conducting or seeking, at its own cost, in-house or independent third-party testing of cannabis at any other time before, at, or after the time of harvest.

Ala. Admin. Code r. 538-X-5-.05

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 11/14/2024.

Author: Justin C. Aday

Statutory Authority:Code of Alabama 1975, § 20-2A-22, as Adopted.