Ala. Admin. Code r. 80-10-21-.05

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

Section 80-10-21-.05 - Land Use Restriction For Licensed Growers

(1) A licensed grower shall not plant or grow any cannabis that is not hemp.

(2) A licensed grower shall not plant or grow hemp or other cannabis on any site not listed in the grower licensing agreement.

(3) A licensed grower shall not grow hemp or other cannabis in any structure that is used for residential purposes.

(4) A licensed grower shall not handle or store leaf or floral material from hemp or other cannabis in any structure that is used for residential purposes.

(5) Hemp shall be physically segregated from other crops unless prior approval is obtained in writing from the department.

(6) A licensed grower shall not plant hemp or other cannabis plants in an outdoor growing location of less than one acre and 1,000 plants unless prior approval is received in writing from the department.

(7) A licensed grower shall not grow hemp or other cannabis in any outdoor field or site that is located within 1,000 feet of a school or a public recreational area or any location that would cause concern to the public interest without prior approval from the department.

(8) An applicant or licensed grower shall not include any property on his or her application or Site Modification Form to grow or cultivate hemp that is not owned or completely controlled by the applicant or licensed grower.

(9) A licensed grower shall not grow, handle, or store hemp or other cannabis on property owned by, leased from, or previously submitted in a license application by any person who is ineligible or was terminated, or denied admission to the program for one (1) or both of the following reasons:

(a) Failure to obtain an acceptable criminal background check; or

(b) Failure to comply with an order from a representative of the department.

(10) A licensed grower shall not plant hemp or other cannabis plants in an indoor growing location of less than 1500 square feet and 500 plants unless prior approval is received in writing from the department.

Ala. Admin. Code r. 80-10-21-.05

Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 12/30/2018.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 02, November 30, 2021, eff. 1/14/2022.

Author: N. Gunter Guy Jr.

Statutory Authority:Code of Ala. 1975, § 2-8-383.