Ala. Admin. Code r. 80-10-21-.09

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

Section 80-10-21-.09 - Inspections And Sampling

(1) All licensees are subject to sampling of their industrial hemp crop to verify that the THC concentration does not exceed 0.3% on a dry mass basis.

(2) During the inspection, the licensee or authorized representative shall be present at the growing area research site, storage area, or other building facility. The licensee or authorized representative shall provide the Department's inspector with complete and unrestricted access to all industrial hemp plants and seeds whether growing or harvested, all land buildings, and other structures used for the cultivation and storage of industrial hemp, and all documents and records pertaining to the licensee's industrial hemp business.

(3) Sampling of industrial hemp plants will occur in the following manner:

(a) Samples of each variety of industrial hemp may be sampled from the growing area, research site, storage area, or building facility at the Commissioner's discretion.

(b) Quantitative laboratory determination of the THC concentration on a dry mass basis will be performed according to protocols approved by the Commissioner.

(c) A sample test result greater than 0.3% THC will be considered conclusive evidence that at least one Cannabis plant or part of a plant in the growing area, research site, storage area, or building facility contains a THC concentration over the limit allowed for industrial hemp and that the licensee of that growing area, research site, storage area, or building facility is therefore not in compliance with the Act. Upon receipt of such a test result, the Commissioner may summarily suspend and revoke the registration of an industrial hemp licensee. The Commissioner shall furnish to the licensee a portion of the violative sample if the licensee requests it within 30 days of notification.

(d) After the Department obtains a sample, licensees shall not move any Cannabis plant or plant product from the area represented by the sample until the Department determines the same tests no higher than 0.3% THC on a dry mass basis.

(4) Fees. Licensees shall pay a charge of $250 dollars per inspection for each growing area, research site, storage area, or building facility.

(5) Destruction.

(a) Cannabis plants found to be in violation of the Act or this Chapter shall be destroyed in accordance with a departmental directive or destruction order.

(b) Destruction of any plants or plant products under this rule shall be performed in accordance with a directive from the Commissioner, which may include destruction by any means necessary for reasonable that all Cannabis plants exceeding allowable limits of THC concentration are destroyed, e.g. by removal and incineration, field burning, deep burial, or other means authorized by the Department.

(6) Administrative Appeal. Any licensee aggrieved by an order issued under this Chapter may submit a written request for a hearing within 15 days of the date of the destruction order being issued. If no petition is filed with the department within the 15-day period, the Department's order shall become final and will not be subject to review. For purposes of any hearing under this Chapter, any Cannabis plant grown or processed by a licensee under the Department's industrial hemp pilot program shall be considered property of the Department for researching the growth, cultivation, and marketability of industrial hemp and not a legal right, duty, or privilege of the licensee.

Ala. Admin. Code r. 80-10-21-.09

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

Author: N. Gunter Guy Jr.

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