3 Del. Admin. Code § 805-3.0
The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:
"Acceptable hemp THC level" means post decarboxylated delta-9 tetrahydrocannabinol concentration equal to or less than 0.3% on a dry weight basis, as reported by a USDA-approved laboratory. The designated laboratory will also report the measurement of uncertainty (MU), 0.3% must fall within the reported MU.
"Applicant" means an individual, or an individual authorized to sign for a business entity, who applies for a license or registration.
"Authorized representative" means an individual designated by a licensed producer to act as a point of contact on behalf of the licensed producer. This individual must be indicated on the Delaware Domestic Hemp Production Program application.
"Cannabis" means any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined or that has been determined to be above the acceptable hemp THC level.
"Composite sample" means a collection of cuttings from an individual lot.
"Corrective action plan" means a plan set forth by the Department for a licensed producer to correct a negligent violation of, or non-compliance with, the State of Delaware hemp production plan. This term is defined in accordance with the Agriculture Improvement Act of 2018, which mandates certain non-compliance actions to be addressed through corrective action plans.
"Criminal History Report" means a report detailing an individual's conviction status related to a controlled substance within the past 10 years at the state or federal level. The report must be dated within 120 days prior to the date of application submission and is required to be renewed every three years. A Criminal History Report is required for all key participants.
"Culpable mental state greater than negligence" means to act intentionally, knowingly, willfully, or recklessly or with criminal negligence.
"Cuttings" means flowering material of cannabis plant material collected for a sample.
"Decarboxylated" means the completion of the chemical reaction that converts THC-acid into delta-9-THC. The decarboxylated value may also be calculated using a conversion formula that sums delta-9-THC and THC-acid. The Department will consider the THC concentration level after this process, which is the post decarboxylated level.
"Delta-9-THC" means delta-9-tetrahydrocannabinol concentration (the primary intoxicating component of cannabis).
"Department" means the Delaware Department of Agriculture.
"Destruction methods" means the use of farm equipment to mechanically manipulate the soil or the plant to render a cannabis crop non-retrievable within an indoor or outdoor growing site. The Department will not regulate the removal of male plants.
"Dry weight basis" means a method of determining the percentage of a chemical in a substance after removing the moisture from the substance. Percentage of THC on a dry weight basis means the percentage of THC, by weight, in a cannabis item (plant, extract, or other derivative), after excluding moisture from the item.
"Farm service agency" or "FSA" means an agency of the U.S. Department of Agriculture that provides services to farm operations that will assist in information collection on land being used for hemp production.
"Flower material" means the complete inflorescence of the cannabis plant.
"Geospatial location" means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object.
"Growing site" -
"Indoor Growing Site" means an enclosed building with the same tax identification number, excluding any outdoor growing site, that can be secured and locked, in which cannabis plants are grown. Registration of a site must include a map, which contains a geospatial location of the site where hemp will be grown.
"Outdoor Growing Site" means a field location with the same tax identification number, excluding any indoor growing site, where cannabis seeds or plants are planted in the ground. Registration of a site must include a map, which contains a geospatial location of the site where hemp will be grown.
"Handler" means an individual, other than a producer or processor, transporting or storing hemp or hemp plant parts prior to the delivery of such plant or plant part for processing.
"Hemp" means all parts and varieties of the plant Cannabis sativa L. and any part of such plant cultivated or possessed by a license holder or registration holder, whether growing or not, with a post decarboxylated delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
"Homogenous" or "homogeneity" means a like plant variety in an individual lot.
"Key participants" means person or persons who have a direct or indirect financial interest in the entity producing or processing hemp, such as an owner or partner in a partnership. A key participant also includes persons in a corporate entity at executive levels including CEO, COO, and CFO. This does not include other management positions like farm, field, or shift managers.
"Laboratory" means a USDA-approved laboratory used by the Department to conduct regulatory testing for THC concentration levels in cannabis.
"License holder" means an individual or business entity authorized by the Department to grow, transport, or store hemp plants or plant parts.
"Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis throughout. Lot also refers to the batch or contiguous, homogenous whole of a product being sold to a single buyer at a single time. Lot is defined by the producer in terms of farm location, planting date, and variety and is to be reported as such to the FSA.
"Measurement of uncertainty" or "MU", means the parameter associated with the results of a measurements that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement, if a sample measure of 0.3% THC falls within the MU range then the sample meets acceptable hemp THC levels.
"Negligent" means failure to exercise the level of care that a reasonably prudent person would exercise in complying with these regulations. Licensed producers that are found operating negligently will be required to perform a Corrective Action Plan.
"On-site" means a registered growing site as indicated on an Annual Growing Site Registration or Growing Site Modification form.
"Processor" means an individual or business entity that conducts processes that convert hemp in any way, to include drying down and packaging.
"Processor facility" means an enclosed building that can be secured and locked in which hemp is processed. Registration of a facility must include a map, which contains a geospatial location of the site where hemp will be grown.
"Producer" means an individual, who is 18 years of age or older, or business entity possessing a Producer License issued by the Department under the authority of this chapter to grow, cultivate, harvest, store, or transport hemp or hemp products. Including individuals growing transplants, seedlings, or clones. Once licensed the term "licensed producer" shall be used.
"Production" means to grow or cultivate hemp plants for market.
"Program" means the Delaware Domestic Hemp Production Program.
"Sample" means a composite sample collected by the Department.
"Sampling agent" means an individual employed by the Department to collect, label, and submit cannabis samples to a designated testing laboratory.
"USDA" means the United States Department of Agriculture.
3 Del. Admin. Code § 805-3.0
24 DE Reg. 861 (3/1/2021) (final)