W. Va. Code R. § 61-39-40

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-39-40 - Definitions Specific to Industrial Hemp Seed Production

40.1. "Approved Cultivar" means any variety designated as eligible for production by federal or local regulatory authorities.

40.2. "Approved Laboratory" means a laboratory approved by the commissioner under this article.

40.3. "Commissioner" means the Commissioner of Agriculture of the State of West Virginia or his or her duly authorized agent.

40.4. "Dioecious type" means a type of industrial hemp that has male and female flowers on separate plants.

40.5. "Industrial hemp" means all parts and varieties of the genera Cannabis, cultivated or possessed by a grower, whether growing or not, that contain a THC concentration of .03 percent or less by dry weight.

40.6. "Industrial hemp seed production" means an industrial hemp seed production field established with an appropriate generation of certified seed intended to produce a subsequent generation of certified seed.

40.7. "Monoecious type" means a type of industrial hemp that has male and female flowers on the same plant.

40.8. "Tetrahydrocannabinol" or "THC" means the natural or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis, or any synthetic substances, compounds, salts, or derivatives of the plant or chemicals and their isomers with similar chemical structure and pharmacological activity.

40.9. "Too male" means an intersexual plant that exceeds the ratio of male and female flowers as described in the variety description.

40.10. "Unisexual female" means a monoecious type of industrial hemp plant that has a sterile male and fertile female flowers.

40.11. "Unisexual female hybrid" means a hybrid where the A line is a unisexual female type and the B line produces fertile male flowers.

40.12. "Volunteer plant" means an industrial hemp plant that results from a previous crop.

40.13. "West Virginia landrace cannabis seed" means seed from the plant Cannabis sativa that possesses characteristics of a unique and specialized cannabis seed variety that is present in West Virginia or has been recognized as produced in West Virginia.

W. Va. Code R. § 61-39-40