01-001-274 Me. Code R. § I

Current through 2024-44, October 30, 2024

Section 001-274-I - Definitions

A.Acceptable hemp THC level - The acceptable hemp THC level is when the application of the measurement of uncertainty to the reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that includes the total THC limit in the definition of hemp in Section I(P). For example, if the reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis is 0.35% and the measurement of uncertainty is +/-0.06%, the measured delta-9 tetrahydrocannabinol content concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41%. Because 0.3% is within the distribution or range, the sample is within the acceptable hemp THC level or as otherwise defined in federal law.

B.Biomass - Harvested hemp which includes the stalks and leaves and may include flowers, buds and/or seeds.

C.Cannabinoid - A group of closely related chemical compounds which include THC (tetrahydrocannabinol), THCA (tetrahydrocannabinolic acid), CBD (cannabidiol), CBDA (cannabidiolic acid), CBN (cannabinol), CBG (cannabigerol), CBC (cannabichromene), CBL (cannabicyclol), CBV (cannabivarin), THCV (tetrahydrocannabivarin), CBDV (cannabidivarin), CBCV (cannabichromevarin), CBGV (cannabigerovarin), CBGM (cannabigerol monomethyl ether), CBE (cannabielsoin), CBT (cannabicitran), and other active constituents that are naturally occurring in the Cannabis sativa L. plant.

D.Certificate of analysis - A report issued by a third-party ISO 17025 accredited laboratory, which indicates the delta-9-tetrahydrocannabinol, tetrahydrocannabinolic acid, and total tetrahydrocannabinol content of hemp on a dry weight basis.

E.Certified seed source - A source of hemp seeds that are certified by a third party as producing hemp having a total tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis or as otherwise defined in federal law. Certification may include a certificate of analysis from a third-party ISO 17025 accredited laboratory that indicates the parent plant seed source tested at or below 0.3% total tetrahdrocannabinol on a dry weight basis or as otherwise defined in federal law.

F.Clone - A hemp plant produced using any part of another hemp plant other than the seeds of that hemp plant.

G.Commercial purposes - Offering seed, plants, plant parts, extracts, or other derivatives of the hemp plant into commerce or distribution to another person for that purpose.

H.Criminal history report - A report detailing an individual's conviction status related to a controlled substance within the past 10 years for all 50 states and the federal level, which must be dated within sixty days prior to the date of application submission, to be renewed every three years.

I.Decarboxylation - The chemical reaction that converts THCA into delta-9 THC, the intoxicating component of cannabis. The decarboxylated value is also calculated using a molecular mass conversion ratio that sums delta-9 THC and eighty-seven and seven tenths (87.7) percent of THC-acid (Total THC=(delta-9 THC) +(0.877*THCA))

J.Department - The Maine Department of Agriculture, Conservation and Forestry.

K.Dry weight - The weight of hemp plant material with no greater than 12% moisture content.

L.Grower license - The document issued to an individual after a successful application and review process, and following departmental receipt of a signed license agreement and submission of all licensing fees. The license allows the individual to possess, cultivate, grow and harvest hemp under Maine law.

M.Growing area - The land or surface area on which a licensee cultivates or plans to cultivate hemp.

N.Hemp - The plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration that is not more than 0.3% on a dry weight basis including any measurement of uncertainty, or as otherwise defined in federal law. "Hemp" includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives, and food products derived from hemp, which in their final forms contain a total tetrahydrocannabinol concentration of not more than 0.3% including any measurement of uncertainty or as otherwise defined in federal law.

O.Indoor facility - A building, greenhouse, cold frame, hoop house, high tunnel, or other agricultural or horticultural method of enclosing the growing area.

P.Key participant - A person who has a direct or indirect financial interest in an entity producing hemp, such as an owner or partner in a partnership. Key participant also includes a person in a corporate entity at an executive level including a chief executive officer, chief operating officer and chief financial officer. Key participant does not include other management positions such as farm, field or shift managers. With respect to colleges and universities conducting hemp research, the principal investigator is considered the applicant, with co-principal investigators as key participants.

Q.Law enforcement agency - A federal, state, or local agency responsible for maintaining public order and enforcing the law, particularly activities involving prevention, detection, and investigation of crime, and the apprehension of violators.

R.Licensee - An individual possessing a hemp license.

S.License agreement - A document signed by the licensee agreeing to abide by these rules and any other terms and conditions the Department deems necessary for enforcing the hemp law.

T.Licensing period - The time in which a hemp license is valid. Licenses are issued for up to one year and expire on April 30.

U.Lot - A contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis throughout planted at the same time and intended to be harvested at the same time. A "lot" is defined by the producer in terms of farm location, field acreage, and variety (i.e., cultivar).

V.Measurement of uncertainty - The parameter, associated with the result of a measurement, that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.

W.Non-contiguous growing area - A growing area on which a licensee grows or plans to grow hemp that is separated from other growing areas by more than 50 miles.

X.Performance based sampling - An alternative sampling method to ensure, at a confidence level of 95 percent, that the cannabis plant species Cannabis sativa L variety or strain that will be subject to the alternative sampling method will not test above the acceptable hemp THC level

Y.Planting date - Planting date for an outdoor licensing agreement is the date seed is sown outdoors or when a seedling or clone is field planted. Planting date for an indoor licensing agreement is the day seed, seedlings or clones are planted inside.

Z.Planting report - A report each licensed grower must provide to the Department within 14 days after planting hemp seeds, seedlings or clones. The report includes a listing of the varieties of seeds, seedlings or clones planted in each lot and a copy of a certificate of analysis which indicates the parent plants for the planted seed, seedlings or clones were found to contain no more than 0.3% total THC on a dry weight basis or as otherwise defined in federal law for each lot and for each hemp variety or strain planted. The report includes a final legal description of the land area or indoor facility to be used for the production of hemp, and a map, aerial photograph or global positioning coordinates sufficient for locating each lot in each field, site or indoor facility where hemp is growing, the total acres planted, the type of propagule planted, the planting date and estimated harvest date.

AA.Remediation - The process of rendering non-compliant cannabis, compliant. Remediation can occur by removing and destroying flower material, while retaining stalk, stems, leaf material and seeds. Remediation can also occur by shredding the entire plant into a biomass like material, then re-testing the shredded biomass material for compliance.

BB.Sample - Plant parts taken as representative of an individual plant or the combined total plants in an individual lot in a growing area.

CC.Seedling - A hemp plant or rooted cutting that is not flowering, less than 24 inches in height and less than 24 inches in width.

DD.Strain - A group of plants or an individual plant that exhibit(s) distinctive observable physical characteristic(s) or has a distinct genetic composition.

EE.Tetrahydrocannabinol (THC) - Delta-9-tetrahydrocannabinol, the natural or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, Cannabis sativa L., or any synthetic substances, compounds, salts, or derivatives of the plant or chemicals and their isomers with similar chemical structure and pharmacological activity.

FF.Tetrahydrocannabinolic Acid (THCA) - the acid form of tetrahydrocannabinol contained in the plant which can be converted into delta-9-THC through decarboxylation of other chemical processes. On average 87.7% of THCA is converted to delta-9-THC after decarboxylation.

GG.Total THC - On a dry weight basis, the post-decarboxylation value of THC, either after testing with gas chromatography or a similar chromatograph technique which uses heat that converts THCA from the acid form into the neutral form of THC or total THC can also be calculated using liquid chromatography (LC) which keeps the THCA intact. This technique requires use of the following conversion formula: [Total THC = (0.877 x THCA) + THC] which calculates the maximum total THC in a given sample.

HH.Variety - A group of plants or an individual plant that exhibit(s) distinctive observable physical characteristic(s) or has a distinct genetic composition. Varieties are also known as cultivars.

01-001 C.M.R. ch. 274, § I