Section 33-44-01-01 - DefinitionsIn this chapter, unless the context otherwise requires:
1. "Activation time" means the amount of time it is likely to take for an individual to begin to feel the effects of ingesting or inhaling usable marijuana.2. "Adverse reaction" means an unwanted, unexpected, or dangerous effect caused by the administration of usable marijuana dispensed pursuant to North Dakota Century Code chapter 19-24.1.3. "Analyte" means a component, substance, or chemical or microbiological constituent that is of interest in an analytical procedure or test.4. "Batch" means a quantity of dried leaves and flowers from a harvest lot, a quantity of cannabinoid concentrate, or medical cannabinoid product from a process lot.5. "Compliance test" means a test required by these rules to be performed by a laboratory selected by the department in order to allow the transfer or sale of usable marijuana.6. "Container" means a sealed, hard- or soft-bodied receptacle in which usable marijuana is placed.7. "Container identification number" means the identification number that was generated by the manufacturing facility at the time the usable marijuana was packaged and labeled for sale to the dispensary.8. "Cotyledons" means an embryonic leaf of a plant, one or more of which are the first leaves to appear.9. "Date of harvest" means the date the mature marijuana plants in a harvest lot were removed from the soil or other growing media. If the harvest occurred on more than one day, the "date of harvest" is the day the last mature marijuana plant in the harvest lot was removed from the soil or other growing media.10. "Degradation compound" or "Pesticide degradate" means a resultant product from the transformation of a parent compound to a product with different physical and chemical properties, the fate and significance of which, is altered due to the structural changes.11. "Harvest lot" means a specifically identified quantity of the same strain of marijuana that is cultivated utilizing the same growing practices, harvested within a seventy-two-hour period at the same location, and cured under uniform conditions.12. "Hazardous waste" means the same as defined in North Dakota Century Code chapter 23-20.3.13. "Laboratory" means a laboratory selected by the department in accordance with section 33-44-01-36 to sample and conduct tests in accordance with these rules.14. "Medical marijuana waste" means the same as defined in North Dakota Century Code chapter 19-24.1.15. "Net weight" means the gross weight minus the tare weight of the packaging.16. "Parent compound" means the original molecular structure from which other compounds can be derived through a chemical reaction or natural breakdown process.17. "Pediatric symbol" means the image, established by the department and made available to manufacturing facilities, indicating the product complies with the pediatric medical marijuana maximum concentration limit as defined in North Dakota Century Code chapter 19-24.1.18. "Plant" means a marijuana plant that has produced cotyledons or a cutting of a marijuana plant that has produced cotyledons.19. "Process lot" means any amount of:a. Cannabinoid concentrate of the same type and processed within a forty-eight-hour period, unless prior written authorization is received from the department, using the same extraction methods, standard operating procedures, and batches, not to exceed three, of the same strain from the same or a different harvest lot; orb. Medical cannabinoid product of the same type and processed within a forty-eight-hour period, unless prior written authorization is received from the department, using the same ingredients, standard operating procedures, and a process lot or process lots, not to exceed three, of cannabinoid concentrate as defined in subsection a.20. "Product identity" means a common name of the product that is contained in the package.21. "Remediation" means a process used by a manufacturing facility to remedy a lot or batch that has failed testing.22. "Sterilization" means the removal of all micro-organisms and other pathogens from usable marijuana by treating it with approved chemicals or subjecting it to high heat.23. "Tentatively identified compounds" means compounds detected in a sample using gas chromatography mass spectrometry or liquid chromatography mass spectrometry that are not among the target analytes for the residual solvent analysis and pesticide and mycotoxin analysis.24. "Test sample" means anything collected by a laboratory from a compassion center for testing.25. "Unit of sale" means an amount of usable marijuana commonly packaged in a container for transfer to a registered qualifying patient or registered designated caregiver, or capable of being packaged in a container for transfer to a registered qualifying patient or registered designated caregiver.26. "Universal symbol" means the image, established by the department and made available to manufacturing facilities, indicating the product contains marijuana.27. "Water activity" means a measure of the free moisture in usable marijuana and is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol aw.28. "Written notice" means a notice provided to the department via letter, electronic mail, or other electronic form or medium made available on the department's website.N.D. Admin Code 33-44-01-01
Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018Amended by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.Amended by Administrative Rules Supplement 2022-385, July 2022, effective 7/1/2022.General Authority: NDCC 19-24.1-01
Law Implemented: NDCC 19-24.1-01