230 R.I. Code R. 230-RICR-80-10-1.5

Current through October 15, 2024

Section 230-RICR-80-10-1.5 - Definitions

A. "Acceptable Hemp THC level" or ".n% THC" as used throughout this Part means:

1. Prior to Harvest: The level of THC in a given hemp sample reported by the laboratory conducting the testing in accordance with Licensing Analytical Laboratories for Sampling and Testing Cannabis 216-RICR-60-05-6.21, which applies the measurement of uncertainty, reported in conjunction with a confidence level of at least 95% in accordance with the USDA's Testing Guidelines for Identifying Delta-9 Tetrahydrocannibinol (THC) in Hemp, to the total reported delta-9 tetrahydrocannabinol content concentration and which complies with § 1.5(R) of this Part; and

2. Post Harvest: The level of total THC, including THCa, all isomers and derivatives thereof in a given hemp-derived consumable product sample with results reported by an approved testing facility shall not exceed, unless otherwise permitted by DBR: 1 mg of total THC per serving, 5 mg of total THC per package, or .3% total THC on a dry weight basis pursuant to the applicable product type.

B. "Agent" means any individual who is authorized to act for or in place of the licensee.

C. "Approved Testing Facility" or "approved testing facility as determined by DBR" pursuant to R.I. Gen. Laws § 2-26-6(a) means:

1. Within the State of Rhode Island, an analytical laboratory that is licensed by RIDOH pursuant to the rules and regulations promulgated by it for Licensing Analytical Laboratories for Sampling and Testing Cannabis (216-RICR-60-05-6); and

2. Outside the State of Rhode Island, an analytical laboratory that is licensed by its state of residence to test hemp and hemp-derived consumable CBD and/or has received accreditation to test hemp and hemp-derived consumable CBD in accordance with the International Standards Organization ("ISO") ISO/IEC 17025:2017.

D. "CBD" or "Cannabidiol" means cannabidiol (CBD) derived from a hemp plant as defined in R.I. Gen. Laws § 2-26-3, not including products derived from exempt cannabis plant material as defined in 21 C.F.R. § 1308.35.

E. "Certified" means:

1. With respect to hemp including hemp derivatives, is produced from plants that were tested within thirty (30) days of harvest or after processing as applicable and found to produce industrial hemp having a total THC concentration that does not exceed 0.3% on a dry weight basis or per volume basis regardless of moisture content as demonstrated through relevant documentation; and

2. With respect to hemp-derived consumable CBD products, is compliant with the Act and these Regulations as demonstrated through relevant documentation and/or as approved by DBR.

F. "Child-Resistant" means packaged in accordance with the Poison Prevention Packaging Act of 1970 ( 15 U.S.C.A. § 1471-75) and 16 C.F.R. Part 1700, et seq.

G. "Consumable" and any of its grammatical derivatives means intended for ingestion by inhalation or oral intake by a human or animal.

H. "Department," "DBR" or "Office" means the Office of Cannabis Regulation within the Department of Business Regulation, with the assistance of the Division.

I. "Distributor" or "Licensed CBD Distributor" means a person licensed to distribute at wholesale to a Licensed hemp-derived consumable CBD retailer hemp-derived consumable CBD products as defined in R.I. Gen. Laws § 2-26-3(11).

J. "Division" or "DEM" means the Rhode Island Department of Environmental Management Division of Agriculture.

K. "Extraction" means a process by which cannabinoids, terpenes, or any other compound are separated from cannabis plant material through chemical or physical means.

L. "Growing area" means the land on which a licensee cultivates, produces or plans to cultivate or produce industrial hemp.

M. "Grower" means a person or entity who or that cultivates hemp for commercial purposes.

N. "Handler" means a person or entity who or that processes or manufactures hemp into commodities, products, or agricultural hemp seed.

O. "Hemp derivative" means any compound or substance collected or extracted from industrial hemp including but not limited to Cannabidiol, other cannabinoids or terpenes.

P. "Hemp-derived consumable CBD product" means any product meant for ingestion by a human or animal, including, but not limited to, concentrates, extracts, and cannabis-infused foods and products, which are certified pursuant to § 1.5(E) of this Part and may contain cannabidiol derived from a hemp plant as defined in R.I. Gen. Laws § 2-26-3, which shall only be sold to persons age twenty-one (21) or older, which shall not include products derived from exempt cannabis plant material as defined in 21 C.F.R. § 1308.35.

Q. "Hemp products" or "industrial hemp products" means all products made from the plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and seed certified for cultivation, which satisfy the requirements of the Act as defined in R.I. Gen. Laws § 2-26-3(10).

R. "Industrial hemp" or "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration distribution range of not more than three-tenths percent (.3%) on a dry weight or per volume basis regardless of moisture content, and which satisfies the requirements of the Act as defined in R.I. Gen. Laws § 2-26-3(8).

S. "Institution of higher education" shall have the meaning set forth in 20 U.S.C. § 1001 and consistent with R.I. Gen. Laws § 2-26-9.

T. "Key participants" means an entity's officers, directors, owners, shareholders, managers, members, agents or any other person with executive managerial control of or within the entity.

U. "Law enforcement agency" means 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.

V. "License" means an industrial hemp grower, industrial hemp handler, CBD distributor and/or CBD retailer license issued by DBR pursuant to the Act and these regulations.

W. "Licensed cardholder" means and includes all officers, directors, owners, shareholders, managers, members, employees, and agents who have been issued a registry identification for their association with the licensee.

X. "Licensee" means an individual or entity holding a License.

Y. "Licensing agreement" means an agreement executed by the licensee agreeing to abide by these regulations and any other terms and conditions the Office deems necessary for enforcing the Act.

Z. "Licensing period" means the time during which an industrial hemp grower, handler, CBD distributor and/or CBD retailer License is valid. Licenses are issued for two-year terms (grower/handler) and one-year terms (CBD distributor/CBD retailer).

AA. "Lot" means a contiguous area in a field, greenhouse or indoor growing structure containing the same variety or strain of Cannabis throughout the area.

BB. "Negligence" as used in § 1.15(A) of this Part and pursuant to the AIA 2018 and 7 C.F.R. § 990.1 means failure to exercise the level of care that a reasonably prudent person would exercise in complying with the regulations set forth under this Part and includes:

1. Failing to provide a legal description of land on which the producer produces hemp;

2. Failing to obtain a license or other required authorization from DBR;

3. Growing, distributing or selling at retail Cannabis sativa L. with a total delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis; and

4. Failing to comply with the Act or these regulations.

5. "Negligence" as used in this Part does not include the production of plants that exceed .3% total THC concentration but are less than 1.0% total THC concentration on a dry weight basis if the licensee used reasonable efforts to cultivate plants with a .3% or lower total THC concentration on a dry weight basis.

CC. "Non-contiguous growing area" means a growing area on which a licensee grows or plans to grow industrial hemp that is separated from other growing areas by more than a mile. Partial acreage should be rounded up to the next whole acre.

DD. "Person" means a natural person, corporation, association, partnership or other legal entity.

EE. "Program" means the state's Industrial Hemp Program established pursuant to the Act, these regulations and compliant with the AIA 2018.

FF. "Program Tracking System" means any system(s) approved by DBR to record and track all "seed to sale" activities and transactions in accordance with §§ 1.11(A)(1) and 1.6(E)(4) of this Part.

GG. "Research" means the growth, cultivation and handling of industrial hemp either by an institution of higher education or otherwise under the Program for purposes of agricultural or academic research.

HH. "Retailer" or "licensed CBD retailer" means a person licensed to sell hemp- derived consumable CBD products directly to consumers as defined in R.I. Gen. Laws § 2-26-3(12).

II. "RIDOH" means the Rhode Island Department of Health.

JJ. "Sample" means plant parts taken as representative of an individual plant or the combined total plants in the growing area, or a production batch of hemp or hemp derivatives, and/or final form hemp-derived consumable products.

KK. "Testing Agent" shall mean an employee of an approved testing facility who performs independent testing of the licensee's hemp in accordance with § 1.9(D)(1) of this Part.

LL. "THC" means THC as defined in R.I. Gen. Laws § 2-26-3(13) and includes delta 9-tetrahydrocannabinol, the principal psychoactive constituent of cannabis, tetrahydrocannabinol acid and 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.

MM. "The Hemp Growth Act" or "Act" means R.I. Gen. Laws § 2-26-1, et seq.

NN. "Tracking Certificate" means a registration certificate authorized or issued by DBR or which DBR requires be used for the compliant possession and cultivation of hemp plants in accordance with the Act and these regulations.

OO. "Volunteer Plant" means any cannabis plant which is self-propagated and grows of its own accord from seeds or roots in the years following an intentionally planted industrial hemp crop. Volunteer plants are not intentionally planted.

230 R.I. Code R. 230-RICR-80-10-1.5

Amended effective 10/10/2021
Amended effective 6/11/2022
Amended effective 8/14/2024