330 CMR, § 32.02
For the purposes of 330 CMR 32.00, the following terms shall have the following meanings. The Department shall interpret and construe these terms and 330 CMR 32.00 to effectuate the purposes of 330 CMR 32.00 as set forth in 330 CMR 32.01 and to make 330 CMR 32.00 consistent with Pub. L. No. 115-334, as amended, and the 7 CFR Part 990, as amended.
Acceptable Hemp THC Level means that when applied to the reported delta-9 tetrahydrocannabinol concentration level on a dry weight basis, the Measurement of Uncertainty produces a distribution or range that includes 0.3% or less. For example, if the reported delta-9 tetrahydrocannabinol concentration level is reported as 0.35% and the Measurement of Uncertainty is ± 0.6%, then the measured delta-9 tetrahydrocannabinol concentration level 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 for the purposes of program compliance.
Applicant means a Person who has submitted an application to the Department to be licensed to produce Hemp.
Breeder means a Producer who cultivates Hemp Stock for sale.
Cannabis means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.
Commercial Purposes means for market or for cultivation for market.
Corrective Action Plan means a plan proposed by the Department for correcting violations or noncompliances with 330 CMR 32.00, Pub. L. No. 115-334, as amended, or 7 CFR Part 990, as amended.
Commissioner means the Commissioner of the Department.
Commonwealth means the Commonwealth of Massachusetts.
Crop means any Cannabis grown for the purposes of being Hemp.
DEA means the United States Drug Enforcement Administration.
Department means the Massachusetts Department of Agricultural Resources.
Federal Act means the Agricultural Improvement Act of 2018, Pub. L. No. 115-334, as amended.
Federal Rule means the Domestic Hemp Production Program, as set forth at 7 CFR Part 990, as amended, promulgated pursuant to Section 10113 of the Federal Act by the United States Secretary of Agriculture.
FSA means the Farm Service Agency of the United States Department of Agriculture.
Hemp means the plant of the genus Cannabis and any part of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis or per volume or weight of marijuana product or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus Cannabis, regardless of moisture content. This shall include the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers.
Hemp Certificate means the documentation stating that the Department has sampled and tested a Crop and determined that the Crop has an Acceptable Hemp THC Level and is Hemp.
Hemp Stock means a viable part of a Hemp plant including, but not limited to, seeds, seedlings, and clones, which are to be used for Planting.
Identity History Summary means a report from the Federal Bureau of Investigation based on an individual's name or fingerprints, or other documentation as approved by USDA and the Department.
Key Participant means a sole proprietor, a partner in partnership, or a person with executive managerial control in a corporation. A person with executive managerial control includes persons such as a chief executive officer, chief operating officer, and chief financial officer. Key Participant does not include non executive managers such as farm, field, or shift managers. Key Participant also does not include a member of the leadership of a Tribal government who is acting in their capacity as a Tribal leader, except when that member exercises executive managerial control over hemp production. For Research, this shall include the lead individual conducting the Research or responsible for compliance with applicable state and federal laws.
Licensee means the holder of a License from the Department.
License means the documentation provided by the Department after a Person has successfully applied to Produce Hemp in the Commonwealth.
Lot means a quantity of Hemp produced in a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of Hemp throughout the area.
Measurement of Uncertainty means 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.
Negligence means failure to exercise the level of care that a reasonably prudent person would exercise in complying with 330 CMR 32.00, the Federal Act and the Federal Rule.
Person means a natural person, corporation, association, partnership, or other legal entity.
Planting means the act of introducing seed, seedling, clone, or other planting material into growing media.
Planting Report means a report on a form prescribed by the Department that includes information about the Planting of a Crop.
Produce means to plant or grow Hemp.
Producer means a person who plants or grows Hemp.
Production means to plant or grow Hemp plants for market, or for cultivation for market, in the United States. Production shall not include Research provided such Research does not result in any Hemp or Hemp-derived product for market or entering the stream of commerce.
Remediate or Remediation means to transform a non-compliant Crop into compliant Hemp while disposing of noncompliant plant parts.
Research means to Produce Hemp for the investigation and study of Hemp in order to establish facts and collect new information.
Sampling Agent means a person authorized by the Department to collect regulatory THC samples in accordance with the 7 CFR Part 990, as amended.
Site means the physical area that is planned for producing Hemp, whether indoors or outdoors including, but not limited to, the terms "farm", "tract", "field", and "subfield" as set forth in 7 CFR Part 990, as amended.
THC means delta-9-tetrahydrocannabinol.
THCa means tetrahydrocannabinolic acid, which converts to THC when decarboxylated.
Total THC means the value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include decarboxylation, that expresses the potential total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCa content and reported on a dry weight basis. This post-decarboxylation value of THC can be calculated by using a chromatograph technique using heat, such as gas chromatography, through which THCa is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in a given sample. The total THC can also be calculated by using a liquid chromatograph technique, which keeps the THCa intact. This technique requires the use of the following conversion: [Total THC = (0.877 x THCa) + THC] which calculates the potential total THC in a given sample.
USDA means the United States Department of Agriculture.
Volunteer Plant means any Hemp which grows of its own accord from seeds or roots in the years following an intentionally planted Crop and which was not intentionally planted.
330 CMR, § 32.02