Table 2 Consistency of terms and definitions used in 69 US state and tribal hemp production plans
From: The reintroduction of hemp in the USA: a content analysis of state and tribal hemp production plans
Term | Percentage of plans that include term | Percentage of plans that include most common definition | Most common definition |
|---|---|---|---|
Hemp | 73.9 | 72.6 | “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 delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.” |
Key Participant(s) | 72.45 | 80.0 | “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. This definition does not include non-executive managers such as farm, field, or shift managers.” |
Acceptable Hemp THC Level | 71.0 | 67.4 | “When a laboratory tests a sample, it must report the delta-9 tetrahydrocannabinol content concentration level on a dry weight basis and the measurement of uncertainty. The acceptable hemp THC level for the purpose of compliance with the requirements of the Tribe's hemp plan 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 0.3% or less. 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 for the purpose of plan compliance. This definition of "acceptable hemp THC level" is not meant to affect either the statutory definition of hemp in the 2018 Farm Bill (codified at 7 U.S.C. § 16,390(1)) or the definition of "marihuana" in the Controlled Substances Act (codified at 21 u.s.c. § 802(16)).” |
Applicant | 62.3 | 74.4 | “A person, or a person who is authorized to sign for a business entity, who submits an application to participate in the Hemp program.” |
Licensee | 55.1 | 0 | N/A |
Decarboxylated | 50.7 | 54.3 | “The completion of the chemical reaction that converts THC-acid (“THC- A”) into delta-9-THC, the intoxicating component of cannabis. The decarboxylated value is also calculated using a conversion formula that sums delta-9-THC and eighty-seven and seven tenths (87.7) percent of THC-A.” |
Cannabis | 47.8 | 69.7 | “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.” |
Lot | 47.8 | 39.4 | “A contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis throughout the area.” |
Dry Weight Basis | 46.34 | 50.0 | "The ratio of the amount of moisture in a sample to the amount of dry solid in a sample. A basis for expressing the percentage of a chemical in a substance after removing the moisture from the substance. Percentage of THC on a dry-weight basis means the percentage of THC, by weight, in a cannabis item (plant, extract, or other derivative), after excluding moisture from the item.” |
Variety | 46.4 | 46.9 | “A subdivision of a species that is uniform, in the sense that the variations in essential and distinctive characteristics are describable, stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity if reproduced or reconstituted as required by the different categories of varieties, and distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, other characteristics from all other publicly known varieties, or other characteristics from all other publicly known varieties.” |
THC | 42.0 | 27.6 | “Tetrahydrocannabinol and has the same meaning as delta-9 THC, measured post-decarboxylation.” |
Negligence | 39.1 | 96.3 | “A failure to exercise the level of care that a reasonably prudent person would exercise in complying with this Plan.” |
Culpable Mental State Greater Than Negligence | 37.7 | 50.0 | “To act intentionally, knowingly, willfully, or recklessly.” |
License | 37.7 | 0 | N/A |
Conviction | 34.8 | 79.2 | “Any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged. For purposes of this Plan a Conviction is expunged when the Conviction is removed from the individual’s criminal history report and there are no legal disabilities or restrictions associated with the expunged Conviction, other than the fact that the Conviction may be used for sentencing purposes for subsequent Convictions. When an individual is allowed to withdraw an original plea of guilty or nolo contender and enter a plea of not guilty and the case is subsequently dismissed, the individual is no longer considered to have a Conviction for purposes of this Plan.” |
Hemp Product(s) | 33.3 | 30.4 | “Means a finished product with the Acceptable Hemp THC Level that is derived from, or made by, processing a Hemp Crop, and that is prepared in a form available for commercial sale. The term includes, but is not limited to cosmetics, personal care products, Consumable Products, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more Hemp Ingredients such as cannabidiol.” |
Measurement of Uncertainty | 33.3 | 87.0 | “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.” |
Corrective Action Plan | 29.0 | 75.0 | “Means a plan for a licensed hemp producer to correct a negligent violation or non-compliance with a hemp production plan and this program.” |
Cultivate | 27.5 | 84.2 | “To plant, water, grow, and harvest a plant or crop.” |
Handle | 27.5 | 31.6 | “To harvest or store hemp or hemp plant parts prior to the delivery of such plants or plant parts for further processing. "Handle" also includes the disposal of cannabis plants that are not hemp for the purposes of chemical analysis and disposal of such plants.” |
Phytocannabanoid(s) | 27.5 | 89.5 | “Cannabinoid chemical compounds found in the cannabis plant, two of which are Delta-9 tetrahydrocannabinol (delta-9 THC) and cannabidiol (CBD).” |
Commercial Sale(s) | 26.1 | 100.0 | “The sale of a product in the stream of commerce at retail or at wholesale, including sales on the internet.” |
Person(s) | 26.1 | 27.8 | “A natural person, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association, or other form of legal business entity, as well as a tribal, state or local government entity.” |
Producer | 26.1 | 44.4 | “An owner, operator, landlord, tenant, or sharecropper, who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm or would have shared had the crop been produced. A producer includes a grower of hybrid seed.” |