Definitions

As used in this chapter: (1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be injurious to human health, including: (a) pesticides; (b) heavy metals; (c) solvents; (d) microbial life; (e) artificially derived cannabinoids; (f) toxins; or (g) foreign matter. (2) (a) "Artificially derived cannabinoid" means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substances derived from the cannabis plant. (b) "Artificially derived cannabinoid" does not include: (i) a naturally occurring chemical substance that is separated from the cannabis plant by a chemical or mechanical extraction process; or (ii) cannabinoids that are produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst. (3) "Cannabidiol" or "CBD" means the cannabinoid identified as CAS# 13956-29-1. (4) "Cannabidiolic acid" or "CBDA" means the cannabinoid identified as CAS# 1244-58-2. (5) "Cannabinoid processor license" means a license that the department issues to a person for the purpose of processing a cannabinoid product. (6) "Cannabinoid product" means a product that: (a) contains or is represented to contain one or more naturally occurring cannabinoids; (b) contains less than the cannabinoid product THC level, by dry weight; (c) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content; (d) does not exceed a total of THC and any THC analog that is greater than: (i) 5 milligrams per serving; and (ii) 150 milligrams per package; (e) unless the product is in an oil based suspension, has a serving size that: (i) is an integer; and (ii) is a discrete unit of the cannabinoid product; (f) is not an electronic cigarette as that term is defined in Section 76-9-1101; and (g) is not a cannabinoid substance that is intended for use in an electronic cigarette. (7) "Cannabinoid product class" means a group of cannabinoid products that: (a) have all ingredients in common; and (b) are produced by or for the same company. (8) "Cannabinoid product THC level" means a combined concentration of total THC and any THC analog of less than 0.3% on a dry weight basis if laboratory testing confirms a result within a measurement of uncertainty that includes the combined concentration of 0.3%. (9) "Cannabis" means the same as that term is defined in Section 26B-4-201. (10) "Delta-9-tetrahydrocannabinol" or "delta-9-THC" means the cannabinoid identified as CAS# 1972-08-3, the primary psychotropic cannabinoid in cannabis. (11) "Hazardous waste laws" means: (a) federal and state laws, rules, and regulations related to hazardous waste; (b) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.; and (c) Title 19, Chapter 6, Part 5, Solid Waste Management Act. (12) "Industrial hemp" means any part of a cannabis plant, whether growing or not, with a concentration of less than 0.3% tetrahydrocannabinol by dry weight. (13) "Industrial hemp producer registration" means a registration that the department issues to a person for the purpose of processing industrial hemp or an industrial hemp product. (14) (a) "Industrial hemp product" means a product made by processing industrial hemp plants or industrial hemp parts. (b) "Industrial hemp product" does not include cannabinoid material or a cannabinoid product. (15) "Industrial hemp retailer permit" means a permit that the department issues to a retailer who sells any viable industrial hemp seed or cannabinoid product. (16) "Key participant" means any of the following: (a) a licensee; (b) an operation manager; (c) a site manager; or (d) an employee who has access to any industrial hemp material with a THC concentration above 0.3%. (17) "Licensee" means a person possessing a cannabinoid processor license that the department issues under this chapter. (18) "Newly identified cannabinoid" means a cannabinoid that: (a) is not expressly identified by chemical name or CAS number in this chapter; and (b) is identified by the department under Section 4-41-405. (19) "Non-compliant material" means: (a) a hemp plant that does not comply with this chapter, including a cannabis plant with a concentration of 0.3% tetrahydrocannabinol or greater by dry weight; (b) a cannabinoid product, chemical, or compound with a concentration that exceeds the cannabinoid product THC level; and (c) a cannabinoid product containing any of the following: (i) delta-9-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS# 54763-99-4; (ii) delta-8-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS# 51768-60-6; (iii) delta-9-tetrahyrdocannabinol (THC) acetate, the cannabinoid identified as CAS# 23132-17-4; (iv) delta-8-tetrahydrocannabinol (THC) acetate, the cannabinoid identified as CAS# 23050-54-6; (v) 9(s)-hexahydrocannabinol (HHC), the cannabinoid identified as CAS# 36403-91-5; or (vi) 9(r)-hexahyrdocannabinol (HHC), the cannabinoid identified as CAS# 36403-90-4. (20) "Permittee" means a person possessing a permit that the department issues under this chapter. (21) "Person" means: (a) an individual, partnership, association, firm, trust, limited liability company, or corporation; and (b) an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation. (22) "Retailer permittee" means a person possessing an industrial hemp retailer permit that the department issues under this chapter. (23) "Tetrahydrocannabinol" or "THC" means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3. (24) (a) "THC analog" means a substance that is structurally or pharmacologically substantially similar to, or is represented as being similar to, delta-9-THC. (b) "THC analog" does not include the following substances or the naturally occurring acid forms of the following substances: (i) cannabichromene (CBC), the cannabinoid identified as CAS# 20675-51-8; (ii) cannabicyclol (CBL), the cannabinoid identified as CAS# 21366-63-2; (iii) cannabidiol (CBD), the cannabinoid identified as CAS# 13956-29-1; (iv) cannabidivarol (CBDV), the cannabinoid identified as CAS# 24274-48-4; (v) cannabielsoin (CBE), the cannabinoid identified as CAS# 52025-76-0; (vi) cannabigerol (CBG), the cannabinoid identified as CAS# 25654-31-3; (vii) cannabigerovarin (CBGV), the cannabinoid identified as CAS# 55824-11-8; (viii) cannabinol (CBN), the cannabinoid identified as CAS# 521-35-7; (ix) cannabivarin (CBV), the cannabinoid identified as CAS# 33745-21-0; or (x) delta-9-tetrahydrocannabivarin (THCV), the cannabinoid identified as CAS# 31262-37-0. (25) "Total cannabidiol" or "total CBD" means the combined amounts of cannabidiol and cannabidiolic acid, calculated as "total CBD = CBD + (CBDA x 0.877)". (26) "Total tetrahydrocannabinol" or "total THC" means the sum of the determined amounts of delta-9-THC, tertrahydrocannabinolic acid, calculated as "total THC = delta-9-THC + (THCA x 0.877)". (27) "Transportable industrial hemp concentrate" means any amount of a natural cannabinoid in a purified state that: (a) is the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; (b) is derived from a cannabis plant that, based on sampling that was collected no more than 30 days before the day on which the cannabis plant was harvested, contains a combined concentration of total THC and any THC analog of less than 0.3% on a dry weight basis; (c) has a THC and THC analog concentration total that is less than 20% when concentrated from the cannabis plant to the purified state; and (d) is intended to be processed into a cannabinoid product.