AGRICULTURE SPECIAL ADOPTION
(CITE 52 N.J.R. 154) NEW JERSEY REGISTER, MONDAY, FEBRUARY 3, 2020
overturned on appeal, pardoned, or expunged. For purposes of this
chapter, a conviction is expunged when the conviction is removed from
the individual’s criminal history record 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. In addition, where an individual is allowed to withdraw an
original plea of guilty or nolo contendere 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 chapter.
“Corrective action plan” means a plan established by the Department
for a hemp producer to correct a negligent violation or non-compliance
with the Program.
“Culpable mental state greater than negligence” means to act
intentionally, knowingly, willfully, or recklessly.
“Cultivate” means to plant, water, grow, or harvest a plant or crop.
“Decarboxylated” means the completion of the chemical reaction that
converts THC-acid (THC-A) into delta-9THC, the intoxicating
component of cannabis. The decarboxylated value is also calculated using
a conversion formula that sums delta-9THC and 87 and seven-tenths
(87.7) percent of THC-acid.
“Decarboxylation” means the removal or elimination of carboxyl
group from a molecule or organic compound.
“Department” means the New Jersey Department of Agriculture.
“Drug Enforcement Administration” or “DEA” means the United
States Drug Enforcement Administration.
“Dry weight basis” mean 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.
“Entity” means a corporation, joint stock company, association, limited
partnership, limited liability partnership, limited liability company,
irrevocable trust, estate, charitable organization, or other similar
organization, including any such organization participating in the hemp
production as a partner in a general partnership, a participant in a joint
venture, or a participant in a similar organization.
“Farm Service Agency” or “FSA” is an agency of the United States
Department of Agriculture.
“Federally defined THC level for hemp” or “acceptable hemp THC
level” means a delta-9 tetrahydrocannabinol concentration of not more
than 0.3 percent on a dry weight basis for hemp or in a hemp product.
Hemp will satisfy the standard of “Federally defined THC level for hemp”
or “acceptable hemp THC level” if laboratory testing confirms a result
within a measurement of uncertainty that includes the THC concentration
level of 0.3 percent. For example, if the reported delta-9 THC content
concentration in a sample is 0.35 percent, and the measurement of
uncertainty is +/- 0.099 percent, the hemp would be compliant, because
0.3 percent falls within the distribution range between .251 percent and
.449 percent.
“Gas chromatography” or “GC” means a type of chromatography in
analytical chemistry used to separate, identify, and quantify each
component in a mixture. GC relies on heat for separating and analyzing
compounds that can be vaporized without decomposition.
“Geospatial location” means a location designated through a global
system of navigational satellites used to determine ground position of a
place or object.
“Grower” means any person who cultivates hemp.
“Growing area” means either an outdoor or enclosed indoor area where
hemp is cultivated.
“Handle” means to possess or store a hemp plant on premises owned,
operated, or controlled by a hemp producer for any period of time or in a
vehicle for any period of time other than during the actual transport of the
plant between premises owned, operated, or controlled by hemp producers
or persons or entities authorized to produce hemp pursuant to 7 U.S.C. §§
1639o et seq., and any State law or rule adopted pursuant thereto.
Examples of “handlers” include, but are not limited to, seed cleaners,
analytical labs, traders, harvesting entities, brokers, and other service
providers. “Handle” does not mean possession or storage of finished hemp
products.
“Harvest” means the termination of the cultivation process, including
taking cuttings, or the movement of hemp from a licensed growing area
to another location or movement within a licensed growing area between
indoor and outdoor planting areas.
“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
delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent
on a dry weight basis. Hemp and hemp-derived cannabinoids, including
cannabidiol, shall be considered an agricultural commodity and not a
controlled substance due to the presence of hemp or hemp-derived
cannabinoids.
“Hemp extract” means the oil chemically extracted from hemp’s aerial
plant part, such as seeds, stalks, or flowers, using chemical processes,
containing a natural blend of phytocannabinoids, and includes
cannabidiol, or “CBD” oil.
“Hemp oil” means oil obtained by physically pressing hemp seeds with
a 3:1 ratio of omega-6 to omega-3 essential fatty acids and does not
include cannabidiol or CBD.
“Hemp producer” means a person or business entity authorized by the
Department to cultivate, process, or handle hemp in the State.
“Hemp product” means a finished product with a delta-9
tetrahydrocannabinol concentration of not more than 0.3 percent that is
derived from or made by processing a hemp plant or plant part and
prepared in a form available for commercial sale. The term includes
cosmetics, personal care products, food intended for human or animal
consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard,
plastics, and any product containing one or more hemp-derived
cannabinoids, such as cannabidiol. Hemp products shall not be considered
controlled substances due to the presence of hemp or hemp-derived
cannabinoids.
“High-performance liquid chromatography” or “HPLC” means a type
of chromatography technique in analytical chemistry used to separate,
identify, and quantify each component in a mixture. HPLC relies on
pumps to pass a pressurized liquid solvent containing the sample mixture
through a column filled with a solid adsorbent material to separate and
analyze compounds.
“Information sharing system” means the database that allows the
USDA to share information collected under state, tribal, and USDA plans
with Federal, state, tribal and local law enforcement.
“Institution of higher education” or “IHE” means the same as that term
is defined at 20 U.S.C. § 1001.
“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. This
definition does not include non-executive managers, such as farm, field,
or shift managers.
“Law enforcement” means any Federal, State, or local agencies
responsible for maintaining public order and enforcing the law.
“License” means written authorization by the Department for any
person to grow, process, or handle hemp in the State.
“Licensed area” means a land area licensed by the Department on
which a hemp producer plans to cultivate, process, or handle hemp. A
licensed area may include, but is not limited to, growing areas or land and
buildings that are not used for cultivation.
“Lot” means a contiguous area in a field, greenhouse, or indoor
growing structure containing the same variety or strain of cannabis that
was planted at the same time throughout the area.
“Marijuana” means all parts of the plant Cannabis sativa L., whether
growing or not; the seeds thereof; the resin extracted from any part of such
plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds, or resin. The term “marihuana” does
not include hemp, as defined in section 297A of the Agricultural
Marketing Act of 1946, and does not include the mature stalks of such
plant, fiber produced from such stalks, oil or cake made from the seeds of
such plant, any other compound, manufacture, salt, derivative, mixture, or
preparation of such mature stalks (except the resin extracted therefrom),
fiber, oil, or cake, or the sterilized seed of such plant that is incapable of
germination (7 U.S.C. § 1639o). “Marihuana” means all cannabis that
N.J.A.C. 2:25-1 et seq. as of Feb. 3, 2020.
Changes to laws or regulations may occur.