As used in the Oklahoma Industrial Hemp Program: 1. “Department” means the Oklahoma Department of Agriculture, Food, and Forestry; 2. “Fiber” means the stalk of the industrial hemp plant and does not include the flower or seeds of the plant; 3. “Flower” means the part of the industrial hemp plant that contains the majority of the industrial hemp plant’s tetrahydrocannabinol and other cannabinoids; 4. “Grain” means all of the parts of an industrial hemp plant except the stalk or the flower of the industrial hemp plant; 5. “Handling” means possessing or storing industrial hemp for any period of time on premises owned, operated or controlled by a person licensed to cultivate or process industrial hemp and also includes possessing or storing industrial hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process industrial hemp to the premises of another licensed person; 6. “Industrial hemp” means the plant Cannabis sativa L. and any part of the 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 of not more than three-tenths of one percent (0.3%) on a dry-weight basis; 7. “Key participant” means a person who has a direct or indirect financial interest in the entity producing hemp, such as an owner or partner in a partnership. A key participant includes an individual who is part of a corporate entity or a tribal-owned corporation. A key participant also includes an executive-level individual such as a chief executive officer, chief operating officer, or chief financial officer. Such term shall not include such management personnel as a farm, field, or shift manager or a member of the leadership of a tribal government who is acting in his or her capacity as a tribal leader except when such member exercises executive managerial control over hemp production; 8. “Licensee” means a person who holds a valid Industrial Hemp License to grow industrial hemp under the Oklahoma Industrial Hemp Program. A licensee shall have the ability to remediate noncompliant industrial hemp with a total delta-9 tetrahydrocannabinol concentration of not more than one percent (1.0%) on a dry-weight basis for retesting as set forth by the Department as long as the noncompliant industrial hemp has a total delta-9 tetrahydrocannabinol concentration of not more than three- tenths of one percent (0.3%) on a dry-weight basis after retesting, and the option to remediate the industrial hemp through the reasonable destruction of the flower or shredding of the entire lot into a homogeneous biomass results in the remediation of any part of the industrial hemp plant that is above three-tenths of one percent (0.3%) on a dry-weight basis. All noncompliant hemp must be tracked and documented. The State Board of Agriculture shall have jurisdiction over such remediation, which includes, but is not limited to, destruction through composting, burning, or other regulated disposal methods if the industrial hemp is not remediated into a final product before processing below three-tenths of one percent (0.3%) on a dry-weight basis; 9. “License” means authorization by the Department for any person to grow and cultivate industrial hemp on a registered land area as part of the Oklahoma Industrial Hemp Program; and 10. “Processing” means converting industrial hemp into a marketable form, including the production of all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers. Added by Laws 2018, c. 64, § 2, emerg. eff. April 23, 2018. Amended by Laws 2019, c. 91, § 3, emerg. eff. April 18, 2019; Laws 2022, c. 265, § 1, emerg. eff. May 16, 2022; Laws 2024, c. 266, § 1, eff. Nov. 1, 2024.
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