Ala. Admin. Code r. 80-10-21-.07
Licensing Fees; Participation Fee, Secondary Pre-Harvest Sample Fee, Post-Harvest Retest Fee
Effective Oct 15, 2023New Rule: Filed November 15, 2018; effective December 30, 2018. Repealed and New Rule: Published August 31, 2020; effective October 15, 2020; operative November 1, 2020. Amended: Published November 30, 2021; effective January 14, 2022. Amended: Published August 31, 2023; effective October 15, 2023.Alabama Department of Agriculture and Industries
(1) Participation fee.
- (a) The licensed grower shall pay a participation fee.
- (b) The participation fee for each growing address shall be in the amount established in these regulations.
- (c) Participation fees shall be paid in full prior to the execution of the grower licensing agreement in a manner prescribed by the Alabama Department of Agriculture and Industries.
(2) Secondary Pre-Harvest Sample fee.
- (a) If a licensed grower fails to complete the harvest within thirty (30) days after the department collects the pre-harvest sample, the licensed grower shall submit a new Harvest/Destruction Form for each additional pre-harvest sample.
- (b) After the initial pre-harvest sample from each grow area or lot, the licensed grower will be required to pay a secondary pre-harvest sample fee for each additional sample taken.
- (c) Each secondary pre-harvest sample fee shall be paid to the department within thirty (30) days of invoice or notification by the department. The secondary pre-harvest sample fee shall be as established in these regulations.
- (d) If the licensed grower fails to pay the secondary pre-harvest sample fee within thirty (30) days of invoice or notification, the lack of payment shall be considered a violation of the grower licensing agreement.
- (e) The licensed grower shall not harvest the remaining crop until the department collects a secondary pre-harvest sample if one is required as established in paragraph (a) or (b) of this subsection.
(3) Post-harvest retest fee.
- (a) The department shall order post-harvest THC testing of a plot if the results of an initial THC test on the pre-harvest sample indicate a total delta-9-THC concentration in the pre-harvest sample in excess of what is permitted by the department.
- (b) If a licensed grower fails to request a retest within fourteen (14) days of notification of pre-harvest results on a harvest from the department, then the pre-harvest sample or secondary pre-harvest test result shall stand, and the department shall destroy or seize, without compensation, all hemp or other cannabis from the plot.
Author: N. Gunter Guy Jr.
Statutory Authority: Code of Ala. 1975, §2-8-383.
History: New Rule: Filed November 15, 2018; effective December 30, 2018. Repealed and New Rule: Published August 31, 2020; effective October 15, 2020; operative November 1, 2020. Amended: Published November 30, 2021; effective January 14, 2022. Amended: Published August 31, 2023; effective October 15, 2023.