1. (1) The hemp to be selected for sampling shall be determined by a representative of the department.
2. (2) The department shall collect and retain samples from each plot in accordance with the procedures established by the department.
3. (3) The department shall receive, prepare, and release hemp samples in accordance with the procedures established by the department.
4. (4) The department shall measure total delta-9-THC concentration of each hemp sample in accordance with the procedures established by the department.
5. (5) The department shall undertake post-testing actions in accordance with the procedures established by the department.
6. (6) The method used for sampling from the flower material of the cannabis plant must be sufficient at a confidence level of 95 percent that no more than one percent (1%) of the plants in the lot would exceed the federally defined THC level for hemp. The method used for sampling must ensure that a representative sample is collected that represents a homogeneous composition of the lot.
   
   (7) All performance-based sampling methods will follow established federal and state laws, rules, and policies or protocols established by the department.
7. (8) All samples shall become the property of the department and shall not be returnable. Compensation shall not be owed by the department.
8. (9) If the department is not able to provide THC testing services required by these regulations, the department may identify and contract with a third-party lab to perform THC testing services.

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 Repealed and New Rule: Published August 31, 2020; effective October 15, 2020; operative November 1, 2020.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 May 31, 2022; effective July 15, 2022. Amended: Published August 31, 2023; effective October 15, 2023.