1305.1 In order to measure the cannabis grow canopy area to determine the appropriate Tier, the measurement shall be calculated in square feet and measured using clearly identifiable boundaries of all areas(s) that will contain flowering or vegetative plants larger than eight (8) inches tall and eight (8) inches wide at any point in time, including all of the space(s) within the boundaries.

1305.2 A canopy may be noncontiguous, but each separate area included in the total canopy calculations shall be separated by an identifiable boundary which includes: interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedge rows, fencing, garden beds, or garden plots. If flowering or vegetative plants larger than eight (8) inches tall and eight (8) inches wide are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).