A. In accordance with this regulation, a person who grows or cultivates industrial hemp as authorized by this chapter shall:
- (1) Verify that the plants grown or cultivated by the person meet the definition of industrial hemp under this chapter;
- (2) Maintain all records of verification at the site that is used to grow or cultivate industrial hemp; and
(3) Make all records available for inspection by:
- (a) The Department; or
- (b) The institution of higher education that contracted with the person under this chapter to grow or cultivate industrial hemp.
B. The verification required under this regulation shall include:
- (1) Documentation from an independent testing laboratory registered as defined by this chapter; or
- (2) Documentation from the institution of higher education that contracted with the person under this chapter to grow or cultivate industrial hemp.
- C. An independent testing laboratory or an institution of higher education that provides verification documentation under this chapter shall conduct on-site inspections to perform the testing necessary for the verification.
- D. If it is determined that the industrial hemp exceeds a delta-9-tetrahydrocannabnol concentration that exceeds 0.3 percent on a dry weight basis, it shall be destroyed by the authorized holder within 7 days under the supervision of the institution of higher education.
E. The frequency of the verification required under this subsection shall be determined by:
- (1) The Department; or
- (2) The institution of higher education that contracted with a person under this chapter to grow or cultivate industrial hemp.
Authority: Agriculture Article, §14-102(i), Annotated Code of Maryland
Effective date: January 28, 2019 (46:2 Md. R. 53)