PURPOSE: Establishes the requirement of inspections, samples to be collected for analysis, issuance of search warrant, powers of the director during investigation or hearing, and reporting of violations to the prosecuting attorney.

1. (1) For the purposes of enforcing the provisions of sections 195.207, RSMo and 261.265, RSMo, and 2 CSR 70-14.005–2 CSR 70- 14.190, the director may enter any premises at reasonable times where hemp and/or hemp extract is produced and/or distributed, in order to inspect, investigate, observe, sample, audit, detain, seize, or embargo.

   1. (A) Before undertaking such inspection, the director shall present the license holder or person in charge of the premises or facility, appropriate credentials and a notice of inspection detailing the reason for the inspection.

   2. (B) If any samples are collected, prior to leaving the premises or facility, the director shall give the license holder or person in charge a receipt describing the samples obtained.

      1. 1. A representative composite sample(s)

of hemp shall be collected and delivered to an approved laboratory for analysis of the concentration level of tetrahydrocannabinol (THC).

1. A. The licensed cultivation and pro-

duction facility will be responsible for paying the costs of laboratory analysis for each representative composite hemp sample analyzed.

1. B. If the results of analysis report

indicates greater than three-tenths of one percent (0.3%) THC by dry weight basis or the percent based on a dry weight basis determined by the federal Controlled Substances Act under 21 U.S.C. Section 801 et seq., a duplicate sample will be analyzed at the expense of the licensed cultivation and production facility.

1. C. If the results of analysis report for

the duplicate sample indicates greater than three-tenths of one percent (0.3%) THC by dry weight basis or the percent based on a dry weight basis determined by the federal Controlled Substances Act under 21 U.S.C. Section 801 et seq., the cultivation and production facility license holder may request an additional analysis on a triplicate sample to be conducted by a different independent thirdparty laboratory approved by the director.

1. D. If the results of a majority of all

analysis reports indicate greater than threetenths of one percent (0.3%) THC by dry weight basis or the percent based on a dry weight basis determined by the federal Controlled Substances Act under 21 U.S.C. Section 801 et seq., the hemp crop identified by lot number will be deemed as unusable and considered as hemp waste and placed under a stop sale, use, or removal order issued by the director.

1. (I) The cultivation and production

facility must handle the hemp waste in accordance with 2 CSR 70-14.140.

1. 2. Representative sample(s) of hemp

extract may be collected and delivered to an approved laboratory for analysis for the detection of pesticide active ingredients.

1. A. The licensed cultivation and pro-

duction facility or cannabidiol oil care center will be responsible for paying the costs of laboratory analysis for each representative sample(s) of hemp extract analyzed.

1. B. If the results of analysis report

indicates a positive detection of any pesticide active ingredient, a duplicate sample from the same batch will be analyzed at the expense of the cultivation and production facility.

1. C. If the results of analysis report for

the duplicate sample indicates a positive detection of any pesticide active ingredient, the hemp extract will be deemed as unusable and considered as hemp extract waste and placed under a stop sale, use, or removal order issued by the director.

1. (I) The cultivation and production

facility must handle the hemp waste in accordance with 2 CSR 70-14.140.

1. (2) If the director is denied access to any land or building located on the premises of the facility where such access was sought for the purposes set forth in this rule, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to that land, premises, or facility for the purposes identified in this rule. The court may issue a search warrant for the purposes requested upon probable cause being shown.

2. (3) The director may in the conduct of any investigation or hearing authorized or held by him/her—

   1. (A) Examine, or cause to be examined, under oath, any person;
   2. (B) Examine, or cause to be examined, the hemp monitoring system data or records required to be kept and maintained in accordance with the act or any regulation issued thereunder;
   3. (C) Hear such testimony and take such evidence as will assist him/her in the discharge of his/her duties under the act; and
   4. (D) Administer or cause to be administered oath.

AUTHORITY: section 261.265, RSMo Supp. 2014.* Emergency rule filed Oct. 8, 2014, effective Oct. 18, 2014, expired April 15, 2015. Original rule filed Oct. 8, 2014, effective May 30, 2015.

*Original authority: 261.265, RSMo 2014.