Ala. Admin. Code r. 538-X-5-.05 - Requirements for Cultivators
(1)
Enclosed Facility and Cultivation Requirements.
(a) All cannabis must be cultivated in an
enclosed facility.
(b) Cultivators
must take steps to limit the visibility of cannabis, in any form, from outside
the perimeter barrier of their facilities.
(c) Each cannabis plant or batch of cannabis
plants must be cultivated in an individual receptacle containing soil or
growing media, so as to foster portability, limit cross-contamination, and
facilitate proper monitoring of each plant.
(d) Containers may be for individual plants
or for batches of plants as long as each plant is clearly identified and
traceable.
(e) No cultivation is
allowed outdoors or directly in the ground.
(2)
Cultivar Approval.
Cultivators may only cultivate cannabis cultivars approved by the commission
prior to acquisition of plant material. Cultivars cannot be derived from hemp
or industrial hemp as defined by Ala. Admin. Code Rule
80-10-21-.02(19)
but must be derived from cannabis plants that have a high likelihood of
producing medical cannabis.
(3)
Pesticide Usage and Testing.
(a) Cultivators shall fully comply with all
laws and administrative rules relating to the usage of pesticides in the State
of Alabama.
(b) The commission, or
its representative or agent, may perform pesticide testing on a random basis or
if representatives of the commission have reason to believe that a pesticide
may have been applied to cannabis in violation of the product label.
(c) At least quarterly, Cultivators shall, at
their own cost, have their cannabis sampled by a State Testing Laboratory to
ensure that no pesticides or other hazardous substances are present in the
cannabis material. Cultivators must maintain records of these tests for at
least two years and provide the results to the commission, upon request.
Nothing in this Rule shall preclude a Cultivator from conducting or seeking, at
its own cost, in-house or independent third-party testing of cannabis at any
other time before, at, or after the time of harvest.
Notes
Author: Justin C. Aday
Statutory Authority: Code of Alabama 1975, ยง 20-2A-22, as Adopted.
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