HAR §4-161-1. Definitions

As used in this chapter: “Board” means the board of agriculture or the board’s designee. "Cannabis" means the genus of flowering plants in the family Cannabaceae. For the purposes of this chapter, cannabis means any form of the plant where the delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined. “Chairperson” means the chairperson of the Hawaii Board of Agriculture. "Decarboxylated" means the completion of the chemical reaction that converts delta-9 tetrahydrocannabinol’s acids (THCA) into delta-9 tetrahydrocannabinol. The decarboxylated value may be calculated using a conversion formula that sums delta- 9 tetrahydrocannabinol and eighty-seven and seven tenths (87.7) per cent of THCA. "Delta-9 tetrahydrocannabinol" or "THC" is the primary psychoactive component of cannabis. "Department" means the department of agriculture. "Dry weight basis" means the method of determining the percentage of a chemical in a 3 substance after removing the moisture from the substance. "Dwelling unit" means a structure which is intended to be used primarily as a place of residence, meets all applicable zoning and building code requirements, and which is one among several individual residences within a single larger structure which has a solid base, exterior walls that encircle the entire structure on all sides, and a roof that protects the interior units from the elements of the weather. "Entity" means a firm, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association, or other form of legal business entity, as well as a state or local government entity. "Export" means shipment to any point outside of the State. "Grow area" means the area authorized to be utilized for hemp production under a license issued by the Secretary of the United States Department of Agriculture pursuant to title 7 United States Code section 1639q. "Harvest" means the termination of the cultivation process at a grow area for usage rather than disposal. "Hemp" means cannabis and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or by other similarly reliable method. "Hemp" as used in this chapter does not include hemp products. "Hemp product" shall have the same meaning as in chapter 328, Hawaii Revised Statutes. "House" means a structure intended to be used primarily as a place of residence and which meets all applicable zoning and building code requirements. It must have a solid floor, rigid exterior walls that 4 encircle the entire structure on all sides, and a roof that protects the interior from the elements of the weather. "Licensee" means a person or entity that has obtained a license to produce hemp in the state of Hawaii, issued by the Secretary of the United States Department of Agriculture pursuant to title 7 United States Code section 1639q. "Law enforcement" means any federal, state, or local law enforcement agency or drug suppression unit. "Person" means an individual. "Playground" means any public outdoor facility, including any parking lot appurtenant thereto, that is intended for recreation, with any portion thereof containing three or more separate apparatus intended for the recreation of children, including but not limited to sliding boards, swing sets, and teeterboards. "Post-decarboxylation" means testing methodologies for THC concentration levels in hemp, where the total potential delta-9-tetrahydrocannabinol content, derived from the sum of the THC and THCA content, is determined and reported on a dry weight basis. "Processor" means a person or entity with a valid certificate of registration issued by the department of health allowing them to legally process hemp to manufacture a hemp product in the state. "Produce" or “production” refers to the propagation or cultivation of hemp. "Residential structure" means a structure that contains one or more individual dwelling units intended for usage as a residence, and which meets all applicable zoning and building code requirements. Residential apartment shall have the same meaning as residential structure. "School" means any public or private preschool, kindergarten, elementary, intermediate, middle, secondary, high school, or university. "State" means the State of Hawaii. "USDA" means the United States Department of Agriculture. 5