0080-10-03-.02
Definitions
Cite as Tenn. Comp. R. & Regs. 0080-10-03-.02
(1)
Terms in this chapter share those meanings of terms in T.C.A. title 43, chapter 27, parts 1 and
2.
(2)
When used in this chapter, unless the context requires otherwise:
(a)
Act means T.C.A. §§ 43-27-201, et seq.;
(b)
Batch, in addition to its definition under the Act, means an individual production lot of
manufactured product;
(c)
Business for which entry is limited to persons twenty-one (21) years of age or older
means a legal establishment that affirmatively restricts access to its buildings or facilities
at all times to persons who are twenty-one (21) years of age or older by requiring each
person who attempts to gain entry to those buildings or facilities to submit for inspection
an acceptable form of identification demonstrating by proof of age that the person is
twenty-one (21) years of age or older;
(d)
Cannabis means any plant or any part of a plant of the genera Cannabis and includes
hemp;
RETAIL SALE OF HEMP-DERIVED CANNABINOID PRODUCTS
CHAPTER 0080-10-03
(e)
Certificate of Analysis (COA) means a written document from a laboratory approved by
the department for testing samples under Tenn. Comp R. & Regs. 0080-10-02, and
which communicates the results of those tests performed;
(f)
Commerce or similar words mean involving payment for an item or payment for services
incident to production of the item;
(g)
Counter means a physical barrier that necessitates the seller’s assistance in order to
access product prior to its sale;
(h)
Food means articles used for food or drink for humans or other animals; chewing gum;
and articles used for components of food or drink or chewing gum;
(i)
HDC product means a product that contains or that is labeled to contain a hemp-derived
cannabinoid and that is produced, marketed, or otherwise intended to be consumed
orally (“ingestible”), inhaled (“inhalable”), or absorbed through the skin (“transdermal”).
HDC products also include intermediate products intended for subsequent use as a
component in a later finished ingestible, inhalable, or transdermal HDC product. Topical
products mean products solely intended to be applied to the skin or hair and are not
intended to be absorbed through transdermal application; topical products are not
included within the definition of HDC product even if they contain a hemp-derived
cannabinoid;
(j)
In a manner similarly reliable to post-decarboxylation means a manner sufficient to
quantify by percentage the resulting THC of a sample if carboxyl groups are removed
from all molecules containing THC within the sample. A manner similarly reliable to post-
decarboxylation is shown by a post-decarboxylation THC value equal to the sum of the
sample’s THC percentage plus the product of its delta-9 tetrahydrocannabinolic acid
(THCa) percentage and 0.877;
(k)
Manufacture, in addition to its definition under the Act, includes any action that
transforms cannabis physically or chemically beyond its principal form as a farm product
or filters, cleans, or trims that product to isolate any of its particular parts or components;
(l)
Move, transport, or similar words mean to relocate in any manner an item from one real
property to another;
(m)
Person means an individual, partnership, corporation, or any other form of legal entity;
(n)
Proof of age means a driver license or other generally accepted means of identification
that describes the individual, indicates his or her age, contains a photograph or other
likeness of the individual, and appears on its face to be valid. In the case of sales by mail
or online orders, proof of age is satisfied by a written, affirmative statement from the
addressee that he or she is at least 21 years of age; and,
(o)
Sample means to take material or the material taken from a location where HDC products
are sold or offered for sale at retail.