Louisiana Revised Statutes 3:1468 – A.(1) The department shall collect samples to test all industrial hemp crops, except those crops produced by licensees approved by the department for performance-based sampling, prio
Terms Used In Louisiana Revised Statutes 3:1468
- Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:1462
- Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1462
- Grower: means any individual, partnership, corporation, cooperative association, or other business entity that is licensed by the department to cultivate industrial hemp. See Louisiana Revised Statutes 3:1462
- Handler: means any individual, partnership, corporation, cooperative association, or other business entity that handles industrial hemp. See Louisiana Revised Statutes 3:1462
- Industrial hemp: means the plant Cannabis sativa L. See Louisiana Revised Statutes 3:1462
- Industrial hemp seed: means Cannabis sativa L. See Louisiana Revised Statutes 3:1462
- Performance-based sampling: means an alternative sampling method utilized by the department to ensure, at confidence level of 95%, that no more than one percent of the industrial hemp plants in each lot subject to the alternative sampling method will test above a total delta-9 THC concentration of 0. See Louisiana Revised Statutes 3:1462
- Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
- Process: means converting industrial hemp into a marketable form. See Louisiana Revised Statutes 3:1462
- Processor: means any individual, partnership, corporation, cooperative association, or other business entity that receives industrial hemp for processing into commodities or products. See Louisiana Revised Statutes 3:1462
- Seed producer: means a person licensed by the department to obtain, produce, transport, and sell industrial hemp seed in the state. See Louisiana Revised Statutes 3:1462
- THC: means a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid. See Louisiana Revised Statutes 3:1462
A.(1) The department shall collect samples to test all industrial hemp crops, except those crops produced by licensees approved by the department for performance-based sampling, prior to harvest to ensure the THC concentration does not exceed a total delta-9 THC concentration of 0.3 percent on a dry weight basis. The grower shall harvest his approved industrial hemp plants not more than thirty days following the date of sample collection by the department, unless specifically authorized in writing by the department.
(2) The department shall ensure that one or more of the following factors exist when determining if a licensee is eligible for performance-based sampling:
(a) The variety or strain is recognized as AOSCA Certified Seed or has consistently demonstrated to result in compliant hemp plants pursuant to the sampling and testing process of the department.
(b) The hemp is produced for grain or fiber and no leaf or floral material will be harvested.
(c) The producer is conducting industrial hemp research.
(d) The producer has consistently produced compliant industrial hemp plants over an extended period of time.
(e) The producer is growing immature industrial hemp plants produced from industrial hemp seed of known compliant varieties and the plants will be harvested prior to flowering.
(3) The department may enter into contracts, cooperative endeavor agreements, memoranda of understanding, or other agreements with any public postsecondary education institution for the testing of THC levels in industrial hemp crops or industrial hemp products deemed necessary by the commissioner.
B. In addition to any scheduled testing, the department may randomly inspect any industrial hemp crop or industrial hemp product in the possession of any person or entity with a grower, processor, handler, or seed producer license and take a representative composite sample for THC concentration analysis if the department has reason to believe a violation of this Part has occurred.
Acts 2019, No. 164, §1, eff. June 6, 2019; Acts 2020, No. 344, §1; Acts 2021, No. 336, §1; Acts 2022, No. 498, §1, eff. June 16, 2022.