Okla. Stat. tit. 2, § 2-3-601

Program - Definitions.

A. This act shall be known and may be cited as the "Oklahoma

Industrial Hemp Remediation Program".

B. As used in the Oklahoma Industrial Hemp Remediation Program,

the following words and terms, and any derivative of such words or

terms, shall have the following meanings, unless the context clearly

indicates otherwise:

1. "Cannabis" means a genus of flowering plants in the family

Cannabaceae of which Cannabis sativa is a species and Cannabis

indica and Cannabis ruderalis are subspecies thereof. Cannabis

refers to any form of the plant in which the delta-9

tetrahydrocannabinol concentration on a dry-weight basis has not yet

been determined;

2. "Certified laboratory" means the laboratory operated by the

Oklahoma Department of Agriculture, Food, and Forestry or a

laboratory located in Oklahoma that is certified by the Department;

3. "Commercial sale" means the sale of a product in the stream

of commerce at retail, at wholesale or on the Internet;

4. "CSA" means the federal Controlled Substances Act;

5. "DEA" means the United States Drug Enforcement

Administration;

6. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

Oklahoma Statutes - Title 2. Agriculture Page 161

7. "Hemp" means the plant Cannabis sativa L. and any part of

such plant including, but not limited to, the seeds and all

derivatives, extracts, cannabinoids, isomers, acids, salts and salts

of isomers, whether growing or not, and grown from a certified seed

with a delta-9 tetrahydrocannabinol concentration of not more than

three-tenths of one percent (0.3%) on a dry-weight basis. Hemp and

hemp-derived cannabinoids, including cannabidiol, shall be

considered an agricultural commodity and not a controlled substance

due to the presence of hemp or hemp-derived cannabinoids;

8. "Hemp Program" means the Oklahoma Industrial Hemp

Remediation Program and any final ruling from the USDA;

9. "Law enforcement" means any federal, state or local agencies

responsible for maintaining public order and enforcing the law;

10. "License" means the written authorization by the Department

for any person to grow, process, handle or transport certified seeds

or hemp in this state;

11. "Person" means any natural person or any corporation,

general partnership, limited partnership, limited liability

partnership, limited liability company, trust, estate, charitable

organization, joint stock company, joint venture, association or any

other business or similar organization recognized by the state;

12. "Processor" means any person who is licensed by the

Department to process hemp in this state;

13. "State" means the State of Oklahoma;

14. "THC" means delta-9 tetrahydrocannabinol, which is a

psychoactive component in cannabis plants;

15. "Tracking software" means software that is approved by the

Department and is capable of transparently tracking hemp in any

state or form whatsoever including, but not limited to, a certified

seed, any stage of growth, processing or handling, and any hemp

product; and

16. "USDA" means the United States Department of Agriculture.

C. In the event that any hemp produced under the Hemp Program

is determined by testing results to be noncompliant with the Hemp

Program, the person holding the license for the noncompliant hemp

may request approval from the Department to remediate the

noncompliant hemp.

D. If the Department approves the remediation of the

noncompliant hemp, the person holding the license shall promptly

have the noncompliant hemp extracted by a licensed processor into

concentrated form and the hemp concentrate shall be sampled by a

certified laboratory for compliance with USDA levels for THC in

concentrated form.

E. If the samples of the hemp concentrate are below USDA levels

for THC, the hemp concentrate shall be compliant as a hemp product

with the Hemp Program and may be used in commercial sales.
noncompliant hemp extracted by a licensed processor into

concentrated form and the hemp concentrate shall be sampled by a

certified laboratory for compliance with USDA levels for THC in

concentrated form.

E. If the samples of the hemp concentrate are below USDA levels

for THC, the hemp concentrate shall be compliant as a hemp product

with the Hemp Program and may be used in commercial sales.

Oklahoma Statutes - Title 2. Agriculture Page 162

F. If the samples of the hemp concentrate are above the USDA

levels for THC, the hemp concentrate shall be noncompliant with the

Hemp Program and shall be destroyed in accordance with the CSA and

DEA regulations found at 21 C.F.R., Section 1317.15, as enforced by

federal, state and local law enforcement. The person holding the

license for the noncompliant hemp concentrate shall promptly notify

the Department and USDA of its intent to destroy the noncompliant

hemp concentrate and verify destruction by submitting required

documentation using the tracking software.