02 NCAC 62 .0103             sampling of THC Level

(a)  All plantings of industrial hemp shall be subject to sampling for THC levels. Licensees to cultivate industrial hemp under these Rules are subject to sampling and analysis of THC levels at any time by the North Carolina Department of Agriculture and Consumer Services' Plant Industry Division or law enforcement agencies. The Division or law enforcement agency collecting the sample shall notify the license holder at the time the sample is collected.

(b)  License holders are responsible for notifying the Division at the time of initiation of floral buds.

(c)  The Division shall sample all fields, or greenhouses, prior to harvest, or randomly, based upon the availability of Division personnel. The sampling unit shall be defined as a distinct field, greenhouse, or variety planted within a field or greenhouse, whichever is smaller.

(d)  Representatives of the Division collecting or transporting the samples shall have the legal right to possess industrial hemp in North Carolina for purposes of collecting the sample and transporting the sample to a laboratory for analysis. The laboratory performing the analysis shall have the legal right to possess industrial hemp, perform the analysis, and retain a portion of the sample.

(e)  The license holder shall be responsible for the cost of all laboratory analytical services of the sample, billable to the license holder by the laboratory performing the analysis.


History Note:        Authority G.S. 106-568.53(8)(a);

Temporary Adoption Eff. February 24, 2017. (Codifier's Note: This Rule shall remain in effect until the permanent rule that replaces the temporary rule becomes effective. See S.L. 2016-93, s. 7).