| (a) Cannabis plants exceeding the acceptable hemp THC
level constitute marijuana, a Schedule I controlled substance, which
must be disposed of in accordance with the federal Controlled Substances
Act (CSA) in 21 C.F.R. §13 and DEA regulations in 21 C.F.R. §1317.15.
(b) A final test result exceeding the acceptable hemp
THC level shall be conclusive evidence that the lot represented by
the sample is non-compliant with state and federal law. The cannabis
on that lot may not be further handled, processed, or enter the stream
of commerce, other than for disposal purposes in strict compliance
with the CSA and DEA regulations.
(c) Disposal of Non-compliant Cannabis Plants.
(1) Within five (5) days of receiving a notice of disposal
from the Department, the license holder shall contact an appropriate
DEA-registered reverse distributor or other authorized person or entity
to request disposal of the non-compliant cannabis plants in strict
compliance with the CSA and DEA regulations.
(2) The license holder shall pay all costs and fees
required for the destruction of non-compliant cannabis plants and
shall surrender such plants to the DEA-registered reverse distributor
or other authorized person or entity for disposal in accordance with
DEA regulations, without compensation from TDA, the State of Texas,
or U.S. authorities.
(d) License holders must notify USDA and the Department
of intent to dispose of non-compliant cannabis plants and verify disposal
by maintaining and submitting records of the disposal.
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