§ 904.
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§ 904. Cultivator license
(a)A cultivator licensed under this chapter may:
(1)cultivate, process, package, label, transport, test, and sell cannabis to a licensed wholesaler, product manufacturer, retailer, integrated licensee, and dispensary;
(2)purchase and sell cannabis seeds and immature cannabis plants to another licensed cultivator and propagation cultivator; and
(3)possess and sell cannabis products to a licensed wholesaler, product manufacturer, retailer, integrated licensee, and dispensary.
(b)Cultivation of cannabis shall occur only:
(1)on property lawfully in possession of the cultivator or with the written consent of the person in lawful possession of the property; and
(2)in an area that is screened from public view and access is limited to the cultivator and persons 21 years of age or older who have permission from the cultivator.
(c)Representative samples of each lot or batch of cannabis intended for human consumption shall be tested for safety and potency in accordance with rules adopted by the Board.
(d)Each cultivator shall create packaging for its cannabis.
(1)Packaging shall include:
(A)The name and registration number of the cultivator.
(B)The strain and variety of cannabis contained.
(C)The potency of the cannabis represented by the amount of tetrahydrocannabinol and cannabidiol in milligrams total and per serving.
(D)A “harvested on” date reflecting the date the cultivator harvested the cannabis and a “packed on” date reflecting the date the product was packaged for sale.
(E)Appropriate warnings as prescribed by the Board in rule.
(F)Any additional requirements contained in rules adopted by the Board in accordance with this chapter. Rules shall take into consideration that different labeling requirements may be appropriate depending on whether the cannabis is sold to a wholesaler, product manufacturer, or retailer.
(2)Packaging shall not be designed to appeal to persons under 21 years of age.
(e)(1) Only unadulterated cannabis shall be offered for sale. If, upon inspection, the Board finds any violative pesticide residue or other contaminants of concern, the Board shall order the cannabis, either individually or in blocks, to be:
(A)put on stop-sale;
(B)treated in a particular manner; or
(C)destroyed according to the Board’s instructions.
(2)Cannabis ordered destroyed or placed on stop-sale shall be clearly separable from salable cannabis. Any order shall be confirmed in writing within seven days. The order shall include the reason for action, a description of the cannabis affected, and any recommended treatment.
(3)A person may appeal an order issued pursuant to this section within 15 days after receiving the order. The appeal shall be made in writing and in accordance with section 847 of this title and shall clearly identify the cannabis affected and the basis for the appeal. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2021, No. 86 (Adj. Sess.), § 5, eff. March 25, 2022; 2021, No. 158 (Adj. Sess.), § 6, eff. May 31, 2022; 2023, No. 65, § 10, eff. June 14, 2023; 2025, No. 56, § 9, eff. July 1, 2025.)