Current through Register Vol. 43, No. 02, November 27, 2024
(1) An applicant shall not be a participant
in the department's program until the conditionally approved applicant and the
department have executed a grower licensing agreement following the applicant's
completion of the department's mandatory orientation session. Each licensed
grower or producer shall be assigned a department license number in the form
prescribed by USDA.
(2) The grower
licensing agreement shall establish additional terms and conditions governing
participation in the department's program.
(3) The terms and conditions established in
the grower licensing agreement shall include, at a minimum, the following
requirements for licensed growers:
(a)
Acknowledge that licensed growers shall act as agents of the department and
shall comply with instructions from representatives of the department and law
enforcement agencies;
(b) Agree to
pay a licensing fee in the amount established by these administrative
rules;
(c) Consent to entry onto,
and inspection of, all premises where hemp or other cannabis plants or
materials are located, or licensed to be located, by representatives of the
Department and law enforcement agencies, with or without cause, with or without
advance notice;
(d) Consent to
forfeiture and destruction, without compensation, of:
1. Material found to have a measured total
delta-9-THC content in excess of zero and three-tenths (0.3) percent on a dry
weight basis;
2. Plants located in
an area that is not licensed by the department; and
3. Plants not accounted for in required
reporting to the department;
(e) Agree to apply for registration of all
growing, handling, and storage locations, including GPS coordinates, and
receive department approval for those locations prior to having hemp on those
premises;
(f) Acknowledge that
licensed growers shall submit a Site Modification Request Forms, the
appropriate fees based on the requested changes, and obtain prior written
approval from a representative of the department before implementing any change
to the licensed sites stated in the grower licensing agreement, and that
growing site changes shall be subject to a site modification surcharge in the
amount established in these administrative rules for a new set of GPS
coordinates;
(g) Acknowledge that
hemp shall not be grown, handled, or stored in any location other than the
location listed in the grower licensing agreement;
(h) Agree not to interplant hemp with any
other crop without express written permission from the department;
(i) Acknowledge that anyone applying
pesticides to hemp shall apply pesticides in accordance with this
administrative regulation;
(j)
Acknowledge that licensed growers shall comply with restrictions established by
the department limiting the movement of hemp plants and plant parts;
(k) Acknowledge that the risk of financial or
other loss shall be borne solely by the licensed grower;
(l) Agree that any time hemp is in transit, a
copy of the grower licensing agreement shall be available for inspection upon
the request of a representative of the department or a law enforcement
agency;
(m) Agree that, upon
request from a representative of the department or a law enforcement agency, a
licensed grower shall immediately produce a copy of his or her grower licensing
agreement for inspection;
(n) Agree
to submit Hemp Grow Plan Reports, Harvest/Destruction Form, Post-Harvest
Reports and Production Reports, and any other reports required by the
department or USDA, to which the grower has agreed, on or before the deadlines
established in this administrative regulation;
(o) Agree to scout and monitor unregistered
fields for volunteer cannabis plants and to destroy those volunteer cannabis
plants for three (3) years past the last date of planting reported to the
department;
(p) Agree not to employ
or rent land to cultivate hemp from any person who was terminated or denied
admission to the program for one (1) or both of the following reasons:
1. Failure to obtain an acceptable criminal
background check; or
2. Failure to
comply with an order from a representative of the department;
(q) Agree that land used for the
cultivation or storage of hemp shall not be owned by or leased from any person
who was terminated, or denied admission to the program for one (1) or both of
the following reasons:
1. Failure to obtain an
acceptable criminal background check; or
2. Failure to comply with an order from a
representative of the department;
(r) Agree to notify the department of any
interaction with law enforcement immediately by phone and follow-up in writing
within three (3) calendar days of the occurrence; and
(s) Agree to notify the department of any
theft of cannabis materials, whether growing or not.
(t) Agree that the department, law
enforcement or other authorized entities may conduct annual inspections of
licensed growers, at random, to verify that hemp is not being produced in
violation of these rules or state or federal laws and regulations.
(4) Failure to agree or comply
with terms and conditions established in the grower licensing agreement or this
administrative regulation shall constitute grounds for appropriate departmental
action, up to and including termination of the grower licensing agreement and
expulsion from the department's program.
(5) A person who has been expelled from the
program shall not be eligible to reapply to the program for a period of five
(5) years from the date of expulsion.
(6) Failure to agree and sign the grower
licensing agreement shall terminate conditional approval and a licensing
agreement shall not be executed.
(7) The department may deny or revoke any
license for good cause shown.
