Current through Register Vol. 30, No. 38, September 20, 2024
A. A licensee commits a violation of this
Article by:
1. Failing to provide a legal
description of land on which a licensee grows, processes, stores or researches
industrial hemp or hemp seed;
2.
Failing to obtain the proper license with the Department;
3. Producing or distributing Cannabis sativa,
with a total delta-9 THC concentration greater than 1.0% on a dry weight basis,
unless otherwise permitted by state or federal law, rule or order;
4. Violating a term or condition of the
signed licensing agreement or corrective action plan; or
5. Violating any law, rule, or order in the
regulation of industrial hemp.
B. False Statement. Any person who materially
falsifies any information contained in an application to participate in the
program established under this Article shall be ineligible to participate in
the program.
C. No unauthorized
person shall:
1. Grow, cultivate, handle,
store, harvest, transport, import or process industrial hemp
2. Trespass on a property registered as an
industrial hemp site;
3. Disturb,
damage or destroy an industrial hemp plant or crop on a registered location;
or
4. Tamper, damage or destroy
posted signage as required under
R3-4-1007(B).
D. No authorized program licensee
shall:
1. Offer for sale, trade, transfer
possession of, gift, or otherwise relinquish possession of industrial hemp
plants, plant parts, or hemp seed that is capable of germination to an
unauthorized person;
2. Destroy an
industrial hemp crop, stored industrial hemp or hemp seed without prior
notification to the Department; or
3.
Import or export industrial hemp plants or plant parts for processing, or seed
or propagative material for planting purposes , without notifying the
Department and complying with all import or export regulatory
requirements.
E.
Intentional, Knowing, or Negligent Violations. Any violation of state or
federal law rule or order that is determined to be committed intentionally or
knowingly ("culpable mental state greater than negligence") shall be reported
to the State Attorney General , the U.S. Attorney General and any relevant
state and local law enforcement agencies. Negligent violations are not subject
to federal, state, tribal, or local government criminal enforcement
action.
