Compilation of Rules and Regulations of the State of Georgia
Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE
Chapter 40-32 - HEMP GROWERS AND PROCESSORS
Subject 40-32-2 - HEMP GROWERS
Rule 40-32-2-.12 - Violations and Enforcement
Universal Citation: GA Rules and Regs r 40-32-2-.12
Current through Rules and Regulations filed through September 23, 2024
(1) Violations include, but are not limited to, the following:
(a) Cultivating or
handling hemp without a Hemp Grower License from the Department;
(b) Cultivating or handling any cannabis that
is not hemp;
(c) Cultivating hemp
that exceeds the acceptable hemp THC level;
(d) Selling, transferring, shipping,
transporting, delivering, distributing, or otherwise providing hemp that
exceeds the acceptable hemp THC level;
(e) Cultivating or handling hemp on a site
not approved by the Department as part of the Hemp Grower License;
(f) Allowing unsupervised public access to
hemp growing or handling areas, including storage areas;
(g) Denying any Department or law enforcement
official access for compliance, sampling, or inspection purposes;
(h) Failure to keep and maintain any records,
documents, or information required by these Rules;
(i) Failure to make any timely report
required by these Rules;
(j)
Failure to comply with any of the Grower Responsibilities and
Restrictions;
(k) Failure to comply
with any of the Grower License Term and Conditions; and
(l) Failure to comply with, or any violation
of, any other provision of the Georgia Hemp Farming Act or these
Rules.
(2) A violation of the Georgia Hemp Farming Act or these Rules will be subject to enforcement in accordance with O.C.G.A. § 2-23-10.
(a) In the event the Department determines
that a Licensee has negligently violated the Georgia Hemp Farming Act or these
Rules, then the Department will issue a Corrective Action Plan to said
Licensee.
1. The Corrective Action Plan will
include, but may not be limited to:
(i) A
reasonable date by which the Licensee must correct the negligent violation,
which may include disposal or remediation of hemp in accordance with these
Rules;
(ii) A requirement that the
Licensee must periodically report to the Commissioner on the compliance status
of the Licensee with the Corrective Action Plan for a period of not less than
two (2) years after the violation; and
(iii) Any and all reasonable steps the
Department deems necessary and proper to address the negligent
violation(s).
2.
Licensees do not commit a negligent violation if they make reasonable efforts
to grow hemp and the cannabis (marijuana) does not have a total delta-9
tetrahydrocannabinol concentration of more than 1.0 percent on a dry weight
basis.
3. The Department will
monitor and conduct any and all inspections necessary to determine if the
Corrective Action Plan has been implemented as required.
(b) If the Commissioner determines that a
Licensee has violated the Georgia Hemp Farming Act or these Rules with a
culpable mental state greater than negligence, the Commissioner will
immediately report the Licensee to the United States Attorney General and the
Georgia Attorney General, and such violations will be subject to enforcement in
accordance with applicable law.
(c)
Persons who violate the Georgia Hemp Farming Act or these Rules are subject to
enforcement in accordance with the Georgia Hemp Farming Act, these Rules, and
other applicable state law.
(d)
Violations of the Georgia Hemp Farming Act or these Rules may constitute a
public nuisance under Georgia law, and civil enforcement may result.
O.C.G.A. § 2-23-12.
Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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