Idaho Administrative Code
Title IDAPA 02 - Agriculture, Department of
Rule 02.01.07 - RULES GOVERNING HEMP
Section 02.01.07.900 - VIOLATIONS

Universal Citation: ID Admin Code 02.01.07.900

Current through September 2, 2024

01. Negligent Acts. Negligent acts include:

a. Failure to provide an accurate legal description of land where hemp is produced;

b. Failure to obtain a license; or

c. Production of hemp exceeding the acceptable THC level.

02. License holders shall not be subject to more than one (1) negligent violation per calendar year.

03. Corrective Actions. Upon any determination that a negligent act related to the growth or handling of hemp has occurred, the Department will institute a corrective action plan which must include:

a. A reasonable date to correct the negligent act; and

b. A requirement to periodically report to the Department regarding compliance with the corrective action plan for a period of not less than two (2) consecutive calendar years.

04. Agency Inspection. The Department will conduct inspections to determine if the corrective action plan was implemented.

05. Not Subject to Criminal Enforcement. As a result of a negligent violation, a licensee is not subject to criminal enforcement action.

06. Non-negligent Violations. Violations with a culpable mental state greater than negligence, including knowingly growing hemp containing a delta-9-THC concentration that exceeds three-tenths percent (0.3%) on a dry weight basis will be reported by the Department to the Idaho State Police and the U.S. Attorney General.

07. Penalties and Procedure. Penalties, including license suspension or revocation, and due process procedures are governed under Section 22-1705(5), Idaho Code, and the Idaho Administrative Procedure Act, Chapter 52, Title 67, Idaho Code.

Effective March 15, 2022

Disclaimer: These regulations may not be the most recent version. Idaho 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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