Current through Register Vol. 43, No. 52, December 26, 2024
(a) Each of the following acts and omissions
shall constitute a violation for which disciplinary sanctions, including
revocation of any license and denial of future applications, may be imposed by
the department:
(1) Failure to cooperate with
the department and law enforcement agencies in administration and enforcement
of the act, and amendments thereto, and the implementing regulations;
(2) failure to provide any information
relating to the administration of the pilot program that the department
requests;
(3) providing false,
misleading, or incorrect information relating to the licensee's participation
in the pilot program to the department;
(4) failure to submit any forms or reports as
required;
(5) cultivating,
planting, growing, or otherwise possessing plants of the genus cannabis with a
delta-9 tetrahydrocannabinol concentration greater than 0.3 percent on a
dry-weight basis;
(6) failure to
pay any fees assessed by the department;
(7) submitting a pre-harvest report or
destruction report and harvesting or destroying industrial hemp plants, plant
parts, grain, or seeds before sampling by the department;
(8) harvesting any industrial hemp plants,
plant parts, grain, seeds without being issued a passing report of
analysis;
(9) failure to destroy
any industrial hemp plants, plant parts, grain, seeds, volunteer plants, or
plants of the genus cannabis with a delta-9 tetrahydrocannabinol concentration
greater than 0.3 percent on a dry-weight basis as required by this article of
the department's regulations;
(10)
harvesting any industrial hemp plants, plant parts, grain, or seeds after being
issued a failing report of analysis; and
(11) any other violation of the act, and
amendments thereto, or the implementing regulations.
(b) If a licensee cultivates, plants, grows,
handles, harvests, conditions, stores, distributes, transports, or processes
any industrial hemp plants, plant parts, grain, or seeds as part of the pilot
program at any location not listed on the license, the industrial hemp plants,
plant parts, grain, or seeds at that location shall be destroyed by any
licensee that received a license issued pursuant to the primary licensee's
research license application. The destruction shall be at the primary
licensee's expense, and any license may be revoked.
(c)
(1)
Each licensee whose license is revoked shall destroy any industrial hemp
plants, plant parts, grain, or seeds in that individual's possession at that
individual's own expense, no more than 15 business days after the department
directs the individual to do so. The licensee shall not be eligible to reapply
or otherwise participate in the pilot program for at least five years from the
date of revocation. If a primary licensee's research license is revoked, all
industrial hemp plants, plant parts, grain, or seeds that are subject to the
primary licensee's license shall be destroyed by a licensee listed on the
research license application and at the primary licensee's expense.
(2) Each licensee that will destroy
industrial hemp plants, plant parts, grain, or seeds pursuant to paragraph
(c)(1) shall notify the department of the date and time of destruction within
five days of issuance of the notification that destruction is required. Each
licensee shall notify the department of any change in the destruction date or
time. Additional sampling and testing may be required by the department for a
change of five or more days. Representatives of the department or law
enforcement may be present during the destruction, or proof of the destruction
may be required by the department.
(3) All volunteer plants shall be destroyed
during the current license year and for at least three years after the last
reported date of planting.
(4) No
refund shall be issued for any fees paid by the primary licensee.
(d) If a licensee violates any
provision of the act, and amendments thereto, or the implementing regulations,
any license may be revoked, in whole or in part, by the secretary, as deemed
appropriate.
(e) Any prior
violations of the act, and amendments thereto, the implementing regulations or
previous revocations of a license may be considered when reviewing new research
license applications.