Current through 2024-38, September 18, 2024
A. Any violation of 7 M.R.S.A §2231, or
of these rules, may be enforced as a civil violation and shall be grounds for
license suspension or revocation. Such violations include, but are not limited
to:
1. Failure to comply with any term or
condition of the grower license agreement;
2. Failure to provide any information
required or requested by the Department for purposes of enforcing the hemp law
or these rules;
3. Providing false,
misleading or incorrect information pertaining to the licensee's cultivation of
hemp to the Department by any means, including but not limited to information
provided in any application, report, record or inspection required or
maintained for purposes of the hemp law or these rules;
4. Failure to provide a legal description of
the land or building/facility where hemp is produced;
5. Failure to submit a required
report;
6. Failure to pay required
fees;
7. Failure to destroy any
crop following grower license revocation in accordance with Section V(B),
below;
8. Growing Cannabis
sativa L. that when tested is shown to have a total-THC concentration
greater than 0.3% on a dry weight basis or as otherwise defined in federal law;
or,
9. Refusal or failure by a
licensee or authorized representative to fully cooperate and assist with the
inspection process.
B.
When instructed to correct a violation, the grower licensee must:
1. propose a written corrective action plan
to the Department within 10 days of receipt of any notice of violation. The
plan shall also include a proposed date for completion of the corrective action
plan
2. obtain written Department
approval for the corrective action plan;
3. comply with the approved corrective action
plan; and
4. report to the
Department in writing every six months for the next two calendar years
explaining how the registrant is complying with 7 M.R.S.A. §2231 and CMR
01-001 Chapter 274.
C. A
grower licensee that negligently produces Cannabis sativa L. with a total-THC
concentration greater than 0.3% on a dry weight basis or otherwise defined in
federal law must arrange for destruction of the non-compliant hemp crop.
D. A person who negligently
violates these rules three times in a five-year period shall be ineligible to
produce hemp for a period of five years beginning on the date of the third
violation.
E. Licenses that are
revoked for any reason will result in crop destruction.
1. The licensee must destroy the crop in a
manner approved by the Department within 10 days of notification of license
revocation.
2. The licensee is
responsible for paying all costs associated with crop destruction.
