Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 32.00 - Hemp Production
Section 32.08 - Enforcement
Universal Citation: 330 MA Code of Regs 330.32
Current through Register 1531, September 27, 2024
(1) Any violation of 330 CMR 32.00 shall be subject to enforcement by the Department pursuant to 330 CMR 32.08.
(2) Negligent Violations.
(a) A Negligent violation shall include, but
not be limited to, the following:
1. Failure
to provide to the Department an accurate legal description of land on which the
Licensee cultivates Hemp;
2.
Failure to obtain a License; or
3.
Producing Cannabis with a delta-9 tetrahydrocannabinol concentration of more
than 0.3%, but only if the Cannabis has a delta-9 tetrahydrocannabinol
concentration of more than 1.0% on a dry weight basis, provided that the Person
made reasonable efforts to grow Hemp.
(b) No Person shall receive more than one
negligent violation per calendar year unless otherwise authorized by the 7 CFR
Part 990, as amended.
(c) A Person
who is found by the Department to have engaged in a Negligent violation three
or more times in a five-year period shall have any License revoked and be
ineligible to apply for a License for a period of five years beginning on the
date of the third violation.
(3) Corrective Action Plans for Negligent Violations. The Department shall issue a Corrective Action Plan for Negligent violations that shall include, at a minimum, the following:
(a) Steps to correct each
Negligent violation identified by the Department;
(b) A reasonable date by which the Licensee
shall correct the Negligent violation;
(c) A requirement that the Licensee report to
the Department for a period of not less than two years from the date of the
Negligent violation; and
(d) A
requirement that an inspection be conducted by the Department to determine if
the Corrective Action Plan has been implemented as submitted.
(4) Violations Deemed Greater than Negligent.
(a) All
other violations which are deemed by the Department to involve a culpable
mental state greater than Negligence shall be reported by the Department to the
Office of the Attorney General of the Commonwealth and the Attorney General of
the United States, shall not be subject to 330 CMR 32.08(2)(b) and may result
in refusal to renew, suspension, or revocation of a License.
(b) Any person who willfully violates M.G.L.
c. 128, §§ 116 through 123, may also be subject to enforcement as set
forth therein.
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