Current through Vol. 42, No. 1, September 16, 2024
(a) The Department may deny, suspend, or
revoke a license or fine a licensee upon a finding by the Department that the
licensee has violated the provisions of the Oklahoma Industrial Hemp Program
and the rules of this subchapter.
(b) Violations committed by subcontractors or
officials and employees thereof shall be considered violations of the
licensee.
(c) The fine for
violating the provisions of the Oklahoma Industrial Hemp Program and the rules
of this subchapter shall not exceed Ten Thousand Dollars ($10,000.00) per
violation per day or occurrence.
(d) A violation of the provisions of the
Oklahoma Industrial Hemp Program and the rules of this subchapter shall be
subject to enforcement in accordance with Title 2 O.S. §§
3-401
et
seq.
(e) A violation of
the provisions of the Oklahoma Industrial Hemp Program and the rules of this
subchapter may result in civil action.
(f) If the Department determines that a
licensee has negligently violated the Oklahoma Industrial Hemp Program and the
rules of this subchapter, the Department may issue a corrective action plan to
the licensee.
(1) A corrective action plan
shall include, but not be limited to:
(A) A
reasonable date by which the licensee shall correct the negligent violation,
which may include destruction of hemp crops in accordance with the rules of
this subchapter;
(B) A requirement
that the licensee shall periodically report to the Department 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
(C) Any reasonable steps the Department
determines necessary to address each negligent violation.
(2) A licensee shall not have committed a
negligent violation if the licensee has made reasonable efforts to grow hemp
and the cannabis (marijuana) does not have a delta-9 tetrahydrocannabinol
concentration of more than 1.0 percent on a dry weight basis.
(3) The Department shall monitor and conduct
inspections as necessary to determine if the corrective action plan has been
implemented as required.
(g) If the Department determines that a
licensee has violated the Oklahoma Industrial Hemp Program and rules of this
subchapter with a culpable mental state greater than negligence, the Department
shall immediately report the licensee to the United States Attorney General and
the Oklahoma Attorney General and the violations shall be subject to
enforcement in accordance with applicable law.
(h) Violations of the Oklahoma Industrial
Hemp Program and the rules of this subchapter shall include, but not be limited
to, the following conduct:
(1) Providing
false, misleading, or incorrect information or otherwise engaging in fraud or
deception to secure or retain a license;
(2) Failure to timely, accurately, and
truthfully complete and submit any application, report, or request for
information from the Department;
(3) Failure to retain records required by
this subchapter or produce such records at the request of the
Department;
(4) Failure to be
present or send a representative for a routine inspection;
(5) Interference with the inspection process,
including, but not limited to, refusal to grant unrestricted access to a
cultivation site, impeding the sampling of plants, or refusal or failure to
fully cooperate with the Department's inspections;
(6) Failure to timely pay any fee or invoice
issued by the Department;
(7)
Planting, growing, harvesting, storing, or processing the plant, Cannabis
sativa L., in locations other than the cultivation site described in the
application for license or amendments thereto;
(8) Commingling hemp plant material from one
lot with hemp plant material from another lot;
(9) Refusal or failure to comply with orders
of the Department or the rules of this subchapter requiring the destruction of
hemp, Cannabis sativa L. plants, with a total delta-9 tetrahydrocannabinol
concentration of exceeding three-tenths of one percent (0.3%) on a dry weight
basis, or any plant parts thereof;
(10) Handling, processing, or selling
non-compliant hemp which enters the stream of commerce;
(11) Failure to disclose different varieties
of Cannabis sativa L. plants in a single growing area;
(12) Failure to follow transportation rules
as provided within this subchapter; and
(13) Processing or handling hemp grown
without a license.
