§ 35-61-112. Civil Penalties
Any person who violates any provision of this article 61 or any rule adopted pursuant to this article 61 is subject to a civil penalty, as determined by the commissioner. Before imposing any civil penalty, the commissioner shall consider the severity of the violation, the amount of harm caused by such a violation, the presence […]
§ 35-61-113. Powers and Duties of Commissioner – Rules
The commissioner may administer and enforce the provisions of this article 61 and any rules adopted pursuant thereto. The commissioner may adopt all reasonable rules for the administration and enforcement of this article 61, including but not limited to: Minimum standards of the acceptable hemp THC level; Maintenance of records concerning all hemp plant lots […]
§ 35-61-114. Inspections – Investigations – Access – Subpoenas
The commissioner, upon his or her own motion or upon the complaint of any person, may make any investigations necessary to ensure compliance with this article 61. Complaints of record and the results of the investigations may, in the discretion of the commissioner, be closed to public inspection, except to the person in interest, as […]
§ 35-61-107. Violations – Penalties – Denial of Registration – Application
The commissioner may deny, revoke, or suspend a registration if the applicant or registrant: Violates any provision of this article or rules adopted pursuant to this article; Engages in fraud or deception in the procurement of or attempt to procure a registration under this article or provides false information on a registration application; or Fails […]
§ 35-61-108. Exportation of Industrial Hemp – Processing, Sale, Manufacturing, and Distribution – Rules
Nothing in this article 61 limits or precludes the exportation of industrial hemp in accordance with the federal “Controlled Substances Act”, as amended, 21 U.S.C. sec. 801 et seq., federal regulations adopted under the act, and case law interpreting the act. The conduct authorized under this section is intended to be consistent with federal law. […]
§ 35-61-110. Record-Keeping Requirements
Each registrant shall maintain records of all hemp plant lots acquired, produced, handled, or disposed of in the form and manner designated by the commissioner. The producer shall retain the records for three years. The commissioner may request all reports and records required as part of registration, including confidential data or business information including but […]
§ 35-61-110.3. Cross-Pollination – Working Group – Reporting – Repeal
On or before November 1, 2021, the commissioner, in collaboration with the state licensing authority, the governor’s deputy legal counsel, and the governor’s special advisor on cannabis, shall work with a working group convened to study and recommend options for minimizing cross-pollination between cannabis plants, including: How to minimize volunteer cannabis plants growing on areas […]
§ 35-61-111. Unlawful Acts
Unless otherwise authorized by law, it is unlawful and a violation of this article 61 for any person to: Cultivate hemp without having a valid registration from the department; Harvest the industrial hemp crop in excess of the time allowed by the commissioner after sampling by an authorized sampler; Refuse to comply with a cease-and-desist […]
§ 35-61-101. Definitions
As used in this article 61, unless the context otherwise requires: “Acceptable hemp THC level” means when the application of the measurement of uncertainty to the reported delta-9 THC content concentration level on a dry weight basis produces a distribution or range that includes three-tenths of one percent or less. (1.3) “Authorized sampler” means an […]
§ 35-61-102. Industrial Hemp – Permitted Growth by Registered Persons
Notwithstanding any other provision of law to the contrary, a person who holds a registration issued pursuant to section 35-61-104 may engage in industrial hemp cultivation for commercial purposes. Notwithstanding any other provision of law, a person registered pursuant to section 35-61-104 is not subject to any civil or criminal actions for engaging in the […]