§ 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 […]
§ 35-61-103. Industrial Hemp Advisory Committee – Appointments – Duties – Coordination With Commission
The industrial hemp advisory committee is hereby established. The state agricultural commission created in section 35-1-105 shall appoint an advisory committee to advise the commissioner on matters regarding the regulation of industrial hemp production and to assist the commissioner in promulgating rules to carry out this article 61. The commission shall appoint ten members to […]
§ 35-61-104. Registration – Cultivation of Industrial Hemp – Research and Development Growth – Hemp Management Plan – Rules
A person wishing to engage in industrial hemp cultivation shall apply to the department for a registration in a form and manner determined by the commissioner prior to planting the industrial hemp. The application must include the name and address of the applicant and all key participants and the legal description, global positioning system location, […]
§ 35-61-105. Report – Verification of Crop Content – Testing – Waiver of Concentration Limits – Rules
At least annually and more often as required by the commissioner, a person who obtains a registration under this article 61 to engage in industrial hemp cultivation shall file with the department a report that includes the following information: Prior to planting, a verification that the crop the registrant will plant is of a type […]
§ 35-61-105.5. Authorized Samplers – Lot Sampling – Testing Laboratories
The commissioner shall establish a registration and certification program for authorized samplers. The commissioner shall develop hemp sampling and testing procedures to sample and test one hundred percent of the hemp lots planted each year. Each registered land area, including each lot within a registered land area, must be inspected and sampled to ensure compliance […]
§ 35-61-106. Industrial Hemp Registration Program Cash Fund – Industrial Hemp Research Grant Fund – Fees
There is hereby created in the state treasury the industrial hemp registration program cash fund, referred to in this article as the “fund”. The fund consists of fees collected by the commissioner pursuant to subsection (2) of this section and any general fund moneys appropriated to the fund by the general assembly. The moneys in […]
§ 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. […]