US Lawyer Database

80-18-110. Disposition of fees

80-18-110. Disposition of fees. All fees assessed as provided in 80-18-107 must be deposited with the state treasurer to the credit of the state special revenue fund for the use of the department for administering and enforcing this part. History: En. Sec. 6, Ch. 360, L. 2001.

80-18-111. Affirmative defense for possession or cultivation of marijuana

80-18-111. Affirmative defense for possession or cultivation of marijuana. It is an affirmative defense to a prosecution for the possession or cultivation of marijuana that the defendant was growing or processing hemp in compliance with this part or a tribal plan approved by the United States department of agriculture. History: En. Sec. 7, Ch. 360, L. 2001; […]

80-18-103. Hemp — licensing

80-18-103. Hemp — licensing. (1) An individual growing hemp or selling propagatable hemp or hemp seeds shall apply to the department for a license on a form prescribed by the department. (2) The application for a license must include the name and address of the applicant and the legal description of the land area to be used […]

80-18-106. Hemp production — notification requirements

80-18-106. Hemp production — notification requirements. Each licensee shall file with the department: (1) documentation showing the type and variety of seeds; and (2) a copy of any contract to grow hemp. History: En. Sec. 4, Ch. 360, L. 2001; amd. Sec. 4, Ch. 289, L. 2019; amd. Sec. 4, Ch. 59, L. 2021.

80-18-107. Rulemaking authority

80-18-107. Rulemaking authority. The department shall adopt rules that include but are not limited to: (1) testing of the hemp during growth to determine tetrahydrocannabinol levels; (2) supervision of the hemp during its growth and harvest; (3) assessment of a fee that is commensurate with the costs of the department’s activities in licensing, testing, and supervising hemp production; (4) a […]

80-18-101. Definitions

80-18-101. Definitions. As used in this part, the following definitions apply: (1) ”Hemp” means all parts and varieties of the plant Cannabis consistent with the United States department of agriculture’s definition of hemp and rules established by the department. (2) ”Hemp crude” means a hemp derivative in a temporary state of not complying with the legal definition of […]

80-18-102. Hemp authorized as agricultural crop

80-18-102. Hemp authorized as agricultural crop. Hemp is considered an agricultural crop in this state. Upon meeting the requirements of 80-18-103, an individual in this state may plant, grow, harvest, possess, process, sell, or buy hemp, including cultivatable seeds or plants. History: En. Sec. 2, Ch. 360, L. 2001; amd. Sec. 2, Ch. 289, L. 2019; amd. […]