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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
