15.01.090 Violations and Enforcement

(a) Responsibility Of Producer After Laboratory Testing Is Performed.

(1) The producer shall harvest the crop no later than thirty (30) days after the date of sample collection.

(2) If the producer fails to complete harvest within thirty (30) days of sample collection, a second pre-harvest sample of the lot shall be required to be submitted for testing.

(3) Harvested lots of hemp plants shall not be commingled with other harvested lots or other material.

(4) Lots that meet the acceptable hemp THC level may enter the stream of commerce.

(5) Lots that do not meet the acceptable hemp THC level are subject to Section 15.01.090(b)-Section 15.01.090(e), below.

(6) Any producer may request additional pre-harvest testing if it is believed that the original total delta-9 tetrahydrocannabinol concentration level test results were in error. Additional testing may be conducted by the laboratory that conducted the initial test, or another laboratory.

(b) Non-Compliant Cannabis Plants.

(1) Cannabis plants exceeding the acceptable hemp THC level constitute marijuana, a schedule I controlled substance under the Controlled Substances Act (CSA), 21 U.S.C. 801 et seq., and producers must either use a DEA-registered reverse distributor or law enforcement to dispose of non-compliant plants or ensure the disposal of such cannabis plant on site at the farm or hemp production facility.

(2) Producers must notify the HCO of their intent to dispose of or remediate non-conforming plants and verify disposal or remediation by submitting required documentation.

(3) If a producer elects to perform remediation activities, an additional sampling and testing of the post-remediated crop must occur to determine THC concentration levels.

(1) Violations of this part shall be subject to enforcement in accordance with the terms of this section.

(A) Negligent violations. Hemp producers are not subject to more than one negligent violation per calendar year. A hemp producer shall be subject to enforcement for negligently:

(i) Failing to provide an accurate legal description of land where hemp is produced;

(ii) Producing hemp without a license; and

(iii) Producing cannabis exceeding the acceptable hemp THC level. Hemp producers do not commit a negligent violation under Section 15.01.090(c)(1)(A) if they make reasonable efforts to grow hemp and the cannabis does not have a total THC concentration of more than 1.0 percent on a dry weight basis.

(B) Corrective action for negligent violations. For each negligent violation, the HCO will issue a Notice of Violation and require a corrective action plan from the producer. The producer shall comply with the corrective action plan to cure the negligent violation. Corrective action plans will be in place for a minimum of two (2) years from the date of their approval. Corrective action plans will, at a minimum, include:

(i) The date by which the producer shall correct each negligent violation;

(ii) Steps that will be taken to correct each negligent violation; and

(iii) A description of the procedures that will demonstrate compliance must be submitted to the HCO.

(C) Negligent violations and criminal enforcement. A producer who negligently violates this part shall not, as a result of that violation, be subject to any criminal enforcement action by any Federal, State, Tribal, or local government.

(D) Subsequent negligent violations. If a subsequent negligent violation occurs while a corrective action plan is in place, a new corrective action plan must be submitted with a heightened level of quality control, staff training, and quantifiable action measures.

(E) Negligent violations and license revocation. A producer that negligently violates the license 3 times in a 5-year period shall have their license revoked and be ineligible to produce hemp for a period of 5 years beginning on the date of the third violation.

(F) Culpable mental state greater than negligence. If the HCO determines that a producer has violated the terms of the license or of this part with a culpable mental state greater than negligence the HCO shall immediately report the licensee to:

(i) The U.S. Attorney General; and

(ii) The Tribe's General Counsel and Chief of Police; and

(iii) Paragraphs (a)(2) and (a)(3) of this section shall not apply to culpable violations.

(d) License suspension.

(1) The HCO may issue a notice of suspension to a producer if it receives some credible evidence establishing that a producer has:

(A) Engaged in conduct violating a provision of this part; or

(B) Failed to comply with a written order from the HCO related to negligence as defined in this part.

(2) Any producer whose license has been suspended shall not handle or remove hemp or cannabis from the location where hemp or cannabis was located at the time when the HCO issued its notice of suspension, without prior written authorization from the HCO.

(3) Any person whose license has been suspended shall not produce hemp during the period of suspension.

(4) A producer whose license has been suspended may appeal that decision in accordance with Section 15.01.040(d)

(5) A producer whose license has been suspended and not restored on appeal may have their license restored after a waiting period of one year from the date of the suspension. If the license was issued more than three years prior to the date of restoration, the producer shall submit a new application and criminal history report to the HCO.

(6) A producer whose license has been suspended may be required to provide, and operate under, a corrective action plan to fully restore their license.

(e) License Revocation.

(1) The HCO shall immediately revoke the license of a producer if such producer:

(A) Pleads guilty to, or is convicted of, any felony related to a controlled substance; or

(B) Made any materially false statement with regard to this part to the HCO or its representatives with a culpable mental state greater than negligence; or

(C) Is found to be growing cannabis exceeding the acceptable hemp THC level with a culpable mental state greater than negligence or negligently violated this part three times in five years.