01-001-274 Me. Code R. § V

Current through 2024-49, December 4, 2024

Section 001-274-V - Violations

A. Any violation of 7 M.R.S.A §2231, or of these rules, may be enforced as a civil violation and shall be grounds for license suspension or revocation. Such violations include, but are not limited to:

1. Failure to comply with any term or condition of the grower license agreement;

2. Failure to provide any information required or requested by the Department for purposes of enforcing the hemp law or these rules;

3. Providing false, misleading or incorrect information pertaining to the licensee's cultivation of hemp to the Department by any means, including but not limited to information provided in any application, report, record or inspection required or maintained for purposes of the hemp law or these rules;

4. Failure to provide a legal description of the land or building/facility where hemp is produced;

5. Failure to submit a required report;

6. Failure to pay required fees;

7. Failure to destroy any crop following grower license revocation in accordance with Section V(B), below;

8. Growing Cannabis sativa L. that when tested is shown to have a total-THC concentration greater than 0.3% on a dry weight basis or as otherwise defined in federal law; or,

9. Refusal or failure by a licensee or authorized representative to fully cooperate and assist with the inspection process.

B. When instructed to correct a violation, the grower licensee must:

1. propose a written corrective action plan to the Department within 10 days of receipt of any notice of violation. The plan shall also include a proposed date for completion of the corrective action plan

2. obtain written Department approval for the corrective action plan;

3. comply with the approved corrective action plan; and

4. report to the Department in writing every six months for the next two calendar years explaining how the registrant is complying with 7 M.R.S.A. §2231 and CMR 01-001 Chapter 274.

C. A grower licensee that negligently produces Cannabis sativa L. with a total-THC concentration greater than 0.3% on a dry weight basis or otherwise defined in federal law must arrange for destruction of the non-compliant hemp crop.

D. A person who negligently violates these rules three times in a five-year period shall be ineligible to produce hemp for a period of five years beginning on the date of the third violation.

E. Licenses that are revoked for any reason will result in crop destruction.

1. The licensee must destroy the crop in a manner approved by the Department within 10 days of notification of license revocation.

2. The licensee is responsible for paying all costs associated with crop destruction.

01-001 C.M.R. ch. 274, § V