Tenn. Comp. R. & Regs. 0080-10-01-.06

Current through January 8, 2025

Section 0080-10-01-.06 - VIOLATIONS

(1) In addition to other requirements of the Act and this chapter, persons subject to this chapter must:

(a) Maintain areas where cannabis is grown or kept so as to be readily accessible for inspection;

(b) Provide adequate lighting necessary for inspection of all cannabis and areas where cannabis may be grown or held;

(c) Provide full access to facilities, inventory, records, and invoices necessary to departmental inspection;

(d) Give full information as to the source of cannabis currently or previously held in their possession;

(e) Identify each growing area with the cultivar and USDA Farm Service Agency (FSA) field and/or subfield number, as applicable;

(f) Consent to sampling of all cannabis cultivated by the licensee;

(g) Harvest a hemp crop within 30 days of sampling for testing, unless directed otherwise by the department;

(h) Report hemp crop acreage to FSA annually and within 30 days of new crops being planted. Reports must meet all FSA requirements, including:

1. Street address and GPS location of site for each area where hemp will be grown;

2. Total acreage or square footage dedicated to production of hemp; and

3. Licensee's hemp producer license number; and,

(i) Record each transaction in which the licensee sells or introduces rooted hemp into commerce. The licensee must keep the record for two years from the transaction date. The record must include: the name, contact information, and hemp producer license number for any person who purchased or received the cannabis.

(2) In addition to other requirements of the Act and this chapter, persons subject to this chapter must not:

(a) Possess or receive rooted hemp without first securing a license from the department;

(b) Cultivate cannabis for introduction into commerce without first securing a license from the department;

(c) Sell, supply, or move rooted cannabis to any person in this state not licensed under this division of rules;

(d) Possess or cultivate cannabis showing a post-decarboxylation value for THC in the plant greater than 0.3%, less measurement uncertainty;

(e) Grow more than one variety of cannabis per growing area;

(f) Possess rooted hemp outside a licensed growing area unless it is under immediate transport to another licensed growing area or a licensed hemp-derived cannabinoid product manufacturer, distributor, or retailer;

(g) Harvest hemp or introduce rooted hemp into commerce prior to:

1. Sampling within the previous 30 days, and

2. Departmental receipt of sample test results showing the sample tested within allowable limits for THC;

(h) Interfere with an authorized representative of the department in performance of their duties;

(i) Violate any federal or state quarantine of plants, regulated articles, or other material;

(j) Sell, offer for sale, move, or allow movement of any apparently infested material;

(k) Violate applicable hemp movement regulations of any state or federal agency; or,

(l) Violate any departmental order issued under the Act or this chapter, including but not limited to orders to stop movement, destroy, or remediate cannabis.

(3) A person is responsible for violations of the Act or this chapter when committed by either the person or their agent.

(4) Each violation of the Act or this chapter is grounds for issuance of stop movement, destruction, or remediation orders for any cannabis held by the violator or their agent, denial or revocation of any license issued by the department, actions for injunction, imposition of civil penalties, and/or pursuit of criminal charges against the violator.

Tenn. Comp. R. & Regs. 0080-10-01-.06

New rules filed September 27, 2024; effective 12/26/2024.

Authority: T.C.A. §§ 4-3-203 and 43-27-104.