51.10.020 Negligent Violation

(a) Below is a non-exclusive list of actions that constitute a negligent violation of this title:

(1) Failing to provide an accurate legal description of any cultivation site or processing site;

(2) Failing to provide an accurate building plan for a hemp processing facility;'

(3) Failing to obtain a license or other required authorization from the Commission, as applicable;

(4) Producing hemp with a THC concentration of more than .3%, unless the Licensee took reasonable efforts to grow hemp and the cannabis produced does not have a THC concentration level of more than .5% on a dry weight basis;

(5) Processing hemp with a THC concentration of more than .3%, unless the Licensee took reasonable efforts to ensure that hemp was appropriately tested prior to processing; and

(6) Processing hemp intended for human consumption in a manner that is unsanitary or unsafe.

(b) A Licensee who negligently violates this title shall comply with a corrective action plan established by the Commission and, if applicable, the Health Authority to correct the negligent violation. Each corrective action plan shall include, at a minimum, the following terms:

(1) A reasonable date by which the Licensee shall correct the negligent violation;

(2) A requirement that the Licensee periodically report to the Commission on its compliance within this Plan for a period of (2) calendar years from the date of the negligent violation; and

(3) A statement that the Commission shall conduct periodic inspections of the Licensee's cultivation sites to ensure that the plan has been implemented as submitted and continued compliance with the corrective action plan and this title.

(c) A Licensee that negligently violates any State, Tribal, or USDA plan shall not, as a result of that violation, be subject to any criminal enforcement action by federal, state or Tribal officials.

(d) A Licensee that negligently violates this title three (3) times in a five-year period shall be ineligible to produce or process hemp for a period of five (5) years beginning on the date of the third violation.