Rule 40-32-2-.12 - Violations and Enforcement(1) A hemp grower licensee violates the Georgia Hemp Farming Act when failing to comply with any provision of the Georgia Hemp Farming Act or the applicable requirements set forth in this Chapter.(2) A violation of the Georgia Hemp Farming Act or this Chapter by a hemp grower licensee will be subject to enforcement in accordance with O.C.G.A. § 2-23-10. (a) In the event the Department determines that a hemp grower licensee has negligently violated the Georgia Hemp Farming Act or this Chapter, then the Department will issue a corrective action plan to the hemp grower licensee.1. The corrective action plan will include, but may not be limited to: (i) A reasonable date by which the hemp grower licensee must correct the negligent violation, which may include disposal or remediation of hemp in accordance with this Chapter; and(ii) A requirement that the hemp grower licensee must periodically report to the Commissioner on the compliance status of the hemp grower licensee with the corrective action plan for a period of not less than two (2) years after the violation.2. Hemp grower licensees do not commit a negligent violation if they make reasonable efforts to grow hemp and the tested cannabis does not have a total delta-9-THC concentration of more than 1.0 percent on a dry weight basis.3. The Department will monitor and conduct any and all inspections necessary to determine if the Corrective Action Plan has been implemented as required.(b) If the Commissioner determines that a hemp grower licensee has violated the Georgia Hemp Farming Act or this Chapter with a culpable mental state greater than negligence, the Commissioner will immediately report the hemp grower licensee to the United States Attorney General and the Georgia Attorney General, and such violations will be subject to enforcement in accordance with applicable law.Ga. Comp. R. & Regs. R. 40-32-2-.12
O.C.G.A. §§ 2-2-9; 2-5-1 et seq.; 2-23-1 et seq.
Original Rule entitled "Violations and Enforcement" adopted. F. Feb. 10, 2020; eff. Mar. 1, 2020.Amended: F. Jan. 19, 2022; eff. Feb. 8, 2022.Amended: F. Sept. 11, 2024; eff. Oct. 1, 2024.