Current through Public Act 190 of the 2024 Legislative Session
Section 333.29601 - Negligent violations of this act; notice; corrective action plan; penalties(1) A grower negligently violates this act if the grower does any of the following: (a) Fails to provide a legal description for each field, greenhouse, building, or other location where industrial hemp will be grown under section 201.(b) Fails to obtain a registration.(c) Grows industrial hemp that exceeds the acceptable THC level but does not have more than 1.0% total delta-9-THC on a dry weight basis.(d) Any other violation that the department determines is negligent under subsection (7).(2) If a grower violates subsection (1), the department shall issue the grower a notice of violation and the terms of a corrective action plan. The grower must comply with the terms of the corrective action plan.(3) The department shall develop a corrective action plan under subsection (2) or (7) that includes the following terms:(a) A reasonable date by which the grower will correct the negligent violation.(b) A requirement that for not less than 2 years after a violation under subsection (1), the grower shall make periodic reports to the department about the grower's progress and compliance with the requirements of the corrective action plan.(4) A grower that negligently violates this act 3 times in a 5-year period is ineligible to register as a grower for 5 years from the date of the third violation.(5) A negligent violation under this section is not subject to criminal enforcement.(6) A grower is not subject to more than 1 negligent violation under subsection (1) per growing season.(7) In addition to a negligent violation listed in subsection (1), the department may determine that any other violation of this act is a negligent violation. If the department determines that a grower negligently violated this act, the department shall issue the grower a notice of violation and the terms of a corrective action plan. The grower must comply with the terms of the corrective action plan. The department shall use the enforcement response policy created under section 505 to determine whether a violation of this act is a negligent violation.Amended by 2021, Act 4,s 17, eff. 3/24/2021.Added by 2020, Act 220,s 30, eff. 10/16/2020.