§ 2-15-515 — Violations

(a) A grower has committed a negligent violation of this subchapter if the grower negligently: (1) Fails to provide a legal description of land on which the grower produces industrial hemp; (2) Fails to obtain a license from the State Plant Board; or (3) Produces Cannabis sativa with a tetrahydrocannabinol concentration exceeding the tetrahydrocannabinol level threshold of a negligent violation as defined by federal rule and in this subchapter. (b) (1) The board may promulgate rules establishing additional negligent violations. (2) The board shall not establish additional negligent violations that conflict with any Arkansas law governing criminal offenses. (c) If the Department of Agriculture determines that a grower has committed a negligent violation of this subchapter or a rule adopted under this subchapter, the grower shall comply with a corrective action plan established by the department that includes without limitation a: (1) Reasonable date by which the grower shall correct the negligent violation; and (2) Requirement that the grower shall periodically report to the department on the compliance of the grower with the state plan for a period of not less than two (2) calendar years. (d) A grower that negligently violates this subchapter three (3) times in a five-year period is ineligible to produce industrial hemp for a period of five (5) years beginning on the date of the third violation. (e) If the board determines that a grower has violated this subchapter with a culpable mental state greater than negligence, the board may revoke or suspend the grower's license as provided in § 2-15-512 and shall report the grower to the Attorney General and to law enforcement. (f) In addition to the enforcement remedies described in this section, the board may: (1) Assess a civil penalty in an amount not to exceed five thousand dollars ($5,000) per violation; and (2) Place the grower on probation with a corrective action plan.

Legislative History

Amended by Act 2023, No. 629,§ 3, eff. 4/11/2023. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.