Violations

01. Negligent Acts. Negligent acts include: (3-15-22) a. Failure to provide an accurate legal description of land where hemp is produced; (3-15-22) b. Failure to obtain a license; or (3-15-22) c. Production of hemp exceeding the acceptable THC level. (3-15-22) 02. License holders shall not be subject to more than one (1) negligent violation per calendar year. (3-15-22) 03. Corrective Actions. Upon any determination that a negligent act related to the growth or handling of hemp has occurred, the Department will institute a corrective action plan which must include: (3-15-22) a. A reasonable date to correct the negligent act; and (3-15-22) b. A requirement to periodically report to the Department regarding compliance with the corrective action plan for a period of not less than two (2) consecutive calendar years. (3-15-22) 04. Agency Inspection. The Department will conduct inspections to determine if the corrective action plan was implemented. (3-15-22) 05. Not Subject to Criminal Enforcement. As a result of a negligent violation, a licensee is not subject to criminal enforcement action. (3-15-22) 06. Non-negligent Violations. Violations with a culpable mental state greater than negligence, including knowingly growing hemp containing a delta-9-THC concentration that exceeds three-tenths percent (0.3%) on a dry weight basis will be reported by the Department to the Idaho State Police and the U.S. Attorney General. (3-15-22) 07. Penalties and Procedure. Penalties, including license suspension or revocation, and due process procedures are governed under Section 22-1705(5), Idaho Code, and the Idaho Administrative Procedure Act, Chapter 52, Title 67, Idaho Code. (3-15-22)