Ariz. Admin. Code § 3-4-1012

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-4-1012 - Unauthorized Activity; Violations

A. A licensee commits a violation of this Article by:

1. Failing to provide a legal description of land on which a licensee grows, processes, stores or researches industrial hemp or hemp seed;

2. Failing to obtain the proper license with the Department;

3. Producing or distributing Cannabis sativa, with a total delta-9 THC concentration greater than 1.0% on a dry weight basis, unless otherwise permitted by state or federal law, rule or order;

4. Violating a term or condition of the signed licensing agreement or corrective action plan; or

5. Violating any law, rule, or order in the regulation of industrial hemp.

B. False Statement. Any person who materially falsifies any information contained in an application to participate in the program established under this Article shall be ineligible to participate in the program.

C. No unauthorized person shall:

1. Grow, cultivate, handle, store, harvest, transport, import or process industrial hemp

2. Trespass on a property registered as an industrial hemp site;

3. Disturb, damage or destroy an industrial hemp plant or crop on a registered location; or

4. Tamper, damage or destroy posted signage as required under R3-4-1007(B).

D. No authorized program licensee shall:

1. Offer for sale, trade, transfer possession of, gift, or otherwise relinquish possession of industrial hemp plants, plant parts, or hemp seed that is capable of germination to an unauthorized person;

2. Destroy an industrial hemp crop, stored industrial hemp or hemp seed without prior notification to the Department; or

3. Import or export industrial hemp plants or plant parts for processing, or seed or propagative material for planting purposes , without notifying the Department and complying with all import or export regulatory requirements.

E. Intentional, Knowing, or Negligent Violations. Any violation of state or federal law rule or order that is determined to be committed intentionally or knowingly ("culpable mental state greater than negligence") shall be reported to the State Attorney General , the U.S. Attorney General and any relevant state and local law enforcement agencies. Negligent violations are not subject to federal, state, tribal, or local government criminal enforcement action.

Ariz. Admin. Code § R3-4-1012

Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.