8 Colo. Code Regs. § 1203-23, pt. 5
Current through Register Vol. 48, No. 1, January 10, 2025
Part 5 - VIOLATIONS/DISCIPLINARY SANCTIONS/CIVIL PENALTIES5.1 In addition to any other violations of Title 35, Article 61, C.R.S., or these Rules, the following acts and omissions by any applicant or Registrant or authorized representative thereof shall constitute violations for which civil penalties up to $2,500 per violation and disciplinary sanctions, including denial of an application or summary suspension or revocation of a Registration, may be imposed by the Commissioner in accordance with §§ 35-61-107 and 24-4-104, C.R.S.: 5.1.1 Refusal or failure by an applicant, Registrant or authorized representative to fully cooperate and assist the Department with all aspects of the administration and enforcement of the Act and these Rules, including the application, registration, reporting, inspection and sampling processes.5.1.2 Failure to provide any information required or requested by the Commissioner for purposes of the Act or these Rules.5.1.3 Providing false, misleading, or incorrect information pertaining to the Registrant's cultivation of Hemp to the Commissioner by any means, including but not limited to information provided in any application form, report, record or inspection required or maintained for purposes of the Act or these Rules.5.1.4 Failure to submit any required report in accordance with Part 3.5.1.5 Growing hemp that when tested is shown to have a total THC concentration greater than 0.3 percent on a dry weight basis.5.1.6 Failure to pay fees assessed by the Commissioner for inspection or laboratory analysis costs.5.1.7 Negligent violations include, but are not limited to:5.1.7.1 Failure to provide a legal description of the land on which the producer produces Hemp.5.1.7.2 Failure to obtain a Registration or other required authorization from the Commissioner.5.1.7.3 Production of hemp with a total THC concentration exceeding the allowable limit, except that a producer who has made reasonable efforts to grow Hemp and whose non-compliant hemp does not have a total THC of more than 1.0 percent on a dry weight basis will not have committed a negligent violation.5.1.8 Corrective actions for negligent violations include but are not limited to: 5.1.8.1 A date, set by the Commissioner, by which the producer shall correct the negligent violation.5.1.8.2 Periodic reporting to the Commissioner, on a form provided by the Commissioner, on the Registrant's compliance with the Act and Rules for a period not less than two years from the date of the negligent violation.5.1.8.3 The Commissioner will conduct inspections to determine whether the Registrant has implemented the corrective action plan as submitted.5.1.9 A producer that negligently violates the provision of these rules three times in a five-year period shall be ineligible to produce hemp for five years beginning on the date of the third violation.5.1.10 Culpable Violations5.1.10.1 Any person that materially falsifies any information contained in an application to cultivate hemp in Colorado shall be ineligible to receive a registration to cultivate hemp in Colorado.5.1.10.2 If the Department determines that the producer has violated the plan with a culpable mental state greater than negligence, the Department will report the producer to the U.S and Colorado Attorneys General.5.2 Felony Convictions 5.2.1 A person with state or federal felony conviction relating to a controlled substance is not eligible to receive a registration to cultivate hemp, and my not produce hemp, in Colorado for a period of ten (10) years from the date of the conviction.5.2.2 A person who was lawfully growing hemp pursuant to a registration issued by the Department prior to December 20, 2018, and whose conviction for a state or federal felony relating to a controlled substance also occurred before that date shall not be denied a registration to cultivate hemp as set forth in Rule 5.2.1.5.2.3 The Department's determination regarding any such denial shall be based upon the results of the criminal background check of key participants as set forth in section 35-61-104(1)(c), C.R.S.40 CR 05, March 10, 2017, effective 3/30/201741 CR 06, March 25, 2018, effective 4/15/201844 CR 13, July 10, 2021, effective 7/30/202144 CR 23, December 10, 2021, effective 12/31/2021