Ill. Admin. Code tit. 8 § 1200.120

Current through Register Vol. 48, No. 35, August 30, 2024

Section 1200.120 - Violations

a) A licensee shall be subject to subsection (b) if the Department determines that the licensee has negligently violated the Act or this Part, including by negligently:

1) Failing to provide a legal description of land on which the licensee produces hemp;

2) Failing to obtain a license; or

3) Producing Cannabis sativa L. with a delta-9 THC concentration of more than 0.3 % on a dry weight basis.

b) A hemp licensee described in subsection (a) shall comply with a plan established by the Department to correct the negligent violation, including:

1) a reasonable date by which the licensee shall correct the negligent violation; and

2) A requirement that the licensee shall periodically report to the Department on the compliance of the licensee for a period of not less than 2 calendar years.

c) A licensee that negligently violates the Act or this Part (see subsection (a)) shall not, as a result of that violation, be subject to any criminal enforcement action by any federal, State or local government.

d) A licensee that negligently violates subsection (a) 3 times in a 5 year period shall be ineligible to produce hemp for a period of 5 years beginning on the date of the third violation.

e) If the Department determines that a licensee has violated the Act or this Part with a culpable mental state greater than negligence, the Department shall immediately report the licensee to:

1) The Attorney General of the United States;

2) The Attorney General of Illinois; and

3) The Illinois State Police.

Ill. Admin. Code tit. 8, § 1200.120

Adopted at 43 Ill. Reg. 4973, effective 4/24/2019.