Md. Code Regs. 15.01.17.04

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.01.17.04 - Contents of Application and Licensing Terms

A. Contents. To obtain a license to cultivate or produce hemp under the Program, a person shall annually submit a signed, complete, accurate, and legible Departmental application that provides:

(1) The applicant's full name, business or residential address, telephone number, and email address (if the applicant is a business entity, the full name of the business, the address of the principal business location, the full name and title of key participants, the email address of that business, and EIN number of the business);

(2) The legal description of the land on which the hemp operation is proposed;

(3) The GPS coordinates for the land on which the hemp operation is proposed;

(4) A map of the land owned or controlled by the person to be licensed showing the location, boundaries, and dimensions (in acres or square feet) of

(a) If hemp is grown indoors, the green house or indoor facility used to grow hemp;

(b) If hemp is grown outdoors, each field (by field number) where hemp will be grown (clearly indicating the names or lot numbers of all lots and planning locations) and the entrance to each field;

(c) The facility used to store hemp post-harvest; and

(d) Others fields or facilities to be used in the hemp operation;

(5) The portion or portions of the hemp plant or flower that the applicant intends to market, that is, seed, grain, fiber, hurd, or CBD;

(6) A certification that the applicant is at least 18 years of age;

(7) A criminal background report of the applicant and other key participants, prepared by the Federal Bureau of Investigation, dated no more than 60 days before the date of the applicant's application; and

(8) Documentation showing that the applicant has the legal right to cultivate hemp on the land (the proposed licensed area) and the legal authority to grant the Department access for inspection and sampling, including deeds, leasing agreements, written agreements by a landowner, or other appropriate documentation.

B. The Department shall provide the applicant a reasonable opportunity to amend an application that is insufficient or to resolve any minor violations of this chapter.

C. Site Modification. A licensed grower may apply to the Department to alter the approved licensed area. To accomplish this, the licensed grower shall pay the site modification fee and submit a signed, complete, accurate, and legible Departmental application at least 15 days before the proposed modification that includes:

(1) An updated legal description of the land that will comprise the hemp operation;

(2) Updated GPS coordinates that will comprise the hemp operation; and

(3) An updated map providing the information required under §A(4) of this regulation.

D. Licensing Terms. By signing and submitting the application, the applicant agrees to abide by the following licensing terms:

(1) The licensed grower shall fully cooperate and assist the Department with all aspects of the administration and enforcement of the Program, including, but not limited to, the application, license, reporting, inspection, and sampling processes;

(2) The licensed grower shall permit the Department or any other law enforcement agency to enter the property for the purpose of collecting, sampling, or inspecting hemp plants in the licensed area, whether in the field or in storage, during the licensing period or in the immediate 30-day time period after the license has expired or is suspended or surrendered;

(3) If hemp plants test greater than the acceptable hemp THC level or otherwise do not comply with this chapter, the licensed grower shall inspect the property post-harvest and, for the following growing season, pre-harvest, and destroy, as directed by the Department, any volunteer plants;

(4) The licensed grower shall maintain all records pertaining to hemp production for a minimum period of 3 years, including, but not limited to, the following records:

(a) Planting records;

(b) Harvesting records;

(c) Sampling and testing records; and

(d) Records pertaining to the disposal of noncompliant hemp;

(5) The licensed grower shall keep the records required under §D(4) of this regulation in the State and make them available during normal business hours for copying and inspection by the Department or other law enforcement agencies;

(6) The licensed grower shall submit all required reports by the applicable due dates specified by the Department;

(7) The licensed grower shall name an in-State agent for the receipt of notices in enforcement actions for records and other matters;

(8) The licensed grower shall notify the Department within 15 days of any changes to the hemp grower's operation, including planting, harvesting, testing, or sampling, or any changes to the license holder's address or other contact information; and

(9) The licensed grower shall pay any fees as required by this chapter.

E. Required Certification. The applicant shall certify that the contents of the application are true and correct and that, when licensed, the grower will comply with all of the Department's reporting requirements and those of USDA and all other regulatory and statutory requirements for producing hemp under the Program.

F. Grounds for Denying Licensure. The Department may not issue a license to a person to grow hemp under the Program if the person:

(1) Has a felony conviction under state or federal law related to a controlled substance during the 10-year period preceding the date of application;

(2) Provides materially false or misleading information in the application; or

(3) Has not met the requirements of this chapter.

Md. Code Regs. 15.01.17.04

Regulation .04 adopted effective 47:21 Md. R. 904, eff. 11/1/2020; amended effective 50:15 Md. R.683, eff. 8/7/2023