230 R.I. Code R. 230-RICR-80-10-1.15

Current through October 15, 2024

Section 230-RICR-80-10-1.15 - Violations and Enforcement; Penalties

A. Inspections and Audits; Enforcement Actions

1. Licensees are subject to reasonable inspection by DBR, DEM and RIDOH. DBR, DEM and RIDOH and their authorized representatives have authority to enter a licensee's premises at reasonable times and to inspect in a reasonable manner, the premises and all equipment, materials, containers, and other things therein, including without limitation all records, files, financials, sales, transport, pricing and employee data, research, papers, processes, controls and to inventory any stock of marijuana, labels, containers, paraphernalia and other materials and products.

2. Nothing herein shall be interpreted to limit the real time access of DBR, DEM and RIDOH to information stored in the Program Tracking System or any other tracking system approved by DBR and consistent with the Act.

3. Pursuant to the Act and consistent with AIA 2018, § 297(B)(e)(2)(A), any licensee who negligently violates the Act or these Regulations, including the occurrence of "negligence" (as defined in these Regulations) on the licensee's part, is subject to a DBR administered corrective action plan to correct the application including:

a. A reasonable date by which the licensee shall correct the negligent violation as approved by DBR;

b. A requirement that the licensee shall periodically report to DBR on the compliance of the licensee with these regulations for a period of not less than the next two (2) calendar years; and/or

c. Any other corrective terms, conditions or exclusions as required by DBR or by 7 C.F.R. § 990.6.

d. A licensee that obtains a negligent violation three (3) times within a five (5) year period becomes ineligible to produce hemp for a period of five (5) years from the date of the third (3rd) violation.

4. Pursuant to the Act and consistent with AIA 2018, § 297(B)(e)(2)(A), any licensee who violates the Act or these regulations with a culpable mental state greater than "negligence" may be subject to suspension/revocation of his/her license, administrative penalties in accordance with § 1.15(B) of this Part and/or a combination of penalties as provided in R.I. Gen. Laws § 2-26-10. In the event of a violation performed with a greater culpable mental state, DBR shall immediately report such licensee to the Rhode Island Office of Attorney General and the U.S. Attorney' s Office (District of Rhode Island) within thirty (30) days of the receipt of such information, in accordance with AIA 2018, § 297(B)(e)(2)(A).

5. Any hemp plant or hemp derivative that is determined to be in violation of the Act, these regulations and/or the AIA 2018 shall be destroyed by or at the direction of DBR or duly authorized State or law enforcement personnel, at the licensee's grow location, and pursuant to the following:

a. Prior to disposal, cannabis plant material must be made unusable and indistinguishable from other plant material pursuant to any disposal method specified in the Remediation and Disposal Guidelines for Hemp Growing Facilities - U.S. Domestic Hemp Production Program Issued January 15, 2021 ("Remediation and Disposal Guidelines").

b. Other methods to render hemp derivatives unusable must be approved by DBR before implementation.

c. Cannabis that is rendered unusable following an approved method may be delivered to a licensed solid waste disposal facility in Rhode Island for final disposition or disposed of in an alternative manner approved by DBR.

6. Pursuant to 7 C.F.R. § 990.6(c), violations of § 1.15(A)(3) of this Part are not subject to federal, state, tribal or local government criminal action.

7. Pursuant to 7 C.F.R. § 990.6(c), DBR shall conduct inspections to determine if corrective action plans as discussed in § 1.15(A)(3) of this Part have been implemented.

8. Pursuant to R.I. Gen. Laws §§ 2-26-3 and -4, producing, manufacturing, distributing, or selling at retail cannabis sativa L. or derivatives thereof with a THC concentration as defined by § 1.5(LL) of this Part of more than .3% is a violation of these Regulations and shall subject the violator to the penalties set forth in § 1.15(B) of this Part and R.I. Gen. Laws § 2-26-10.

B. Administrative Penalties

1. Pursuant to R.I. Gen. Laws § 2-26-10 and § 1.15(A)(4) of this Part, DBR adopts the following schedule of administrative penalties with respect to violations of the Act and/or these Regulations:

Violation	Administrative Penalty
As to violations by a licensee, where DBR determines that a violation does not pose an immediate threat to public health or public safety	A penalty of up to $1,000.00, per violation per day
As to violations by a licensee, where DBR determines that a violation poses an immediate threat to public health or public safety	A penalty of up to $2,500.00, per violation per day
As to other violations by any person or entity who is conducting activities requiring licensure by DBR under the Act or these Regulations without such licensure or registration, or who is otherwise violating any provisions of the Act or these Regulations	A penalty of up to $2,500.00, per violation per day

230 R.I. Code R. 230-RICR-80-10-1.15

Amended effective 10/10/2021
Amended effective 6/11/2022
Amended effective 8/14/2024