Current through the 2024 Regular Session
Section 69-25-207 - Licensing and registration(1) Pursuant to the provisions of this article, cultivation and processing of hemp, as defined in Section 69-25-203, are authorized in this state. Cultivation and processing of hemp are subject to regulation by the department and may only be performed by persons or business entities that hold a valid license or registration issued hereunder.(2) The commissioner shall create a State Plan for submission to and approval by the United States Department of Agriculture and the United States Secretary of Agriculture. The commissioner and department shall promulgate such reasonable regulations as necessary to implement the State Plan and provisions of this article. The commissioner and the department shall be authorized to promulgate any rule or regulation deemed necessary for the administration of the provisions of this article in compliance with any federal law, rule or regulation promulgated by the United States Department of Agriculture.(3) The department is authorized to accept applications, and issue licenses and/or registrations for all hemp growers and hemp processors. The department shall adopt and enforce all rules and regulations related to those licenses and/or registrations.(4) All hemp growers must be licensed by the department.(5) All hemp processors must register with the department.(6) All licensed holders and registered processors shall keep and maintain crop and/or processing records in accordance with rules and regulations adopted and enforced by the department. The department may subject the required records to inspection. The department may make an inspection for the purpose of ensuring compliance with: (b) Provisions of this article;(c) Department rules and regulations;(d) Any terms or conditions of a license issued hereunder;(e) Registration with the department; or(f) A final department order directed to the grower's or processor's hemp operations or activities.(7) All hemp growers and processors shall be subject to a background investigation conducted by the Department of Public Safety, which shall include both a state and federal background check.Added by Laws, 2020, ch. 413, SB 2725,§ 4, eff. 6/29/2020.