Tenn. Comp. R. & Regs. 0080-06-28-.07 - VIOLATIONS

(1) Violations shall include, but are not limited to:

(a) Failure to provide a legal description of land on which the producer produces hemp;

(b) Failure to obtain a license;

(c) Production of cannabis at a THC concentration exceeding the acceptable limits;

(d) Possess or grow rooted hemp outside a licensed growing area unless it is under immediate transport to a licensed growing area;

(e) Failure to provide full and accurate information regarding the person's acquisition, cultivation, and distribution of hemp when requested by the department;

(f) Cultivate, move, or distribute cannabis plants other than hemp;

(g) Interfere with an authorized representative of the department in the performance of his duties;

(h) Market or represent hemp or hemp products to be marijuana or any illicit substance in any form;

(i) Failure to destroy or remediate non-compliant hemp;

(j) Failure to comply with a stop movement order;

(k) Violate any state or federal quarantine or order issued by the department.

(2) All violations are committed with negligence or with a culpable mental state greater than negligence.

(3) All negligent violations shall be corrected using a corrective action plan and shall, at a minimum, include the following items:

(a) A reasonable date by which the producer shall correct the negligent act;

(b) That the producer will periodically report to the department progress in correcting the violation; and

(c) The department shall conduct an inspection to determine if the action plan has been implemented.

(4) Hemp producers do not commit a negligent violation under this paragraph if they make reasonable efforts to grow compliant hemp and it does not have a THC concentration of more than 1% on a dry weight basis.

(5) A producer that negligently violates the Act or this chapter three (3) times within a five (5) year period shall be ineligible to produce hemp for five (5) years beginning on the date of the third violation.

(6) Culpable violations shall be reported to the U. S. Attorney General and the chief law enforcement of the state.

(7) A person is responsible for violations of the Act or this chapter when committed by either the person or his agent.

Notes

Tenn. Comp. R. & Regs. 0080-06-28-.07

Original rules filed July 31, 2018; effective October 29, 2018. Emergency rules filed June 3, 2019; effective through November 30, 2019. Emergency rules expired effective December 1, 2019, and the rules reverted to their previous statuses. Repeal and new rule filed June 25, 2021; effective 9/23/2021.

Authority: T.C.A. §§ 4-3-203, 43-26-103, and 43-27-104.