Unlawful acts.

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(1) Unless otherwise authorized by law, it is unlawful and a violation of this article 61 for any person to:

  1. Cultivate hemp without having a valid registration from the department;

  2. Harvest the industrial hemp crop in excess of the time allowed by the commissionerafter sampling by an authorized sampler;

  3. Refuse to comply with a cease-and-desist order issued pursuant to section 35-61-107;

  4. Refuse or fail to comply with the provisions of this article 61;

  5. Make false, misleading, deceptive, or fraudulent representations;

  6. Impersonate any state, county, city and county, or municipal official or inspector; or

  7. Refuse or fail to comply with any rules adopted by the commissioner pursuant to thisarticle 61 or to any lawful order issued by the commissioner.

(2) Notwithstanding any provision of law to the contrary, no person is subject to criminal prosecution for:

  1. Failure to provide a legal description of the land on which the producer produceshemp;

  2. Failure to obtain a registration pursuant to this article 61 for the production of industrial hemp; or

  3. Producing cannabis with a THC level above three-tenths of one percent but belowone percent as determined by the commissioner through rule.

Source: L. 2020: Entire section added, (SB 20-197), ch. 194, p. 906, § 10, effective September 14.


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