11-51-104. Enforcement; fees; penalties.
(a) The department shall perform inspections and provide chemical sampling and analysis of production or processing activities by licensees to determine compliance with this chapter. The department may require verification of effective disposal by licensees of hemp or hemp products that contain in excess of three-tenths of one percent (0.3%) THC on a dry weight basis. For any sample, analysis or verification conducted under this subsection, the department shall assess the licensee fees as established by rule of the department, not to exceed the following:
(i) Two hundred dollars ($200.00) per sample conducted by the department;
(ii) Two hundred dollars ($200.00) per analysis conducted by the department;
(iii) Two hundred fifty dollars ($250.00) for verification of effective disposal of hemp or hemp products that contain in excess of three-tenths of one percent (0.3%) THC on a dry weight basis.
(b) Any licensee who violates any provision of this chapter or any regulation promulgated pursuant to this chapter shall be subject to a corrective action plan. The corrective action plan may include reporting requirements, additional inspections, suspension of a license, steps necessary to restore a license, requirements related to disposal of hemp or hemp products that contain in excess of three-tenths of one percent (0.3%) THC on a dry weight basis or providing notice of the violation to the licensee's known creditors. The plan may require rendering THC inaccessible by using hemp or hemp products as a soil amendment material or by destruction of the hemp or hemp product as authorized by rule of the department.
(c) Any person who intentionally violates this chapter is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
(d) If any person has three (3) or more violations of this chapter or any regulation promulgated pursuant to this chapter within five (5) years, the department shall revoke the license and the person shall be ineligible for licensure under this article for five (5) years.