§ 33.1606 Registration Revocation or Non-Renewal.

   An industrial hemp cultivation registration may be revoked or not renewed by the County Agricultural Commissioner in the following situations:

   (a)   If the County Agricultural Commissioner determines, after conducting State approved testing, that industrial hemp is being grown with a delta-9 tetrahydrocannabinol concentration of three percent or greater on a dry weight basis;

   (b)   If, after first confirming that an industrial hemp crop has been planted, it is discovered by the County Agricultural Commissioner that the industrial hemp crop has been harvested, destroyed, or in any way removed from a cultivation site without submitting a pre-harvest report and harvest report as required by Code of Regulations Title 3, §§ 4940 and 4946 or a destruction report as required by Code of Regulations Title 3, § 4950;

   (c)   Industrial hemp crops being removed from a property while an enforcement officer is in the process of testing samples for delta-9 tetrahydrocannabinol concentration pursuant to § 33.1611(b);

   (d)   If a registered hemp entity fails to provide an enforcement officer with complete and unrestricted access during business hours to all industrial hemp and other cannabis plants, whether growing or harvested, and all land, buildings, and other structures used for the cultivation, handling, and storage of all industrial hemp and other cannabis plants, and all locations registered as a cultivation site;

   (e)   Falsifying a criminal history report required by Code of Regulations Title 3, § 4902(b);

   (f)   Failing to pay all abatement costs required by § 33.1610;

   (g)   Where a registered hemp entity commits a negligent violation three times in a five-year period. For purposes of this Section, a NEGLIGENT VIOLATION includes:

      (1)   Growing an industrial hemp crop with a delta-9 tetrahydrocannabinol concentration greater than one percent, but less than three percent, on a dry weight basis;

      (2)   Failing to provide a legal description of the land on which industrial hemp is grown;

      (3)   Failing to register as required by § 33.1603; or

      (4)   Failing to provide signage at the grow site identifying it as industrial hemp cultivation.

   (h)   For purposes of subdivision (g), the County Agricultural Commissioner will provide the registered hemp entity a corrective action plan with a reasonable date by which the registered hemp entity shall correct the negligent violation. Failing to comply with the corrective action plan and applicable deadlines will be presumed an intentional violation of this Chapter and subject the registered hemp entity to revocation of their registration.

   (i)   If a registration is revoked pursuant to this Section, a registered hemp entity shall not be permitted to reapply or renew their application for three years.

(Ord. 4445, passed - -2022)