Random testing of hemp

(a)(1) The department shall have the right, either through its own personnel or through an independent contractor as provided for in Code Section 2-23-9, to randomly test hemp at the fields and greenhouses of all licensees. Such testing, and the harvesting of the hemp tested, shall be conducted in compliance with regulations promulgated by the department. (2) In the event that a test sample reveals a delta-9-THC concentration of more than 0.330 percent on a dry weight basis, the licensee’s entire crop with the same global positioning coordinates shall be destroyed in compliance with regulations promulgated by the department. (3) In the event that a test sample reveals a delta-9-THC concentration of more than 0.3 percent but not more than 0.330 percent on a dry weight basis, the licensee’s crop shall be retested and if upon such retesting, the delta-9-THC concentration exceeds 0.3 percent, the entire crop with the same global positioning coordinates shall be destroyed in compliance with regulations promulgated by the department. (b)(1) The department shall have the right, either through its own personnel or through an independent contractor as provided for in Code Section 2-23-9, to randomly test hemp products at the facilities of all permittees. Such testing shall be conducted in compliance with regulations promulgated by the department. (2) In the event that a test sample reveals a delta-9-THC concentration of more than 0.3 percent, all related hemp products shall be destroyed by the permittee under the supervision of local law enforcement. History. — Code 1981, § 2-23-8, enacted by Ga. L. 2019, p. 1030, § 1/HB 213. 2-23-9. Contracting for testing, certification, regulatory, and grading functions. The department shall be authorized to enter into a contract or contracts with one or more entities to conduct the testing provided for in Code Section 2-23-8 as well as to include the certification, regulatory, and grading functions pursuant to this chapter and regulations promulgated by the department. History. — Code 1981, § 2-23-9, enacted by Ga. L. 2019, p. 1030, § 1/HB 213. 640 2-23-10 2-23-10. Enforcement; corrective action plan; revocation of licenses; reporting of licensees and permittees to Attorney General. (a) A violation of this chapter or the rules and regulations promulgated by the department pursuant to this chapter shall be subject to enforcement solely in accordance with this Code section. (b)(1) A licensee or permittee under this chapter shall be required to conduct a corrective action plan if the Commissioner determines that the licensee or permittee has negligently violated this chapter or has violated rules and regulations promulgated by the department pursuant to this chapter by: (A) Failing to provide a legal description and global positioning coordinates sufficient for locating fields and greenhouses the licensee uses to cultivate and harvest hemp or facilities at which the permittee processes hemp; (B) Failing to properly obtain a license or permit from the department; (C) Producing Cannabis sativa L. with more than the federally defined THC level for hemp; or (D) Otherwise negligently violating this chapter. (2) A corrective action plan required by this Code section shall include: (A) A reasonable date by which the licensee or permittee shall correct the negligent violation; and (B) A requirement that the licensee or permittee shall periodically report to the Commissioner on the compliance status of the licensee or permittee with the corrective action plan for a period of not less than two calendar years after the violation. (c) Except as provided in subsection (d) of this Code section, a licensee or permittee that negligently violates this chapter or rules and regulations promulgated by the department pursuant to this chapter shall not as a result be subject to any criminal or civil enforcement action by any government agency other than the enforcement action authorized under subsection (b) of this Code section. (d) A licensee or permittee that negligently violates the corrective action plan under subsection (b) of this Code section three times in a five-year period shall have its license or permit issued pursuant to this chapter immediately revoked and shall be ineligible to reapply for a license or permit for a period of five years after the date of the third violation. 641 2-23-11 (e) If the Commissioner determines that a licensee or permittee has violated state law with a culpable mental state greater than negligence, the Commissioner shall immediately report the licensee or permittee to the United States Attorney General and the state Attorney General, and subsection (a) of this Code section shall not apply to the violation. (f ) Laws enacting criminal offenses, including laws provided for in Title 16, not in conflict with this chapter shall continue to be enforceable and of full force and effect. History. — Code 1981, § 2-23-10, enacted by Ga. L. 2019, p. 1030, § 1/HB 213.