The Department requires the on-site destruction of lots located on outdoor or
indoor growing sites that have been determined to have higher than acceptable
hemp THC levels. The Department will instruct the licensed producer on
acceptable destruction protocol and coordinate with the licensed producer to
ensure that lots are destroyed in a manner that renders the lot non-retrievable
and unfit to enter the stream of commerce. The Department will require that
destruction take place within 72 hours after the Department notifies the
licensed producer that destruction is required.
8.1.1 It is the responsibility of a licensed
producer to destroy lots by using destruction methods that render the lot
non-retrievable and unfit to enter the stream of commerce.
8.1.2 If the Department determines that a lot
has higher than acceptable hemp THC levels, the lot must not be further
handled, processed, or enter the stream of commerce.
8.1.3 The Department requires that a licensed
producer notify the Department if the licensed producer destroys a lot by his
or her own determination and independent of a requirement set by the
The Department will require the disposal of a lot that has been determined to
have higher than acceptable levels of THC, where on-site destruction is not
feasible. The Department will require that disposal take place within 72 hours
of notification and shall be the sole responsibility and at the expense of the
licensed producer. The Department will coordinate with the licensed producer to
ensure that lots are disposed of in a manner that renders the lot
non-retrievable and unfit to enter the stream of commerce.
8.3 Harvesting. The Department prohibits any
comingling of harvested lots of cannabis plants with other lots or other
material without prior written permission from the Department.
Negligent or Culpable Violations.
A hemp producer shall be subject to
enforcement for negligently:
Producing cannabis exceeding the acceptable hemp THC level. Hemp producers do
not commit a negligent violation under this paragraph if they make reasonable
efforts to grow hemp and the hemp does not have a post decarboxylated delta-9
tetrahydrocannabinol concentration of more than 0.5% on a dry weight basis. The
Department does require the destruction or disposal of cannabis that exceeds
the acceptable hemp THC level.
184.108.40.206 Producing hemp without a license. A
new applicant must submit a Delaware Domestic Hemp Production Program
Application to the Department no later than February 1st. A licensed producer
must submit for renewal prior to license expiration. Licenses are not
automatically renewed. Applications for renewal shall be subject to the same
terms, information collection requirements, and approval criteria, as required
in the initial application.
Failing to provide annually, an accurate description of land where hemp is
produced using the Annual Growing Site Registration form.
220.127.116.11 Failing to have locked entrances on
an indoor growing facility.
Failing to adequately display signage, at each entrance to an indoor or outdoor
growing site, to indicate a hemp growing site.
Corrective action for negligent
violations. For each negligent violation, the Department will issue a Notice of
Violation and require a Corrective Action Plan for the licensed producer. The
Department shall conduct an inspection to determine if the corrective action
plan has been implemented. The licensed producer shall comply with the
corrective action plan to cure the negligent violation. Corrective Action Plans
will be in place for a minimum of two (2) years from the date of their
approval. Corrective Action Plans will, at a minimum, include:
18.104.22.168 A reasonable date by which the
licensed producer shall correct the negligent violation;
22.214.171.124 A requirement that the license holder
or registration holder shall periodically report to the Department, as
applicable, on compliance with the Corrective Action Plan for a period of not
less than the next two years from the date of the negligent
126.96.36.199 A description of
quality control measures, staff training, and quantifiable action measures
taken by the Producer. Producers should document this using the Correction
Action Plan template; and
If a subsequent violation occurs while a Corrective Action Plan is in place, a
new plan must be submitted with a heightened level of quality control, staff
training, and quantifiable action measures as defined by the
Negligent violations and criminal enforcement. A licensed producer that
negligently violates this part shall not, as a result of that violation be
subject to any criminal enforcement action by any federal, state, or local
violations and license revocation. A producer that negligently violates the
license 3 times in a 5-year period shall have their license revoked and be
ineligible to produce hemp for a period of 5 years beginning on the date of the
mental state greater than negligence. If the Department determines that a
license holder has violated the terms of the license or of this part with a
culpable mental state greater than negligence:
The Department shall immediately
report the license holder to:
U.S. Attorney General; and
188.8.131.52.2 The chief law enforcement officer
of the State, as applicable, where the production is located; and subsections
8.4.1 and 8.4.2 of this regulation shall not apply to culpable
Department shall immediately revoke the license. Licenses will be revoked for a
period no less than 5 years.
8.5 Licensed producers intending to sell hemp
plants or hemp nursery stock must comply with the Delaware Nursery Laws (3
Del.C. Ch. 13).
producers intending to apply pesticides must comply with the Delaware Pesticide
Laws (3 Del.C. Ch. 12).
Licenses or registrations may not be sold, assigned, transferred, pledged, or
otherwise disposed of, alienated or encumbered.
In accordance with the provisions of 3
and 3 Del.C. §
, it shall be unlawful to
violate or fail to comply with any provisions of these regulations and the
person charged with a violation of these regulations shall be assessed a civil
penalty, in accordance with 3 Del.C. §
8.8.1 Any unlicensed person producing,
processing, or handling hemp shall be assessed a penalty of not more than $500
per offense. Required to complete application process immediately and all
8.8.2 Any license
holder or registration holder that interferes or refuses to cooperate with
inspection or sampling procedures conducted by the Department shall be assessed
a penalty of not more than $500, and not more than $1,000 for each subsequent
8.8.3 Any licensed
producer that fails to submit timely reports to the Department shall be
assessed a penalty of not more than $100 and not more than $200 for each
license holder or registration holder that fails to respond to the Department's
communications within a reasonable amount of time.
8.8.5 No assessment shall be levied until
after the party has been notified by certified mail and has been provided an
opportunity for a hearing.
Revocation of a license or registration.
Any license or registration issued by the Department may be canceled orally or
in writing by the Department whenever the Department determines that the holder
of the license or registration has not complied with a provision of these
regulations or requirements in Sections
. If the cancellation is oral, the
cancellation will become effective immediately, and the cancellation and the
reasons for the cancellation will be confirmed in writing as soon as
Processors and processor registrations shall be subject to the stipulations in
Section 8.0 where applicable.