Ga. Comp. R. & Regs. R. 40-32-2-.02 - Hemp Grower License Terms and Conditions
Each hemp grower licensee must acknowledge and agree to the terms and conditions governing the hemp grower license which include, but are not limited to, the following:
(1)
Except as explicitly provided for in this Subject or corrections of
typographical errors approved by the Department, no alterations will be allowed
to any hemp grower license or to any grow site once approved.
(2) The hemp grower licensee must notify the
Department, via e-mail to hemp@agr.georgia.gov, of any theft or loss of hemp or
hemp materials, whether growing or not, within forty-eight (48) hours of the
discovery of such theft or loss.
(3) The hemp grower licensee must report any
felony convictions, of itself or any of its key participants, relating to
controlled substances under Georgia or Federal law to the Department, via
e-mail to hemp@agr.georgia.gov, within five (5) calendar days of receiving
notice of such conviction.
(4) The
hemp grower licensee must notify the Department, via e-mail to
hemp@agr.georgia.gov, within ten (10) calendar days of the following:
(a) A disciplinary proceeding or enforcement
action by another government entity that may affect the hemp grower licensee's
business; and
(a) Temporary
closures of more than thirty (30) calendar days or permanent closure of any
grow site or storage facility.
(5) Any information provided to the
Department may be publicly disclosed in accordance with the Georgia Open
Records Act (O.C.G.A. §
50-18-70 et. seq.) and may be
provided to law enforcement agencies without further notice to the
applicant.
(6) No hemp grower
license shall be issued to any applicant who has been convicted of a felony
related to a State or Federally controlled substance within ten years of the
date of the application, or to an applicant with a key participant that has
been convicted of the same, or who materially falsifies any information
contained in a license application.
(7) No person will be issued more than one
hemp grower license, nor will any person be permitted to have a beneficial
interest in more than one hemp grower license, as provided in O.C.G.A. §
2-23-5.
(8) Hemp grower licenses cannot be sold,
assigned, transferred, pledged, or otherwise disposed of, alienated, or
encumbered to or by another person, business, individual, or entity.
(9) The hemp grower licensee must have the
legal right to cultivate hemp on the grow site(s) listed on the hemp grower
license and must have the legal authority to grant the Department physical
access to all land and buildings for inspection and sampling purposes. Legal
authority includes, but is not limited to, clear title, necessary easements,
necessary licenses, or current leases.
(10) The hemp grower licensee must allow and
fully cooperate with all required sampling, testing, audits, and
inspections.
(11) The hemp grower
licensee must provide for a right of way or other access point allowing the
Department and law enforcement agencies to access the licensed grow site(s).
The hemp grower licensee must not deny or impede any Department or law
enforcement official access for compliance, sampling, or inspection
purposes.
(12) The hemp grower
licensee must maintain all records, documents, or information and make all
reports within the applicable time frames as required in this
Subject.
(13) Hemp must not be
cultivated, handled, harvested, or stored in any location that is not listed in
the hemp grower license application or a subsequent change request.
(14) The hemp grower licensee must scout and
monitor unlicensed fields for volunteer cannabis plants and dispose of those
volunteer cannabis plants for three (3) years past the last date of planting
reported to the Department. In fulfilling this requirement, a hemp grower
licensee is not required to enter property onto which it does not have a legal
right to enter.
(15) A hemp grower
licensee must dispose, without compensation, of plants located in an area that
is not licensed by the Department as well as plants not accounted for in
records required to be maintained by the hemp grower licensee.
(16) In the event that a tested official
sample for a hemp lot exceeds the legal limit of total delta-9-THC
concentration upon its final retest, the hemp grower licensee must dispose of
or remediate the entire lot of hemp with the same GPS coordinates in accordance
with this Subject.
(17) A hemp
grower licensee must not handle, dry, process, store, sell, transfer, ship,
transport, deliver, distribute, or otherwise provide any cannabis that exceeds
the total delta-9-THC concentration legal limit. Hemp grower licensees must
ensure that cannabis exceeding the total delta-9-THC concentration legal limit
does not enter the stream of commerce.
(18) Hemp grower licensees must ensure that
hemp and hemp plant material from one lot is not commingled with hemp or hemp
plant material from other lots. Hemp grower licensees must label or otherwise
reasonably identify lots sufficiently to enable Department inspectors or law
enforcement officials to distinguish between lots.
(19) Hemp grower licensees must not ship,
transport, deliver, or allow live hemp plants and materials produced by the
hemp grower licensee to be shipped, transported, or otherwise delivered to
unlicensed areas including, but not limited to, trade shows, county fairs,
educational events, or other events.
Notes
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