Enforcement

Any violation of 330 CMR 32.00 shall be subject to enforcement by the Department pursuant to 330 CMR 32.08. (2) Negligent Violations. (a) A Negligent violation shall include, but not be limited to, the following: 1. Failure to provide to the Department an accurate legal description of land on which the Licensee cultivates Hemp; 2. Failure to obtain a License; or 3. Producing Cannabis with a delta-9 tetrahydrocannabinol concentration of more than 0.3%, but only if the Cannabis has a delta-9 tetrahydrocannabinol concentration of more than 1.0% on a dry weight basis, provided that the Person made reasonable efforts to grow Hemp. (b) No Person shall receive more than one negligent violation per calendar year unless otherwise authorized by the 7 CFR Part 990, as amended. (c) A Person who is found by the Department to have engaged in a Negligent violation three or more times in a five-year period shall have any License revoked and be ineligible to apply for a License for a period of five years beginning on the date of the third violation. (3) Corrective Action Plans for Negligent Violations. The Department shall issue a Corrective Action Plan for Negligent violations that shall include, at a minimum, the following: (a) Steps to correct each Negligent violation identified by the Department; (b) A reasonable date by which the Licensee shall correct the Negligent violation; (c) A requirement that the Licensee report to the Department for a period of not less than two years from the date of the Negligent violation; and (d) A requirement that an inspection be conducted by the Department to determine if the Corrective Action Plan has been implemented as submitted. (4) Violations Deemed Greater than Negligent. (a) All other violations which are deemed by the Department to involve a culpable mental state greater than Negligence shall be reported by the Department to the Office of the Attorney General of the Commonwealth and the Attorney General of the United States, shall not be subject to 330 CMR 32.08(2)(b) and may result in refusal to renew, suspension, or revocation of a License. (b) Any person who willfully violates M.G.L. c. 128, §§ 116 through 123, may also be subject to enforcement as set forth therein.