Michigan Laws 333.29601 – Negligent violations of this act; notice; corrective action plan; penalties
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Terms Used In Michigan Laws 333.29601
- Corrective action plan: means a plan created under section 601. See Michigan Laws 333.29103
- Department: means the department of agriculture and rural development. See Michigan Laws 333.29103
- Dry weight basis: means the ratio of the amount of moisture in cannabis to the amount of solid in cannabis. See Michigan Laws 333.29103
- Grower: means a person that is required to be registered under section 201. See Michigan Laws 333.29103
- Industrial hemp: means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333. See Michigan Laws 333.29103
- Registration: means a grower registration granted under this act. See Michigan Laws 333.29103
- THC: means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333. See Michigan Laws 333.29103
(1) A grower negligently violates this act if the grower does any of the following:
(a) Fails to provide a legal description for each field, greenhouse, building, or other location where industrial hemp will be grown under section 201.
(b) Fails to obtain a registration.
(c) Grows industrial hemp that exceeds the acceptable THC level but does not have more than 1.0% total delta-9-THC on a dry weight basis.
(d) Any other violation that the department determines is negligent under subsection (7).
(2) If a grower violates subsection (1), the department shall issue the grower a notice of violation and the terms of a corrective action plan. The grower must comply with the terms of the corrective action plan.
(3) The department shall develop a corrective action plan under subsection (2) or (7) that includes the following terms:
(a) A reasonable date by which the grower will correct the negligent violation.
(b) A requirement that for not less than 2 years after a violation under subsection (1), the grower shall make periodic reports to the department about the grower’s progress and compliance with the requirements of the corrective action plan.
(4) A grower that negligently violates this act 3 times in a 5-year period is ineligible to register as a grower for 5 years from the date of the third violation.
(5) A negligent violation under this section is not subject to criminal enforcement.
(6) A grower is not subject to more than 1 negligent violation under subsection (1) per growing season.
(7) In addition to a negligent violation listed in subsection (1), the department may determine that any other violation of this act is a negligent violation. If the department determines that a grower negligently violated this act, the department shall issue the grower a notice of violation and the terms of a corrective action plan. The grower must comply with the terms of the corrective action plan. The department shall use the enforcement response policy created under section 505 to determine whether a violation of this act is a negligent violation.