This chapter explains the Maryland Department of Agriculture’s Hemp Farming Program, which licenses and regulates the production of hemp in the State. This chapter does not apply to an institution of higher education or a person who produces hemp under the Hemp Research Pilot Program. As required by State law, the Program has been approved by the United States Department of Agriculture. In this chapter, the following terms have the meanings indicated. Terms Defined. “Acceptable hemp THC level” means the application of the measurement uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis producing a distribution or range that includes 0.3 percent or less total THC. “Applicant” means a person, or for a business entity, a person authorized to act on behalf of the business entity, who applies to the Department to become a licensed hemp grower in the State. “Authorized agent” means a sampling agent who has received a certificate of completion of training from USDA or the Department and has been approved by the Department to sample hemp under the Program. “Authorized laboratory” means a laboratory that is: DEA registered; or Accredited to ISO17025:2017. Cannabis. “Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indicia and Cannabis ruderalis are subspecies thereof. “Cannabis” includes any form of the plant in which the delta-9-tetrahydrocannabinol concentration on a dry weight basis has not yet been determined. “CBD” means cannabidiol. “Conviction” means any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged. “Culpable mental state greater than negligence” means to act intentionally, knowingly, willfully, or recklessly. “Cultivate” means to plant, water, grow, or harvest a plant or crop. “DEA” means the United States Drug Enforcement Administration. “Decarboxylated” means the completion of the chemical reaction that converts THC-A into delta-9-THC, the intoxicating component of cannabis. The decarboxylated value may also be calculated using a conversion formula that sums delta-9-THC and THC-A. “Decarboxylation” means the removal or elimination of a carboxyl group from a molecule or organic compound. “Delta-9-THC” or “THC” means delta-9-tetrahydrocannabinol concentration, the primary intoxicating component of cannabis. “Department” means the Maryland Department of Agriculture. “Disposal” or “destruction” means the procedure to render a plant or a product derived from such plant unusable by burning, incorporating with other materials, or other methods approved by the Department consistent with USDA guidelines. “Dry weight basis” means the ratio of the amount of dry solid in a sample after drying to the total mass of the sample before drying, including the moisture in a sample. “GPS” means Global Positioning System. “Growing area” means either an outdoor or an enclosed indoor area where hemp is cultivated. “Hemp” means the plant Cannabis sativa L. and any part of that plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis. “Hemp greens” means hemp leaves from immature plants that are no more than 10 inches tall and are not flowering. “Hemp microgreens” means immature hemp seedlings for human consumption that are: Cut off above the soil or substrate line and harvested before flowering and not more than 14 days after germination; and Typically, between 2 and 3 inches in height, but not taller than 5 inches. “Hemp transplants” means nonflowering hemp seedlings, rooted cuttings, immature plants produced from tissue culture, or other means of reproduction, which are not harvested but transplanted into a large container or field to mature for harvest. Key Participant. “Key participant” means a sole proprietor, a partner in partnership, or a person with executive managerial control in a corporation, such as a chief executive officer or chief operating officer. “Key participant” does not include a nonexecutive manager, such as a farm, field, or shift manager. “Law enforcement agency” means the Maryland State Police, DEA, or other federal, state, or local law enforcement agency or drug suppression unit. “License” means written authorization by the Department permitting a person to cultivate, store, handle, or market hemp in the State. Licensed Area. “Licensed area” means the land area shown in an approved licensing application, or, subsequently, in an approved site modification plan, on which a hemp grower plans to cultivate, store, or handle hemp. “Licensed area” includes growing areas, storage facilities, and other areas that are to be used in the grower’s hemp operation. “Licensed grower” means a person possessing a license issued by the Department under the authority of this chapter to cultivate, store, handle, or market hemp. “Lot” means a contiguous area in a field, greenhouse, or indoor facility growing the same variety or strain of hemp that was planted at the same time throughout this area. “Map” means a diagram depicting all borders of the hemp operation, including the nearest roads to aid in orientation, the cardinal direction north, and the boundaries of the legally described parcel on which the hemp operation is located. “Measurement uncertainty” or “MU” means the parameter associated with the result of a measurement that characterizes the dispersion of the values that could be reasonably attributed to the measurement. Negligent Violation. “Negligent violation” means a failure to exercise the level of care that a reasonably prudent person would exercise in complying with the requirements of this chapter. “Negligent violation” does not include intentional misconduct. “Nonmarketable hemp” means hemp that exceeds the acceptable hemp THC level. “Official sample” means the pre-harvest hemp sample collected by the Department, in accordance with Department policy, which is used to assess the THC concentration of a single lot of hemp. “Person” means an individual, partnership, corporation, limited liability company, association, or any business entity by whatever name designated and whether or not incorporated unless the context clearly indicates otherwise. “Program” means the Hemp Farming Program established under this chapter. “Propagule” means a plant or plant part that can be utilized to grow a new plant. “THC-A” means tetrahydrocannabinolic acid, a precursor to THC. “USDA” means the U.S. Department of Agriculture. “Variety” means a group of plants or an individual plant that exhibits a distinctive observable physical characteristic or has a distinct genetic composition. “Volunteer plant” means a hemp plant that was not intentionally planted by the person licensed to grow hemp, but results from a previous crop, growing on its own accord from seeds or roots in the years following an intentionally planted hemp crop. A person may not cultivate or produce hemp under the Program unless the person is licensed by the Department in accordance with this chapter. Contents. To obtain a license to cultivate or produce hemp under the Program, a person shall annually submit a signed, complete, accurate, and legible Departmental application that provides: The applicant’s full name, business or residential address, telephone number, and email address (if the applicant is a business entity, the full name of the business, the address of the principal business location, the full name and title of key participants, the email address of that business, and EIN number of the business); The legal description of the land on which the hemp operation is proposed; The GPS coordinates for the land on which the hemp operation is proposed; A map of the land owned or controlled by the person to be licensed, showing the location, boundaries, and dimensions (in acres or square feet) of: If hemp is grown indoors, the green house or indoor facility used to grow hemp; If hemp is grown outdoors, each field (by field number) where hemp will be grown (clearly indicating the names or lot numbers of all lots and planning locations) and the entrance to each field; The facility used to store hemp post-harvest; and Others fields or facilities to be used in the hemp operation; The portion or portions of the hemp plant or flower that the applicant intends to market, that is, seed, grain, fiber, hurd, or CBD; A certification that the applicant is at least 18 years of age; A criminal background report of the applicant and other key participants, prepared by the Federal Bureau of Investigation, dated no more than 60 days before the date of the applicant’s application; and Documentation showing that the applicant has the legal right to cultivate hemp on the land (the proposed licensed area) and the legal authority to grant the Department access for inspection and sampling, including deeds, leasing agreements, written agreements by a landowner, or other appropriate documentation. The Department shall provide the applicant a reasonable opportunity to amend an application that is insufficient or to resolve any minor violations of this chapter. Site Modification. A licensed grower may apply to the Department to alter the approved licensed area. To accomplish this, the licensed grower shall pay the site modification fee and submit a signed, complete, accurate, and legible Departmental application at least 15 days before the proposed modification that includes: An updated legal description of the land that will comprise the hemp operation; Updated GPS coordinates that will comprise the hemp operation; and An updated map providing the information required under §A(4) of this regulation. Licensing Terms. By signing and submitting the application, the applicant agrees to abide by the following licensing terms: The licensed grower shall fully cooperate and assist the Department with all aspects of the administration and enforcement of the Program, including, but not limited to, the application, license, reporting, inspection, and sampling processes; The licensed grower shall permit the Department or any other law enforcement agency to enter the property for the purpose of collecting, sampling, or inspecting hemp plants in the licensed area, whether in the field or in storage, during the licensing period or in the immediate 30-day time period after the license has expired or is suspended or surrendered; If hemp plants test greater than the acceptable hemp THC level or otherwise do not comply with this chapter, the licensed grower shall inspect the property post-harvest and, for the following growing season, pre-harvest, and destroy, as directed by the Department, any volunteer plants; The licensed grower shall maintain all records pertaining to hemp production for a minimum period of 3 years, including, but not limited to, the following records: Planting records; Harvesting records; Sampling and testing records; and Records pertaining to the disposal of noncompliant hemp; The licensed grower shall keep the records required under §D(4) of this regulation in the State and make them available during normal business hours for copying and inspection by the Department or other law enforcement agencies; The licensed grower shall submit all required reports by the applicable due dates specified by the Department; The licensed grower shall name an in-State agent for the receipt of notices in enforcement actions for records and other matters; The licensed grower shall notify the Department within 15 days of any changes to the hemp grower’s operation, including planting, harvesting, testing, or sampling, or any changes to the license holder’s address or other contact information; and The licensed grower shall pay any fees as required by this chapter. Required Certification. The applicant shall certify that the contents of the application are true and correct and that, when licensed, the grower will comply with all of the Department’s reporting requirements and those of USDA and all other regulatory and statutory requirements for producing hemp under the Program. Grounds for Denying Licensure. The Department may not issue a license to a person to grow hemp under the Program if the person: Has a felony conviction under state or federal law related to a controlled substance during the 10-year period preceding the date of application; Provides materially false or misleading information in the application; or Has not met the requirements of this chapter. A person may apply to become a licensed grower at any time during a calendar year. Unless suspended or revoked, a license to grow hemp under the Program is valid from the date it was issued through December 31 of the same year. To ensure continuity of the license, a licensed grower shall submit to the Department an application to renew the person’s license no later than December 1 of the year that the license is due to expire. A license issued under this chapter may not be assigned or transferred to another person under any circumstances. The following nonrefundable fees apply to hemp growers: An annual application fee — $50; An annual license fee — $500; A fee for each additional location owned or controlled by a grower with a different mailing address — $500; A fee each time that the Department samples and tests official samples for THC — $250; and A site modification fee if the GPS coordinates listed in the application are changed — $250. A licensed grower may not: Grow or store hemp in a structure that is used for residential purposes; Plant, grow, or store hemp on any site that is not located within the licensed area; Display or exhibit live hemp plants, viable seeds, or floral materials at trade shows, county fairs, or educational or other similar events without written permission from the organizer of the event; Allow unsupervised public access to hemp plots or plantings; Sell, transfer, or permit the sale or transfer of living hemp plants or viable hemp seeds to any person in the State who does not hold a license issued by the Department; Sell, transfer, or permit the sale or transfer of living plants, viable seeds, leaf material, or floral material to any person in another state who is not authorized by the laws of that state to own or otherwise possess such products; Comingle hemp plant material from one lot with hemp plant material from other lots unless the lots have been tested and deemed compliant with this chapter; Place in the stream of commerce any hemp grown in a lot that has a noncompliant THC level; Provide false or misleading information in any report, record, or other document required under this chapter or during the course of an inspection conducted under this chapter; Hinder or obstruct an authorized agent of the Department or any other law enforcement officer from entering the licensed area for the purpose of collecting, sampling, or inspecting hemp; Violate any of the provisions of this chapter, including, but not limited to, the licensing terms set forth in Regulation .04 of this chapter; or Violate any applicable laws and regulations relating to the use and development of the land for hemp production. There is no distance requirement, limitation, or buffer zone between licensed growers and between licensed growers and medical cannabis growers licensed under Health-General Article, §13-3306, Annotated Code of Maryland. No rule may establish such a distance requirement, limitation, or buffer zone without the Department’s evaluation, in consultation with the Natalie M. LaPrade Medical Cannabis Commission, of sufficient scientific data showing impacts to either crop as a result of cross-pollination. Field Planting Report. Within 10 days after planting, a licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Field Planting Report that includes: The licensed grower's full name and contact information; The license number; The planting date and anticipated harvest date; The hemp's variety name; The field location ID listed in the application; An updated detailed map depicting any changes; and The primary intended use of the harvested hemp for each planting. A licensed grower who does not plant hemp in an approved outdoor growing area listed in the application shall submit a Field Planting Report on or before July 31, stating that hemp has not and will not be planted at that site. If a replanting of seeds or propagules occurs, the licensed grower shall complete and submit to the Department a new Field Planting Report within 10 days after the planting, providing the information required under this section. Indoor Planting Report. Within 10 days after establishing plants at an indoor location, a licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Greenhouse/Indoor Planting Report that includes: The licensed grower's full name and contact information; The license number; The planting date and anticipated harvest date; The hemp's variety name; and The primary intended use of the harvested hemp of each planting. The licensed grower shall submit this report each time hemp is planted in, moved within, or moved into a licensed area, except for replanting into a larger container within the same indoor location. In addition to completing the initial Greenhouse/Indoor Planting Report, the licensed grower shall submit to the Department quarterly reports for each location ID to the Department no later than March 31, June 30, September 30, and December 31. Destruction Report. Within 48 hours after crop destruction or as ordered by the Department, the licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Destruction Report that includes: The licensed grower's full name and contact information; The license number; The disposal date of each lot destroyed; and The method of destruction. Annual Production Report. A licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Annual Production Report by December 1 of each year that provides the following information: The licensed grower's full name and contact information; The license number; The acreage or amount of greenhouse space planted, the planting date, the harvest date, and the varieties grown; and The weight and type of plant material harvested and the plant material being stored and the location of its storage as of the date of the report. Hemp Crop Acreage Report to Farm Service Agency. A licensed grower shall report information pertaining to the grower's hemp operation with USDA, Farm Service Agency, as required under federal law. This information may include: The license number that the Department issued to the licensed grower; The street address where licensed grower is producing hemp; The geospatial location of each lot or greenhouse where hemp will be produced; If hemp is grown outdoors, the hemp crop acreage, including the total acreage planted and harvested, and, if any portion of the crop is disposed of, the amount; If hemp is grown indoors, the indoor square footage or acreage dedicated to the production of hemp; and If the licensed area is altered in accordance with Regulation .04, updated information pertaining to the site modification. Drug Felony Conviction Report. Within 15 days of conviction of a disqualifying felony offense, a licensed grower shall inform any co-licensees and submit to the Department a signed, complete, accurate, and legible Departmental Drug Felony Conviction Report that includes: The license number; The date of conviction; and An acknowledgement that all co-licensees have been informed of the disqualifying offense, if applicable, and the co-licensees have assumed full responsibility for the hemp crop. Failure to report the disqualifying offense may result in an order of destruction. Record-Keeping Requirements. A licensed grower shall keep and maintain for at least 3 years all information that supports, verifies, or documents all reports required under this regulation. Annual Inspections. The Department shall conduct annual inspections of, at a minimum, a random sample of licensed growers and collect regulatory samples of hemp to verify that hemp is not being produced in violation of this chapter. The Department shall conduct these inspections during normal business hours. The Department may conduct these inspections without notice. Additional Inspections. If the Department has reason to believe that a violation of the Program is occurring, it may conduct such additional regulatory inspections of a licensed grower’s operation and sampling of hemp it deems appropriate. The Department shall conduct these inspections during normal business hours. It may conduct these operations without notice. Sampling and Testing Regulatory Samples. When conducting regulatory sampling and testing of hemp under §§A and B of this regulation, the Department shall follow the official sampling methodology and testing requirements set forth in Regulation .10 of this chapter. A licensed grower may request the Department or an authorized agent to collect official samples of hemp for testing under §D of this regulation. Official Sampling Methodology. To ensure a confidence level of 95 percent that no more than 1 percent of the plants in a lot exceeds the acceptable hemp THC level, official samples collected by the Department or an authorized agent shall be done in accordance with the Department's sampling methodology, which requires that: Samples shall be collected by the Department or an authorized agent; Samples selected shall be solely determined by the Department or authorized agent; Samples shall be from the [flower material of the hemp plant;] flowering tops of plants which shall be approximately 5 to 8 inches in length from: The main stem (that includes the leaves and flowers); The terminal bud (that occurs at the end of a stem); or The central cola (cut stem that could develop into a bud); Samples shall represent a homogeneous composition of the lot being collected, and a minimum of two samples from each lot shall be collected (the number of plants selected for sampling will be dependent on the size of the growing area); Samples of hemp plant material from one lot may not be commingled with hemp plant material from other lots; Samples shall be collected during the growing season and before harvest; When a scheduled sampling occurs, the grower or an authorized grower representative shall be present at the growing site; The grower shall provide the Department or an authorized agent complete and unrestricted access to all hemp plants and all locations listed in the application; The grower or authorized agent shall take any other action that the Department deems necessary to ensure that the stated confidence level is met; If the licensed grower fails to complete the harvest within 30 days, a new sample of the lot shall be collected for testing purposes following the procedures set forth in this regulation; The Department or authorized agent shall place the composite representative sample in a properly labeled paper bag, seal the bag, and place the following information on the bag or otherwise include it with the sample: License number; Name and contact information of the sampling agent; Name and contact information of the licensee; Date sample was taken; Sample identification number for the lot; Field identification number listed in the application; and Any other information that may be required by the Department; and The sample and sampling report shall be hand-delivered or placed in a box, sealed with security tape, and shipped overnight to the Department or authorized laboratory. All hemp samples collected become the property of the Department without cost to it and are nonrefundable. Testing Requirements. The Department or an authorized laboratory shall test hemp for prohibited THC levels by performing a quantitative laboratory determination of the total delta-9 THC concentration on a dry weight basis. In conducting this work, the following standards shall be met: Laboratory quality assurance shall ensure the quality and validity of the test results and that the testing method used is appropriate; An appropriate chain of custody shall be maintained at all times; The official samples shall be dried, the stem and seed shall be separated from floral material and discarded, and the floral material shall be ground; The ground floral material shall be tested for THC content; The THC testing procedure shall include a valid testing methodology that uses post-decarboxylation or other similarly reliable methods, including, but not limited to, gas chromatography with flame ionization detection, or liquid chromatography with ultraviolet detection (The testing methodology shall consider the potential conversion of THCA in hemp into THC and the test result shall measure total available THC derived from the sum of the THC and THC-A content. The total THC concentration level shall be determined and reported on a dry weight basis. MU shall be used in determining the range of the result found.); and A sample test result with a delta-9 THC concentration on a dry weight basis greater than the acceptable hemp THC level is conclusive evidence that the lot represented by the sample contains a delta-9 THC concentration on a dry weight basis of more than 0.3 percent and that the hemp is therefore not in compliance with this chapter. Test Results Report. If an authorized laboratory conducts the testing, the hemp grower shall direct the laboratory to report the test results for all samples tested to the Department and USDA. The test results report shall contain the information below for each sample tested: Hemp grower's license or authorization identifier; Name of hemp grower; Business address of hemp grower; Lot identification number for the sample; Name and address of laboratory; Date of test and report; Identification of a retest; and Test result. Performance-Based Sampling Protocol. For hemp plants that are not intended to be produced to a mature, flowering state (for example, hemp greens, hemp microgreens, and hemp transplants), the Department may utilize a performance-based sampling protocol to determine THC crop compliance. This protocol, which has been approved by USDA, includes seed certification processes and other processes that identify varieties that have consistently resulted in compliant hemp plants. Notice to the Department. At planting, the licensed grower shall notify the Department of the grower’s intent and plans for producing hemp greens, hemp microgreens, or hemp transplants, including the grower’s intent to harvest these plants. If the licensed grower is intending to produce hemp greens, hemp microgreens, or hemp transplants, the grower may only use hemp seeds or propagules that originate from THC compliant hemp plants. To ensure this, the licensed grower may only use: Seeds originating from THC compliant hemp plants that have been certified by a member agency of the Association of Official Seed Certifying Agencies; Seeds derived from hemp plants that were tested during the preceding 2-year period and, for each of these 2 years, deemed THC compliant by the Department, an authorized laboratory, or other USDA-approved hemp program; and Propagules from hemp plants that were tested by the Department, an authorized agency, or other USDA-approved program and deemed THC compliant. If the licensed grower is using certified seeds, the grower shall provide the Department copies of the seed tags. If the licensed grower is using propagules, the grower shall provide the Department the test results of the hemp plants. The Department may conduct random testing of hemp greens, hemp microgreens, and hemp transplants produced by licensed growers. The Department may collect samples for determining the total THC concentration. The licensed grower shall have an authorized representative on-site during the site inspection conducted by the Department. If the crop does not meet the protocol for determining crop compliance under this regulation, the licensed grower shall hold the harvest lot until notified by the Department of the grower’s options. Hemp Microgreens Verification. The Department shall verify that the producer: Obtained and used only authorized hemp seed or propagules; Harvested the crop no more than 14 days after planting; Only grew hemp plants that were no more than 5 inches in height; and Did not grow hemp plants to a flowering state. Hemp Greens Verification. The Department shall verify that the producer: Obtained and used only authorized hemp seed or propagules; Harvested the crop prior to the plants being 10 inches in height; and Did not produce a flowering crop. Hemp Transplants Verification. The Department shall verify that the producer: Obtained and used only authorized hemp seed or propagules; Only grew plants that were no more than 12 inches in height; and Did not grow plants to a flowering state. If the licensed grower produces a crop that does not meet the protocol for determining THC crop compliance under this regulation, the grower shall: Follow the compliance, sampling, and testing requirements set forth in Regulation .10 of this chapter; or Dispose of the crop. Records. Proof of THC Compliance. A licensed grower producing hemp greens, hemp microgreens, or hemp transplants shall maintain for 3 years records showing proof of THC compliance of seeds or propagules used to produce these crops. Sales Records. A licensed grower producing hemp transplants shall maintain for 3 years records showing the name and address of persons to whom the transplants were sold or transferred. A licensed grower may not co-mingle, transport, transfer, sell, market, process, or otherwise dispose of hemp pending a THC analysis by the Department or an authorized laboratory. To place hemp in the stream of commerce, test results shall confirm that the final product batch hemp contains no more than a total 0.3 percent delta-9 THC on a dry weight basis using the method’s determined measurement uncertainty, and all such testing results shall be retained by the grower and made available to the Department upon demand for a minimum of 3 years. Hemp samples with a post-decarboxylated THC level equal to or below the acceptable hemp THC level require no further action by the Department. The area or harvested plant material from which the sample was obtained that was harvested within 30 days of the date of sampling may be marketed or further processed. Upon receipt of a failing test result, a licensed grower may request resampling and retesting of the varieties in question. If no retest is requested, or the retested sample is greater than 0.3 percent THC, the area represented by the sample, or any harvested hemp from the area represented by the sample, shall be disposed of as provided in Regulation .14 of this chapter. The grower shall retain all such testing results and make them available to the Department upon demand for a minimum of 3 years. Hemp plants from lots determined to be nonmarketable (that is, the plants exceed the acceptable hemp THC level) and products derived from such plants may not be further handled, processed, or enter the stream of commerce. If a grower comingles hemp from a lot with hemp from another lot before the test results from any of the comingled lots are made known, the grower shall dispose of all of the hemp if the test results from just one of these lots is subsequently found to be nonmarketable. The costs of disposal of nonmarketable hemp plants and products derived from such plants are the responsibility of the grower. The grower shall notify the Department immediately upon receipt of a test report determining that any portion of the crop tests positive for a prohibited amount of THC. If hemp is deemed nonmarketable (that is, the plants exceed the acceptable hemp THC level), the Department shall: Notify the grower to stop the harvest and shipment of any plants or plant material harvested from the tested area; Send a representative from the Department to conduct an inventory of the harvested and unharvested plants from the area that was tested; Offer options for retesting and remediation consistent with remediation guidelines approved by U.S. Domestic Hemp Production Program; and Offer options for disposal. The disposal of hemp deemed noncompliant with this chapter shall render a plant or a product derived from such plant unusable by burning, incorporating with other materials, or other methods approved by the Department consistent with USDA guidelines. The grower shall notify the Department of the grower’s intent to dispose of nonconforming plants. A representative from the Department or a law enforcement official shall supervise the disposal of any noncompliant hemp plants or plant materials. The grower shall verify disposal by submitting required documentation to the Department and retain a copy of the disposal record for 3 years. Except as provided in §C of this regulation, the Department, upon notice and an opportunity to be heard, may deny a license application or suspend or revoke a license to produce hemp under the Program, if the person: Fails to comply with the Department's plan for monitoring and regulating the production of hemp; Misrepresents the legal description of land on which hemp is produced; Produces hemp without a valid license; Produces plants, or any part of a plant, that exceeds a delta-9-tetrahydrocannabinol concentration of 0.3 percent on a dry weight basis; Violates the licensing terms set forth in Regulation .04D of this chapter; Provides false or misleading information in any report, record, or other document required under this chapter or during the course of an inspection conducted under this chapter; Hinders or obstructs an authorized agent of the Department or any other law enforcement officer from entering the licensed area for the purpose of collecting, sampling, or inspecting hemp; Fails to maintain all records pertaining to hemp production required by this chapter and to make these records available during normal business hours for copying and inspection by the Department or other law enforcement agency; Fails to submit complete, signed, and accurate reports required under Regulation .08 of this chapter; Fails to dispose of hemp as directed by the Department; Is found to be growing or in possession of hemp not in compliance with these regulations; Is convicted of a felony related to a controlled substance under state or federal law; Cultivates or stores hemp on any site not listed in the application; Represents hemp seeds which are indistinguishable by the plant's characteristics to be of a recognized variety, without having adequate information for such variety representation; or Violates any provision of this chapter. The Department shall deny a license application or suspend or revoke a license to produce hemp under the Program if the person provides false or misleading information in the application for a licensee to grow hemp as provided in this chapter. Negligent Violations. If it determines that a violation is a negligent violation, the Department, in lieu of sanctioning the person as provided in §A of this regulation, may issue a corrective action plan, affording the person an opportunity to correct that violation and come into compliance. A person may not have more than one negligent violation per growing season. A negligent action includes, but is not limited to, the following: The failure to provide a legal description of the land; The failure to obtain a license; The production of cannabis with the total THC concentration exceeding the acceptable hemp THC level (0.3 percent with MU) unless the person has made reasonable efforts to grow hemp and the cannabis does not have a total delta-9-THC concentration of more than 1 percent on a dry weight basis. The corrective action plan issued by the Department shall include the following: A date by which the person shall correct the violation; The action that the person shall take to come into compliance; To ensure compliance, a requirement that the person shall report to the Department at a frequency determined by the Department for a period of not less than 2 calendar years from the date of the violation the compliance measures it is taking; and Inspection requirements as determined by the Department. If the person fails to implement or comply with the corrective action plan, the Department may proceed to suspend or revoke the grower's license to produce hemp as provided in §A of this regulation. If the Department determines that a person has violated this chapter three times in a 4-year period, that person is banned from producing hemp for a period of 5 years beginning on the date of the third violation. Violations Exceeding Negligence — Immediate Suspension. If the Department determines that a person has violated the Program with a culpable mental state greater than negligence, the Department shall: Send a Notice of Suspension to the person, ordering the person to suspend all hemp operations immediately; and Refer the matter to the United States Attorney General, the Maryland Attorney General, or State's Attorney, as appropriate, to enforce the requirements of this chapter. If the Department issues a Notice of Suspension, the grower may not harvest or remove cannabis from the premises where hemp or other cannabis was located at the time the Department issued this notice. As soon as possible after the Notification of the Suspension, the Department shall inspect the grower's premises and perform an inventory of all hemp and hemp products that are in the grower's possession. The Department shall schedule a license revocation hearing for a date as soon as practicable after the Notification of Suspension, but in any event not later than 60 days following the notification of suspension. Notice. If it determines that sanctions are warranted against a person under Regulation .15 of this chapter, the Department shall provide the person written notice of the violation via regular mail, certified mail, or personal service that includes: The facts that are asserted pertaining to the violation; The pertinent statutory and regulatory sections under which the Department is taking its action; The Department's determination whether the person's conduct constitutes a negligent violation or a violation with a culpable mental state greater than negligence; A statement explaining whether the Department has informed law enforcement of the violation; The sanction proposed, if any, as a result of the Department's action; and Unless a hearing is automatically scheduled, notice that the person may request a hearing within 20 days from receiving the notice of the violation; what, if anything, the person shall do to receive a hearing; and the direct consequences, including sanctions, if any, of the person's failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing. To receive a hearing on the matter set forth in the Notice of Violation, the person shall submit a written request for a hearing to the Maryland Department of Agriculture, Hemp Farming Program, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401. If the person fails to submit a written request in a timely manner, the notice of violation shall become final and the Department may impose the proposed sanction stated in the notice. Hearings. Hearings under this regulation shall be in accordance with the Maryland Administrative Procedure Act and COMAR 15.01.01. Appeals. A person aggrieved by a decision of the Department under this chapter, including a decision to deny an application for a license, or to suspend or revoke a license, may appeal the decision to the circuit court pursuant to the Maryland Rules of Civil Procedure. By the first of each month, the Department shall file with USDA a report on each licensed grower with the following information: For each new licensee that is an individual, the report shall include: The full name of the individual; The license number and status; The business address; Telephone number and email address (if applicable); and A legal description and GPS coordinates for each field, greenhouse, indoor growing structure, or site where industrial hemp will be cultivated, handled, or stored. For each new licensee that is a business entity, the report shall include: The full name of the business entity; The license number and status; The principal business location address; The full name, title, and email address (if applicable) of each person for whom the entity is required to submit a criminal background check; and A legal description and GPS coordinates for each field, greenhouse, indoor growing structure, or site where industrial hemp will be cultivated, handled or stored. For each licensee that was included in a previous report and whose reported information has changed, the report shall include the previously reported information and the new information, including the following: The status of each grower and seed producer's license; The period covered by the report; and Indication whether there were changes during the current reporting cycle if applicable. By the first of each month, the Department shall file with USDA a report of any occurrence among licensed hemp growers where hemp plants or plant parts have exceeded the acceptable THC levels as provided in this chapter with the following information: The name and address of the licensee; Producer license number; Location information, such as a lot number, location type, and GPS coordinates or other location descriptor for the production area subject to hemp disposal; Information on the agent handling the disposal; and Documentation or traceability from seed acquisition to harvest or crop termination. In addition to the hemp disposal report described in §B of this regulation, the Department shall promptly notify USDAs Agricultural Marketing Service of any occurrence of hemp plants that do not meet the definition of hemp as provided in this chapter or products derived from such plants. Records shall be attached to the report demonstrating that the proper disposal methods were followed. By December 15 of each year, the Department shall submit an annual report to USDA that provides the following information under the Program: Total planted acreage; Total harvested acreage; and Total acreage disposed. Any report filed by the Department with USDA shall be submitted using a digital form compatible with USDAs sharing systems, whenever possible. Any public record held by the Department is subject to inspection and release only as provided by the Maryland Public Information Act. The Department shall release to USDA record information about each hemp grower in a timely manner, as required by the United States Secretary of Agriculture. In addition to any other penalty provided by law, a person who violates this chapter may be subject to criminal penalties under Agriculture Article, §12-101 et seq., Annotated Code of Maryland. The Department shall report a person to the United States Attorney General and the Maryland Attorney General who knowingly: Fails to comply with the Department's plan for monitoring and regulating the production of hemp; Misrepresents the legal description of land on which hemp is produced; Produces hemp without a valid license; Produces plants, or any part of a plant, that exceeds a delta-9-tetrahydrocannabinol concentration of 0.3 percent on a dry weight basis; or Knowingly violates any provisions of Agriculture Article, Title 14, Subtitle 3, Annotated Code of Maryland. For purposes of determining the number of individual plants to select for sampling, the size of the growing area set forth in the chart below shall be followed. For sampling purposes, samples from separate lots shall be kept separate and may not be comingled. The authorized agent shall walk at right angles to the rows of plants, if possible, beginning at one point of the lot and walking towards another point on the opposite side of the lot. If the lot is too dense for this to be possible, the authorized agent shall take all reasonable steps to ensure that a sample is collected that represents a homogeneous composition of the lot by avoiding edges and thoroughfares. While walking through the growing area, the authorized agent shall cut the number of inflorescences (the flower or bud of a plant) based on the acreage of the growing area at random but convenient distances, and avoid collecting sample specimens from the borders of the field/greenhouse. The cut shall be obtained from the flowering tops of plants when flowering tops are present and shall be approximately 5 to 8 inches in length from the “main stem” (that includes the leaves and flowers), “terminal bud” (that occurs at the end of a stem), or “central cola” (cut stem that develops into a bud) of the flowering top of the plant. Agriculture Article, §14-307, Annotated Code of Maryland Effective date: November 1, 2020 (47:21 Md. R. 904) Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired Chapter revised effective August 7, 2023 (50:1 Md. R. 683)