Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 80 - Marijuana › Subchapter 10 - Industrial Hemp › Part 1 - Rhode Island Industrial Hemp Program › Section 230-RICR-80-10-1.15 - Violations and Enforcement; Penalties

Current through June 14, 2024
A. Inspections
				  and Audits; Enforcement Actions
1. Licensees
				  are subject to reasonable inspection by DBR, DEM and RIDOH. DBR, DEM and RIDOH
				  and their authorized representatives have authority to enter a licensee's
				  premises at reasonable times and to inspect in a reasonable manner, the
				  premises and all equipment, materials, containers, and other things therein,
				  including without limitation all records, files, financials, sales, transport,
				  pricing and employee data, research, papers, processes, controls and to
				  inventory any stock of marijuana, labels, containers, paraphernalia and other
				  materials and products.
2. Nothing
				  herein shall be interpreted to limit the real time access of DBR, DEM and RIDOH
				  to information stored in the Program Tracking System or any other tracking
				  system approved by DBR and consistent with the Act.
3. Pursuant to the Act and consistent with
				  AIA 2018, §
											297(B)(e)(2)(A), any licensee who negligently violates the Act
				  or these Regulations, including the occurrence of "negligence" (as defined in
				  these Regulations) on the licensee's part, is subject to a DBR administered
				  corrective action plan to correct the application including:
a. A reasonable date by which the licensee
				  shall correct the negligent violation as approved by DBR;
b. A requirement that the licensee shall
				  periodically report to DBR on the compliance of the licensee with these
				  Regulations for a period of not less than the next two (2) calendar years;
				  and/or
c. Any other corrective
				  terms, conditions or exclusions as required by DBR or by
				  7 C.F.R. §
													990.6.
4. Pursuant to the Act and consistent with
				  AIA 2018, §
											297(B)(e)(2)(A), any licensee who violates the Act or these
				  Regulations with a culpable mental state greater than "negligence" may be
				  subject to suspension/revocation of his/her license, administrative penalties
				  in accordance with §
											1.15(B)   of this Part and/or a combination of penalties
				  as provided in R.I. Gen. Laws §
											2-26-10. In the event of a
				  violation performed with a greater culpable mental state, DBR shall immediately
				  report such licensee to the Rhode Island Office of Attorney General and the
				  U.S. Attorney's Office (District of Rhode Island) within thirty (30) days of
				  the receipt of such information, in accordance with AIA 2018, §
											297(B)(e)(2)(A).
5. Any hemp plant
				  or hemp derivative that is determined to be in violation of the Act, these
				  Regulations and/or the AIA 2018 shall be destroyed by or at the direction of
				  DBR or duly authorized State or law enforcement personnel and pursuant to the
				  following:
a. Prior to disposal the cannabis
				  must be made unusable and indistinguishable from other plant material. This may
				  be accomplished by grinding and incorporating the offending material with other
				  non-consumable solid waste or other ground materials so the resulting mixture
				  is at least fifty percent (50%) non-cannabis waste by volume.
b. Other methods to render the cannabis
				  unusable must be approved by DBR before implementation.
c. Cannabis that is rendered unusable
				  following an approved method may be delivered to a licensed solid waste
				  disposal facility in Rhode Island for final disposition or disposed of in an
				  alternative manner approved by DBR.
6. Pursuant to
				  7 C.F.R. §
												990.6(c), violations of
				  §
											1.15(A)(3)   of this Part are not subject to Federal, State, tribal or
				  local government criminal action.
7. Pursuant to
				  7 C.F.R. §
												990.6(c), DBR shall conduct
				  inspections to determine if corrective action plans as discussed in
				  §
											1.15(A)(3)   of this Part have been implemented.