§ 2-26-6. Rulemaking authority.
(a) The department shall adopt rules to provide for the implementation of this chapter, which shall include rules to require hemp to be tested during growth for THC levels and to require inspection of hemp during sowing, growing season, harvest, storage, and processing. Included in these rules should be a system requiring the licensee to submit crop samples to an approved testing facility, as determined by the department for testing and verification of compliance with the limits on delta-9 THC concentration.
(b) The department shall prescribe rules and regulations for all operational requirements for licensed growers, handlers, CBD distributors, and retailers, and to ensure consistency in manufactured products and appropriate packaging, labeling, and placement with respect to retail sales not inconsistent with law, to carry in effect the provisions of this chapter.
(c) The department shall not adopt, under this or any other section, a rule that would prohibit a person or entity to grow, distribute, or sell hemp based solely on the legal status of hemp under federal law.
(d) The department may adopt rules and regulations based on federal law provided those rules and regulations are designed to comply with federal guidance and mitigate federal enforcement against the licenses issued under this chapter.
(e) [Deleted by P.L. 2020, ch. 1, § 2 and P.L. 2020, ch. 2, § 2.]
History of Section.
P.L. 2016, ch. 441, § 1; P.L. 2016, ch. 442, § 1; P.L. 2019, ch. 88, art. 15, § 1;
P.L. 2020, ch. 1, § 2; P.L. 2020, ch. 2, § 2.