1. A. The costs of disposal of nonmarketable hemp plants and products derived from such plants are the responsibility of the grower.
2. B. 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.

3. C. If hemp is deemed nonmarketable (that is, the plants exceed the acceptable hemp THC level), the Department shall:

   1. (1) Notify the grower to stop the harvest and shipment of any plants or plant material harvested from the tested area;
   2. (2) Send a representative from the Department to conduct an inventory of the harvested and unharvested plants from the area that was tested;
   3. (3) Offer options for retesting and remediation consistent with remediation guidelines approved by U.S. Domestic Hemp Production Program; and
   4. (4) Offer options for disposal.
4. D. 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.
5. E. The grower shall notify the Department of the grower’s intent to dispose of nonconforming plants.
6. F. A representative from the Department or a law enforcement official shall supervise the disposal of any noncompliant hemp plants or plant materials.
7. G. The grower shall verify disposal by submitting required documentation to the Department and retain a copy of the disposal record for 3 years.

Authority: 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)