Okla. Stat. tit. 2, § 3-408
License Denial, Revocation, Suspension - Violations - Ineligibility
Effective Apr 18, 2019Laws 2018, HB 2913, c. 64, § 8, emerg. eff. April 23, 2018; Amended by Laws 2019, SB 868, c. 91, § 8, emerg. eff. April 18, 2019 (superseded document available).
A. The Department may deny, revoke or suspend a license if the licensee:
- 1. Violates any provision of the Oklahoma Industrial Hemp Program or rules adopted pursuant to the program;
- 2. Engages in fraud or deception in the procurement of or attempt to procure a license under this Oklahoma Industrial Hemp Program or provides false information on a license application;
- 3. Refuses or fails to cooperate and assist the Department with the inspection process;
- 4. Refuses or fails to provide any information required or requested by the Department for purposes of the Oklahoma Industrial Hemp Program;
- 5. Knowingly provides false, misleading or incorrect information pertaining to the licensee's cultivation, handling or processing of industrial hemp to the Department by any means, including information provided in any application form, report, record or inspection required or maintained for purposes of the Oklahoma Industrial Hemp Program;
- 6. Fails to submit any report required by the Oklahoma Industrial Hemp Program; or
- 7. Fails to pay fees required by the Oklahoma Industrial Hemp Program.
B.
- 1. If a sample of a licensee's industrial hemp tests higher than three-tenths of one percent (0.3%) but less than one percent (1%) delta-9 tetrahydrocannabinol concentration, the licensee shall not be subject to any penalty under the Oklahoma Industrial Hemp Program if the crop is destroyed; and
- 2. The disposal method used shall be based on rules promulgated by the State Board of Agriculture and shall comply with a corrective action plan developed by the licensee.
C.
- 1. A licensee that negligently violates the provisions of the Oklahoma Industrial Hemp Program shall not be subject to a criminal enforcement action; and
- 2. A licensee that negligently violates the provisions of the Oklahoma Industrial Hemp Program three (3) times in any five-year period shall be ineligible to obtain a license to produce hemp for a period of five (5) years beginning on the date of the third violation.
- D. Any person convicted of a felony relating to a controlled substance under state or federal law shall be ineligible during the ten-year period following the date of conviction to participate in this program.
Laws 2018, HB 2913, c. 64, § 8, emerg. eff. April 23, 2018; Amended by Laws 2019, SB 868, c. 91, § 8, emerg. eff. April 18, 2019 (superseded document available).