(1) Public Safety Violations: $3,000 - $5,000 per violation. This category is for violations that present a direct threat to public health or safety including:
- (a) use of unapproved pesticide or unapproved agricultural soil amendment;
- (b) cannabis sold to an unlicensed source;
- (c) cannabis purchased from an unlicensed source;
- (d) refusal to allow inspection;
- (e) failure to comply with testing requirements;
- (f) a test result for high pesticide residue in the cannabis produced or cannabis product;
- (g) unauthorized personnel on the premises;
(h) permitting criminal conduct on the premises; or
- (i) engaging in or permitting a violation of the Title 4, Chapter 41a, Cannabis Production Establishments.
(2) Regulatory Violations: $1,000 - $5,000 per violation. This category is for violations involving this rule and other applicable state rules:
- (a) failure to maintain alarm and security systems;
- (b) failure to keep and maintain records for at least two years;
- (c) failure to maintain traceability;
- (d) failure to follow transportation requirements;
- (e) failure to follow the waste and disposal requirements;
- (f) engaging in or permitting a violation of Title 4, Chapter 41a, Cannabis Production Establishments or this rule; or
- (g) failure to maintain standardized scales.
(3) Licensing Violations: $500- $5,000 per violation. This category is for violations involving licensing requirements including:
- (a) an unauthorized change to the operating plan;
- (b) failure to notify the department of changes to the operating plan;
- (c) failure to notify the department of changes to financial or voting interests of greater than 2%;
- (d) failure to follow the operating plan as approved by the department;
- (e) engaging in or permitting a violation of this rule or Title 4, Chapter 41a, Cannabis Production Establishments; or
- (f) failure to respond to violations.
- (4) The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.
- (5) The department may consider enhancing or reducing the penalty based on the seriousness of the violation.
KEY: marijuana, cannabis cultivation facility
Date of Last Change: June 24, 2025
Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4-41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)