1. (1) The commissioner may enforce this rule by the issuance of a citation for violation to secure payments of fines or the imposition of penalties.

2. (2) The citation shall include:

   1. (a) the name, street address, city, state, zip-code, phone-number, and title or position of the person, business, organization, corporation, firm, or limited liability company being given the order;
   2. (b) references to the statutes or rules violated;
   3. (c) a brief statement of findings of fact as determined by the division;
   4. (d) a penalty or fine amount;
   5. (e) the signature of the division representative;
   6. (f) corrective action required; and
   7. (g) a statement that the person is allowed to request an administrative hearing if the person feels that a citation was not warranted.
3. (3) Fine or penalty amounts shall be set by the department or the division, under the direction of the commissioner, for amounts up to $5,000 per violation, or if the citation involves a criminal proceeding, the person may be found guilty of a class B misdemeanor.

4. (4) For violations of Chapter 4-41 Hemp and Cannabinoid Act:

   1. (a) if the citation is not paid within 30 days, the penalty shall be two times the citation amount; and
   2. (b) if the citation is not paid within 60 days, the penalty shall be four times the citation amount.

5. (5) For violations of Chapter 4-41a Cannabis Production Establishments:

   1. (a) if the citation is not paid within 30 days, the penalty shall be two times the citation amount; and
   2. (b) if the citation is not paid within 40 days, the penalty shall be four times the citation amount.

6. (6) For violations of Chapter 4-45 Kratom Consumer Protection Act:

   1. (a) if the citation is not paid within 30 days, the penalty shall be two times the citation amount; and
   2. (b) if the citation is not paid within 60 days, the penalty shall be four times the citation amount.

KEY: industrial hemp, medical cannabis, violations, kratom, compliance actions, hold orders, citations, cease and desist orders, license suspensions, hearings, enforcement, fines and penalties

Date of Last Change: November 13, 2025

Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-2-302