(a) A hemp producer shall be subject to this section if the Department determines that the hemp producer has negligently violated the requirements of this chapter, including by negligently:
(1) Failing to provide a legal description of land on which the hemp producer cultivates hemp; and
(2) Failing to obtain a license or other required authorization from the Department as applicable; and
(3) Failing to reasonably cultivate, handle, store or transport all hemp and other cannabis plants; and
(4) Producing Cannabis sativa L. with a THC concentration of more than the acceptable hemp THC level.
(b) A hemp producer who negligently violates this chapter shall not, as a result of that violation, be subject to any criminal enforcement action by the federal government or any state government, tribal government, or local government. A hemp producer shall not receive more than one negligent violation per year.
(c) A hemp producer who negligently violates this chapter under this section three times in a five-year calendar period shall be ineligible to produce hemp for a period of five calendar years beginning on the date of the third violation.
(d) Hemp producers do not commit a negligent violation if they produce plants that exceed the acceptable hemp THC level, using reasonable efforts to grow hemp, and if the plant does not have a THC concentration of more than one percent on a dry weight basis, or such other percentage on a dry weight basis permitted under the USDA hemp regulations at 7 C.F.R. Part 990 et seq. as amended from time to time.
(1) The Tribe recognizes that hemp producers may take the necessary steps and precautions to produce hemp, such as using certified seed, using other seed that has reliably grown compliant plants in other parts of the country, or engaging in other best practices, yet still produce plants that exceed the acceptable hemp THC level.
(2) The Department can consider other reasonable efforts.
(3) Although a producer would not be considered negligent, they would still need to dispose of hemp plants if the THC concentration exceeded the acceptable hemp THC level in accordance with the terms of this chapter.