New Jersey § 4:28-12

§ 4:28-12.

a. If the department determines that a hemp producer negligently violated P.L.2019, c. 238 ( C.4:28-6 et al.) or any rule or regulation adopted pursuant thereto, the department shall

enforce the violation in the manner provided by 7 U.S.C. s.1639p : (1) The hemp producer shall not be subject to a civil or criminal penalty under subsection

a. of this section. A hemp producer shall be required to implement a corrective action plan if the department

determines that the person or business entity negligently violated State hemp laws

or regulations, including by negligently: (a) Failing to disclose, or provide required information about, a site where hemp

is cultivated, handled, or processed; (b) Failing to obtain a necessary license from the department or a necessary authorization

from the State or a federal agency other than those required to be a hemp producer;

or (c) Producing Cannabis sativa L. with more than the federally defined THC level for

hemp. (2) A corrective action plan required pursuant to paragraph (1) of this subsection

shall include: (a) A reasonable date by which a hemp producer shall correct the negligent violation; (b) A requirement for periodic reports from the hemp producer to the department about

the hemp producer's compliance with the corrective action plan, statutes, and any

rules or regulations adopted pursuant thereto, for a period of at least two years

from the date of the corrective action plan; and (c) any other measure that the department determines necessary to ensure that the

hemp producer complies with the corrective action plan. (3) A hemp producer that negligently violates any law, or any rule or regulation adopted

pursuant thereto, governing that person's or business entity's participation in the

hemp program shall not be subject to a criminal or civil enforcement action by the

State or a local government other than an enforcement action authorized pursuant to

this section; provided that the department may adopt rules and regulations establishing

measures to ensure compliance with a corrective action plan required pursuant to paragraph

(1) of this subsection. (4) A person or business entity found by the department to have negligently violated

any law, or rule or regulation governing the person's or business entity's participation

in the hemp program three times in a five-year period shall be ineligible to participate

in the State hemp program as a hemp producer for a period of five years beginning

on the date of the third violation. b. If the department determines that a hemp producer has violated P.L.2019, c. 238 ( C.4:28-6 et al.) or a rule or regulation adopted pursuant thereto with a culpable mental state

greater than negligence, subsection a. of this section shall not apply and the department

shall report the hemp producer immediately to the United States Attorney General and

the Attorney General of the State, who may, on behalf of the department, investigate

the violation and institute proceedings for injunctive or other appropriate relief

including civil or civil administrative penalties, or report the matter to an appropriate

law enforcement agency. c. In addition to the rules and regulations adopted pursuant to sections 5 and 6 of P.L.2019, c. 238 ( C.4:28-10 and C.4:28-11 ), no later than 90 days after the effective date of P.L.2019, c. 238 ( C.4:28-6 et al.) and notwithstanding the provisions of the “Administrative Procedure Act,”

P.L.1968, c. 410 ( C.52:14B-1 et seq. ) to the contrary, the department, after consulting with the Governor and the Attorney

General, shall immediately upon filing proper notice with the Office of Administrative

Law, adopt interim rules and regulations establishing a schedule of civil and civil

administrative penalties for violations of P.L.2019, c. 238 ( C.4:28-6 et al.) or a rule or regulation adopted pursuant thereto that do not conflict with 7 U.S.C. s.1639o et seq. or P.L.2019, c. 238 ( C.4:28-6 et al.), and provide notice and appeals processes for hemp producers. The regulations shall be effective as regulations immediately upon filing with the

Office of Administrative Law and shall be in effect for a period not to exceed 18

months, and shall, thereafter, be amended, adopted, or readopted by the department

in accordance with the provisions of the “Administrative Procedure Act.” Any penalty collected pursuant to P.L.2019, c. 238 ( C.4:28-6 et al.) shall be deposited in the “New Jersey Hemp Farming Fund” established pursuant

to section 8 of P.L.2019, c. 238 ( C.4:28-13 ). d. A person who is or has been convicted of an offense relating to a controlled substance

under State or federal law may not participate in the State hemp program established

pursuant to P.L.2019, c. 238 ( C.4:28-6 et al.) or produce hemp in the State under any other law for a period of at least

10 years following the date of the person's conviction. This prohibition shall not apply to any person growing hemp lawfully with a license,

registration, or authorization under a program authorized pursuant to 7 U.S.C. s.5940 before the date of enactment of P.L.2019, c. 238 ( C.4:28-6 et al.).