OAR 603-048-0126: Pre-Registration Violations

(1)(a) Except as provided in subsection (b) of this section, if a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 prior to applying for a grower license, the Department shall refuse to issue a license to the person. (b) If the crop described in subsection (a) of this section is removed and the Department determines that the violation is resolved, the person described in subsection (a) of this section may apply for a license under ORS 571.281. The crop must be disposed of in accordance with OAR 603-048-0640 within 14 calendar days of the Department’s notification to the person, unless the Department grants an extension in writing. (2) If a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 prior to being issued a grower license under ORS 571.281, the Department shall: (a)(A) Prioritize the person’s industrial hemp crop for inspection under ORS 571.281 (7), if the person planted the industrial hemp crop as described in this subsection; and (B) Require the person to enter into a corrective action plan as described in OAR 603-048-0800(6) with the Department; or (b) Refuse to issue a license to the person if the Department determines that a corrective action plan is insufficient to address the violation. (3) If the person described in section (2) of this rule does not enter into a corrective action plan pursuant to OAR 603-048-0800(6), the Department may not issue a license to the person under ORS 571.281. (4) If the person described in section (2) of this rule refuses to permit or cooperate as described in OAR 603-048-0650(3) with a pre-licensure inspection or a pre-licensure sampling for THC content as described in OAR 603-048-0200(9) or refuses to obtain pre-licensure pre-harvest testing as requested by the Department, the Department may refuse to issue a license to the person under ORS 571.281. (5) Planting an industrial hemp crop for the purposes of this rule includes growing cannabis plants at the same location a person identifies as a proposed grow site in a grower application unless the cannabis plants are permitted under ORS 475C.305, ORS 571.266, a license issued pursuant to ORS 475C.065, or a medical marijuana grow site registered under ORS 475C.792.