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(a) The State Plant Board may establish a program of annual licensure to allow persons to grow industrial hemp in the state.
(b)(1) The industrial hemp licensure program shall include the following forms of license:
(A)(i) An industrial hemp research program grower license, to allow a person to grow industrial hemp in this state in a controlled fashion solely and exclusively as part of the industrial hemp research program overseen by the board.
(ii) A license under subdivision (b)(1)(A)(i) of this section is subject to the receipt of necessary permissions, waivers, or other forms of authentication by the United States Drug Enforcement Administration or another appropriate federal agency under applicable federal laws relating to industrial hemp; and
(B)(i) An industrial hemp grower license to allow a person to grow industrial hemp in this state.
(ii) A license under subdivision (b)(1)(B)(i) of this section is subject to the authorization of legal industrial hemp growth and production in the United States under applicable federal laws relating to industrial hemp.
(2) A license issued under this section shall authorize industrial hemp propagation only on the land areas specified in the license.
(c)(1) A person seeking an application to grow industrial hemp, whether as part of the industrial hemp research program or otherwise, shall apply to the board for the appropriate license on a form provided by the board.
(2) The board shall require the applicant to include on the form provided by the board under subdivision (c)(1) of this section the following information, including without limitation:
(A) The name and mailing address of the applicant;
(B) The legal description and global positioning coordinates of the production fields to be used to grow industrial hemp; and
(C)(i) Written consent allowing the board, if a license is ultimately issued to the applicant, to enter onto the premises on which the industrial hemp is grown to conduct physical inspections of industrial hemp planted and grown by the applicant to ensure compliance with this subchapter and rules adopted under this subchapter.
(ii) Unless a deficiency is found, the board shall make no more than two (2) physical inspections of the production fields of an industrial hemp licensee.
(iii) Tetrahydrocannabinol levels shall be tested as provided in this subchapter.
(d) Each application shall be accompanied by a nonrefundable fee of fifty dollars ($50.00).
(e) The board shall establish a fee not to exceed two hundred dollars ($200) for an:
(1) Initial license; and
(2) Annual renewal license.
(f)(1) For an industrial hemp research program grower licensee, the board may approve licenses for only those growers whose demonstration plots the board determines will advance the goals of the industrial hemp research program.
(2) The board shall base a determination under subdivision (f)(1) of this section on:
(A) Growing conditions;
(C) Soil type;
(D) Various varieties of industrial hemp that may be suitable for various hemp products; and
(E) Other relevant factors.
(g) The board shall determine the number of acres to be planted under each license.
(h) A copy of or an electronic record of a license issued by the board under this section shall be forwarded immediately to the sheriff of the county in which the industrial hemp location is licensed.
(i) Records, data, and information filed in support of a license application is proprietary and subject to inspection only upon the order of a court of competent jurisdiction.
(j) At the expense of the license holder, the board shall:
(1) Monitor the industrial hemp grown by each license holder;
(2) Provide for random testing of the industrial hemp for compliance with tetrahydrocannabinol levels; and
(3) Provide for other oversight required by the board.
Cite this article: FindLaw.com - Arkansas Code Title 2. Agriculture § 2-15-408. Industrial hemp licenses - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-2-agriculture/ar-code-sect-2-15-408.html
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