License issuance--Denial, revocation, or suspension--Contested case

If the applicant has completed the application to the satisfaction of the secretary, paid the application fee, returned a criminal background check compliant with § 38-35-5 , and is eligible for a license under this chapter, the secretary shall issue the license upon receipt of an annual license fee.

A grower or research license issued under this chapter is valid for fifteen months from the date of issuance. A processor license issued under this chapter is valid for up to three years from the date of issuance.

The department may deny, revoke, or suspend a license of any person who:

(1) Violates any provision of this chapter or administrative rule promulgated under the authority of this chapter;

(2) Violates any rule set forth by the United States Department of Agriculture regarding industrial hemp;

(3) Provides false or misleading information in connection with any application required by this chapter;

(4) Has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years;

(5) Has been charged with or convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law since the most recent criminal background check; or

(6) Requests the secretary to revoke or suspend the license.

Any person whose license is denied, revoked, or suspended under this section may request a hearing pursuant to chapter 1-26 .

Source: SL 2020, ch 176, § 7, eff. Mar. 27, 2020; SL 2021, ch 182, § 4, eff. Mar. 25, 2021; SL 2022, ch 155, § 7, eff. Mar. 18, 2022; SL 2024, ch 168, § 4.