Cahuilla Band ofIndians 

52701 CA•Highway 371 Anza, California 92539 

CAHUILLA BAND OF INDIANS 

Industrial Hemp Production Plan 

Submitted for USDA Approval~ °J ,2021 

Approved:-----~2021 

Phone (951) 763·5549 Fax (951) 763·2808 

Email: Tribalcouncil@cahuilla.net 
Cahuilla Band ofIndians 

52701 CA-Highway 371 Anza, California 92539 

CAHUILLA BAND OF INDIANS 

Industrial Hemp Production Plan 

The Cahuilla Band oflndians ('4Tribe") is a federally recognized Indian tribe with 

jurisdiction over the Cahuilla Indian Reservation ('4Reservation") in California. Through this Plan 

and pursuant to the Agriculture Improvement Act of2018 (44Farm Bill"), the Tribe hereby assumes 

primary regulatory authority over the production ofhemp on the Reservation. 

This Plan contains two parts. Upon approval ofthe Plan, the Tribe will adopt the Cahuilla 

Band ofIndians Industrial Hemp Ordinance ("Hemp Ordinance"), attached herein as Appendix A. 

This Ordinance clarifies that, under Tribal law, the production ofhemp on the Reservation is legal 

only pursuant to a license issued by the Tribe. It also establishes eligibility requirements for 

licensure and penalties for violations ofthe conditions ofthe Hemp Ordinance or the terms and 

conditions ofthe license itself. The remainder ofthis document (''implementing regulations") 

contains requirements and conditions the Tribe will place on issuance oflicenses, as well as 

procedures for administration and regulation ofhemp licensees. Read together, the provisions of 

the Hemp Ordinance and implementing regulations contain, at a minimum: 

(1) A practice to maintain relevant information regarding land on which hemp is 

produced on the Reservation, including a legal description ofthe land, for a period 

ofnot less than three calendar years; 

(2) A procedure for testing, using post-decarboxylation or other similarly reliable 

methods, delta-9 tetrahydrocannabinol ("THC") concentration levels ofhemp 

produced on the Reservation; 

(3) A procedure for the effective disposal ofplants, whether growing or not, that are 

produced in violation ofthe Farm Bill and products derived from those plants; 

(4) A procedure to comply with enforcement as set forth in the Farm Bill; 

(5) A procedure for conducting annual inspections of, at a minimum, a random 

sample oflicensees to verify that hemp is not produced in violation ofthe 

Farm Bill; 

(6) A procedure for submitting the information required by the Farm Bill, as 

applicable, to the USDA not more than 30 days after the date on which the 

information is received; and 

(7) A certification that the Tribe has the resources and personnel to carry out the 

practices and procedures described above. 

Phone (951) 763-5549 Fax (951) 763-2808 

Email: Tribalcouncil@cabuilla.net 
Cahuilla Band of Indians 

52701 CA-Highway 371 Anza, California 92539 

ARTICLE I 

Definitions 

For purposes ofthis Plan, all terms defined in§ 101 ofthe Hemp Ordinance shall have the 

meanings defined therein. In addition, the following terms have the following meanings: 

(a) "Corrective action plan" means a plan established by the Tribe to correct a negligent violation 

or non-compliance with this Plan. 

(b) "DEA" means the United States Drug Enforcement Administration. 

(c) "Decarboxylated" means the completion ofthe chemical reaction that converts THC-acid 

("THC-A") into delta-9-THC, the intoxicating component ofcannabis. The decarboxylated 

value is also calculated using a conversion formula that sums delta-9-THC and eighty-seven 

and seven tenths (87.7) percent ofTHC-A. 

(d) "Decarboxylation" means the removal or elimination of carboxyl group from a molecule or 

organic compound. 

(e) "Dry weight basis" means the ratio ofthe amount ofmoisture in a sample to the amount ofdry 

solid in a sample. A basis for expressing the percentage ofa chemical in a substance after 

removing the moisture from the substance. Percentage ofTHC on a dry weight basis means the 

percentage ofTHC, by weight, in a cannabis item (plant, extract, or other derivative), after 

excluding moisture from the item. 

(f) "FSA" means the USDA Farm Service Agency. 

(g) "Key participant" means a person with executive managerial control, such as a chief executive 

officer, chiefoperating officer, and chieffinancial officer. This definition does not include 

non-executive managers such as farm, field, or shift managers or a member ofleadership ofthe 

Tribal government acting in their capacity as Tribal leader. 

(h) "Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing 

the same variety or strain of hemp throughout the area. 

(i) "Phytocannabinoid" means cannabinoid chemical compounds found in the cannabis plant, two 

ofwhich are delta-9 THC and cannabidiol ("CBD"). 

G) "Postdecarboxylation" means in the context oftesting methodologies for THC concentration 

levels in hemp a value determined after the process ofdecarboxylation that determines the total 

potential delta-9 THC content derived from the sum ofthe THC and THC-A content and 

reported on a dry weight basis. The postdecarboxylation value ofTHC can be calculated by 

using a chromatograph technique using heat, gas chromatography, through which THC-A is 

Phone (951) 763-5549 Fax (951) 763-2808 

Email: Tribalcouncil@cahuilla.net 
Cahuilla Band ofIndians 

52701 CA-Highway 371 Anza, California 92539 

converted from its acid form to its neutral form, THC. Thus, this test calculates the total 

potential THC in a given sample. The postdecarboxylation value ofTHC can also be calculated 

by using a high-performance liquid chromatograph technique, which keeps the THC-A intact, 

and requires a conversion calculation ofthat THC-A to calculate the total potential THC in a 

given sample. 

(k) "USDA" means the United States Department ofAgriculture. 

(I) "Variety" means a subdivision of a species that is uniform, in the sense that the variations in 

essential and distinctive characteristics are describable, stable, in the sense that the variety will 

remain unchanged in its essential and distinctive characteristics and its uniformity if 

reproduced or reconstituted as required by the different categories of varieties, and distinct, in 

the sense that the variety can be differentiated by one or more identifiable morphological, 

physiological, or other characteristics from all other publicly known varieties. 

ARTICI,E II 

Information Sharing 

(a) The Tribe will collect, maintain, and report to the USDA relevant, real-time information 

for each producer licensed or authorized to produce hemp on the Reservation. This 

information shall include: 

(1) The full name ofthe licensed producer, the principal business location address, 

telephone number, email address, license or authorization identifier, and, ifthe 

producer is a business, the full name, title, email address (ifavailable) ofeach key 

participant, and the employment identification number (EIN) ofthe entity; 

(2) A legal description ofthe land on which the licensee will produce hemp on the 

Reservation, including, to the extent practicable, its geospatial location; and 

(3) The status and number ofthe licensee's license and authorization. 

(b) All licensees must report hemp crop acreage to the Farm Service Agency (FSA) and shall 

provide, at a minimum, the following information: 

(1) The total acreage dedicated to the production ofhemp, or greenhouse or 

indoor square footage dedicated to the production ofhemp; 

(2) Street address and, to the extent practicable, the geospatial location(s) of 

each lot; and 

(3) License or authorization identifier. 

Phone (951) 763-5549 Fax (951) 763-2808 

Email: Tribalcouncil@cahuilla.net 
Cahuilla Band ofIndians 

52701 CA-Hi9hway 371 Anza, California 92539 

(c) The Tribe will submit, or cause others to submit, as appropriate, all federally-required 

reports in the appropriate manner, on time, and using USDA-approved forms where 

provided and as amended. These reports will include: 

(1) FSA-578 Crop Acreage Report to the FSA (annual) by the licensee; 

(2) AMS-23 State and Tribal Hemp Producer Report to USDA/AMS (first 

business day ofeach month); 

(3) Laboratory Tests Results Report to USDA (within 30 days after the 

information is received) by testing laboratory; 

(4) AMS-24 State and Tribal Hemp Disposal Report to USDA/AMS (first 

business day ofeach month); and 

(5) AMS-25 State and Tribal Hemp Annual Report to USDA/ AMS (December 

15 ofeach year). 

ARTICLE III 

Sampling 

(a) The Tribe will designate one or more sampling agents to select and collect hemp material 

for sampling. Sampling agents shall be trained using USDA, State, or Tribal training 

procedures, and the Tribe will maintain information, available to producers, about trained 

sampling agents. 

(b) The Tribe will conduct annual inspections of, at a minimum, a random sample oflicensees 

to verify that hemp is not produced in violation offederal law or this Plan. 

Notwithstanding whether a lot has been sampled pursuant to an annual inspection, all lots 

must undergo pre-harvest sampling. Licensees shall provide to sampling agents complete 

and unrestricted access during business hours to all hemp and other cannabis plants, to 

areas where hemp is grown and stored, and to all land, buildings, and other structures used 

for the cultivation, handling, and storage ofall hemp and other cannabis plants, and all 

locations listed in the license. 

(c) A licensee shall not harvest any crop prior to pre-harvest samples being taken. The licensee 

shall harvest the crop not more than 30 days following the date ofsample collection. If the 

licensee fails to complete the harvest within 30 days of sample collection, a secondary 

sample ofthe lot shall be required to be submitted for testing. The cost of all testing shall 

be paid by the licensee. 

Phone (951) 763-5549 Fax (951) 763-2808 

Email: Tribalcouncil@cahuilla.net 
Cahuilla Band ofIndians 

52701 CA-Highway 371 Anza, California 92539 

(d) Hemp plants and the material selected for sampling pursuant to an annual inspection or preharvest sampling shall be determined by the Tribe, not the licensee. All samples ofhemp 

material taken pursuant to this Plan are property ofthe Tribe and are non-returnable. 

(e) The selection of hemp for sampling, and the collection ofsamples, shall be conducted 

according to the USDA's Sampling Guidelines for Hemp Growing Facilities, as amended, 

incorporated into this plan by reference. 

(t) Samples shall be obtained from the flowering tops ofplants when flowering tops are 

present, and shall be approximately five to eight inches in length from the "main stem" 

(that includes the leaves and flowers), "terminal bud" (that occurs at the end ofa stem), or 

"central cola" (cut stem that could develop into a bud) ofthe flowering top ofthe plant. 

(g) The licensee or an authorized representative shall be present during sample collection. 

(h) The Tribe will notify the licensee within 30 days ofsampling ofthe status ofthe testing and 

eligibility ofthe harvested materials to leave the Reservation and/or move into market. Any 

licensee may request additional testing at its own cost ifit is believed that the original 

delta-9 THC concentration level test results were in error. 

(i) Harvested lots ofhemp plants shall not be commingled with other harvested lots or other 

material without prior written permission from the Tribe. Floral materials harvested for 

phytocannabinoid extraction shall not be moved beyond the processor, or commingled, or 

extracted, until the Tribe has notified the licensee that the material is eligible to leave the 

Reservation and/or move into market. 

ARJICLEIY 

Testing 

(a) The Tribe will submit sample material for testing to a DEA-registered lab using testing 

methodology able to accurately identify whether the sample contains a delta-9 THC content 

concentration level that exceeds the acceptable hemp THC level. The procedure must 

include a validated testing methodology that uses postdecarboxylation or other similarly 

reliable methods. The testing methodology must consider the potential conversion ofTHCA in hemp into THC and the test result measures total available THC derived from the sum 

ofthe THC and THC-A content. Testing methodologies meeting the requirements ofthis 

Section include gas or liquid chromatography with detection. The total THC concentration 

level shall be determined and reported by dry weight basis. 

(b) Analytical testing for purposes ofdetecting the concentration levels ofTHC shall meet the 

following standards: 

(1) Laboratory quality assurance must ensure the validity and reliability oftest 

results; 

Phone (951) 763-5549 Fax (951) 763-2808 

Email: Tribalcouncil@cahuilla.net 
Cahuilla Band ofIndians 

52701 CA-Highway 371 Anza, California 92539 

(2) Analytical method selection, validation, and verification must ensure that 

the testing method used is appropriate (fit for purpose), and that the 

laboratory can successfully perform the testing; 

(3) The demonstration of testing validity must ensure consistent, accurate 

analytical performance; 

(4) Method performance specifications must ensure analytical tests are 

sufficiently sensitive for the purposes of the detectability requirements of 

these Regulations; and 

(5) An effective disposal procedure for hemp plants that are produced that do 

not meet the requirements ofthese Regulations. 

(6) Sample preparation of pre- or post-harvest samples shall require grinding of 

sample to ensure homogeneity ofplant material prior to testing. 

(c) Measurement ofuncertainty must be estimated and reported with test results. Laboratories 

shall use appropriate, validated methods and procedures for all testing activities and 

evaluate measurement ofuncertainty. 

(d) Any test ofa representative sample resulting in higher than the acceptable hemp THC level 

shall be conclusive evidence that the lot represented by the sample is not in compliance 

with this Plan. All harvested material from a lot found to be non-compliant must be 

segregated from other harvested lots and, all leafand floral material from that lot must be 

destroyed or remediated pursuant to Article V ofthis Plan. Lots tested and not certified by 

the DEA-registered lab at or below the acceptable hemp THC level may not be further 

handled, processed, or enter the stream of commerce. 

(e) The Tribe shall ensure that laboratories performing testing under this Plan shall report the 

test results for all samples tested to USDA. The test results report shall contain the 

following information for each sample tested: 

(1) Producer's license or authorization identifier. 

(2) Name ofproducer. 

(3) Business address of producer. 

(4) Lot identification number for the sample. 

(5) Name and DEA registration number oflaboratory. 

Phone (951) 763-5549 Fax (951) 763-2808 

Email: Tribalcouncil@cahuilla.net 
Cahuilla Band ofIndians 

52701 CA-Highway 371 Anza, California 92539 

(6) Date oftest and report. 

(7) Identification ofa retest. 

(8) Test result. 

ARTICI,E Y 

Disposal or Remediation of Non-Compliant Material 

(a) The licensee will destroy or remediate, at its own cost, any hemp from the harvest of a lot 

determined not to be in compliance with this Plan, hemp located in an area that is not 

licensed under this Plan, or hemp that is not properly accounted for in required reporting to 

the Tribe or the USDA. 

(b) Non-compliant hemp plants may be remediated by separating and destroying noncompliant flowers, while retaining stalks, leaves, and seeds. 

(c) Non-compliant hemp plants may be remediated by shredding the entire hemp plant to 

create biomass. All flowers, buds, trichomes, leaves, stalks, seed, and all plant parts from a 

lot should be chopped or shredded in such a way as to create a homogenous, uniform blend 

ofthe lot called biomass. Lots should be kept separate and not be combined during this 

process. 

(d) Remediated hemp material shall be resampled and retested to ensure THC concentration 

below the acceptable hemp THC level before it may enter the stream ofcommerce. Any 

biomass that tests above the acceptable THC concentration level is non-compliant hemp 

and must be destroyed. 

(e) So long as the method chosen is in compliance with the Controlled Substances Act and 

DEA regulations, the Tribe may use any method to ensure destruction of non-compliant 

hemp including, but not limited to, performing any one or combination ofthe following onfarm activities: plowing under, mulching/composting, disking, bush mowing, deep burial, 

and burning. 

(f) The Tribe shall provide for in-person verification ofthe successful disposal or remediation 

ofnon-compliant hemp. Alternately, the Tribe may allow, at its sole discretion, licensees 

to provide proofofsuccessful disposal or remediation through pictures, videos, or other 

means. 

ARTICLE YI 

Phone (951) 763-5549 Fax (951) 763-2808 

Email: Tribalcouncil@cahuilla.net 
Cahuilla Band ofIndians 

52701 CA-Highway 371 Anza, California 92539 

Corrective Action Plans 

(a) Licensees found to have a negligent violation as defined in§ 601 ofthe Hemp 

Ordinance will be subject to a corrective action plan. The Tribe will consider the entire 

harvest from a distinct lot in detennining whether a licensee has negligently violated the 

acceptable hemp THC level pursuant to § 601(d)(3) ofthe Hemp Ordinance. Ifan 

individual or entity produces hemp without a license, this will be considered one 

violation per season of unauthorized production. 

(b) Ifthe Tribe determines that a negligent violation has occurred, the Tribe will issue a 

Notice ofViolation. This Notice ofViolation will include a corrective action plan, 

which shall include, at a minimum: 

(I) A reasonable date by which the hemp licensee shall correct the negligent 

violation; 

(2) Steps to correct each negligent violation; and 

(3) A requirement that the licensee shall periodically report to the Tribe on 

compliance with this Plan for a period of not less than the next two calendar 

years from the date ofthe negligent violation. 

(c) The Tribe must conduct inspections to determine ifcorrective action plans have been 

implemented as issued. Ifa subsequent violation occurs while a corrective action plan is in 

place, the Tribe shall issue a new corrective action plan with a heightened level ofquality 

control, staff training, and quantifiable action measures. 

ARTICLE VII 

Additional Provisions 

(a) Tribal regulation ofhemp on the Reservation is necessary to protect the health, security, 

and general welfare ofthe Tribe and its members. In order to further these goals, the 

Tribe has adopted this Plan which shall be liberally construed to fulfill the purposes for 

which it has been adopted. 

(b) The regulations and penalties imposed by this Plan extend to any person within the Tribe's 

jurisdiction, whether a licensee or not. 

(c) Nothing in this Plan shall be construed to limit the jurisdiction ofthe Tribe, and nothing 

herein shall limit or constitute a waiver ofthe sovereign immunity ofthe Tribe or its 

officers, instrumentalities, employees, elected officials, and agents, or authorize any form 

ofprospective waiver of such sovereign immunity. 

Phone (951) 763-5549 Fax (951) 763-2808 

Email: Tribalcouncil@cahuilla.net 
Cahuilla Band ofIndians 

52701 CA-Highway 371 Anza, California 92539 

(d) In the event that any phrase, provision, part, paragraph, subsection, or section ofthis Plan is 

found by a court ofcompetent jurisdiction to violate the laws ofthe Tribe or any federal 

law, such phrase, provision, part, paragraph, subsection or section shall be considered to 

stand alone and be deleted from this Plan. The entirety ofthe balance ofthis Plan shall 

remain in full and binding force and effect. 

ARTICLE VIII 

Certification 

The Cahuilla Band ofIndians hereby certifies that it has the resources and personnel required to 

carry out its responsibilities under this Plan. 

Submitted for USDA Approval this ~p'= q , 2021. 

~~ ~~,-)~

Daniel Salgado Sr. 

Tribal Council Chairman 

Cahuilla Band ofIndians 

Phone (951) 763-5549 Fax (951) 763-2808 

Email: Tribalcouncil@cabuiUa.net 
APPENDIX A 

CAHUILLA BAND OF INDIANS 

INDUSTRIAL HEMP ORDINANCE 

Chapter 1. Definitions 

Sec. 101. Findings and Purpose. 

(a) The Agriculture Improvement Act of 2018, Pub. L. 115-334, also known as the 

2018 Farm Bill, authorizes tribes to assume primary regulation of the production and 

processing of hemp in their territories, subject to United States Department of Agriculture 

regulations and tribal law. 

(b) The General Council finds that the authorization of hemp production and 

processing on the Cahuilla Indian Reservation will promote economic growth and the 

development of tribal land and agriculture capacity. 

(c) The General Council finds that the production of hemp must be regulated 

consistent with federal law and with the promotion of the public health and welfare on 

the Cahuilla Indian Reservation. 

Sec. 102. Definitions. 

(a) “Acceptable hemp THC level” means a reported delta-9 tetrahydrocannabinol 

(“THC”) content concentration level on a dry weight basis with a measurement of 

uncertainty that produces a distribution or range that includes 0.3% or less. For example, 

if the reported delta-9 THC content concentration level on a dry weight basis is .35% and 

the measurement of uncertainty is +/- 0.06%, the measured delta-9 THC content 

concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41%. 

Because 0.3% is within the distribution or range, the sample is within the acceptable 

hemp THC level. 

(b) “Certified seed” means seed that is recognized by the Commission as having been 

certified by a recognized organization as producing industrial hemp containing no more 

than 0.3% THC on a dry-weight basis. 

(c) “Commission” means the Hemp Commission of the Cahuilla Band of Indians 

responsible for the administration and enforcement of this Ordinance. 

(d) “Industrial hemp” or “hemp” means the plant Cannabis sativa L. and any part of that 

1 
plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, 

acids, salts, and salts of isomers, whether growing or not, with a delta-9 

tetrahydrocannabinol concentration on a dry weight basis of not more than the acceptable 

hemp THC level. 

(e) “Key participant” means a person with executive managerial control, such as a chief 

executive officer, chief operating officer, and chief financial officer. This definition does 

not include non-executive managers such as farm, field, or shift managers or a member of 

leadership of the Tribal government acting in their capacity as Tribal leader. 

(f) “Licensee” means a person or entity that has been issued a hemp license by the 

Commission pursuant to this Ordinance. 

(g) “Reservation” means the Cahuilla Indian Reservation. 

(h) “Tribe” means the Cahuilla Band of Indians. 

Chapter 2. Hemp Commission 

Sec. 201. Establishment of Hemp Commission. 

(a) There shall be established the Hemp Commission comprised of a minimum of three 

Commissioners appointed by the General Council. To be eligible for appointment as a 

Commissioner, a person must satisfy the following minimum qualifications: (i) a high 

school or GED diploma, (ii) three years of business, government administration or 

regulatory experience, (iii) must not have been convicted of a felony, and (iv) must not 

have a personal interest in an entity engaged in the hemp industry as described in Section 

201(c) below. The Tribal Council may establish additional qualifications. The Tribal 

Council shall cause a background investigation to be conducted on a person considered 

for appointment as a Commissioner. In order to stagger the terms, the initial term of one 

Commissioner will be two years, the initial term of a second Commissioner will be three 

years, and the initial term of the third Commissioner will be four years. Thereafter, each 

Commissioner shall serve a term of four years and until a successor is appointed. The 

General Council may remove a Commissioner with or without cause prior to the end of 

the Commissioner’s four-year term. 

(b) The Commission shall be responsible for the administration and enforcement of this 

Ordinance, including: 

(1) Reviewing applications and issuing licenses regarding growing and handling 

industrial hemp on the Reservation; 

2 
(2) Conducting (or causing to be conducted) the sampling, testing, and 

inspection of industrial hemp plants, fields, and industrial hemp handling 

facilities, including places where industrial hemp is grown, stored or handled; 

(3) Conducting (or causing to be conducted) record audits of industrial hemp 

Licensees; 

(4) Promulgating regulations and issuing forms consistent with this Ordinance 

that are subject to the approval of the Tribal Council; 

(5) Advising the Tribal Council and General Council and making 

recommendations pertaining to industrial hemp growth and handling, the 

enforcement of this Ordinance, and annual budgets required to accomplish the 

purposes of this Ordinance; 

(6) Setting an application fee for industrial hemp licenses; and 

(7) Providing a periodic report, no less than annually, to the Tribal Council on 

the Commission’s activities in implementing this Ordinance. 

(c) Each Commissioner may not have or voluntarily acquire during his or her term any 

personal interest, as hereinafter defined, whether direct or indirect, in any entity engaged 

in the hemp industry, including producing, cultivating, handling, processing, or storing 

hemp on the Reservation. For purposes of this Section, “personal interest” shall mean 

private ownership or participation in the operation of any entity engaged in the hemp 

industry on the Reservation. Employment by any entity owned by the Tribe, its agencies, 

institutions or by any other person having such an interest, or deriving per capita 

economic benefit from an entity on the same basis as all other adult members of the Tribe 

shall not be deemed a prohibited personal interest. 

(d) The Commission shall fulfill its duties under this Ordinance in accordance with 

bylaws approved by the Tribal Council. 

Chapter 3. Authorization of Industrial Hemp under Tribal law 

Sec. 301. Authorization. 

(a) The Tribe has determined that the growing and production of cannabis, including 

synthetic manufacturing, on the Reservation, except as approved by the Tribe, is a 

detriment to the health, welfare, and economic security of the Tribe and its members. 

3 
(b) Any person or entity producing or intending to produce hemp on the Reservation 

must have a valid license issued by the Commission pursuant to this Ordinance prior to 

producing, cultivating, handling, processing, or storing hemp on the Reservation. A valid 

license means the license is unexpired, unsuspended, and unrevoked. Any person who 

does not hold a valid license from the Commission shall not produce, cultivate, handle, 

process, or store hemp on the Reservation. 

(c) No person or entity shall be eligible to receive a hemp license pursuant to this 

Ordinance except a Tribal corporation wholly-owned by the Tribe or a person or entity 

holding a lease of tribal land approved by the Secretary of Interior under 25 U.S.C. § 415 

or by the Tribe pursuant to authority under 25 U.S.C. § 415(h). 

(d) A license under this Ordinance shall be site-specific, and shall authorize industrial 

hemp production only at the locations specified in the license application and approved 

by the Commission. 

(e) The Commission shall have the authority to place any conditions the Commission 

deems prudent or necessary on the issuance of a license pursuant to this Ordinance. 

(f) The Commission shall have the right to deny a license for any reason. 

(g) An application for an industrial hemp license must include: 

(1) the name, address, phone number, email address, and, if the applicant is a 

business entity, the employment identification number (EIN) of the applicant; 

(2) the name, address, phone number and email address of key participants in 

the entity applying for the license; 

(3) if the applicant intends to use the services of any person or entity as a 

contractor for growing or handling the industrial hemp, the name, address, phone 

number and email address of the contractor and, if the contractor is an entity, the 

key participants in entity; 

(4) a legal description, the global positioning system (GPS) coordinates if 

practicable, and a map of the land where the applicant seeks to grow or store the 

hemp, or both; 

(5) the acreage dedicated to the production of industrial hemp, or greenhouse 

or indoor space square footage dedicated to the production of industrial hemp; 

4 
(6) proof that the applicant has the legal authority to use the fields for which 

the application is sought; and 

(7) written consent from each person or entity listed in response to 

subsections (1) – (3) of this Section 201(g) to criminal background checks, along 

with each such person’s (i) full name, (ii) social security number, (iii) any and all 

other names used and addresses resided at for the past ten (10) years, and 

(iv) certification by each such person that they have not been convicted of any 

drug-related state, federal, or tribal felony within the last 10 years, unless that 

person was growing hemp lawfully under the 2014 Farm Bill before December 

20, 2018, and whose conviction also occurred before that date.. 

(h) The Commission may impose a fee to cover the cost of licensing, administration, 

regulation, background checks, or other related costs. A license application shall not be 

complete until the full amount of the licensing fee has been remitted to the Commission. 

Chapter 4. Licensing and Renewal 

Sec. 401. Licensing. 

(a) Upon receipt of an application to grow or handle industrial hemp, the Commission 

will cause to be conducted a criminal background investigation regarding federal, state 

and tribal convictions with respect to each person for whom a criminal background 

investigation is required. 

(b) No application shall be granted if the applicant, or if the applicant is an entity, any 

key participant, has been convicted of a drug-related state, federal, or tribal felony within 

the last 10 years, unless that key participant was growing hemp lawfully under the 2014 

Farm Bill before December 20, 2018, and whose conviction also occurred before that 

date.

(c) No application shall be granted if the application is incomplete, if an applicant has 

submitted any false or misleading statement on the application, or if the applicant has 

failed to demonstrate to the satisfaction of the Commission that it will comply with the 

provisions of this Ordinance and the conditions of licensure, and will ensure the integrity 

of the hemp crop at all times. 

(d) If an application meets the requirements of this Ordinance, the Commission may, in 

the Commission’s discretion, grant a license to the applicant. Any license granted under 

this Ordinance shall be issued a number consistent with USDA format for license 

numbers and shall state on its face that “This license is granted under Tribal law, and the 

5 
granting of this license is not intended as a guarantee regarding the potential application 

or enforcement of federal or state laws with respect to the licensee or any person doing 

business with the licensee. The licensee remains fully responsible for compliance with 

any federal or state laws regarding industrial hemp to the extent those laws are 

applicable, and the Tribe shall not be responsible for any non-compliance by the licensee 

or others with respect to such other laws.” 

(e) Licenses may not be transferred to any other person or entity. 

(f) Unless provided otherwise on a license issued by the Commission, licenses are valid 

for the calendar year in which they are issued and expire on December 31 of each year. 

(g) Licenses may be renewed annually, provided that all information provided on the 

original application must be updated for any license renewal, and the renewal request 

must meet all the requirements of this Ordinance. The Commission may impose a license 

renewal fee. 

Chapter 5. Continuing Obligations of Licensees 

Sec. 501. Record-Keeping and Reporting. 

(a) Licensed growers shall keep records of the following: (1) name and address of 

supplier of certified seed; (2) the amount of seed received; and (3) the date the seed was 

received. All licensees must also keep records of all production of industrial hemp and of 

all test results, including test results regarding tests performed on the licensee’s behalf. 

All records shall be maintained by licensees for at least three (3) years, and shall be 

maintained at the licensee’s principal place of business on the Reservation. All records 

shall be made available for inspection by the Tribe’s inspectors, auditors, or their 

representatives during reasonable business hours. 

(b) Licensees must immediately notify the Commission of any loss or theft of industrial 

hemp or industrial hemp seed. 

(c) Within ten (10) days, a licensee must notify the Commission of a change of the 

licensee’s address. 

(d) Licensed growers must notify the Commission of an intent to change the location of 

the land area on which the licensee conducts industrial hemp cultivation, storage or both, 

by submitting an updated legal description, GPS coordinates, and map specifying the 

proposed alteration. Upon receipt of the notice of intent to alter the land area, the 

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Commission will notify the licensee whether it may cultivate or store industrial hemp on 

the altered land area. 

(e) Within thirty (30) days of an intended harvest, licensed growers must notify the 

Commission of the harvest date to provide the Commission with time to cause test 

samples to be taken prior to harvest. 

(f) All reports and records required to be submitted to the Commission or USDA 

pursuant hereto which include confidential data or business information, including but 

not limited to information constituting a trade secret or disclosing a trade position, 

financial condition, or business operations of the licensee or its customers, shall be 

received by, and at all times kept in the custody and control of, one or more employees of 

the Tribe or USDA or their representatives. Confidential data or business information 

may be shared with applicable federal, state, tribal, or local law enforcement or their 

designee in compliance with the Agricultural Marketing Act of 1946, as amended. 

Sec. 502. Access and Testing. 

(a) All industrial hemp grown on the Reservation shall be subject to testing for THC 

levels using sampling and testing methods and procedures established by the Commission 

and included as conditions of a hemp license. Hemp crops may not be harvested prior to 

samples being taken. 

(b) The Commission shall be authorized to enter and shall be provided unrestricted 

access to industrial hemp fields or handling facilities in order to inspect and take a 

representative sample of the crop without notice at any time, including during the 

growing, harvesting, and processing phases. 

(c) The Commission shall provide a copy of all hemp test results to the licensee. 

(d) If test results show that a representative sample of a hemp lot contains more than the 

acceptable hemp THC level, the Commission shall cause all leaf and floral material from 

that lot to be destroyed. 

Chapter 6. Violations, Sanctions for Noncompliance 

Sec. 601. Violations; Penalties 

(a) Except as authorized by this Ordinance, it is unlawful for any person to cultivate, 

grow, handle, manufacture, distribute, or possess with the intent to cultivate, grow, 

handle, manufacture, or distribute, industrial hemp. 

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(b) A licensee that commits a negligent violation of this Ordinance shall be subject to a 

corrective action plan, but shall not as a result of that violation be subject to any criminal 

enforcement action. 

(c) Any person who commits three negligent violations of this Ordinance or any USDAapproved state, tribal, or federal hemp plan in a five-year period shall be ineligible to 

receive a license or grow, handle, transport, produce, or sell industrial hemp under this 

Ordinance for a period of 5 years beginning on the date of the third violation, provided 

that a maximum of one negligent violation per growing season shall apply toward this 

eligibility bar. 

(d) “Negligent violation of this Ordinance” means: 

(1) Failure to provide a legal description of the land on which a producer 

produces hemp; 

(2) Failure to obtain a license or other required authorization under this 

Ordinance; 

(3) Production of cannabis with a delta-9 tetrahydrocannabinol content 

concentration level on a dry weight basis exceeding the acceptable hemp 

THC level. Hemp producers do not commit a negligent violation under 

this paragraph (d)(3) if they make reasonable efforts to grow hemp and the 

cannabis (marijuana) does not have a delta–9 tetrahydrocannabinol 

concentration of more than one percent on a dry weight basis.; or 

(4) Any other violation of this Ordinance or the terms and conditions of a 

licensee’s hemp license with a culpable mental state of negligence. 

(e) If the Commission determines that a person has violated Tribal law related to hemp 

with a culpable mental state greater than negligence, the Commission shall immediately 

report the person to the U.S. Attorney General and the chief law enforcement officer 

authorized by the Tribe to respond to such matters, if applicable. 

(f) In addition to the penalties provided for in subsections (b)-(e) of this section, the 

Commission may revoke or suspend a license of a licensee that: 

(1) violates any provision of this Ordinance or the terms and conditions of the 

hemp license; 

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(2) engages in fraud or deception when applying for a license or submits false 

information on a license application; or 

(3) fails to cooperate with a Tribal official, auditor, or other authorized 

representative seeking to conduct an inspection or investigation, obtain a 

representative sample, or audit records pursuant to this Ordinance and the 

terms or conditions of the hemp license. 

(g) The Commission shall cause any hemp grown or products produced in violation of 

this Ordinance to be destroyed. The cost of disposal and clean-up shall be levied 

against any person or entity that violates this Ordinance. 

(h) The Commission may deny a license application or suspend or revoke a license 

pursuant to Sections 401 or 601(f) or order the destruction of hemp or hemp products 

pursuant to Section 601(g) after providing the licensee or other person subject to 

such action written notice of the basis for such action and the opportunity to request 

a hearing before the Commission to challenge such action, provided such request is 

made within ten business days of the notice of the proposed action. If the 

Commission receives no timely request for a hearing, the proposed action shall 

become effective and final. Upon receipt of a timely request, the Commission shall 

schedule a hearing. At a hearing pursuant this Section 601(h), the applicant, licensee 

or affected person shall have the opportunity to appear and present arguments and 

information to the Commission and inquire into the basis for the proposed action. 

Following a hearing the Commission shall issue a written decision on the matter, and 

the decision shall be final. 

Chapter 7. Miscellaneous 

Sec. 701. Sovereign Immunity. 

Nothing in this Ordinance is intended to waive the sovereign immunity of the Tribe, its 

officers, employees, or agents, and this Ordinance shall not be so construed. In executing 

the provisions of this Ordinance, tribal officers, employees, and agents are acting in their 

official capacities in the exercise of the Tribe's inherent authority to protect and regulate 

the use of Reservation lands and provide for the public welfare on the Reservation; thus, 

any action against any of them would directly impact the Tribe's ability to exercise its 

sovereign powers, and they are cloaked with the Tribe's immunity from suit. 

Sec. 702. Repealer. 

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If any provision of this Ordinance conflicts with any other applicable law, code, 

ordinance, rule or regulation, the provisions of this Ordinance shall prevail, and to that 

extent, any conflicting provision of another applicable law, code, ordinance, rule or 

regulation hereby is repealed. 

Sec. 703. Severability. 

If any provision of this Ordinance, or its application to any person or entity, is held to be 

invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be 

affected and shall remain in full force and effect. 

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