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COLORADO RIVER INDIAN TRIBES HEMP CODE

CHAPTER 1. GENERAL PROVISIONS

Section 1.101. Authority. 

1. This code is enacted under the inherent sovereign authority of the Tribe and pursuant to 

Articles VI of the Constitution of the Colorado River Indian Tribes (hereinafter “CRIT” 

or the “Tribes”) and Article V of the CRIT Bylaws. 

2. This code is further enacted pursuant to Agricultural Improvement Act of 2018, Pub. L. 

115-334, December 20, 2018, 132 Stat. 4490 (“Farm Bill”) and the Interim Final Rule 

(“IFR”) for the establishment of a domestic hemp production program issued by the U.S. 

Department of Agriculture (“USDA”) on October 29, 2019.

Section 1.102. Policy and Purpose.

1. The Colorado River Indian Tribes (hereinafter “CRIT” or the “Tribes”) finds that Hemp

is a valuable agricultural crop and commodity and that through proper regulation, Hemp 

can be put to its highest and best use. CRIT further finds that Hemp production can provide 

jobs and revenue for essential governmental programs and services in the long-term 

benefit of the Tribes and its members.

2. The Tribe further finds that tribal regulation of the possession, cultivation, processing 

and distribution of Hemp on tribal land is necessary to protect the health, security, and 

general welfare of the Tribal community. In furtherance of the Tribe’s inherent 

authority and the regulatory objectives set forth under the Farm Bill and the IFR, the 

Tribe finds that persons engaged in commercial dealings, leases, licenses, easements, 

right-of-way, or other arrangements or activities related to Hemp within the exterior 

boundaries of the reservation have voluntarily and explicitly consented to the 

jurisdiction of the Tribe and are subject to regulation by the Tribe.

3. The purpose of this Hemp code (the “code”) is to: 

1. Promote the production of Hemp on tribal land and the development of new 

commercial markets for Tribal enterprises through the sale of Hemp products;

2. Establish a regulatory framework for Tribal Hemp production which maximizes

opportunities for the growth of the Hemp industry on tribal land consistent with 

tribal and federal law;

3. Enable the Tribes, its licensees, and affiliated institutions of higher education, to 

conduct research regarding the production of Hemp on tribal land; and

4. Ensure that Hemp production on tribal land causes minimal impacts to the 

environment, human health and safety, and is consistent with tribal laws and 

customs.
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Section 1.103. Scope.

1. This code shall govern the licensing of hemp production, cultivation, processing,

distribution and research of Hemp on tribal land, and serves as the “tribal plan” 

described in the Agricultural Improvement Act of 2018, Pub. L. 115-334, December 20, 

2018, 132 Stat. 4490 (“Farm Bill”).

2. Nothing in this code shall be deemed to be in positive conflict with the Controlled 

Substances Act, 21 U.S.C. ch. 13 § 801 et seq.

3. The regulations and penalties imposed by this code extend to any person engaged in 

activities related in any way, directly or indirectly, to Hemp production on tribal land, 

whether licensed or not.

4. In order to further these goals, this code shall be liberally construed to fulfill the 

purposes for which it has been adopted.

Section 1.104. Definitions.

1. “Acceptable Hemp THC level” refers to the interpretation of laboratory test results for 

delta-9 tetrahydrocannabinol content concentration level applying measurements for 

uncertainty as provided for in the IFR. When a laboratory tests a sample pursuant to this 

code, it must report the delta-9 tetrahydrocannabinol content concentration level on a dry 

weight basis and the measurement of uncertainty. The Acceptable Hemp THC level for 

the purpose of compliance with this code and applicable State and Federal law is when 

the application of the measurement of uncertainty to the reported delta-9 

tetrahydrocannabinol content concentration level on a dry weight basis produces a 

distribution or range that includes 0.3% or less. For example, if the reported delta-9 

tetrahydrocannabinol content concentration level on a dry weight basis is 0.35% and the 

measurement of uncertainty is +/– 0.06%, the measured delta-9 tetrahydrocannabinol 

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 for the purpose of plan compliance with this code and 

applicable State and Federal law.

2. “Agency” means the CRIT Hemp Agency.

3. “Applicant” means a person, or a person who is authorized to sign for a business entity, 

who submits an application to participate in the Hemp program.

4. “Code” refers to this Hemp code.

5. “Commercial sales” means the sale of a product in the stream of commerce at retail or at 

wholesale, including sales on the internet.

6. “Consumable product” means a Hemp product intended for human or animal 
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consumption.

7. “Cultivate” means to plant, water, grow, or harvest a plant or crop.

8. “Farm Bill” refers to the Agriculture Improvement Act of 2018, Pub.L. 115-334 (Dec. 

20, 2018).

9. “Director” means the Director of the Agency.

10. “GPS” means global positioning system.

11. “Grow site” means a contiguous lot, parcel, or tract of land registered with the Tribes on 

which a Hemp grower cultivates Hemp. A grow site may include land and buildings that 

are not used to cultivate Hemp.

12. “Harvest Lot” means a quantity of Hemp, of the same variety, harvested in a distinct 

timeframe that is: (1) Cultivated in one contiguous production area within a grow site; or 

(2) cultivated in a portion or portions of one contiguous production area within a grow 

site. Harvest lot does not include a quantity of Hemp comprised of Hemp grown in 

noncontiguous production areas.

13. “Harvest Lot Identifier” means a unique identifier used by the Tribes to identify the 

harvest lot.

14. “Hemp” means the plant Cannabis sativa L. and any part of that 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 of 

not more than 0.3 percent on a dry weight basis.

15. “Hemp crop” means one (1) or more unprocessed Hemp plants or plant parts.

16. “Hemp grower” means a person licensed by the Tribes to cultivate Hemp on tribal land.

17. “Hemp ingredient” means all derivatives, extracts, cannabinoids, isomers, acids, salts, 

and salts of isomers of any part of the Hemp plant included in the definition of “Hemp.”

18. “Hemp product” means a finished product with an Acceptable Hemp THC level, that is 

derived from, or made by, processing a Hemp crop, and that is prepared in a form 

available for commercial sale. The term includes, but is not limited to cosmetics, 

personal care products, consumable products, cloth, cordage, fiber, fuel, paint, paper, 

particleboard, plastics, and any product containing one or more Hemp ingredients such 

as cannabidiol.

19. “Hemp program” means the Hemp production program carried out under this Hemp 

code.

20. “IFR” means the Interim Final Rule for the establishment of a domestic hemp production 
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program issued by the U.S. Department of Agriculture (“USDA”) on October 29, 2019.

21. “Institution of higher education” has the meaning assigned to it by 20 U.S.C. § 1001 and 

shall expressly include tribal institutions.

22. “Intended for consumption” means intended for a human or animal to ingest, inhale, 

topically apply to the skin or hair, or otherwise absorb into the body.

23. “Person” means a natural person, corporation, foundation, organization, business trust, 

estate, limited liability company, licensed corporation, trust, partnership, limited liability

partnership, association, or other form of legal business entity, including CRIT farms, as 

well as a state or local government entity.

24. “Process” means to convert any portion of a Hemp crop into a Hemp ingredient, Hemp 

product, or other marketable form.

25. “Reservation” means all territory within the original confines of the Colorado River 

Indian Reservation boundaries as established and approved by the act of March 3, 1865, 

and lands added thereto by Executive Order of November 22, 1873; Executive Order of 

November 16, 1874; Executive Order of May 15, 1876; and Executive Order of 

November 22, 1915, in Arizona and California and to which title has been given by Act 

of the Congress of the United States, Public Law 88-302, of April 30, 1964, and any 

other lands in which the Colorado River Indian Tribes acquire ownership, management, 

use or occupancy by virtue of purchase, gift, Act of Congress or otherwise.

26. “Tribal Council” means the Colorado River Indian Tribal Council.

27. “Tribal land” means all lands subject to the Tribes’ jurisdiction, including but not limited 

to any land on the Reservation to which the United States holds legal title in trust for the 

Tribes, or for any particular Indian; or owned by a particular Indian or by the Tribes 

subject to a restriction against alienation imposed by the United States.

28. “Tribes” means the Colorado River Indian Tribes.

29. “THC” means tetrahydrocannabinol and has the same meaning as delta-9

tetrahydrocannabinol.

30. “Variety” means a group of plants or an individual plant that exhibits distinctive 

observable physical characteristic(s) or has a distinct genetic composition.

Section 1.105. Compliance with Tribal and Federal Law.

Nothing in this code authorizes any person to violate any tribal or federal law or regulation.

Section 1.106. Exemption from Prosecution for Certain Acts.

No employee of a Hemp grower shall be subject to prosecution or civil penalty in Tribal Court
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for cultivation, production, or distribution of Hemp in accordance with this code and federal 

law.

CHAPTER 2. HEMP PROGRAM

Section 1.201. General.

1. Any Person engaging in activities related to Hemp within the Tribes’ jurisdiction, 

including, but not limited to, growing, processing, handling, transporting, or storing

Hemp, shall only do so pursuant to a valid license issued under this code.

2. All persons conducting or engaged in activities related to Hemp on tribal land shall 

abide by the license requirements provided for under the Tribes’ business and 

professions code. 

3. Nothing in this code limits, modifies, or waives the need for a person to obtain all 

licenses and licenses required by applicable law to operate a business on the 

Reservation, including but not limited to compliance with building and safety 

regulations, health and safety regulations, leasing and land use laws and environmental 

laws. The issuance of a license under this code shall not be deemed or construed as a 

certification of a Person’s compliance with other applicable regulations or laws. 

Additional licenses and licenses may be necessary before a person may lawfully 

cultivate Hemp. It is the responsibility of the person obtaining a license under this code 

to comply with other applicable laws and regulations. The Agency may, as appropriate 

and feasible, assist persons in identifying the necessary additional licenses or licenses 

required. 

4. Notwithstanding any rule or regulation to the contrary, the inclusion of Hemp as an 

ingredient in a consumable product shall not by itself render the product misbranded or 

adulterated.

5. No person shall have an expectation of privacy with respect to any location or site that is

a grow site. Hemp growers, whether present or not, shall grant the Tribes, their 

representatives, law enforcement officials, and federal authorities, access to the grow 

sites for inspection and sampling, without cause and without advanced notice.

Section 1.202. Establishment of the CRIT Hemp Agency

1. The Tribes hereby establish the CRIT Hemp Agency (the “Agency”), which is delegated 

the authority to oversee the regulation of Hemp production under this code. The Agency 

shall have all the powers necessary and proper to carry out the purposes set forth in this 

code. The Agency shall at a minimum: 

i) Provide prospective applicants with information necessary to submit a complete 

application;

ii) Upon review and verification of information contained in a license application, 
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recommend the approval or denial of license applications to Tribal Council;

iii) Obtain the assistance of CRIT Law Enforcement Services, DEA-approved 

laboratories, agricultural or environmental consultants or other third-parties as 

necessary to properly regulate Hemp production under this code;

iv) Enforce license requirements and conditions and promptly report any violations 

to Tribal Council and tribal prosecutors;

v) Develop policies, procedures, protocols and forms necessary to carry out this 

code;

vi) Ensure that the Hemp program is in compliance with all mandatory reporting 

requirements outlined under the Farm Bill, the IFR, and other applicable federal 

law; and

vii) Provide a written report to Tribal Council, at least annually, on Hemp production 

occurring pursuant to this code, including the amount of land under cultivation, a 

profile of licensees, revenue generated by Hemp production, any violations of 

this code or other tribal law related to Hemp production currently under 

investigation, and any resources necessary to expand Hemp production and to 

improve regulation of Hemp production on tribal land.

2. CRIT Hemp Agency Director. The Agency shall be managed and directed by the CRIT 

Hemp Agency Director (“Director”) who shall be appointed by the Tribal Council. The 

Gaming Director shall be an at-will employee, answerable to and subject to the direction 

of the Tribal Council.

3. Duties and Authority of the Director. The Director shall manage, administer, supervise 

and direct the affairs of the Agency. In furtherance of these duties, the Director’s 

authority shall include:

i) to make all management decisions concerning the day-to-day operations of the 

Agency, or to delegate such decisions to a manager or managers to perform such 

day-to-day operating management; however, in the event of such delegation, the 

Director will maintain responsibility for supervising and directing the activities 

of such manager(s) in the exercise of his or her duties;

ii) to hire qualified personnel and staff to perform the duties of the Agency, and to 

draw upon the professional legal and accounting resources of the Tribes for 

consultation and assistance, where appropriate;

iii) to develop necessary policies, procedures, protocols, and forms necessary to 

carry out this code;

iv) make determinations as the approval or denial of licenses, enforce license 

requirements and conditions, and promptly report any violations to Tribal 
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Council and tribal prosecutors; and

v) ensure that the Hemp program complies with all reporting requirements provided 

for under this code and applicable federal law.

4. Appointment and qualifications of the Director. The Director shall be appointed by the 

Tribal Council and must meet the following minimum standards of eligibility:

i) A satisfactory background check showing no felony convictions;

ii) A bachelor's degree from an accredited college or university and ten (10) years of 

professional work experience, provided that a Tribal representative may have 

eight (8) years of professional work experience in lieu of a degree and the 

aforesaid professional work experience. The degree or work experience shall be 

in relevant areas, such as agriculture, governance, accounting, business, policy 

interpretation and/or investigation. However, it shall be in the sole discretion of 

the Tribal Council to determine what areas of expertise are appropriate for 

appointment as Director. Advanced degrees and certifications, such as Certified 

Public Accountant, Juris Doctorate, and Master of Business Administration are 

helpful, but not required; 

iii) Demonstrated experience in reviewing and interpreting laws, regulations, 

policies and procedures; 

iv) Demonstrated knowledge of federal Indian law;

v) Strong interpersonal, verbal and written communication skills; and 

5. Funding. The Tribal Council shall fund the Agency on an annual basis from its 

General Fund at a level sufficient to support its execution of its duties and 

obligations set forth herein. If the Agency needs a budget modification during a 

fiscal year, it shall make its request to Tribal Council.

Section 1.203. Licensing.

1. License Application.

i) Any person producing or intending to produce Hemp on tribal lands must have a 

valid license prior to producing, cultivating, or storing Hemp. A valid license 

means the license is unexpired, unsuspended, and unrevoked.

ii) Any person desiring to cultivate Hemp anywhere on tribal land shall submit to 

the Agency a completed Hemp grower license application at least 90 days prior 

to planting. The license application shall contain the following information.

a. The full name, residential address, telephone number, and email address
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(if available) of the applicant;

b. If the applicant represents a business entity, the full legal entity name of 

the business, the principal business location address, documentation that 

the business is in compliance with the Tribes’ Business and Professions 

Code, the full name and title of the key participants, the employer 

identification number (“EIN”) of the business, and the email address (if 

available) of the applicant;

c. Documentation showing a valid tenancy, ownership or other legal interest 

in the proposed property, and that the property and applicant are 

otherwise in compliance with the Tribes’ land code.

d. Street address (if possible), legal description and geospatial location for 

each field, greenhouse, building, or site where Hemp will be grown, 

handled, processed or stored.

e. A business plan and operations plan that includes at a minimum the 

following:

(1) The proposed acreage or greenhouse or indoor square footage to 

be planted or used for processing.

(2) A description of the type of facility proposed and the anticipated 

or actual number of employees and the name of the proposed 

manager of the facility.

(3) A description of the intended output (i.e., raw Hemp or some 

Hemp product), and if the business intends to manufacture Hemp 

product(s), a description of the proposed Hemp products and the 

intended market for the products;

(4) A security plan which shall identify a system for accounting for 

Hemp plants, security systems(s) and lighting plan showing the 

outside lighting, and current centrally alarmed and monitored 

security system service agreements;

(5) A list of pesticides, herbicides, and other potentially hazardous 

materials proposed for use and proposed precautions for applying, 

handling and storing the materials.

(6) A description and plan of all equipment and methods that will be 

employed to stop any noxious effects and/or impacts to adjacent 

uses, including assurances that minimal to no odor will be

detected from outside the grow site.

(7) A plan for the disposal of Hemp and related byproducts.
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(8) Source of seeds or propagules.

(9) A statement of previous farming and business expertise or 

experience.

f. Proof of general liability insurance and any other insurance obtained by 

the applicant.

g. Completed criminal background check report(s) for all key participants of 

the applicant confirming that all key participants to be covered by the 

license have not been convicted of a felony, under state or federal law, 

relating to a controlled substance within the past ten (10) years, dated 

within sixty (60) days prior to the application submission date. Applicants 

shall submit fingerprints and pay criminal background check fees directly 

to CRIT Law Enforcement Services to obtain a criminal history 

background check report; and

h. Payment of an application fee as set forth below;

i. A grow site registration application; and

j. Any other information, disclosure or consent required by tribal law or 

policy issued pursuant to this code or by federal regulation.

2. Grow Site Registration. As a component of the Hemp grower license application, each 

applicant shall submit a grow site registration application on a form provided by the 

Tribes for each proposed grow site. Information submitted to the Tribes must include, at 

a minimum:

i) The street address (if possible), legal description and geospatial location of each 

field, greenhouse, building, or site where Hemp will be cultivated.

ii) If Hemp is cultivated or is intended to be cultivated in a field:

a. the geospatial location of the grow site provided in decimal of degrees

and taken at the approximate center of the grow site;

b. the number of square feet or acres of each grow site; and

c. a map of the production area showing clear boundaries of the grow site.

iii) If Hemp is cultivated or is intended to be cultivated in a greenhouse or other 

building:

a. the GPS coordinates provided in decimal of degrees and taken at the

approximate entrance of the greenhouse or other building
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composing the grow site;

b. the approximate dimension or square feet of the greenhouse or other

building composing the grow site; and

c. a map of the production area showing clear boundaries of the grow 

site.

iv) Any other information required by the Agency.

3. Acknowledgement of Terms. By submitting an application, the applicant acknowledges 

and agrees to the following minimum terms and conditions, which shall be expressly 

contained in licenses issued by the Tribal Council:

i) any information provided to the Tribal Council or another entity or 

instrumentality of the Tribes may be provided to law enforcement agencies

without further notice to the applicant;

ii) the applicant or Hemp grower shall allow and fully cooperate with any inspection 

and sampling of Hemp or Hemp products that the Tribes deems necessary;

iii) the applicant or Hemp grower shall pay for any inspection and laboratory 

analysis costs that the Tribes deem necessary within thirty (30) days of the date 

of the invoice, provided that the Hemp grower shall not be required to pay for 

more than one (1) tribal inspection and associated laboratory analysis costs per 

year unless the applicant or Hemp grower is alleged to have violated the license 

or this code;

iv) the applicant or Hemp grower shall submit all required reports by the applicable 

due-date specified by the Agency;

v) The applicant or Hemp grower will comply with applicable laws rules and 

regulations, including but not limited to, this code, tribal law, and federal law;

vi) The applicant consents to all of the licensing terms and conditions listed in the 

license;

vii) The applicant consents to the jurisdiction of the Tribe;

4. License Application Processing.

i) Upon submission of an application, the Agency shall verify that the information 

in the application is accurate and complete, including one pre-licensing 

inspection of the grow site. Verification by the Agency shall occur within 

twenty-one (21) days of submission of the application. The Agency shall notify 

applicants that their application is complete or specify information that remains 

to be submitted.
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ii) Upon verification of the information in the application, applications shall be 

reviewed for compliance with code and any other applicable law within thirty 

(30) days. 

iii) The Agency shall submit their written recommendation to grant or deny the 

license to Tribal Council within seven (7) days.

iv) Tribal Council shall make the final determination as to whether to approve or 

deny a license application within fourteen (14) days of receipt of the 

recommendation. The Agency shall notify applicants that the license has been 

granted or denied by certified mail and assign the successful applicant a license 

number. 

v) Applicants may appeal the denial of a license according to the procedure set forth 

in Section 1.307 below.

5. The notice that a license has been approved shall contain the following minimum 

information: 

i) The contact information required for license applications contained in Section 

1.203(1)(ii).

ii) The hemp grower’s license identification provided in a format compatible with 

the USDA’s information sharing system.

iii) Any conditions or restrictions on the license.

iv) The date of expiration of the license. 

v) The dates of scheduled sampling(s) and inspection(s).

vi) The date for submission of an application to renew the license. 

vii) Any other information deemed appropriate by the Agency.

6. All licenses shall be valid for three (3) years from the date of issuance, unless otherwise 

extended or revoked at an earlier date pursuant to this code or other tribal law or 

regulation.

7. Licenses cannot be assigned or transferred to another Person, unless first approved by

the Director in writing.

8. License Conditions.

i) The Tribe may add conditions and/or provisions to licenses at any time, 

including but not limited to: 
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a. Conditions for protection of the soil and water quality; 

b. Conditions restricting water use or irrigation; 

c. Conditions governing the disposal of plants and equipment related to 

Hemp production; 

d. Conditions providing for quality assurance of Hemp cultivated;

e. Conditions protecting workers health and safety;

f. Provisions that ensure the security of the Hemp production operation;

g. Provisions to ensure that records are effectively maintained; and

h. Provisions governing the THC-testing of Hemp crops.

ii) The Tribes must notify the Hemp grower of conditions added to the license after 

the license has issued in writing, must specify the time for compliance with the 

conditions and must verify confirmation of receipt by the Hemp grower. 

iii) Contesting license conditions. 

a. License conditions may be contested as impracticable or unnecessary for 

compliance with tribal or federal law. 

b. A Hemp grower may petition for review of a license condition by Tribal 

Council under the procedure set forth in Section 1.307.

9. License Modifications. A license modification is required if there is any change to the 

information submitted in the application including, but not limited to, sale of a business, 

the production, handling, or storage of Hemp in a new location, or a change in the key 

participants producing under a license.

10. Renewal. Licenses may be renewed annually or as otherwise determined by the Tribes 

by submitting a renewal application to the Agency no later than ninety (90) days prior to 

the date of the license expiration. At a minimum, the renewal application shall require 

the Applicant to provide updated information regarding the grow site registration, 

address and contact information, any citations of the applicant for violations of Hemp 

production licenses or tribal law and any changes to the applicant’s eligibility under 

Section 1.204.

11. Revocation. The Tribes shall immediately revoke the license of a Hemp grower if the 

Hemp grower:

i) Pleads guilty to, or is convicted of, any felony related to a controlled substance;
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ii) Made any materially false statement with regard to their license application with 

a culpable mental state greater than negligence; or

iii) Is found to be growing cannabis exceeding the Acceptable Hemp THC level with 

a culpable mental state greater than negligence or negligently violated this code 

three times in five years.

Section 1.204. Persons Ineligible for Licenses.

1. Any person convicted of a felony relating to a controlled substance under state or federal 

law shall be ineligible to produce Hemp under the Hemp program during the ten (10) 

year period following the date of the conviction, unless that person was already lawfully 

growing Hemp under the 2014 Farm Bill before December 20, 2018 and if the

conviction also occurred before December 20, 2018. 

2. A Hemp grower that negligently violates this code or other State or Tribal plan or the 

USDA plan three (3) times in a five (5) year period shall be ineligible to participate in 

the Hemp program for a period of five (5) years beginning on the date of the third 

violation.

3. Any person found to have materially falsified any information contained in an 

application for a hemp license shall be permanently ineligible for a license.

Section 1.205. Fees.

1. In addition to submitting a Hemp grower license application or renewal application, each 

applicant shall submit the application fee set by Agency.

2. The Tribes may set and collect additional fees, including testing fees, in amounts that are 

reasonable and necessary to cover the costs of administering and enforcing the Tribes’

Hemp program.

3. Application fees shall not cover or include the cost of obtaining and submitting a 

criminal background check report.

4. The Tribe may waive the application fee for tribal enterprises or enterprises which are 

majority owned by a CRIT tribal member.

Section 1.206. Inspections.

1. The Tribe shall conduct scheduled inspections of all Hemp growers and grow sites, at 

least once per growing season. The purpose of these inspections is to verify compliance 

with all requirements and conditions of the license issued, as well as with applicable 

tribal and federal law. Inspection may include sampling by tribal inspectors for testing of

Hemp products THC levels or any other purpose. In addition to scheduled inspections, 

the Tribes shall have authority to conduct random inspections of all Hemp growers and 
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all grow sites.

2. Random inspections may be conducted at any time. Inspectors shall be granted 

unrestricted access to the grow site(s).

3. The Tribe shall complete a report for all inspections. Any reports noting violations of the 

license, this code, or other applicable tribal or federal law shall be submitted to Tribal 

Council within forty-eight (48) hours for review. 

4. All samples collected by the Tribes shall become the property of the Tribes and no 

compensation shall be owed by the Tribes for such samples.

5. The Tribes shall maintain a record of test results for all Hemp products tested for a 

minimum of three (3) years.

Section 1.207. Land Use Restrictions and Site Modification.

1. A Hemp grower shall not cultivate Hemp on any site not listed in a valid grow site

registration approved by the Tribes.

2. Any Hemp grower that wishes to alter its grow site shall, before altering the grow site, 

submit to the Agency an updated legal description, geospatial location, and map 

specifying the proposed alterations on a form determined by the Agency. Modification 

of the grow site shall be considered a proposed modification of the license. No 

modifications to the grow site may be made without prior written approval from the 

Tribes.

3. No grow site may be included in more than one (1) grow site registration at the same 

time, and no Hemp plant shall be included in more than one (1) grow site registration 

simultaneously.

Section 1.208. Transportation Requirements.

1. The Hemp grower or other person responsible for the transportation of a Hemp crop or 

Hemp product must ensure that the following documentation accompanies the Hemp

crop or Hemp product at all times during transport:

i) a copy of the license that corresponds to the grow site from which the Hemp 

originated;

ii) a copy of the pre-harvest test results that corresponds to the harvest lot in transit 

as identified by the harvest lot identifier that accompanies the Hemp;

iii) a copy of a transport manifest that includes all information required to be 

documented by the Tribes;

iv) the transportation log; and
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v) any other documentation that may be required by the Agency or federal 

regulations.

2. To ensure the security of the Hemp crop or Hemp products:

i) The Hemp grower or employee thereof shall remain in the presence of and shall

maintain control of the Hemp crops or products at all times.

ii) At least two people shall be present to transport Hemp crops or products to 

ensure their security.

iii) The Hemp grower shall take any other precautions specified by tribal or federal 

law, regulations or policy.

3. The two people transporting the Hemp crop or product shall certify transport and 

delivery on the same day that the Hemp crops or products are transported and delivered.

CHAPTER 3. COMPLIANCE AND ENFORCEMENT

Section 1.301. General.

1. Upon written or oral request of the Tribe, Hemp growers shall provide the Tribes’

inspector immediate and unrestricted access to all plants, parts, and seeds within a grow 

site, whether growing or harvested, and all land, buildings and other structures used for

the cultivation of Hemp, and all documents and records pertaining to the Hemp grower’s

Hemp business.

Section 1.302. Required Recordkeeping and Reporting.

1. Tribal Recordkeeping and Reporting:

i) The Agency shall retain for a period of at least three (3) calendar years, all 

information required to be collected in Chapter 2 of this code for every grow site

approved by the Tribes.

ii) Hemp Grower Report. The Agency shall submit to the USDA, by the first of 

each month, a report providing the contact information and the status of the 

license or other authorization issued for each Hemp grower under this code. If 

the first of the month falls on a weekend or holiday, the report shall be submitted

by the first business day following the first of the month. The report shall 

contain:

a. For each new Hemp grower who is an individual and is licensed or 

authorized under this code, the report shall include the individual’s:

i) full name;
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ii) license identification number;

iii) business address;

iv) telephone number;

v) email address (if available); and

vi) a legal description of the land on which the Hemp grower is 

producing or intends to produce Hemp including, to the extent 

practicable, its geospatial location.

b. For each new Hemp grower that is an entity and is licensed or 

authorized under this code, the report shall include the entity’s:

i) full name;

ii) license identification number;

iii) principal business location address business address;

iv) the full name, title, and email address (if available) of each 

employee for whom the entity is required to submit a criminal 

history record report; and

v) a legal description of the land on which the Hemp grower is 

producing or intends to produce Hemp including, to the extent 

practicable, its geospatial location.

c. for each Hemp grower that was included in a previous report and 

whose reported information has changes, the report shall include the 

previously reported information and the new information; 

d. the status of a license or other required authorization from the

Tribes including any changes to that status.

e. the period covered by the report; and

f. indication that there were no changes during the current reporting 

cycle, if applicable.

iii) Hemp Disposal Report. If a Hemp grower has produced cannabis exceeding the 

Acceptable Hemp THC level, the cannabis shall be disposed of in accordance

with Section 1.304. The Agency shall submit to the USDA, by the first of each 

month, a report notifying the USDA of any occurrence of non-conforming plants

or plant material and providing a disposal record of those plans and materials. If 
17

the first of the month falls on a weekend or holiday, the report shall be submitted 

by the first business day following the first of the month. The report shall 

contain:

a. Name and address of the Hemp grower.

b. The Hemp grower’s license or authorization identifier.

c. Location information, such as lot number, location type, and geospatial

location or other location descriptor for the production area subject to 

disposal.

d. Information on the agent handling the disposal.

e. Disposal completion date; and

f. Total acreage.

iv) Annual Report. The Agency shall submit an annual report to USDA. The report 

shall be submitted by December 15 of each year and contain the following 

information:

a. Total planted acreage;

b. Total harvested acreage; and

c. Total acreage disposed.

2. Hemp Grower Recordkeeping and Reporting:

i) Hemp growers must report any changes of contact information to the Tribes in 

writing within fourteen (14) days of the change.

ii) Planting Report: Within fourteen (14) days after planting any Hemp, each Hemp 

grower shall submit, on a form provided by the Agency, a planting report that 

includes the GPS coordinates and a map showing the location and actual acreage 

or square feet of Hemp planted.

iii) Pre-Harvest Notification: At least fourteen (14) days prior to harvest, each Hemp 

grower shall submit a pre-harvest notification, on a form provided by the 

Agency, that includes the projected harvest date(s) and location(s) of each variety 

of Hemp cultivated within a grow site. A Hemp grower must notify the Agency

immediately of any changes in the reported harvest date(s) in excess of seven (7) 

days.

iv) Post-Harvest Report: Within fourteen (14) days post-harvest, each Hemp grower 

shall submit a Post-harvest report to the Agency, on a form provided by the 
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Agency that includes the actual harvest date(s) and location(s) of each variety of 

Hemp harvested within a grow site. A Hemp grower is not required to document 

the removal of male Hemp plants on a post-harvest report provided that the male 

Hemp plants are destroyed or utilized on the grow site and are not transferred or 

sold.

v) Test Results Report: Each Hemp grower must ensure that the DEA-registered

laboratory that conducts the test of the sample(s) from its grow site reports the 

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

the following information for each sample tested:

a. Hemp grower’s license identification number; 

b. Name of Hemp grower;

c. Business address of Hemp grower;

d. Lot identification number for the sample;

e. Name and DEA registration number of laboratory;

f. Date of test and report;

g. Identification of a retest; and

h. Test result.

vi) Reporting Hemp Crop Acreage to the USDA Farm Service Agency. All Hemp 

growers must report Hemp crop acreage to the USDA Farm Service Agency 

(“FSA”) pursuant to USDA guidelines and shall provide, at minimum, the 

following information:

a. Street address and geospatial location of the grow site;

b. Acreage dedicated to the production of Hemp, or greenhouse or indoor 

square footage dedicated to the production of hemp; and

c. License identification number.

vii) Transportation Log. Hemp growers must maintain a transportation log 

documenting each occurrence when Hemp crops are transported whenever to or 

from a grow site. The transportation log shall contain the following information:

a. dates and times of transportation and delivery of Hemp crops and 

products, the names of individuals transporting, the manager on duty, any 

loss or damage to the crop during transport or delivery, and certification 

of the recipient of the Hemp crop or product as well as the manager of the 
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recipient.

b. Transportation logs shall be kept up to date daily and shall be maintained 

for a period of three (3) years from the last growing season. The Tribes

may inspect the transportation log at any time. 

c. The Hemp grower shall give the Tribe access to the transportation log at 

any time upon request.

viii) A Hemp grower must retain all documentation of sampling and testing for at 

least three (3) years in a manner such that it can be readily provided to the Tribes

upon request.

ix) The applicant or Hemp grower must report to the Tribes any felony convictions 

relating to controlled substances under state, federal, or tribal law within five (5) 

business days of receiving notice of such conviction.

x) Upon revocation of a license or dissolution of a Hemp grower, the Hemp grower 

is required either to maintain a copy of all licenses, sampling and testing results 

and transportation logs in a secure location, the address for which is provided to 

the Agency for a period of three (3) years or provide them to the Agency.

Section 1.303 Grow Site Sampling and Testing for THC-level.

1. Prior to Harvest:

i) Within fifteen (15) days of the anticipated harvest of cannabis plants, all Hemp 

growers must arrange for and ensure that an Agency official or representative 

collects samples from the flower material of such cannabis plants for THC-level 

testing at a DEA-registered laboratory.

ii) The method used for sampling from the flower material of the cannabis plant 

shall be sufficient at a confidence level of 95 percent that no more than one 

percent (1%) of the plants in the grow site would exceed the Acceptable Hemp 

THC level. The method used for sampling must ensure that a representative 

sample is collected that represents homogeneous composition of the grow site.

iii) During a scheduled sample collection, the Hemp grower or an authorized 

representative of the Hemp grower shall be present at the grow site.

iv) Representatives or officials of the sampling agency shall be provided with 

complete and unrestricted access during business hours to all Hemp and other 

cannabis plants, whether growing or harvested, and all land, buildings, and other 

structures used for the cultivation handling, and storage of all hemp and other 

cannabis plants, and all locations listed in the producer license.

v) Hemp growers shall not harvest the cannabis crop prior to samples being taken.
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vi) For each sample tested pursuant to this chapter, the Hemp grower shall obtain

from a laboratory a certificate of analysis that includes, at a minimum, the

following information:

a. General information identifying that the Hemp that is the subject of the 

certificate of analysis is the product of a sample tested by the independent 

testing laboratory;

b. The date the Hemp was sampled, the date testing was performed, and 

methodology used to analyze the sample;

c. The THC concentration contained in the test sample; and

d. A statement indicating whether the sample contained a THC 

concentration of not more than the Acceptable Hemp THC level.

2. Standards Detecting THC Concentration Levels: 

i) Analytical testing for purposes of detecting the THC concentration levels in the 

flower material of the cannabis plant shall meet the following standard:

a. Laboratory quality assurance must ensure the validity and reliability of 

test results;

b. 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;

c. The demonstration of testing validity must ensure consistent, accurate 

analytical performance; and

d. Method performance specifications must ensure analytical tests are 

sufficiently sensitive for the purposes of the detectability requirements of 

Section 1.303(1)(ii).

ii) At a minimum, analytical testing of samples for THC concentration levels must 

use post-decarboxylation or other similarly reliable methods approved by the 

USDA. The testing methodology must consider the potential conversion of delta9 tetrahydrocannabinolic acid (THCA) in hemp into delta-9 tetrahydrocannabinol

(THC) and the test result reflect the total available THC derived from the sum of

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

of this paragraph include, but are not limited to, gas or liquid chromatography 

with detection.

iii) The total THC concentration level shall be determined and reported on a dry 

weight basis. Additionally, measurement of uncertainty must be estimated and 
21

reported with test results. Laboratories shall use appropriate, validated methods 

and procedures for all testing activities and evaluate measurement of uncertainty.

vi) Any sample test result exceeding the Acceptable Hemp THC level shall be

conclusive evidence that the grow site represented by the sample is not in

compliance.

3. Responsibility to Harvest After Testing.

i) Hemp growers shall harvest Hemp crops not more than fifteen (15) days 

following the date of sample collection.

ii) If a Hemp grower fails to complete harvest within fifteen (15) days of sample 

collection, a secondary pre-harvested sample of the lot shall be required to be 

submitted for testing.

iii) Harvested lots of Hemp plants shall not be commingled with other harvested lots 

or other material without prior written permission Agency.

iv) Hemp crops that meet Acceptable Hemp THC level may enter the stream of 

commerce.

v) Grow sites tested and not certified by the DEA-registered laboratory not 

exceeding the Acceptable Hemp THC level may not be further handled, 

processed, or enter the stream of commerce and the licensee shall ensure the lot 

is disposed of in accordance with Section 1.304. Any Hemp grower may request 

additional testing if it is believed that the original THC concentration level test 

results were in error.

Section 1.304. Procedure for Disposal of Noncompliant Plants and Products. 

1. Cannabis plants testing higher than the Acceptable Hemp THC level constitute marijuana, 

a schedule I controlled substance under the Controlled Substances Ac (“CSA”), 21 U.S.C

§ 801 et. seq. and must be disposed of in accordance with tribal law, the CSA, and DEA 

Regulations found at 21 CFR § 1317.15.

2. Hemp growers must notify the Agency of their intent to dispose of non-conforming plants 

and verify disposal by submitting appropriate documentation and evidence to the Agency, 

including:

This documentation and evidence shall include:

a. Name and address of the Hemp grower;

b. The Hemp grower’s license or authorization identifier;

c. Location information, such as lot number, location type, and geospatial
22

location or other location descriptor for the production area subject to disposal;

d. Information on the agent handling the disposal;

e. Disposal completion date; and

f. Total acreage.

The Agency shall submit to the USDA, by the first of each month, a report notifying the USDA 

of any occurrence of non-conforming plants or plant material and providing a disposal record 

of those plans and materials, in accordance with Section 1.302(1)(iii).

Section 1.305. Violations.

1. A violation of this Chapter shall be subject to enforcement in accordance with this section, 

tribal law, and all applicable federal, state and local laws, regulations, rules and other

requirements.

2. Negligent Violation:

i) A Hemp grower shall be subject to penalties if the Tribes determine that the 

Hemp grower has negligently violated the requirements or conditions of its 

license or this code, including by negligently:

a. providing an incomplete or inaccurate description of land on which 

the Hemp grower cultivates Hemp;

b. failing to obtain a license or other required authorization from the

Tribes as applicable; and

c. producing Cannabis sativa L. with a THC concentration of more

than the Acceptable Hemp THC level. Except a Hemp grower shall

not have committed a negligent violation under this paragraph if 

they make reasonable efforts to grow Hemp and the resulting 

cannabis product has a THC concentration of more than the 

Acceptable Hemp THC level but does not have a THC 

concentration of more than 0.5 percent on a dry weight basis.

ii) A Hemp grower described in this section shall comply with a corrective action 

plan established by the Agency to correct the negligent violation, including:

a. a reasonable date by which the Hemp grower shall correct the

negligent violation; and

b. a requirement that the Hemp grower shall periodically report to the

Agency on the compliance of the Hemp grower with this code for a

period of not less than the next two (2) calendar years.
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iii) A Hemp grower that negligently violates this code shall not, as a result of that 

violation, be subject to any criminal enforcement action by the federal 

government or any state government, tribal government, or local government.

iv) A Hemp grower that negligently violates this code three (3) times in a five (5) 

year period shall be ineligible to produce Hemp under the Hemp program for a 

period of five (5) years beginning on the date of the third violation.

v) The Agency shall conduct periodic inspections to determine if corrective action 

plans put in place by the Agency to correct negligent violations have been 

implemented as submitted.

3. Other Violations:

i) If the Tribes determine that a Hemp grower on tribal land has violated this code

with a culpable mental state greater than negligence, the Hemp grower may be 

subject to penalties under tribal law as well as federal, state or local laws, and the 

Tribes shall immediately report the Hemp grower to:

a. the Chief of Police for CRIT Law Enforcement Services; and

b. the United States Attorney General.

ii) Section 1-305(2) shall not apply to such violations.

Section 1.306. Penalties and Remedies.

1. Negligent Violations.

i) Every person found to have negligently violated this code shall be subject to 

punishment by a fine of not more than one thousand dollars ($1,000.00). 

ii) Each day during which any such violation shall continue after the Tribes have 

given written or oral notice to the person in violation, shall constitute a separate 

violation, punishable as herein provided.

iii) A Hemp grower described in this Section shall comply with a corrective action 

plan established by the Tribes to correct the negligent violation as provided for in 

Section 1.305 above.

2. Other Violations.

i) In accordance with Section 1-305(3), all persons found to have violated this 

code with a culpable mental state greater than negligence shall be immediately 

reported to the Chief of Police for CRIT Law Enforcement Services and the 

United States Attorney General.
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ii) Every person found to have violated this code with a culpable mental state 

greater than negligence shall be punished by a fine of ($2,000.00), the amount of 

tribal property harmed or destroyed, the extent of liability incurred by the Tribes 

as a result of the violation, or whichever is greatest.

iii) Each day during which any such violation shall continue after the Tribes have 

given written or oral notice to the person in violation, shall constitute a separate 

violation, punishable as herein provided.

iv) Every person found to have violated the provisions of this code with a culpable 

mental state greater than negligence shall forfeit any licenses under this code and 

shall be ineligible to obtain a license under this code for a period of ten (10) 

years.

v) The Tribes retain the authority to bring suit against any person to enjoin any 

activity relating to Hemp production in violation of a license or this code, other 

tribal, state or federal law, and to collect any delinquent fees, interest or penalties 

in any court of competent jurisdiction. The court may award interest, costs, and 

attorney’s fees on any judgment.

vi) This section shall not be construed to authorize the imposition of any criminal

penalty against any person who, because of his status as a non-Indian or 

otherwise, pursuant to federal law is not subject to the imposition of criminal 

penalties by the Tribes.

Section 1.307. Appeals.

1. Denial, suspension or revocation of a license may be appealed to the Tribal Court within 

twenty (20) days. The Hemp grower or applicant is responsible for paying all costs 

associated with an appeal.

2. The Tribal Court shall review the appeal at a hearing at which the Hemp grower, the 

Tribe and any other necessary party is present and consistent with the Court’s Rules of 

Civil or Criminal Procedure.

3. The Tribal Court may affirm the denial, suspension or revocation of a license based upon 

a finding that a decision of the Agency or Tribal Council was arbitrary, capricious or an 

abuse of discretion; not supported by substantial evidence in the record; or otherwise not 

in accordance with the law or upon any other basis permitted under tribal law.

4. The Tribal Court may not assess damages or costs against the Tribes, any tribal entity or 

any of their subsidiaries.

5. For the limited purpose of Section 1.307 only, the Tribes waive their immunity from 

suit.
25

CHAPTER 4. OTHER PROVISIONS

Section 1.401. Sovereign Immunity.

Nothing in this code, or an arbitration, a contract or other agreement, or any action or inaction 

relating to, directly or indirectly, tribal hemp, shall constitute a waiver, in whole or in part, of 

the sovereign immunity of the Tribes, any tribal entity, or any of their subsidiaries, 

departments, affiliates, agents, officers or employees, beyond the terms of any express limited 

waiver agreed to therein.

Section 1.402. Severability.

If any section, provision, phrase, addition, word, sentence or amendment of this article or its 

application to any Person is held invalid for any reason whatsoever, such invalidity shall not 

affect other provisions or applications of this article that can be given effect without the invalid 

applications and to that end, the provisions of this code are declared severable.

Section 1.403. Effective Date.

This code shall be effective immediately upon enactment.