CHAIRMAN TRIBAL COUNCIL MEMBERS 

Harold C. Frazier 

DISTRICT 1 

SECRETARY Bernita In The Woods 

EvAnn White Feather Bryce In The Woods 

TREASURER DISTRICT 2 

Benita Clark Theodore Knife; Jr. 

VICE-CHAIRMAN DISTRICT 3 

Bernita In The Woods Edward Widow 

John C. Kessler 

DISTRICT4 

James L. Pearman 

P.O. B.ox 590 Vincent T. Dupris 

Eagle Butte, South Dakota 57625 Merrie Miller 

Phone: (605) 964-4155 

Fax: (605) 964-4151 

Mark J; Knight 

DISTRICT 5 

Ryman LeBeau 

TRIBAL MEMORANDUM Robert "Bob" Walters 

Randel J. "RJ" Lawrence 

Derek Bartlett 

DATE 517/20 DISTRICT& 

Tuffy Thompson 

TO SUPERINTENDENT, Cheyenne River Agency ~ Wade Tater Ward 

FROM Ev Ann White Feather, Tribal Secrets~ 

SUBJECT: Resolution No. 113-2020-CR: That the Cheyenne River Sioux Tribal Council hereby 

enacts and adppts the annexed Cheyenne River Sioux Tribe Hemp Plan in order to 

exercise primary jurisdiction over the licensing and· production of. hemp on the 

Cheyenne River Sioux Tribe in accordance with the 2018 Farm Bill, as codified at 7 

U.S.C. Sec. 1639, and with the implementing Interim Final Rule, codified at 7 C.F.R. 

Part 990 and in accordance with 7 CFR Part 990., Subpart B, Sec. 990.3 (a)(8), the 

Cheyenne River Sioux Tribal Council hereby certifies that the Cheyenne .River Sioux 

Tribe. has the resources and personnel to carry out the practices and procedures 

described and set forth in paragraphs (a)(1) through (a)(7) of 7 CFR Sec. 990.3 and 

that the Cheyenne River Sioux Tribe shall update and amend the Hemp Plan as 

necessary to address developing circumstances, including changes in Federal law 

and/or regulations, and if required by applicable Federal law shall resubmit such 

amended Hemp Plan ,to the USDA for approval and contains the provision. 

**************************************************************************************************"'*************** 

Transmitted herewith are an original and two (2) copies of Resolution No. 113-2020-CR which was 

duly adopted by the Cheyenne River Sioux Tribal Council during its Regular Session held on May 8, 

2020. 

Cc: Chairman 

Treasurer 

Administrative Officer 

Tribal Comptroller 

Central Records 

Legal Department 

Committee Secretary 

District Officers (6) 

File/2 

The blue represents .the thunderclouds above the world where live the thunder birds who control the four winds. The rainbow is for the Cheyenne River 

Sioux people who are keepers of the Most Sacred Calf Pipe, a gift from the White Buffalo Calf Maiden. The eagle feathers at th e edges of the rim of the 

world represent the spotted eagle who is the protector of all Lakota. The two pipes fused together are for unity. One pipe is for the Lakota, the other for 

all the other Indian Nations. The yellow hoops represent the Sacred Hoop, which shall not be broken. The Sacred Calf Pipe Bu ndle in red represents 

Wakan Tanka - The Great Mystery. All the colors of the Lakota are visible. The red, yellow, black and white represent the fo ur major races. The blue is 

for heaven and the green for Mother Earth. 
RESOLU.TION NO. 113-2020.;CR 

WHEREAS, the Cheyenne River Sioux Tribe of South Dakota is an unincorporated Tribe of 

Indians, having accepted the provisions of the Act of June 18, 1934 [48 Stat. 

984]; and 

WHEREAS, the Tribe, in order to establish its Tribal organization, to conserve its Tribal 

property, to develop its common resources, and to promote the general welfare 

of its people, has ordained and established a Constitution and By-Laws; and 

WHEREAS, pursuant to the Cheyenne River Sioux Tribal Constitution and By-Laws, the 

Cheyenne River Sioux Tribal Council is the governing body of the Cheyenne 

River Sioux Tribe and is vested with the authority to govern its territory, provide 

law enforcement, administer justice, and maintain public safety, promote 

agriculture and economic development, safeguard and promote the general 

welfare of the Tribe and its members; and 

WHEREAS, Hemp was a traditional agricultural crop in the United States historically, was 

grown by George Washington for fiber and rope, was .promoted by the United 

States among Indian tribes in the mid-19th Century, and was grown legally in 

the United States until the enactment of the Marijuana Act in the 1930s, and 

later, with the enactment of the Controlled Substances Act, the DEA took the 

position that Hemp was prohibited by that Act; and 

WHEREAS, in the 2018 Farm Bill, Congress authorized States and Indian tribes to exercise 

primary regulatory jurisdiction over the cultivation of hemp through the 

enactment of requisite regulations, subject to the approval of the United States 

Department of Agriculture (USDA); and 

WHEREAS; on October 31, 2019, the USDA issued an Interim Final Rule (IFR), entitled, 

"E$tablishment of a Domestic Hemp Production Program" (published in the 

Federal Register, Vol. 84, No. 211, pgs 58522-58564), which sets forth 

provisions under which the USDA will approve plans submitted by States and 

Indian tribes for the domestic production of Hemp, including: 

(i) provisions for maintaining information on land where Hemp is produced; 

(ii) testing levels of the delta-9 tetrahydocannabinol; 

(iii) disposal of plants not meeting the requisite IFR requirements; 

(iv) licensing requirements; 

(v) measures to ensure compliance with provisions in the IFR; and 

WHEREAS, the IFR will remain in effect from October 31, 2019 through November 1, 2021; 

and 
• 

RESOLUTION NO. 113-2020-CR 

Page Two 

WHEREAS, the Cheyenne River Sioux Tribe seeks to promote the cultivation of Hemp on 

the Cheyenne River Sioux Reservation as an avenue for agricultural and 

economic development, and seeks to exercise primary jurisdiction over the 

regulation of hemp production on the Cheyenne River Sioux Reservation by the 

enactment of the annexed Cheyenne River Sioux Tribe Hemp Plan in 

accordance with 7 U.S.C. Sec. 1639, and with the IFR, codified at 7 C.F.R. Part 

990. 

THEREFORE BE IT RESOLVED, that the Cheyenne River Sioux Tribal Council hereby 

enacts and adopts the annexed Cheyenne River Sioux Tribe Hemp Plan in 

order to exercise primary jurisdiction over the licensing and production of hemp 

on the Cheyenne River Sioux Tribe in accordance with the 2018 Farm Bill, as 

codified at 7 U.S.C. Sec. 1639, and with the implementing Interim Final Rule, 

codified at 7 C.F.R. Part 990; and 

BE IT FURTHER RESOLVED, in accordance with 7 CFR Part 990, Subpart B, Sec. 990.3 

(a)(8), the Cheyenne River Sioux Tribal Council hereby certifies that the 

Cheyenne River Sioux Tribe has the resources and personnel to carry out the 

practices and procedures described and set forth in paragraphs (a)(1) through 

(a)(7) of 7 CFR Sec. 990.3; and 

BE IT FURTHER RESOLVED that the Cheyenne River Sioux Tribe shall update and amend 

the Hemp Plan as necessary to address developing circumstances, including 

changes in Federal law and/or regulations, and if required by applicable Federal 

law shall resubmit such amended Hemp Plan to the USDA for approval; and 

BE IT FINALLY RESOLVED, that nothing in this resolution diminishes, divest, alters, or 

otherwise affects any inherent, treaty, statutory or other rights of the Cheyenne 

River Sioux Tribe over the property or activities described herein. The 

Cheyenne River Sioux Tribe expressly retains all rights and authority over the 

property. and activities described herein, including but not limited to legislative, 

re.gulatory, adjudicatory, and taxing powers. 

CERTIFICATION 

I, the undersigned, as Secretary of the Cheyenne River Sioux Tribe, certify that the Tribal 

Council is composed of fifteen (15) members of whom 12, constituting a quorum, were 

present at a meeting duly and regularly called, noticed, convened and. held this 8th day of 

May, 2020, Regular Session; and that the foregoing resolution . was duly adopted at such 

meeting by·a roll call vote of 11 yes, 0 no, 1 abstaining and 3 absent. 

~=/~~~.£4 Ev Ann WhiteFeath r,Secretary 

Cheyenne River Sioux Tribe 
CHEYENNE RIVER SIOUX TRIBE 

HEMP REGULATIONS 

Enacted Pursuant to Tribal Law 

In Accordance with 7 U.S.C. Sec.1639 

Tribal Council approval on 5/8/20 
INTRODUCTION 

In the Agricultural Improvement Act of 2018 ("Farm Bill"), the federal government 

removed hemp from the list of controlled substances and directed the United States Department of 

Agriculture to make hemp growers eligible to participate in federal farm programs on an equal 

footing with other crops. The Fann Bill laid the groundwork for full-scale commercialization of 

hemp. 

The Fann Bill also recognized that tribes, not the federal government, can and should 

assume primary regulatory authority over hemp production within their jurisdictions. To assume 

that regulatory authority, the tribe must submit a hemp plan to the USDA under which the tribe 

monitors and regulates the production of hemp within its jurisdiction. 

The Hemp Plan must contain: 

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

produced in the territory of the Indian tribe, including a legal description of the land, for a period 

of not less than three (3) calendar years; 

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

methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the territory of 

the Indian tribe; 

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

produced in violation of the Fann 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 

of hemp producers to verify that hemp is not produced in violation of the Farm Bill; 

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

to the USDA not more than thirty (30) days after the date on which the information is received; 

and 

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

practices and procedures described above. 

To satisfy these requirements for a plan to assume primary regulatory authority over hemp, 

the Cheyenne River Sioux Tribe of the Cheyenne River Indian Reservation, South Dakota hereby 

enacts and adopts the following hemp regulations as tribal legislation. 

2 
ARTICLE I 

Defmitions 

1.1 For purposes of these Regulations, the following terms have the following meanings: 

(a) "Acceptable hemp THC level" means when a laboratory tests a sample, 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 

the requirements of the Tribe's hemp plan is when the application of the measurement of 

uncertainty to the reported delta-9 tetrahydrocannabinol con~ent 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. This definition of "acceptable hemp THC level" is not 

meant to affect either the statutory definition of hemp in the 2018 Farm Bill (codified at 7 U.S.C. 

§ 16390(1)) or the definition of "marihuana" in the Controlled Substances Act (codified at 21 

u.s.c. § 802(16)). 

(b) "Cannabis" means a genus of flowering plants in the family Cannabaceae of which 

Cannabis sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. 

Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration 

on a dry weight basis has not yet been determined. 

( c) "Conviction" means any plea of guilty or nolo contendere, or any finding of guilt, 

except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged. 

For purposes of these Regulations, a conviction is expunged when the conviction is removed from 

the individual's criminal history record and there are no legal disabilities or restrictions associated 

with the expunged conviction, other than the fact that the conviction may be used for sentencing 

purposes for subsequent convictions. In addition, where an individual is allowed to withdraw an 

original plea of guilty or nolo contendere and enter a plea of not guilty and the case is subsequently 

dismissed, the individual is no longer considered to have a conviction for purposes of these 

Regulations. 

( d) "Corrective action plan" means a plan established by the Tribe for a licensed hemp 

producer to correct a negligent violation or non-compliance with a hemp production plan and these 

Regulations. 

( e) "Cultivating or cultivation" means planting, growing, producing, and harvesting a 

plant or crop for market. 

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

(g) "Decarboxylated" means the completion of the chemical reaction that converts 

THC-acid ("THC-A") into delta-9-THC, the intoxicating component of cannabis. The 

3 
decarboxylated value is also calculated using a conversion formula that sums delta-9-THC and 

·eighty-seven and seven tenths (87.7)percent of THC-A. 

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

molecule or organic compound. 

(i) "Delta-9 tetrahydrocannabinol or THC" means the primary psychoactive 

component of cannabis. For these Regulations, delta-9-THC and THC are interchangeable. 

G) "Dry weight basis" means the ratio of the amount of moisture in a sample to the 

amount of dry solid in a sample. A basis for expressing the percentage of a chemical in a substance 

after removing the moisture from the substance. Percentage of THC on a dry weight basis means 

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

excluding moisture from the item. 

(k) "Gas chromatography or GC" means a type of chromatography in analytical 

chemistry used to separate, identify, and quantify each component in a mixture. GC relies on heat 

for separating and analyzing compounds that can be vaporized without decomposition. 

(1) "Geospatial location" means a location designated through a global· system of 

navigational satellites used to determine the precise ground position of a place or object. 

(m) "Handle or handling" means to harvest or store hemp plants or hemp plant parts 

prior to the delivery of such plants or plant parts for further processing. "Handle or handling" also 

includes the disposal of cannabis plants that are not hemp for purposes of chemical analysis and 

disposal of such plants. 

(n) "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 THC concentration of not more than 0.3 percent on.a dry 

weight basis. "Hemp" includes hemp products. 

( o) "Key participants" means a sole proprietor, a partner in partnership, or a person 

with executive managerial control in a corporation. A person with executive m~agerial control 

includes persons 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. 

(p) "Licensee" means an individual or business entity possessing a license issued by 

the Tribe to cultivate, handle, produce, or process hemp. 

(q) ''Negligence" means the failure to exercise the level of care that a reasonably 

prudent person would exercise in complying with these Regulations. 

(r) "Pesticide" means any substance or mixture of substances intended for preventing, 

destroying, repelling, or mitigating any pest or any substance or mixture of substances intended 

4 
for use as a plant regulator, defoliant, or desiccant. 

(s) "Phytocannabinoid" means cannabinoid chemical compounds found m the 

cannabis plant, two of which are delta-9 THC and cannabidiol ("CBD"). 

(t) "Plot or lot" means a contiguous area in a field, greenhouse, or indoor growing 

structure containing the same variety or strain of hemp throughout the area. 

(u) "Postdecarboxylation" means in the context of testing methodologies for THC 

concentration levels in hemp a value determined after the process of decarboxylation that 

determines the total potential delta-9 THC content derived from the sum of the THC and THC-A 

content and reported on a dry weight basis. The postdecarboxylation value of THC can be 

calculated by using a chromatograph technique using heat, gas chromatography, through which 

THC-A is 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 of THC can also be calculated 

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

requires a conversion calculation of that THC-A to calculate total potential THC in a given sample. 

(v) "Process" means converting an agricultural commodity into a market form. 

(w) "Produce or producing" means to grow hemp plants for market, or for cultivation 

for market, in the United States. 

(x) "Producer" means an owner, operator, landlord, tenant, or sharecropper, who shares 

in the risk of producing a crop and who is entitled to share in the crop available for marketing from 

the farm or would have shared had the crop been produced. A producer includes a grower of 

hybrid seed. 

(y) "Prohibited variety" means a variety or strain of hemp excluded from the 

Reservation. 

(z) "Reservation" means all lands within the exterior boundaries of the Cheyenne River 

Sioux Reservation located in South Dakota as well as other lands held in trust for the Tribe and/or 

Sioux tribal members outside of the exterior boundaries of the Reservation and additional lands as 

may be added thereto by statute or the Secretary of the Interior under 25 U.S.C. secs. 5108--5110. 

(aa) "Tribal Council" means the Tribal Council of the Cheyenne River Sioux Tribe as 

set forth in the Constitutfon and By-Laws of thereof, which is the governing body of the Tribe. 

(bb) "Tribe" means the federally recognized Cheyenne River Sioux Tribe and all notices 

and correspondence hereunder shall be provided to the Secretary of the Tribe. The Secretary may 

establish ancillary tribal regulations consistent with the Tribe's Hemp Plan and applicable Federal 

statutes. and regulations. 

(cc) "USDA" means the United States Department of Agriculture. 

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

5 
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; other characteristics from all other publicly lmown varieties, or other characteristics 

from all other publicly known varieties. 

1.2 Miscellaneous. 

Words or terms not specifically defined in these Regulations sh~l be given their ordinary 

definition or their statutory and/or regulatory definition, when applicable. 

ARTICLE II 

Testing and Sampling 

2.1 Annual. Inspections. 

The Tribe shall conduct annual inspections of, at a minimum, a random sample of hemp 

producers to verify that hemp "is not produced in violation of the Farm Bill or these Regulations. 

2.2 Selecting Samples for Testing. 

(a) The delta-9-THC content for hemp produced pursuant to these Regulations shall 

not exceed the acceptable hemp THC level. The Tribe will test all hemp produced by any licensee 

for THC compliance. The Tribe will inspect and sample 100% of all hemp lots to be harvested. 

(b) The method used for sampling from the flower material of the cannabis plant must 

be sufficient at a confidence level of 95% that no more than 1 % of the plants in the lot would 

exceed the acceptable hemp THC level. The method used for sampling must ensure that a 

representative sample is collected that represents a homogeneous composition of the lot. Samples 

of hemp plant material from one plot shall not be commingled with hemp plant material from other 

lots. 

2.3 Collection of Samples. 

(a) The hemp to be selected for sampling shall be determined by a representative of the 

Tribe. The Tribe shall collect, handle, and retain samples from each plot in accordance with these 

Regulations. All samples become the property of the Tribe and are non-returnable. The material 

selected for sampling will be determineq by the Tribe, not the producer. 

(b) A producer shall report in writing to the Tribe at least fifteen ( 15) days before an 

expected harvest date a crop is about to be harvested. The Tribe's receipt of a harvest notification 

triggers a site inspection and sample collection by a tribal inspector. 

(c) An inspector shall contact the producer to confirm the field's location and schedule 

a time for inspection and sample collection prior to harvest. During a scheduled sample collection, 

6 
the producer or an authorized representative of the producer shall be present at the growing site. 

( d) Tribal inspectors shall be provided with complete and unrestricted access to all 

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

other structures used for the cultivation, handling, producing, processing, or storage of hemp and 

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

(e) A separate sample must be taken from each non-contiguous plot of a given variety. 

A separate sample must be taken for each variety. Samples shall be secured in a paper bag (to 

allow for air-drying during transport). 

(f) Cuttings will be collected to make one representative sample: The tribal inspector 

shall clip the top 20 cm of the hemp plant's primary stem, including female floral material. The 

tribal inspector shall take ~uttings from at least five hemp plants within the plot and place the 

complete sample in a paper bag. The bag shall be sealed by folding over the top once and stapling 

the bag shut. The sample will be transported to the Tribe for drying and storage. 

(g) The tribal inspector shall label the sample container with a sample ID. The sample 

ID must include the last four numerical digits of the license number, date (MMDDYY), and a twodigit sequential sample number assigned by the inspector. 

(h) The sample shall be transported to the Tribe for storage in a secure area. The entire 

sample will be sent to the testing lab for analysis. 

(i) A producer shall not harvest any crop prior to samples being taken. The producer 

shall then harvest the crop not more than fifteen ( 15) days following the date of sample collection 

by the Tribe. If the producer fails to complete the harvest within fifteen (15) days of sample 

collection, a secondary sample of the lot shall be required to be submitted for testing. The cost of 

all testing shall be paid by the producer. 

G) Harvested lots of hemp 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 releases the material. 

(k) The licensee shall be notified within thirty (30) days of sampling of the status of 

the testing and eligibility of the harvested materials to leave the Reservation and/or move into 

market. Any producer may request additional testing at its cost if it is believed that the original 

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

2.4 Testing Procedures, 

(a) Testing shall be completed by a DEA-registered testing lab not affiliated with any 

producer on the Reservation. Test results will be reported to the Tribe and then to the licensee by 

the Tribe. 

7 
(b) The testing must be able to accurately identify whether the sample contains a delta9 THC content concentration level that exceeds the acceptable hemp THC level. The procedure 

must include a validated testing methodology that uses postde.carboxylation or other similarly 

reliable methods. The testing methodology must consider the potential conversion of THC-A in 

hemp into THC and the test result measures total available THC derived from the sum of the THC 

and THC-A content. Testing methodologies meeting the requirements of this Section include gas 

or liquid chromatography with detection. The total THC concentration level shall be determined 

and reported by a dry weight basis. 

( c) Any test of a 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 these Regulations. Plots 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. The producer shall ensure the lot is disposed of in accordance with these Regulations 

and with the Controlled Substances Act and DEA regulations. Producers must notify USDA of 

their intent to dispose of non-conforming plants, or the Tribe's disposal of non- conforming plants, 

and verify disposal by submitting required documentation. 

(d) Analytical testing for purposes of detecting the concentration levels of THC shall 

meet the following standards: 

(I) Laboratory quality assurance must ensure the validity and reliability of test 

results; 

(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) The procedure disposal of hemp plants must be in accordance with DEA 

reverse distributor regulations found at 21 CFR § 1317 .15, as amended. An 

effective disposal procedure for hemp plants that are produced that do not 

meet the requirements of these Regulations is required and shall be 

implemented the regulations. 

( e) Measurement of uncertainty must be estimated and reported with test results. 

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

evaluate measurement of uncertainty. 

(t) The Tribe shall promptly notify the USDA by certified mail or electronically of any 

8 
occurrence of cannabis plants or plant material that do not meet the definition of hemp in these 

Regulations and attach the records demonstrating the appropriate disposal of all of those plants 

and materials in the lot from which the representative samples were taken. 

ARTICLE III 

Disposal of Hemp Plants 

3.1 Disposal Based on Test Results. 

(a) In the event test results show an acceptable hemp THC level greater than permitted 

hereunder, that harvest must be segregated from other harvested plots and remain segregated. Leaf 

and floral material from the harvest of that lot must then be destroyed. 

(b) If a variety is de~ignated as a prohibited variety, the Tribe shall require the licensee 

to surrender without compensation the entire harvest and any unharvested crop, any live plants, and 

all germplasm of this variety to the Tribe for destruction by composting or burning. 

(c) If the Tribe reasonably believes the producer intended to grow hemp with a delta- 9 

THC concentration in excess of the acceptable hemp THC level, the Tribe may suspend or revoke 

a license,. exclude the licensee from the Reservation, and report the matter to the USDA. 

3 .2 Destruction Procedures. 

(a) The Tribe may destroy, without compensation to licensee, hemp found to have an 

unacceptable hemp THC level greater than permitted hereunder, hemp lo·cated in an area that is not 

licensed by the Tribe, or hemp not properly accounted for in required reporting to the Tribe or 

USDA. 

(b) So long as in compliance with the Controlled Substances Act and DEA regulations, 

hemp may be destroyed by burning or. by composting where it is made unusable and rendered 

indistinguishable from any other plant mat~rial. 

ARTICLE IV 

Licensing 

4.1 Application. 

(a) Any person producing or intending to produce hemp on the Reservation must have 

a valid license prior to producing, cultivating, handling, processing, or storing hemp. A valid 

license means the license is unexpired, unsuspended, and unrevoked. Any person who does not 

hold a valid license from the Tribe shall not be allowed or permitted to produce, cultivate, handle, 

process, or store hemp on the Reservation. 

(b) Any person who ~shes to engage in the cultivating, handling, or processing of 

hemp on the Reservation, including employees and contractors, shall submit to the Tribe annually 

a complete license application. An applicant must be at least twenty-one (21) years of age. 

9 
( c) Applicants must submit a complete application to the Tribe before the application 

will be accepted or considered. All applications must be complete in every material detail. All 

applications must include all attachments · or supplemental information required by the current 

forms supplied by the Tribe. The application and attached materials will become the property of' 

the Tribe. A license must be renewed annually. 

(d) The Tribe may impose a fee to cover the costs of licensing and regulation. If 

imposed, all applications must be accompanied by a full remittance for the whole amount of the 

fee, prior to conducting any activities authorized under these Regulations. The Tribe may refuse 

to accept an incomplete application or an application without the required fee. 

( e) An applicant shall submit, at a minimum, his or her full name, mailing address, 

telephcme number, and email address. If the applicant represents a business entity, the applicant 

shall submit the full name of the business, the jurisdiction of formation, the principal business 

address, the full name of the person who will have the power to bind the entity, his or her title and 

email address, and the employer identification number ("EIN") of the business. At its discretion, 

the Tribe may request the articles of incorporation or other organic documents from the business 

entity applicant. The applicant must also submit the legal description of the area where hemp will 

be cultivated, handled, produced, or processed. Any application that is missing required 

information may be denied. 

(f) All applicants for initial licensure shall provide a photograph and be fingerprinted 

for a fingerprint-based criminal history record check. A renewal applicant must provide a 

photograph and be fingerprinted if requested by the Tribe. Any applicant may be required to 

establish his or her identity and age by official documents. Applicants may be required to sign an 

authorization to release information as prescribed by the Tribe. All applicants shall undergo and 

pay for an annual ~riminal background check. A temporary license may be issued pending 

completion of the criminal background check. Licenses are not subject to automatic renewal. 

(g) 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. 

(h) Consistent with due process, the Tribe reserves the right to deny a license for any 

reason consistent with the 2018 Agriculture Act and/or tribal law and regulations. 

4.2 Badges. 

(a) The Tribe shall assign each producer with a license or authorization identifier in a 

format prescribed by USDA. Licenses may not be sold, assigned, transferred, pledged, or 

otherwise disposed of, alienated or encumbered. 

(b) The Tribe shall acquire a machine for making picture identification badges that will 

include license numbers. 

10 
( c) All licensed persons will receive a badge. The badge may be the license. All 

persons in a hemp production area shall display on his or her chest a license identification badge 

or a visitor badge at all times. 

( d) A licensee shall not alter, obscure, damage, or deface the badge in any manner. All 

badges will remain the property of the Tribe and may be suspended or revoked for violation of 

these Regulations or other tribal law. 

4.3 False Statements. 

(a) All applicants shall submit information to the Tribe in a full, faithful, truthful, and 

fair manner. The Tribe may" deny an application where the applicant made intentional or 

purposeful misstatements, omissions, misrepresentations, or untruths in the application or in 

connection with the applicant's background investigation. This type of conduct may be considered 

as the basis for additional administrative action against the applicant, and it may also be the basis 

for criminal charges against the applicant. 

(b) An applicant shall not have and shall not make any false statements or 

representations to a representative of the Tribe or a law enforcement agency. 

4.4 Hemp Production and Record Keeping. 

(a) The Tribe shall 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) For each new producer who is an individual and is licensed or authorized 

under these Regulations, the full name of the individual, license or 

authorization identifier, business address, telephone number, and email 

address (if available); 

(2) For each new producer that is an entity and is licensed or authorized under 

these Regulations, the full name of the entity, the principal business location 

address, license· or authorization identifier, and the full name, title, and 

email address (if available) of each key participant; 

(3) A legal description of the land on which the producer will produce hemp on 

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

and 

(4) The status and number of the producer's license and authorization. 

(b) Producers shall maintain records of all hemp plants acquired, produced, handled, 

or disposed of, in order to substantiate any required reports. All records and reports shall be 

maintained for at least three (3) years. 

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(c) All records shall be made available for inspection by the Tribe's inspectors, 

auditors, or their representatives during reasonable business hours. The following records must be 

made available: 

(1) Records regarding acquisition of hemp plants; 

(2) Records regarding production and handling of hemp plants; 

(3) Records regarding storage of hemp plants; and 

( 4) Records regarding disposal of all cannabis plants that do not meet the 

definition of hemp. 

(d) All reports and records required to be submitted to the Tribe or USDA pursuant to 

these Regulations, 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 particular licensee or their 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. 

(e) The Tribe may limit the size, location, capacity, and hours of operation of hemp 

production areas depending on adverse impacts on the Tribe, environment, and surrounding area. 

Authorized representatives of the Tribe and law enforcement may enter hemp production areas at 

any time for any reason to inspect said areas. 

(f) Hemp shall not be cultivated, handled, produced, or processed in or adjacent to any 

structure that is used for residential purposes or within one-thousand (1,000) feet of a school, 

church, or public recreation area. 

4.5 License Suspension. 

(a) The Tribe may issue a notice of suspension to a producer if the Tribe or its 

representative receives some credible evidence establishing that a producer has engaged in conduct 

violating a provision of these Regulations or failed to comply with a written order from the Tribe 

related to negligence as defined in Article V. herein. 

(b) Any producer whose license has been suspended shall not handle or remove hemp 

or cannabis from the location where hemp or cannabis was located at the time when the Tribe 

issued its notice of suspension, without prior written authorization from the Tribe. 

( c) Any person whose license has been suspended shall not produce hemp during the 

period of suspension. A producer whose license has been suspended may be required to complete 

a corrective action plan to fully restore the license. 

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4.6 License Revocation. 

The Tribe shall immediately revoke the license of a hemp producer if such producer: 

(i) Pleads guilty to, or is convicted of, any felony related to a controlled 

substance; 

(ii) Made any materially false statement with regard to these Regulations to the 

Tribe or its representatives with a culpable . mental state greater than 

negligence; 

(iii) Is found to be growing cann~bis exceeding the acceptable hemp THC level 

with a culpable mental state greater than negligence, or 

(iv) Negligently violated these Regulations three (3) times in five (5) years. 

ARTICLEY 

Enforcement Procedures 

5.1 Negligent Violation. 

(a) A hemp producer on the Reservation shall be subject to a corrective action plan if 

the hemp producer negligently fails to provide a legal description· of land on which hemp is 

cultivated, handled, or processed, negligently fails to obtain a license or other required 

authorization to produce hemp, or negligently produces hemp with an acceptable hemp THC level 

greater than permitted hereunder. 

(b) A hemp producer subject to a corrective action plan shall comply with such plan to 

correct the negligent violation and the plan shall include, at a minimum: (1) a reasonable date by 

which the hemp producer shall correct the negligent violation; (2) steps to correct each negligent 

violation; and (3) a requirement that the hemp producer shall periodicaHy report to the Tribe on 

compliance of the hemp producer with tribal law related to hemp for a period of not less than the 

next two (2) calendar years from the date of the negligent violation. The Tribe shall conduct an 

inspection to determine if the corrective action plan has been implemented as submitted. If a 

subsequent violation occurs while a corrective action plan is in place, a new corrective action plan 

must be submitted with a heightened level of quality control, staff training, and quantifiable action 

measures. 

( c) A hemp producer that negligently violates tribal law related to hemp shall not as a 

result of that violation be subject to any criminal enforcement action. A hemp producer that 

negligently violates tribal law related to hemp three (3) times in a five (5) year period shall be 

ineligible to cultivate, handle, produce, or process hemp on the Reservation for a period of five (5) 

years beginning on the date of the third violation. 

5.2 Other Violations. 

If the Tribe determines that a hemp producer has violated tribal law related to hemp with a 

culpable mental state greater than negligence, the Tribe shall immediately report the producer to 

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the U.S. Attorney General and the chieflaw enforcement officer of the Tribe, as applicable. 

5.3 Felony Conviction. 

A person with a felony conviction relating to a controlled substance is subject to a ten ( I 0) 

year ineligibility restriction on producing hemp hereunder from the date of the conviction. An 

exception applies to a person who was lawfully growing hemp under the 2014 Farm Bill before 

December 20, 2018, and whose conviction also occurred before that date. For producers that are 

entities, key participants of the producer will be subject to the felony conviction restriction for 

purposes of these Regulations. 

5.4 False Statement. 

Any person who materially falsifies any information contained in an application to produce 

hemp on the Reservation shall be ineligible to produce hemp on the Reservation. 

5 .5 Site Access and Reporting. 

(a) The Tribe shall provide information about licensed cultivating, handling, 

producing, and processing site locations to federal law enforcement representatives as requested. 

(b) Licensed producers shall have no reasonable expectation of privacy with respect to 

buildings or sites where hemp is located. A licensed producer, whether present or not, shall permit 

a representative of the Tribe or a law enforcement agency to enter premises where hemp is located 

with or without cause and with or without advanced notice . . 

(c) The Tribe shall submit to the USDA not more than thirty (30) days after the date 

on which the information is received contact information for each hemp producer including name, 

telephone number, email address, mailing address, a legal description for each plot, field, facility, 

or other place where hemp is licensed to be cultivated, handled, produced, or processed, and for 

each hemp producer the status of his, her, or its license and any changes in that status. The Tribe 

shall update the information to the USDA as appropriate. 

( d) All hemp must be cultivated, handled, produced, and processed in a secure area 

located on the Reservation. The secure area must be enclosed with a fence and niay only be 

accessed by licensed persons, authorized visitors, emergency personnel, and law enforcement. 

Signs should be posted throughout the area that read: "THIS IS HEMP (not marijuana)" or words 

to that effect. Other signs should be posted that read: "DO NOT ENTER" or words to that effect. 

All areas of ingress and egress to the enclosed area shall be locked. Failure to comply with the 

following may be grounds for license suspension, revocation, or denial. 

( e) All areas where hemp is cultivated, handled, produced, or processed must be kept 

in a clean, orderly, and sanitary condition. Litter and waste must be properly stored and removed. 

(f) No person shall disclose confidential information, which is information not 

generally known to the public, unless required to do so by applicable law. Licensees shall not 

14 
obtain or utilize confidential information the licensee is not lawfully entitled to acquire or possess. 

(g) All producers licensed to produce hemp on the Reservation shall report hemp crop 

acreage with the USDA Farm Service Agency and shall provide, at minimum, the following 

information: 

(1) Street address and, to the extent practicable, geospatial location for each lot 

or greenhouse where hemp will be produced. If a producer operates in more 

than one location, that information shall be provided for all production sites; 

(2) Acreage dedicated to the production of hemp, or greenhouse or indoor 

square footage dedicated to the production of hemp; and 

(3) License or authorization identifier. 

(h) All producers licensed to produce hemp on the Reservation shall also report to the 

Tribe total acreage of hemp planted, harvested, and, if applicable, disposed of or otherwise 

destroyed. The Tribe shall collect this information and report it to the USDA Agricultural 

Marketing Service. 

5.6 Auditing. 

(a) Producers may be audited by the Tribe. The audit may include a review of records 

and documentation, and may include site visits to farms, fields, greenhouses, storage facilities, or 

other locations affiliated with the producer's hemp operation. Inspections may include the current 

crop year and any previous crop year(s). The audit may be in person or performed remotely. 

(b) Audit verifications may be performed once every three years unless otherwise 

determined by the Tribe. If the results of the audit find negligent violations, a corrective action 

plan may be established. 

(c) The producer's operational procedures, documentation, and recordkeeping, and 

other practices, may be verified during the onsite audit verification. The auditor may also visit the 

production, cultivation, or storage areas for hemp listed on the producer's license. 

( d) The auditor shall assess whether required reports, records, and documentation are 

properly maintained for accuracy and completeness. 

( e) Audit reports will be issued to the licensee within sixty ( 60) days after the audit is 

concluded. If the Tribe determines under an audit that the producer is not compliant, the Tribe 

shall require a corrective action plan. The producer's implementation of a corrective action plan 

may be reviewed by the Tribe during a future site visit or audit. 

ARTICLE VI 

Pesticides 

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6.1 Pesticide Use. 

(a) A licensee may only use pesticides and other agricultural chemicals in accordance 

with applicable laws, statutes, rules and regulations, including permitted use for food crops. 

Nutrients used in the cultivation of hemp must be appropriate for use in food production. 

(b) No licensee may detach, alter, deface, or destroy, in whole or in part, any label on 

any Pesticide. A licensee must have the original label or a copy thereof for all pesticides and other 

agricultural chemicals used during its cultivation process. 

6.2 Pesticide Records. 

(a) A licensee must establish written standard operating procedures for the cultivation 

of hemp. The standard operating procedures must at least include when, and the manner in which, 

all pesticides and other agricultural chemicals are to be applied during its cultivation process. The 

licensee must follow the manufacturer's application and storage recommendations, and disposal 

recommendations for the pesticide product, and must follow EPA Worker Protection Standards 

when preparing and applying pesticides. 

(b) A licensee that applies any pesticide or other agricultural chemical to any portion 

of a hemp plant, water, or feed used during cultivation must document and maintain a record of 

the following information: 

(1) The name, signature and license number of the individual who applied the 

pesticide or other agricultural chemical; 

(2) The date and time of the application; 

(3) The EPA registration number of the pesticide or CAS number of any other 

agricultural chemical(s) applied; 

(4) Any of the active ingredients of the pesticide or other agricultural 

chemical(s) applied; 

(5) Brand name and product name of the pesticide or other · agricultural 

chemical(s) applied; 

(6) The restricted entry interval from the product label of any pesticide or other 

agricultural chemical(s) applied; 

(7) A description of the hemp plants that the pesticide or other agricultural 

chemical(s) was applied to; and 

(8) The total amount of each pesticide or other agricultural chemical applied. 

16 
CERTIFICATION 

I, the undersigned, as Secretary of the Cheyenne River Sioux Tribe, certify that the Tribal Council is 

composed of fifteen ( 15) members of whom 12, constituting a quorum, were present at a meeting 

duly and regularly called, noticed, convened and held this 8th day of May, 2020, Regular Session; 

and that the foregoing resolution was duly adopted at such meeting by a roll call vote of 11 yes, 0 

no, 1 abstaining and 3 absent. 

Ev Ann Wh~ ther,Sedetary 

Cheyenne River Sioux Tribe 

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