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La Jolla Band of Luiseno Indians

U.S. Department of Agriculture

Tribal Hemp Plan

October 31, 2019

The La Jolla Band of Luiseno Indians is a Federally recognized Indian Tribe. The Farm Bill 

of 2018, Section 297 A, identifies an Indian Tribe by the meaning given in section 4 of the 

Indian Self Determination and Education Assistance Act (25 U.S.C. 5304). The La Jolla Band 

of Luiseno Indians meets the definition of an Indian Tribe eligible to participate in the 

production of hemp as defined in the Farm Bill of 2018. The La Jolla Band of Luiseno Indians 

desires to have primary regulatory authority over the production of hemp in the territory of 

the Tribe. The plan has been drafted by the Tribe to assert Tribal sovereignty and to regulate 

hemp as an agriculture commodity in compliance with federal and Tribal laws. The La Jolla 

Band of Luiseno Indians has signed a resolution authorizing this plan to be submitted to the 

United States Department of Agriculture (USDA).

The La Jolla Band of Luiseno Indians is located in San Diego County, California. All hemp 

growers, processors, handlers, applicants and agents are bound to all La Jolla Tribal laws, 

including ordinances, codes, policies and procedures. By receiving approval to commence 

activity for any hemp related business, the applicant submits to the jurisdiction of the La 

Jolla Band of Luiseno Indians. 

Plan requirements as outlined in SEC. 297B, Line 18, (2) Contents:

A. Maintain relevant information regarding land on which hemp is produced in territory 

of the Indian Tribe, including legal description of the land for a period of not less than 

3 years.

B. Adhere to 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;

C. Adhere to a procedure for the effective disposal of products that are produced in 

violation of this subtitle;

D. Adhere to a procedure to comply with the enforcement procedures under 

subsection

E. Any other practice or procedure

Definitions. The La Jolla Tribal Hemp Plan applies the following definitions:

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

submits an application to participate in the La Jolla Tribal Hemp Program.

“CSA” means Controlled Substances Act
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“Cultivate” means to plant, water, grow, or harvest a plant or crop.

“DEA” means Drug Enforcement Agency 

“FSA” means the Farm Service Agency 

“GPS” means Global Positioning System.

“Grow site” has the same meaning as “registered land area” as that term is defined in this 

section.

"Hemp" means all parts and varieties of the plant Cannabis sativa L. containing no greater than 

0.3% tetrahydrocannabinol on a dry weight basis.

“Hemp grower” means a person licensed by the La Jolla Tribe to cultivate hemp within the 

territory of the Tribe.

"Hemp" means all parts and varieties of the plant Cannabis sativa L. containing no greater than 

0.3% tetrahydrocannabinol.

“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.

“Licensee” has the same meaning as “hemp grower” as that term is defined in this section.

“Lot” refers to a contiguous area in a field, greenhouse, or indoor growing structure containing 

the same variety or strain of cannabis throughout. In addition, “lot” is a common term in 

agriculture that refers to the batch or contiguous, homogeneous whole of a product being sold 

to a single buyer at a single time. Under the terms of this part, “lot” is to be defined by the 

producer in terms of farm location, field acreage, and variety (i.e., cultivar) and to be reported 

as such to the FSA.

"Marijuana" means Cannabis with a THC level exceeding 0.3 percent.

“Non- Retrievable” means the process utilized to render a substance “non-retrievable” shall 

permanently alter the substance’s physical or chemical condition or state through irreversible means 

and thereby render the substance unavailable and unusable for all practical purposes. A substance is 

considered “non-retrievable” when it cannot be transformed to a physical or chemical condition or 

state as a controlled substance or controlled substance analogue.

“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, as well as a state or local government entity.

“Process” means to convert any portion of a hemp crop into a hemp ingredient, hemp product, 

or other marketable form.
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“Registered land area” means a contiguous lot, parcel, or tract of land registered with the La 

Jolla Tribe on which a licensee may cultivate hemp. A registered land area may include land and 

buildings that are not used to cultivate hemp.

“THC” means tetrahydrocannabinol and has the same meaning as delta-9 THC, measured postdecarboxylation.

“Tribal Member” means an enrolled member of the La Jolla Band of Luiseno Indian Tribe

Tribal Plan Section A: Maintain Relevant Producer and Land Information

The La Jolla Tribal Hemp Production Plan will outline the issuance of licenses to its Tribal 

Members, who meet all requirements as set forth in this plan. The Tribe will collect, 

maintain and provide the USDA with contact information of each license holder. The Tribe 

will ensure the annual crop report is submitted to FSA for each of its license holders. The 

Tribe will maintain and report to USDA the status of licensed producers and any changes to 

the application package of the license holders. 

Persons allowed to submit applications are only:

1. Tribal members age of 21 and over, living on the reservation and Tribal entities

2. Applicants with no felony convictions within past 10 years. 

Hemp Licensing. A Tribal member growing hemp for commercial purposes is required to 

apply to the La Jolla Tribe for a license and must submit all required forms in the Tribal 

License Application Packet. 

The application will include: Legal Name / Address / Telephone Number / Email Address / 

Current registered legal description of land area where hemp will be produced, GPS location, 

or other land identifier used by Tribe. 

The Tribe has established the following general requirements: 

1. Full Application must be submitted with payment made for Tribal license 

processing fee

2. First time applicants are required to be fingerprinted and background check ran 

for statewide and nationwide criminal history check. 

3. Each license is good for 1 year and licensees will have to be in compliance with 

the Tribal Hemp Plan in order to be eligible to renew.

4. Licenses are non-transferable and not permitted for re-sale.

5. Licensed producers will report crop acreage to FSA with the corresponding 

license number included. 

6. The La Jolla Tribe will retain for no less than three years all the information 

submitted as part of the Application Package.
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Tribal Plan Section B: Procedure for accurate and effective Sampling and Testing for THC

Testing 

The La Jolla Tribe will use a lab registered with the DEA, as required by USDA to perform the 

specimen testing for measurement of tetrahydrocannabinol (THC). The testing will be done 

15 days prior to anticipated harvest date. The Tribal Hemp Plan outlines the procedures the 

Tribe will take to provide an approved lab with samples. The validity of the lab will be 

ensured because it is a DEA registered lab and approved by the DEA to be testing for THC 

levels. The lab used will report the test data in accordance with 7 CFR Part 990. The lab will 

use the USDA Laboratory Test Results Report to submit data to USDA. 

1. Any hemp that is grown in a lot that does not test compliant for THC concentration as 

directed in the La Jolla Tribal Hemp Plan will be handled in accordance with the nonretrievable process as stated in Section C. Disposal.

2. Testing methods for THC concentration will use:

a. The measurement of THC and THCA and the consideration of conversion of THCA 

into THC and report on a dry weight basis.

b. HPLC is the chromatography testing method we have selected.

3. Any DEA registered lab must meet the AOAC International Standard Method 

Performance Requirements (SMPR) for selecting the methods used for testing. 

4. The DEA registered lab will identify the uncertainty of accuracy, repeatability and 

reproducibility for each validated method. The lab will use the measurement 

uncertainty to determine the confidence interval around the THC threshold level of 

0.3%. The measurement uncertainty and the % of THC in each test will be reported on 

the USDA Laboratory Test Results Page 

The Lab will issue a laboratory test resultsreport for each composite sample. The laboratory 

test report shall include the: 

(1) Laboratory Name / City / State / DEA Registration #

(2) Producer ID

(3) Producer name / Street / City / State 

(4) Sample Lot ID 

(5) Testing Date

(6) Results Reported Date

(7) Test: Initial or Re-test

(8) Result % THC

9) Measurement uncertainty 

(10) Pass or Fail 
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Sampling

The Tribe has established the following general guidelines to comply with sampling for the 

identification of Delta-9 Tetrahydrocannabinol concentration in a “lot” of hemp crop 

acreage. The sampler will collect individual specimens of plants in order to obtain a 

representative sample of hemp in the designated lot. Hemp producers may not harvest 

prior to the hemp being sampled and tested for THC concentration. 

The Tribal designated sampler will be a Tribal Law Enforcement Agent or Tribal employee. 

Currently the Tribe operates a Police Department with five Law Enforcement Agents who 

oversee the 10,000 acre reservation with approximately 500 Tribal residents. The Tribe has 

multiple planning and environmental departments who will be involved in the licensing of 

hemp projects. The Tribe will have the sampling done the identified positions to ensure that 

the licensees are not sampling their own crop. 

1. Samples will be collected by a Tribal Law Enforcement officer or Tribal Employee who is

USDA approved as sampling agent, upon the approval of this plan. 

2. Fees for sampling will be paid by the license holder not the Tribe. 

3. The license holder or an authorized representative of the license holder must be present 

at the growing site during sample collection. 

4. The Tribe requires the authorized sampling agent to have complete and unrestricted 

access during business hours to all hemp and/or cannabis plants and any land or 

buildings used for cultivation or handling of hemp. 

5. The license holder is not authorized to harvest any of it’s crop prior to samples being 

taken and will be identified with a failure to comply with the Tribal Hemp Plan, resulting 

in ineligibility for renewal for 1 year. 

6. All samples collected will be specifically labeled and sealed appropriately from one lot 

before moving to sampling the next lot. The sampler will seal each bag with the 

identification number. This procedure will ensure plant material form one lot will not be 

comingled with hemp plant material from other lots. 

7. The Tribal Law Enforcement officer will be provided with necessary equipment and 

supplies: 

a. Garden shears – appropriately cleaned 

b. Sample paper bags, made from material that is THC free

c. Security tape

d. Permanent markers

e. Sample Collection forms

f. GPS Unit

g. Disposable gloves - nitrate

8. The Tribal Sampling Guidelines are in accordance to ensure adherence of the acceptable 

Hemp THC level with the USDA guidelines:
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1. The licensee or designated employee shall accompany the sampling agent throughout 

the sampling process.

2. Surveillance of the growing area.

2.1. The inspector shall verify the GPS coordinates of the growing area as compared 

with the GPS coordinates submitted by the licensee to USDA.

2.2. The inspector shall estimate the average height, appearance, approximate 

density, condition of the plants, and degree of maturity of the flowering material, 

meaning inflorescences (flowers/buds).

2.3. The inspector shall visually establish the homogeneity of the stand to establish 

that the growing area is of like variety.

3. Time of Sampling:

3.1. Within 15 days prior to the anticipated harvest of cannabis plants, Tribal law 

enforcement or tribal employee shall collect representative samples from such 

cannabis plants for THC concentration level testing.

4. Field Sampling:

4.1. For purposes of determining the number of individual plants to select for 

sampling, the size of the growing area shall be considered. For sampling purposes, 

samples from separate “lots” must be kept separate and not be comingled.

4.2. For lots of less than one acre, including greenhouses, select a minimum of 1 

plant, then take a cutting from the plant to form a sample. For lots of 2 to 10 acres, 

including greenhouses, select a minimum of one plant per acre, then take cuttings 

of each plant, then combine to form a composite sample.

4.3. For growing areas larger than ten (10) acres, including greenhouses, the 

number of plants that will be selected to form a composite sample is based upon the 

Codex Alimentarius Recommended Methods of Sampling for the Determination of 

Pesticide Residues for Compliance with MRLS CAC/GL 33-1999.

4.3.1. The sample size is estimated in a two-step process. The first step is to estimate 

the number of primary plants to be sampled. The second step is to adjust the 

estimate of primary plants by the acreage under cultivation.

4.3.2. The initial number of primary plants is estimated using

where p is the confidence level to detect hemp plants having THC content greater 

than the acceptable hemp THC level and i is the proportion of hemp plants having 

THC content greater than the acceptable hemp THC level. The values for i are based 

on past experience in the same or similar growing areas.

4.3.3. The initial primary plants estimate is adjusted by the number of acres to 

calculate the minimum number of primary plants for composting as follows:
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where n is the minimum number of primary plants to be selected for forming a 

composite sample, no is the initial number of primary plants, and N is the number of 

acres under cultivation.

6. Collecting Samples from each lot:

6.1. Sampling agents shall always walk at right angles to the rows of plants, beginning 

at one point of the lot and walking towards another point on the opposite side of the 

lot.

6.2. While walking through the growing area, the inspector shall cut at least “n”

flowering material, meaning inflorescences (the flower or bud of a plant) at random 

but convenient distances. Avoid collecting too many specimens from the borders of 

the field/greenhouse.

6.3. The cut shall be made just underneath a flowering material, meaning 

inflorescence (the flower or bud of a plant), located at the top one-third {1/3) of the 

plant. (See figure below.) The sample size must be of adequate volume to 

accommodate laboratory tests.

6.4. Utilize a paper sample bag for collecting sample cuttings. Ensure that each bag 

has the minimum number of cuttings, n, as calculated by 4.3.3, or in the Example 

Tables 1 and 2.

6.5. Seal each bag and record the sample number.

7. Sample identification:

7.1 The inspector shall seal each bag with tamper resistant tape and record the 

sample identification number and sent to the lab within 24 hours. The sample shall also 

be identified with the following information:

(1) The sample ID shall include: Sampling agent contact information ; name and 

contact information of the producer; producer hemp license or authorization number ; 

date of sample; and “lot” ID; any other information that may be required by Tribe, mail 

delivery services, customers or groups of customers.

Tribal Inspections of License Holders:

(a) The Tribe will conduct inspections of hemp growers to ensure compliance with Tribal 

Hemp Ordinance and verify hemp is not produced with any violations.

(b) Inspections will be not less frequent than annually, may be randomly selected, and 

performed without notice.

(c) All licensees shall grant the Tribe unrestricted access to the registered land area(s) and 

accompanying facilities.
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Tribal Plan Section C: Disposal. 

The La Jolla Tribe has set forth guidelines for licensees to adhere to in regards to disposal of 

plant material that is produced in violation of the Farm Bill of 2018. We have reviewed the 

Controlled Substances Act as set forth by the DEA. The following statement is directly from 

the Federal Register 21 CFR Parts 1317.15.

“The DEA is not requiring a particular method of destruction, so long as the desired result is 

achieved. This standard is intended to allow public and private entities to develop a variety of 

destruction methods that are secure, convenient, and responsible, consistent with preventing the 

diversion of such substances. Destruction of controlled substances must also meet all other 

applicable Federal, State, tribal, and local laws and regulations. Once a controlled substance is 

rendered ‘‘nonretrievable,’’ it is no longer subject to the requirements of the DEA regulations.”

The Tribe has established the following disposal protocol for plants testing out of 

compliance:

1. The material will be collected for disposal by Tribal Law Enforcement. 

2. Licensed producers notified they have produced product exceeding the acceptable 

hemp THC level will arrange for disposal of the lot represented by the sample.

3. Licensees will document the disposal of all lotsthat need to be disposed of. The Tribe 

will ensure the licensee submits the Tribal Hemp Disposal Report to USDA following 

the completion of the disposal process, and will include the test results. 

4. Disposal will be consistent with the Federal Register 21 CFR Parts 1317.15 for

rendering a controlled substance as non-retrievable. 

Collection of Information

The Tribe will collect relevant data and information needed to ensure reports are submitted to 

the USDA, in the appropriate manner and on time. The USDA reports will include: 

Crop Acreage Report (FSA 578) to the FSA - annual

Laboratory Tests Results Report to USDA – 30 days after the information is received

State and Tribal Hemp Disposal Report to USDA - 30 days after the information is 

received

State and Tribal Hemp Annual Report to USDA - Dec 15th.

The following information will be included:

Hemp crop acreage

Reporting total acreage of hemp planted, harvested, disposed

License number

Street address

GPS location of lot or greenhouse where hemp is produced

Acreage of greenhouse or indoor square footage dedicated to the production of hemp
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Information sharing will be accomplished by submitting these reports with correct and updated 

information. The Tribe is aware of the real-time information sharing efforts on behalf of the 

USDA and Law Enforcement. The Tribe supports the industry and the need for up to date 

information specifically for transporting. The Tribe will share the required information on the 

USDA forms provided. 

Tribal Plan Section D: Enforcement Procedures.

The La Jolla Tribe has the authority through its Tribal Constitution and Tribal Sovereignty to 

adopt and enforce its own Tribal laws. The Tribe has the ability by Tribal law to enforce existing 

and additional rules governing its Hemp production and commercialization. 

The Tribal Council will enforce the Tribe’s regulations. The forms collected and all information 

entered on the forms will be used to maintain records and enforce procedures. Noncompliance with any of the established regulations will result in immediate license revocation 

without the ability to reapply for one to three years, depending on violation and corrective 

action plan. 

The Tribe will conduct audits of Tribal licensees and issue corrective action plans for negligent 

violations. Negligent violations by a producer may lead to suspension or revocation of a 

producer’s license. The Tribe will conduct both desk audits and site visit audits. When the Tribe 

visits a licensee’s facility, the licensee must provide access to any fields, greenhouses, storage 

facilities or other locations where the licensee produces hemp. The Tribe may also request 

records from the licensee to include production and planting data, testing results, and other 

information as determined by Tribe.

The Tribe requires: 

(a) Hemp growers must report any changes of their contact information to the Tribe in writing 

within 14 calendar days of the change.

(b) Planting Report. Within 14 calendar days after planting any hemp, each hemp grower shall 

submit a planting report that includes the GPS coordinates and a map showing the location and 

actual acreage or square feet of hemp planted.

(c) Pre-Harvest Notification. At least 20 calendar days prior to harvest, each hemp grower shall 

submit a pre-harvest notification, on a form provided by the Tribe. This will initiate the 

sampling process. A hemp grower must notify the Tribe immediately of any changes in the 

reported harvest dates in excess of seven calendar days.

(d) Post-Harvest Report. Within 14 calendar days post-harvest, each hemp grower shall submit 

a post-harvest report, on a form provided by the Tribe. A hemp grower is not required to 

document the removal of male hemp plants on a post-harvest report if the male hemp plants 

are destroyed or utilized on the registered land area and are not transferred or sold.
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Corrective Action Plan

Licensees who are found to have a negligent violation will be subject to a corrective action plan. 

A negligent violation includes: 

(1) failure to provide a legal description of the land on which the hemp is produced; 

(2) not obtaining a license before engaging in production; or 

(3) producing plants exceeding the acceptable hemp THC level. 

The La Jolla Tribal plan will not consider hemp producers as committing a negligent violation if 

they produce plants exceeding the acceptable hemp THC level if they use reasonable efforts to 

grow hemp and the plant does not have a THC concentration of more than 0.5 percent on a dry 

weight basis.

For sampling and testing violations, the Tribe will consider the entire harvest from a distinct

lot in determining whether a violation occurred. This means that if testing determines that each

sample of five plants from distinct lots has a THC concentration exceeding the acceptable hemp

THC level (or 0.5 percent if the hemp producer has made reasonable efforts to grow hemp),

The Tribe considers this as one negligent violation. If an individual produces hemp without a

license, this will be considered one violation. The Tribe will establish and review a corrective

action plan with the licensee and its implementation may be verified during a future audit or 

site visit.

When the Tribe determines that a negligent violation has occurred, the Tribe will issue a

Notice of Violation. This Notice of Violation will include a corrective action plan. The

corrective action plan will include a reasonable date by which the producer will correct the 

negligent violation or violations and require the producer to periodically report to Tribe on its

compliance with the plan for a period of not less than the next two calendar years. A producer

who has negligently violated this part three times in a five-year period is ineligible to produce

hemp for a period of five years from the date of the third violation. Negligent violations are not

subject to criminal enforcement. However, the Tribe will report the production of hemp 

without a license issued by the Tribe to the Tribal Law Enforcement and Attorney General.

Hemp found to be produced in violation of this part, such as hemp produced on a

property not disclosed by the licensed producer, or without a license, would be subject to the

same disposal provisions as for cannabis testing above the acceptable hemp THC level. Further,

if it is determined a violation was committed with a culpable mental state greater than

negligence, the Tribe will report the violation to the Attorney General and Tribal Law

Enforcement officer. 

The Farm Bill of 2018 limited the participation of certain convicted felons in hemp

production. A person with a Tribal, State or Federal felony conviction relating to a controlled 

substance is subject to a 10-year ineligibility restriction on producing hemp under the Act. An 

exception applies to a person who was lawfully growing hemp under the 2014 Farm Bill before 
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December 20, 2018, and whose conviction also occurred before that date.

The only licensed entities are Tribal members and the Tribe itself. These are the “key” 

personnel for any operations taking place under this hemp plan. 

Tribal Plan Section E: Any other Practice or Procedure 

Assignment of Tribal license or Authorization Numbers:

J54576_0001, J54576_0002, J54576_003, etc.

Fee Schedule

(1) The La Jolla Tribal Council establishes the following fees for registration of growers of hemp 

for commercial purposes and seed breeders to be submitted along with the registration 

application:

(1) Prior to cultivation, a fee per applicant shall be submitted with the application to the 

Tribe. 

(2) A separate registration is required for each non-contiguous location in which the 

applicant intends to grow hemp. 

(3) The registration is valid for one year from date of issuance by the Tribe. 

(2) Upon expiration of registration, a fee per registrant shall be due to the Tribe in which the 

applicant intends to continue to grow hemp. 

(A) If the renewal fee is not fully paid within 30 days after expiration of 

registration, the registration is forfeited. 

(B) The forfeited registration may be restored upon payment of any unpaid fee 

amount, plus a penalty of 15% of the unpaid fee amount, to the Tribe. 

(C) The Tribe may waive the penalty upon receiving a signed statement from the 

registrant that the registrant did not cultivate hemp during the period of 

nonregistration unless there is substantial evidence otherwise. 

(3) Renewed registration is valid for one year from date of issuance of renewal by the Tribe.

Ineligible Applicants

(1) A hemp grower that negligently violates a state or Tribal plan three times in a five-year 

calendar period shall be ineligible to produce hemp for a period of five calendar years beginning 

on the date of the third violation; or
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(2) Any person convicted of a felony under Tribal, state or federal law in the 10-year calendar 

period prior to the application date shall be ineligible to produce hemp under the La Jolla Tribal 

Hemp Program; or

(3) Any person who materially falsifies any information contained in an application to 

participate in the Program established under this chapter shall be ineligible to produce hemp 

under the La Jolla Tribal Hemp Program.

(4) Noncommercial, personal possession or use of hemp or hemp products is allowed and not 

regulated by this plan.