COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

TRIBAL LEGAL CODE 

TITLE 115 

HEMP 

115-10 AUTHORIZATIONS AND DEFINITIONS 

115-10-010 Authorization and Repeal of Inconsistent Legislation 

The Cow Creek Band of Umpqua Tribe of Indians (the “Tribe”) is organized under the Indian 

Reorganization Act of June 18, 1934 (48 Stat. 984) and the Cow Creek Tribal Constitution, duly 

adopted pursuant to a federally-supervised constitutional ballot, July 8, 1991 (the “Tribal 

Constitution”). 

Pursuant to Article III, Section 1 of the Tribal Constitution, the Cow Creek Tribal Board of 

Directors (the “Board”) is the governing body of the Tribe. Pursuant to Article VII, Section I (d) 

of the Tribal Constitution, the Board has the authority to “administer the affairs and assets of the 

Tribe...” Pursuant to Article VII, Section I (i) of the Tribal Constitution, the Board has the power 

to “enact ordinances and laws governing the conduct of all persons or tribally-owned land; to 

maintain order and protect safety, health, and welfare of all persons within the jurisdiction of the 

Tribe; and to enact any ordinances or laws necessary to govern the administration of justice, and 

the enforcement of all laws, ordinances or regulations...” Pursuant to Article VII, Section I (t) of 

the Tribe’s Constitution, the Board has “such other powers and authority necessary to meet its 

obligations, responsibilities, objectives, and purposes as the governing body of the Tribe.” 

Pursuant to the foregoing, the Board has the power to establish this Cow Creek Hemp Code. 

Any prior Tribal regulations, Resolutions, orders, motions, legislation, codes or other Tribal law 

which are inconsistent with the purpose and procedures established by this Hemp Code are hereby 

repealed to the extent of any such inconsistency. 

115-10-011 Definitions 

For the purposes of this Title 115, unless the language or context clearly indicates that a different 

meaning is intended, the words, terms, and phrases defined in this section shall have the meanings 

given to them in this Section. 

“Acceptable Hemp THC Level” means the application of the measurement of uncertainty 

to the reported delta-9 tetrahydrocannabinol content concentration level on a dry weight 

basis to produce 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 compliance with this Title. 

For purposes of clarity, if 0.3% or less is within the distribution or range, then the sample 

will be considered to be Hemp for the purpose of compliance with the requirements of this 

Title. 

“AMS” means the Agricultural Marketing Service of the U.S. Department of Agriculture. 

“Applicant” means a person or entity who submits an application for a license to grow, 

handle, or sell Hemp or Hemp Products. 

“Cannabis” means the 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. 

“Cannabis Commission” or “CCCC” means the Cow Creek Cannabis Commission, the 

regulatory body responsible for Hemp regulatory enforcement and oversight as established 

under this Title and Title 115 Cow Creek Cannabis Commission. 

“CLEAR” means Thomson Reuters CLEAR investigative software, approved by the 

USDA, and used for background checks. 

“CSA” means The Controlled Substances Act as codified in 21 U.S.C. 801 et seq. 

“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 this part, 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 this part. 

“Decarboxylated” means the chemical reaction that converts THC-acid (THC- A) into 

delta-9-THC, the intoxicating component of cannabis. The 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-acid. 

“DEA” means the United States Drug Enforcement Agency. 

“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. 

“Entity” means a corporation, joint stock company, association, limited partnership, 

limited liability partnership, limited liability company, irrevocable trust, estate, charitable 

organization, or other similar organization, including any such organization participating 

in the hemp production as a partner in a general partnership, a participant in a joint venture, 

or a participant in a similar organization. 

“FSA” means the Farm Service Agency, an agency of the U.S. Department of Agriculture. 

“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. 

“GPS” means the Global Positioning System. 

“Grower” means any person or entity licensed under this Title to grow Hemp. 

“Handler” means a person, or entity that receives industrial hemp for processing into 

commodities, products or agricultural hemp seed. 

“Handling site” means one contiguous lot, parcel, or tract of land used to handle or 

intended to handle industrial hemp. 

“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 total THC concentration of not more than 0.3 percent on a 

dry weight basis. 

“Hemp Activity” the growth, handling, or sale of Hemp or Hemp Products. 

“Hemp Products” means products made from industrial hemp, including, but not limited 

to, cloth, cordage, fiber, food, fuel, paint, paper, building materials, plastics, seed, livestock 

feed, seed meal, seed oil intended for consumption, seed certified for cultivation, extracted 

chemicals from leaves, stems, roots, flowers and seed for therapeutic, nutritional, 

pharmaceutical, and nutraceutical products, or any other hemp product derived from Hemp. 

“Key Participants” means a sole proprietor, a partner in partnership, or a person with 

executive managerial control in a corporation. A person with executive managerial 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. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Lessee” means a person or Entity, licensed by the Tribe, who leases land on the 

Reservation in order to cultivate or handle Hemp. 

“Licensee” means any person or Entity who holds a license from the CCCC to grow, 

handle, process, or sell Hemp or Hemp Products. 

“Measurement of Uncertainty” or “MU” means the parameter, associated with the result 

of a measurement that characterizes the dispersion of the values that could reasonably be 

attributed to the particular quantity subject to measurement. 

“Registered Land Area” means the area at a grow site where industrial hemp is grown or 

is intended to be grown and may include fields, greenhouses, or other buildings, or the area 

at in which Hemp is processed into Hemp Products. The Registered Land Area is the area 

included in the Applicant’s application for a License under this Code. 

“Report” means any data, statistics, or information required to be gathered, maintained, 

or provided by the Cannabis Commission. 

“Reservation” means all lands within the jurisdiction of the Tribe, including but not 

limited to, all lands held in trust for the Tribe by the United States. 

“Reverse Distributor” means a person who is registered with the DEA in accordance with 

21 CFR 1317.15 to dispose of marijuana under the Controlled Substances Act. 

“Secretary” means the Secretary of Agriculture of the United States Department of 

Agriculture. 

“THC” means the primary psychoactive component of cannabis. For the purposes of this 

code, delta-9 THC and THC are interchangeable. 

“THCA” means tetrahydrocannabinolic acid. 

“Total THC” means the molar sum of THC and THCA. 

“Tribal Law” means the laws, regulations, and codes of the Cow Creek Band of Umpqua 

Tribe of Indians. 

“Tribe” means the Cow Creek Band of Umpqua Tribe of Indians. 

115-20 CANNABIS COMMISSION COMPOSITION AND AUTHORITY 

115-20-010 Cannabis Commission 

The Board shall establish a Cannabis Commission by appointment of officers, including but not 

limited to Commissioner, Deputy Commissioner, and Secretary. The Board shall establish such 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

terms and conditions of each office as it sees fit given that such terms and conditions are in 

accordance with Tribal Law. 

115-20-020 Cannabis Commission Duties and Authority 

The Cannabis Commission shall have full authority necessary to fulfil its responsibilities under 

this Title, including but not limited to licensing, inspection, sampling, testing, regulation, and 

enforcement. The CCCC shall also have full authority to designate new positions and establish 

subordinate departments as necessary and with approval of the Board. 

115-30 HEMP LICENSING 

115-30-010 Licensees 

Any person or Entity wishing to grow, handle, or sell Hemp or Hemp Products on Reservation 

must first obtain an appropriate license from the Cannabis Commission including Lessees on the 

Reservation. 

115-30-020 License Applications 

Applications to the Cannabis Commission must be approved at least thirty (30) days prior to the 

commencement of the proposed Hemp Activity. Every application for Hemp Activity must 

include a legal description of any land on which Hemp will be grown or processed; GPS 

coordinates of the relative center of each lot, field, or building where Hemp Activity is to take 

place; the total acreage of lots or square footage of facilities where Hemp is to be grown or 

processed; for each new individual Applicant, the application shall include full name of the 

individual, business address, telephone number, and email address (if available); for each new 

Applicant that is an Entity, the application shall include full name of the Entity, the principal 

business location address, and the full name, title, and email address (if available) of each Key 

Participant; the EIN number of the business; and any other information as required by the CCCC. 

Applications must also agree to a background check through CLEAR of each Applicant if an 

individual or each Key Participant if the Applicant is an Entity. 

The Cannabis Commission shall be the sole authority to approve or deny any license under this 

Title. Once an application is submitted, the CCCC shall review all relevant information and issue 

a decision within a reasonable time but no longer than ninety (90) days. The CCCC shall issue 

written notice to the Applicant explaining their decision. If the application is denied, the CCCC 

shall give notice of its reason(s) for denial and shall express whether re-application, amendment, 

or appeal is available. Any individual or Entity found to have falsified information on their License 

application will be permanently ineligible for a License under this Title. 

115-30-030 Controlled Substance Felonies 

A Conviction for a felony relating to a controlled substance under State or Federal law, of any 

Applicant or Key Participant, shall cause the Applicant or Entity to be ineligible for a License 

under this Code for ten (10) years following the date of the Conviction unless the applicant is 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

licensed under the controlled substance felony conviction exception for participants in state hemp 

pilot program authorized under the 2014 Agricultural Act after December 2018. 

115-30-040 Licenses 

Licenses to grow, handle, or sell Hemp or Hemp Products will be deemed consent to inspection 

by the Cannabis Commission or a designated representative, including random and annual 

inspections and testing described further in Section 115-40. Licenses will be granted for no longer 

than three (3) years, after which a Licensee must submit a new application with all required 

information. Any Licensee that wishes to change the Registered Land Area(s) after issuance of 

the License, must submit to the CCCC for approval an updated legal description, GPS location, 

and map specifying the proposed changes to the Registered Land Area(s), pay fees, and obtain the 

CCCC’s approval documented as an amendment to the License. Licensees must also submit to 

the CCCC any change in relevant business information during the term of their License, including 

change of address, business name, or a change in Key Participants. The CCCC shall maintain all 

license applications and licensee information for the duration of each license. Such information 

will be provided to the USDA, AMS, and/or FSA by the Cannabis Commission as required under 

Federal Law. Licenses issued under this Title may not be sold, assigned, transferred, or otherwise 

disposed of, alienated, or encumbered. 

License numbers will follow the format outlined in the USDA rules, using the Tribe’s BIA Tribal 

Code plus the individual license number. For example: P01153_0001, P01153_0002, 

P01153_0003, ect. 

115-30-041 Grower’s License 

Any person or Entity wishing to grow Hemp must obtain a License prior to planting or growing 

any Hemp on the Reservation. A licensed Grower may sell or exchange Hemp grown under a 

valid License to any licensed Hemp Handler or other person. Any information obtained by the 

Board or CCCC regarding a Grower’s operation may be provided to Tribal, state, or federal law 

enforcement agencies and fire and rescue agencies by the Board or CCCC without further notice 

to the Licensee. The CCCC must have unrestricted access to all Hemp plants, plant parts, grain 

and seeds within a Registered Land Area whether Hemp is presently growing or not, and all land 

and facilities used by a grower for the growing and storage of Hemp, pesticide storage or housing, 

and all documents and records pertaining to the Licensee's Hemp operations. The Licensee must 

pay all applicable fees adopted under this chapter for any applications, inspections, and testing. 

Unless approved by the Cannabis Commission for a subsequent License, any plant material that is 

not harvested during the license period in which it was planted must be destroyed or forfeited to 

the Cannabis Commission upon expiration of a License. A copy of each License issued by the 

Cannabis Commission under this section shall be forwarded to Tribal law enforcement and to the 

USDA. Information regarding the size and location of each Licensed grow site will be reported to 

the FSA. Signs must be posted by each Grower at each grow site, plainly visible to the public, 

stating that the Grower is licensed to produce Hemp. The Grower must post such signs on at least 

each side of every field listed on the application, including the principal entry point(s) of each 

field. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

115-30-042 Hemp Handling Licenses 

Any person or entity wishing to handle and sell Hemp or Hemp Products shall obtain a Hemp 

Handling License prior to obtaining Hemp for processing or marketing purposes. The Cannabis 

Commission may inspect and sample and must have unrestricted access to all hemp plants, parts, 

grain, seeds and products within a registered land area, and all documents and records pertaining 

to the Licensee's Hemp activity. A person's domicile, home or residence may not be used as a 

processing area. A Handler must obtain Hemp from a grower Licensed under a USDA approved 

plan, a grower Licensed by the USDA, or from legally imported sources of Hemp. Each Licensee 

must obtain a copy of the Grower's License and certificate indicating proper testing and 

classification of product as Hemp or a Hemp Product as defined in this Title. It is the duty of any 

Handler to destroy any plant or product received which is in excess of 0.3% Total THC on a dry 

weight basis and to report any such instances to the Cannabis Commission as soon as reasonably 

practical. 

115-30-043 Combination License 

Any person or Entity wishing to grow and/or handle Hemp or Hemp Products within or from the 

Reservation may apply for separate Licenses for each desired hemp activity or for a Combination 

License. Any person or entity who is granted a Combination License is subject to all applicable 

requirements under each License. Special fees may apply to Combination Licenses. 

115-30-050 Restrictions on Cannabis 

No Registered Land Area or storage area may contain cannabis plants or parts thereof that the 

Licensee knows or has reason to know are of a variety that will produce a plant that when tested 

will produce more than 0.3% THC concentration on a dry weight basis. 

115-30-060 Hemp Seeds 

Growers may obtain Hemp seeds from sellers Licensed by the USDA or under a valid State or 

Tribal plan. Growers may also obtain legally imported Hemp seeds from Canada if accompanied 

by either: (1) a phytosanitary certification from Canada’s national plant protection organization to 

verify the origin of the seed and confirm that no plant pests are detected; or (2) a Federal Seed 

Analysis Certificate for Hemp seeds grown in Canada. Hemp Seeds imported from countries other 

than Canada may be accompanied by a phytosanitary certificate from the exporting country’s 

national plant protection organization to verify the origin of the seed and confirm that no plant 

pests are detected. The USDA Animal and Plant Health Inspection Service (APHIS) regulations 

further address hemp seed imports or exports. 

115-30-070 Transfer, Sale, and Purchase of Hemp 

Any transfer, sale, purchase, or receipt of Hemp or Hemp Products must be properly documented. 

A Licensee selling or transferring Hemp or Hemp Products must include with the sale a copy of 

the test results verifying the acceptable hemp THC levels and a copy of the seller’s license. The 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Licensee selling or transferring Hemp or Hemp Products must also record all other sale 

information, including date, time, prices, weight, sale or transfer location, and the buyer or 

receiver’s License number if Licensed under a USDA approved plan or by the USDA. 

A Licensee purchasing or receiving Hemp or Hemp Products must receive with the Hemp or Hemp 

Products a copy of the seller’s license under a USDA-approved plan or USDA license and a copy 

of the Hemp or Hemp Products test results verifying the acceptable hemp THC levels. The 

Licensee must also record all other purchase information available, such as date, time, prices, 

weight, and purchase location. 

115-30-080 License Renewal 

All Licenses issued under this Title are valid for a term of three (3) years. Upon expiration of the 

License, the Licensee may apply for a License renewal. The Licensee will be required to resubmit 

to a criminal history report using CLEAR, submit Registered Land Area information, and pay any 

applicable renewal fees. 

115-30-090 Tribal Corporations 

The Cannabis Commission is authorized to assess special, discounted, or reduced fees or to waive 

fees under this Title if the Applicant is a tribal corporation organized under Tribal law and such a 

waiver or reduction is for the health and benefit of the Tribe. 

115-30-100 Other Licenses and Business Requirements 

Licensees must maintain all other Tribal or federal required business licenses and permits and pay 

all applicable taxes. Licensees must also comply with all Tribal zoning laws and any other such 

requirements for engaging in commerce on tribal land. 

115-40 TESTING AND INSPECTION 

115-40-010 Pre-Harvest Sampling and Testing 

Within fifteen (15) days prior to the anticipated harvest of cannabis plants, the Licensee shall 

request the Cannabis Commission conduct or cause to be conducted a sampling of the flower 

materials of the Cannabis plants to be harvested as Hemp. The method used for sampling must be 

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

Cannabis to be harvested. The Licensed Grower or a representative must be present during the 

sampling. A Grower may not harvest prior to sampling. Samples taken by CCCC or representative 

from one harvest lot may not be comingled with any other samples. The Cannabis Commission 

may use sampling techniques developed by the USDA1 or may create its own sampling procedures 

if said procedures are in compliance with this section and USDA approved. Only a sampling agent 

approved and trained under USDA guidelines may sample cannabis plants. 

1 Available at https://www.ams.usda.gov/sites/default/files/media/SamplingGuidelinesforHemp.pdf 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

115-40-020 Testing Standards 

Testing facilities used to test cannabis for THC content must ensure the validity and reliability of 

the test results through quality assurance in compliance with federal rules.2 At a minimum, 

analytical testing of samples for Total THC must use reliable methods approved by the Secretary. 

The testing methodology must consider the potential conversion of delta-9 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 these requirements include, but are not limited to, gas or liquid chromatography with 

detection or post decarboxylation. Testing facilities must also be registered with the DEA. 

The total THC concentration level shall be determined and reported on a dry weight basis. 

Additionally, the measurement of uncertainty (MU) 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. A Grower may request that the sample be 

retested by the same of different laboratory using a form proscribed by the CCCC. 

115-40-030 Post-testing Procedures 

The Grower must harvest the Cannabis no more than fifteen (15) days following the sampling of 

the Cannabis harvest. Samples from one harvest lot may not be comingled with samples from any 

other plants. If the lot is not harvested within fifteen (15) days from the sampling, another preharvest sampling must be taken and tested. If the cannabis plants are harvested prior to the return 

of the test results, the cannabis plants must be kept segregated from all other harvest lots and may 

not be comingled for any purpose. Once the harvest lot is certified by the testing facility as Hemp, 

it may be sold or transferred as authorized by the Grower’s License. 

If the harvest lot fails its THC testing it may not be sold, transferred, or processed unless the 

Grower requests re-sampling or retesting and the lot passes any such subsequent tests. If the lot 

fails again after re-sapling and retesting, or if no retesting is requested, the cannabis plants from 

the failed harvest lot must be disposed of in accordance with the CSA and DEA regulation and 

may not be handled, processed or sold. Growers must notify the CCCC of their intent to dispose 

of non-compliant plants. The CCCC must also inform the AMS by electronic means, of any and 

all failed test results. Proper disposal must be documented by the Grower by submission of 

documentation to the CCCC and the CCCC must provide such documentation to the AMS. All 

test, re-test, disposal, or reporting costs are the requirement of the Licensee. 

115-40-040 Tribal Testing Facility 

The Tribe may in the future develop its own testing facility for Hemp and Hemp Products. The 

Cannabis Commission retains the right to designate any future Tribal Testing Facility as the 

primary or sole testing authority for Hemp or Hemp Products produced on Reservation as long as 

such a facility meets all requirements described in 115-40-20. 

2 Standards are available at https://www.ams.usda.gov/sites/default/files/media/TestingGuidelinesforHemp.pdf 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

115-40-050 Access and Inspections 

The CCCC has the discretion to conduct random inspections of facilities and testing of Hemp and 

Hemp Products. Besides random tests performed by the CCCC and pre-harvest testing, the CCCC 

shall perform an annual inspection at each licensed location for the growth and handling of Hemp 

or Hemp Products. The CCCC must have unrestricted access to the Licensee’s land, facilities, and 

records during normal business hours. Reports from all inspections will be made available to the 

USDA as required. Licensees or a representative are to be present during all inspections and 

testing. 

Each inspection may include an audit of a Licensee's records and data, including the system used 

by the Licensee to preserve required classes of records and data in a timely manner, using a format 

that facilitates meeting the terms and conditions of the license. All Licensees must maintain 

records regarding the sale or transfer of any Hemp or Hemp Products grown under the license. 

Any violations of this Title discovered during inspection will be subject to the penalties in Section 

115-50. 

115-40-060 Reports and Records 

The Cannabis Commission may request reports on Hemp activity from any Licensee. All 

Licensees shall submit all reports required by the Cannabis Commission in the format and by the 

due dates specified in the terms and conditions of each request. The data to be retained and 

transmitted to the CCCC by each licensee will be used by the CCCC to ensure compliance by the 

Licensee with requirements of this Title and other regulations as applicable. 

115-50 VIOLATIONS 

115-50-010 Disposal of Violative Products 

All Licensees agree to the voluntary destruction and/or disposal of plants and products produced 

in violation of this Title or exceeding the statutory limit for THC concentration. Licensees will 

either destroy or surrender all violative plants or products to the CCCC upon their discovery. 

Likewise, the CCCC shall immediately seize any violative plants or products found in the 

Licensee’s possession or on the Licensee’s property if the Licensee chooses or cannot retest the 

plants or products. Cannabis plants awaiting retesting or re-sampling may remain in the Grower’s 

possession until the results of the retest confirm compliance. Licensee must keep records of all 

hemp that has been destroyed, the date, process and make those records available to the CCCC 

upon request. If the retest results do not confirm compliance with this Title, the plants must be 

surrendered to the CCCC, law enforcement, or a DEA reverse distributor immediately. 

The disposal of the violative plants must be done in accordance with CSA and DEA regulation 21 

C.F.R. §1317 or alternate method approved by the USDA. The violative plants must first be 

collected by Federal, State, or local law enforcement or a DEA-registered reverse distributor. Each 

law enforcement agent or DEA-registered reverse distributor must, upon retrieval of violative 

plants for destruction, document such retrieval for the CCCC. The law enforcement agents and/or 

DEA-registered reverse distributor must also send confirmation upon the destruction of the 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

violative plants. The Cannabis Commission must report the Grower’s identification number, the 

lot information, destruction information, and failed test results to the USDA and must retain all 

records of retrievals and destruction for six (6) years. 

115-50-020 Negligent Violations 

Any Licensee found to be in violation of this Title by negligently failing to provide a valid legal 

description of their land, failing to obtain a license under this Title, or producing or selling products 

with a THC concentration of more than 0.3 percent on a dry weight basis if they made reasonable 

attempts to grow Hemp and the Cannabis does not have a THC concentration of over 0.5 percent 

on a dry weight basis shall be subject to a corrective action plan including: (i) a reasonable date by 

which the Licensee shall correct the violation; (ii) a plan for periodic reporting on compliance with 

this Title for a period not less than two (2) years; and (iii) any other such civil penalties decided 

by the CCCC. If a new negligent violation occurs while the original corrective action plan is in 

place, a new corrective action plan must be implemented. No negligent violation described above 

will be subject to criminal prosecution under Tribal Law. 

115-50-030 Repeat Negligent Violations 

A Licensee that negligently violates the provisions described in Section 115-50-020 three (3) times 

in any five (5) year period shall have their current license revoked and be ineligible for a License 

under Section 115-30 for a period of five (5) years beginning on the date of the third violation. 

115-50-040 Other Violations 

If a Licensee is found to be in violation of this Title in any degree greater than negligence, the 

Cannabis Commission will report the violator to the Attorney General and Tribal, Federal, or State 

law enforcement officials. Any such violators will be subject to criminal and civil penalties to the 

full extent of the law. 

115-50-050 Revocations, Suspensions, and Penalties 

The Cannabis Commission may, at its discretion, revoke or suspend any License issued under this 

Title or subject a Licensee to other civil penalties for violation of Tribal or Federal Law, this Title, 

or other rules or regulations promulgated by the CCCC. The CCCC shall issue a written notice to 

the Licensee of any revocation or suspension under this Title. The notice must contain the 

reason(s) for the decision and a date by which to appeal. Any revocation or suspension of a License 

shall be appealable to the CCCC only. The CCCC shall establish rules for appeal hearings to give 

Licensees an opportunity to be heard and to present exculpatory evidence if possible. The decision 

of the Cannabis Commission is final. 

115-60 MISCELLANEOUS 

115-60-010 Sovereign Immunity 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nothing in this Title will be construed as a waiver of the Tribe’s Sovereign Immunity or the 

Sovereign Immunity of any Tribal Corporation, Tribal Enterprise, or Subsidiary. 

115-60-020 Taxes and Fees 

The Board with the Hemp Commission shall determine appropriate taxes and fees for the activities 

described in this Title. The Hemp Commission shall maintain a tax and fee schedule which will 

be made available to Applicants and Licensees. 

115-60-030 Recordkeeping 

Unless specified elsewhere, all records required to be kept by Licensees or the CCCC shall be kept 

for a minimum of three (3) years. These records include but are not limited to: purchase and sale 

of Hemp and Hemp Products; growth and transfer of Hemp plants; test results of all Hemp and 

Hemp Products; corrective action plan compliance; and other records as required by the CCCC. 

The USDA and the CCCC must have access to all records at any time. 

115-60-040 Reports to the USDA 

The Cannabis Commission is responsible for making reports to the USDA through the AMS or 

FSA. The CCCC shall be authorized to designate authority to a representative to create and send 

all required reports to the appropriate agency. 

Upon the first of every month, the CCCC shall submit a report to the USDA as required under 7 

C.F.R § 99.70. If the first of the month falls on a weekend or holiday, the report is due by the first 

business day following the due date. The report shall be submitted using a USDA compatible 

digital format. The report shall include: for each new individual Licensee, the full name of the 

individual, license identifier, business address, telephone number, and email address (if available); 

for each new licensed entity, the report shall include full name of the entity, the principal business 

location address, EIN, license identifier, and the full name, title, and email address (if available) 

of each Key Participant; for each Licensee that was included in a previous report and whose 

reported information has changed, the report shall include the previously reported information and 

the new information; the status of each License; the period covered by the report; and an indication 

that no information has changed in the reporting cycle if applicable. 

The CCCC is also responsible for reporting total Hemp crop acreage and square footage to the 

FSA along with the GPS location of all harvest lots or handling sites. The CCCC shall do so in 

any format and frequency required by the FSA. 

The CCCC must also report as soon as practical, any occurrence of violative plants or plant 

material and providing a disposal record of those plants and materials. This report would include 

information regarding name and contact information for each Licensee subject to a disposal during 

the reporting period, and date disposal was completed. Any information required by the USDA or 

FSA shall be reported within 30 days of its receipt. 

115-60-050 Effective Date 
 

 

This code shall become effective immediately on the approval by the Secretary. The Tribe shall 

not engage in any activity contemplated herein until such a date.