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HEMP REGULATORY CODE 

TABLE OF CONTENTS

PART I. GENERAL PROVISIONS......................................................................................1

Section 6.13.01 Short Title..............................................................................................................1

Section 6.13.02 Findings and Purpose ...........................................................................................1

Section 6.13.03 Scope and Authority..............................................................................................2

Section 6.13.04 Industrial Hemp as an Agriculture Crop ............................................................2

Section 6.13.05 Jurisdiction............................................................................................................2

Section 6.13.06 Sovereign Immunity..............................................................................................3

Section 6.13.07 Exemption from Prosecution for Certain Acts ....................................................3

Section 6.13.08 Compliance with Federal Law..............................................................................3

Section 6.13.09 Savings Clause ......................................................................................................3

Section 6.13.10 Reserved.................................................................................................................3

Section 6.13.11 Definitions .............................................................................................................3

PART II. OVERSIGHT, AUTHORITY, AND THE AGRICULTURE OFFICE.................8

Section 6.13.12 Nez Perce Tribe Hemp Program ..........................................................................8

Section 6.13.13 Agriculture Office..................................................................................................8

Section 6.13.14 Reserved.................................................................................................................8

PART III. HEMP LICENSING...............................................................................................8

Section 6.13.15 General – Annual Hemp License Required.........................................................8

Section 6.13.16 License Applications .............................................................................................8

Section 6.13.17 Grow Site Registration Application...................................................................10

Section 6.13.18 Terms and Conditions Acknowledgment...........................................................10

Section 6.13.19 License Term .......................................................................................................11

Section 6.13.20 Annual Renewal ..................................................................................................11

Section 6.13.21 Ineligible for a Hemp License.............................................................................11

Section 6.13.22 Reserved...............................................................................................................12

Section 6.13.23 Revocation of a License.......................................................................................12

Section 6.13.24 Appeal of Denial of License ................................................................................12

Section 6.13.25 Fees ......................................................................................................................12

Section 6.13.26 Compliance and Enforcement ............................................................................12

Section 6.13.27 Reserved...............................................................................................................13

Section 6.13.28 Reserved...............................................................................................................13

Section 6.13.29 Reserved...............................................................................................................13

PART IV. REGISTERED LAND AREA CONTROLS........................................................ 13

Section 6.13.30 Land Use Restrictions and Site Modification....................................................13

Section 6.13.31 Location; Restrictions .........................................................................................13

Section 6.13.32 Reserved...............................................................................................................14

Section 6.13.33 Reserved...............................................................................................................14

Section 6.13.34 Reserved...............................................................................................................14

PART V. TRANSPORTATION........................................................................................... 14

Section 6.13.35 Transportation.....................................................................................................14

Section 6.13.36 Reserved...............................................................................................................14
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Section 6.13.37 Reserved...............................................................................................................14

Section 6.13.38 Reserved...............................................................................................................14

Section 6.13.39 Reserved...............................................................................................................14

PART VI. RECORDS AND REPORTS ............................................................................... 14

Section 6.13.40 Agriculture Office Reports..................................................................................14

Section 6.13.41 Retention..............................................................................................................15

Section 6.13.42 Privacy Protections .............................................................................................15

Section 6.13.43 Reporting to the USDA.......................................................................................15

Section 6.13.44 Hemp Producer/Licensee Recordkeeping and Reporting .................................17

Section 6.13.45 Reserved...............................................................................................................18

Section 6.13.46 Reserved...............................................................................................................18

Section 6.13.47 Reserved...............................................................................................................18

Section 6.13.48 Reserved...............................................................................................................18

Section 6.13.49 Reserved...............................................................................................................18

PART VII. INSPECTIONS, SAMPLING, AND TESTING................................................. 18

Section 6.13.50 Inspections...........................................................................................................18

Section 6.13.51 Lab Accreditation................................................................................................19

Section 6.13.52 Procedure for Sampling and Testing .................................................................19

Section 6.13.53 Methods for Sampling and Testing....................................................................20

Section 6.13.54 Compliance Sampling and Testing Prior to Harvest........................................20

Section 6.13.55 Post-Testing Procedures .....................................................................................22

Section 6.13.56 Federal Notice Required for Non-Compliant Test Results ..............................22

Section 6.13.57 Remediation and Disposal of Non-Compliant Plants and Hemp 

Products ...............................................................................................................22

Section 6.13.58 Reserved...............................................................................................................24

Section 6.13.59 Reserved...............................................................................................................24

PART VIII. HEMP LICENSE VIOLATIONS........................................................................ 24

Section 6.13.60 Negligent License Violations..............................................................................24

Section 6.13.61 Corrective Action Plan........................................................................................25

Section 6.13.62 Repeat Negligent Violations...............................................................................25

Section 6.13.63 Other Violations ..................................................................................................26

Section 6.13.64 Revocations, Suspensions, Penalties, and Civil Enforcement .........................26

Section 6.13.65 Reserved...............................................................................................................26

Section 6.13.66 Reserved...............................................................................................................26

PART IX. MISCELLANEOUS............................................................................................. 27

Section 6.13.67 Restrictions on Cannabis ....................................................................................27

Section 6.13.68 Reserved...............................................................................................................27

Section 6.13.69 Transfer, Sale, and Purchase of Hemp ..............................................................27

Section 6.13.70 Other Licenses and Business Requirements.....................................................27

PART X. APPENDICES ..................................................................................................... 29
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TITLE 6 • INTERGOVERNMENTAL RULES AND REGULATIONS

CHAPTER 6-13 HEMP REGULATORY CODE

PART I. GENERAL PROVISIONS

Section 6.13.01 Short Title

This document shall be cited as the “Hemp Regulatory Code.”

Section 6.13.02 Findings and Purpose

The Nez Perce Tribe (Tribe) hereby finds and declares that:

A. Article VIII, Section 1, Subsection B of the Nez Perce Tribe Constitution 

authorizes the Nez Perce Tribal Executive Committee (NPTEC), as the 

governing body of the Tribe, to engage in business activities which promote 

the economic well-being and advancement of the Tribe and its members. 

B. Industrial Hemp is a valuable agricultural crop and commodity with many 

traditional and healing properties. Hemp is a strain of Cannabis that has 

grown naturally in North America. It predates the foundation of the United 

States of America and continues to grow in the wild. Hemp was historically 

utilized for a variety of products and functions including paper, cloth, and 

rope, but its uses have greatly expanded, in more recent times. 

C. The cultivation of Hemp was a staple of American agriculture until it was 

outlawed through state law, the Marijuana Tax Act in the 1930’s, and the 

Controlled Substances Act of 1970, 21 U.S.C. § 801 et seq. (“Controlled 

Substances Act”), because Hemp is derived from the same Cannabis plant as 

Marijuana. 

D. Prior to the 2018 amendments to the Controlled Substances Act, contained in 

the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), the 

Controlled Substances Act classified Hemp as a Schedule I drug and 

prohibited any possession or use of Hemp except in the course of federally 

approved research projects. The Controlled Substances Act also made it 

unlawful for any person to cultivate, manufacture, distribute, dispense, or 

possess (with intent to manufacture) Hemp. 

E. The 2018 Farm Bill also amended the Agricultural Marketing Act of 1946 (7 

U.S.C. § 1621 et seq.) by adding Subtitle G entitled “Hemp Production,” 

which now allows the Tribe’s controlled cultivation of Hemp in accordance 

with that Act, and a Tribal Hemp Plan approved by the Secretary of 

Agriculture. 

F. The Tribe has decided to open specific lands within its jurisdiction to the 

cultivation, Processing, and distribution of Hemp by ratifying this Plan and 
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submitting it to the United States Department of Agriculture (USDA) for 

approval.

Section 6.13.03 Scope and Authority

A. The Nez Perce Tribe shall have rulemaking, regulatory and taxing authority 

over the commerce of, including but not limited to the growth, cultivation, 

processing, marketing, production, and sale, of hemp and hemp products 

within its territorial boundaries by any persons.

B. Nothing in this Hemp Regulatory Code (Code) or in the license process 

indicates any guarantee by the Tribe or NPTEC regarding the economic 

viability of any specific seed, growing method, or hemp product.

C. The regulations and penalties imposed by this Code extend to any person 

within the Tribe’s Jurisdiction, whether Licensed or not.

D. Nothing in this Code shall be construed to limit the jurisdiction of the Nez 

Perce Tribe, Tribal Court, or the Tribal Police.

Section 6.13.04 Industrial Hemp as an Agriculture Crop

Hemp (also referred to as Industrial Hemp) that has no more than 0.3 percent Total 

Tetrahydrocannabinol (THC) is considered an agriculture crop on the Nez Perce 

Reservation. The Nez Perce Tribe hereby authorizes the possession, cultivation, 

transportation, production and use of Industrial Hemp and Hemp products within 

the territory of the Tribe, when those activities are licensed by the Tribe and 

conducted in full compliance with the requirements of this Code and applicable law.

Section 6.13.05 Jurisdiction

A. Territories of the Nez Perce Tribe. For purposes of the Hemp Regulatory 

Code, the Territories of the Nez Perce Tribe includes all lands within the 

exterior boundaries of the Nez Perce Reservation; all Nez Perce Tribe 

allotments, located both on and off the Nez Perce Reservation that still 

possess an Indian title; and, any lands, both on and off the Nez Perce 

Reservation, title to which is either held in trust by the United States for the 

benefit of the Nez Perce Tribe, or its members, which remain subject to 

restriction against alienation and over which the Nez Perce Tribe exercises 

jurisdiciton. The Tribe shall also have jurisdiction over E-commerce 

transactions emanating from or to the jurisdiction of the Nez Perce Tribe.

B. Consensual relations among non-Indians, the Nez Perce Tribe, and enrolled 

members of the Nez Perce Tribe or any other federally-recognized tribe. Any 

person who uses land anywhere within the exterior boundaries of the Tribe 

and any person who enters into agreements or understandings with the Tribe 

or its members and residents by commercial dealings, contracts, leases, 
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licenses, permits, intergovernmental agreements, or other arrangements, 

commercial or otherwise, shall be deemed to have entered into a consensual 

relationship with the Nez Perce Tribe or its members subject to the

regulatory and adjudicatory jurisdiction of the Nez Perce Tribe.

Section 6.13.06 Sovereign Immunity

Nothing in this Code shall be construed to waive, alter, or otherwise diminish the 

Nez Perce Tribe’s Sovereign Immunity, whether expressed or implied, by virtue of 

this Code for any and all administrative or legal action which may arrise directly or 

indirectly from the same; nor does the Nez Perce Tribe waive, alter, or otherwise 

diminish its rights, privileges, remdies, or services guaranteed by the Treaty of 

1855.

Section 6.13.07 Exemption from Prosecution for Certain Acts

No employee or Key Participant of a Licensed Hemp Business or Licensed Producer 

or Processor shall be subject to prosecution or civil penalty in the Tribal Court for 

the cultivation, production, or distribution of Hemp when acting in accordance with 

the requirements of this Code and applicable Tribal and federal law.

Section 6.13.08 Compliance with Federal Law

Nothing in this Code authorizes any Person to violate any Federal law or 

regulation.

Section 6.13.09 Savings Clause

In the event that any phrase, provision, part, paragraph, subsection, or section of 

this Code is found by a court of competent jurisdiction to violate the Constitution or 

laws of the Tribe or any federal law, such phrase, provision, part, paragraph, 

subsection or section shall be considered to stand alone and be deleted from this 

Code. The entirety of the balance of this Code shall remain in full and binding force 

and effect.

Section 6.13.10 Reserved

Section 6.13.11 Definitions

Within this Hemp Regulatory Code, the following definitions apply:

A. Acceptable Hemp THC Level means when a laboratory tests a sample, it 

must report the Total Delta-9 Tetrahydrocannabinol (THC) 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 this hemp plan is when the application of the 

measurement of uncertainty to the reported Total Delta-9 

Tetrahydrocannabinol content concentration level on a Dry Weight Basis 

produces a distribution or range that includes 0.3% or less. For example, if 
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the reported Total 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” affects neither the federal 

statutory definition of hemp, 7 U.S.C. §1639o(1), in the 2018 Farm Bill nor 

the definition of “marihuana,” 21 U.S.C. § 802(16), in the Controlled 

Substances Act.

B. Agriculture Office means the Nez Perce Tribal office, program, agency, 

commission, or department responsible for the oversight and implementation 

of the Hemp Regulatory Code as designated by the NPTEC.

C. AMS means the Agricultural Marketing Service (AMS) under the U.S. 

Department of Agriculture (USDA), which administers programs that create 

domestic and international marketing opportunities for U.S. producers of 

food, fiber, and specialty crops.

D. Applicant means a person, or a person who is authorized to sign for a 

business entity, who submits an application to participate in the Nez Perce 

Tribe Hemp Program.

E. 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 been determined.

F. Commercial Sales means the sale of a product in the stream of commerce at 

retail or at wholesale, including sales on the Internet.

G. Consumable Product means a Hemp Product intended for human or 

animal consumption.

H. Cultivate means to plant, water, grow, or harvest a plant or crop.

I. DEA means the United States Drug Enforcement Administration. 

J. Decarboxylated means the completion of the chemical reaction that 

converts THC-acid into Delta-9 Tetrahydrocannabinol. The decarboxylated 

value is also calculated using a conversion formula that sums Delta-9 

Tetrahydrocannabinol and eighty-seven and seven-tenths (87.7) percent of 

THC-acid. 

K. Delta-9 Tetrahydrocannabinol or THC means delta-9-

tetrahydrocannabinol concentration (the primary intoxicating component of 

Cannabis). For purposes of this Plan, Delta-9 Tetrahydrocannabinol and THC 

are interchangeable. 
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L. Disposal means destroying non-compliant Hemp using one of the approved 

on-farm methods. Approved methods include plowing under, mulching / 

composting, disking, bush mowing, deep burial, and burning the noncompliant Hemp.

M. Dry Weight Basis means the ratio of the amount of moisture in a sample to 

the amount of dry solid in a sample. In the case of Cannabis, a 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.

N. FSA means the Farm Service Agency (FSA), which is an agency under the 

U.S. Department of Agriculture (USDA) that serves all farmers, ranchers and 

agricultural partners through the delivery of effective, efficient agricultural 

programs.

O. GPS means global positioning system.

P. Grow Site has the same meaning as Registered Land Area as that term is 

defined in this Section, below.

Q. Harvest Lot means a quantity of Hemp, of the same Variety, harvested in a 

distinct timeframe that is: (1) Cultivated in one contiguous production area 

within a Grow Site; or (2) Cultivated in a portion or portions of one 

contiguous production area within a Grow Site. Harvest Lot does not include 

a quantity of Hemp comprised of Hemp grown in noncontiguous production 

areas.

R. Harvest Lot Identifier means a unique identifier used by the Nez Perce 

Tribe to identify the Harvest Lot.

S. 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 

THC concentration of not more than three-tenths of one percent (0.3%) on a 

dry weight basis, or as otherwise defined in Federal law.

T. Hemp Crop means one (1) or more unprocessed Hemp plants or plant parts.

U. Hemp eManagement Platform (H.eM.P.) means USDA’s secure online 

system for USDA producers, states, tribes, testing laboratories, and sampling 

agents that will be used to manage and submit hemp information and 

mandatory reporting to USDA, replacing the need to submit via email, mail, 

or fax.

V. Hemp Ingredient means all derivatives, extracts, cannabinoids, isomers, 

acids, salts, and salts of isomers of any part of the Hemp plant included in 

the definition of “Hemp.”

W. Hemp Processor means any person processing, manufacturing, extracting, 

or producing Hemp Products.
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X. Hemp Producer means any person growing, cultivating, handling or 

harvesting hemp, hemp crops, hemp seeds, or hem propagules on the Nez 

Perce Reservation, and who is licensed by the Agriculture Office to Cultivate 

or Handle Hemp on the Nez Perce Reservation.

Y. Hemp Product means a finished product with an Acceptable Hemp THC 

Level, that is derived from, or made by, processing a Hemp Crop, and that is 

prepared in a form available for commercial sale. The term includes, but is 

not limited to cosmetics, personal care products, Consumable Products, cloth, 

cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product 

containing one or more Hemp Ingredients such as cannabidiol.

Z. Hemp Program means the cannabis regulatory framework established 

under this Code with respect to Hemp.

AA. Hemp Seller means any person marketing, distributing, or selling, 

wholesale or retail, hemp or hemp-based products.

BB. Industrial Hemp has the same meaning as Hemp as that term is defined in 

this Section, above.

CC. Institution of Higher Education has the meaning assigned to it by 20 

U.S.C. § 1001.

DD. 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.

EE. Key Participant means a sole proprietor, a partner in partnership, or a 

person with executive managerial control in a corporation, limited liability 

company or any other corporate entity. This definition does not include a 

member of NPTEC who is acting in their official capacity as a Tribal leader 

except when that member exercises managerial control over Hemp 

production. 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.

FF. License means a permit issued by the Nez Perce Tribe to an individual or 

business to grow, process, manufacture, distribute or transport hemp or 

hemp-based products. A valid license means that the license is unexpired, 

unsuspended, and unrevoked.

GG. Licensee has the same meaning as Hemp Producer as that term is defined 

in this Section, above.

HH. Measurement of Uncertainty or MU means the parameter, associated 

with the results of a measurement that characterizes the dispersion of the 

valued that could reasonably be attributed to the particular quantity subject 

to measurement.
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II. NPTEC means the duly elected Nez Perce Tribal Executive Committee, 

which is the governing body of the Nez Perce Tribe.

JJ. 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 the Nez Perce Tribe or a local government entity.

KK. Process means to convert any portion of a Hemp Crop into a Hemp 

Ingredient, Hemp Product, or other marketable form.

LL. Registered Land Area means a contiguous lot, parcel, or tract of land 

registered with the Nez Perce Tribe on which a Licensee Cultivates Hemp. A 

Registered Land Area may include land and buildings that are not used to 

Cultivate Hemp.

MM. Remediation means any process by which non-compliant Hemp is rendered 

compliant. Remediation can be achieved by separating and destroying noncompliant flowers while retaining stalks, leaves, and seeds; or by shredding 

the entire hemp plant to create a homogenous “biomass.” Regardless of the 

form of Remediation used, the remediated Hemp must then be retested for 

THC compliance.

NN. THC means Tetrahydrocannabinol (the primary psychoactive component of 

Cannabis) and has the same meaning as Delta-9 THC, measured postdecarboxylation. For purposes of this Plan, Delta-9 THC and THC are 

interchangeable.

OO. THCA means Tetrahydrocannabinolic acid.

PP. Total THC means the value determined after the process of decarboxylation, 

that expresses the potential total Delta-9 Tetrahydrocannabinol content 

derived from the sum of the THC and THCA content and reported on a dry 

weight basis. This post-decarboxylation value of THC can be calculated by 

using a chromatograph technique using heat, such as gas chromatography, 

through which THCA is converted from its acid form to its neutral form, 

THC. Thus, this test calculates the total potential THC in a given sample. 

The total THC can also be calculated by using a liquid chromatograph 

technique, which keeps the THCA intact. This technique requires the use of 

the following conversion: [Total THC = (0.877 x THCA) + THC] which 

calculates the potential total THC in a given sample.

QQ. Variety means a group of plants or an individual plant that exhibits 

distinctive observable physical characteristic(s) or has a distinct genetic 

composition.
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PART II. OVERSIGHT, AUTHORITY, AND THE AGRICULTURE OFFICE

Section 6.13.12 Nez Perce Tribe Hemp Program

A. Persons desiring to Cultivate Hemp must obtain a license from the Tribe 

prior to engaging in such activity.

B. Persons seeking to Cultivate Hemp shall provide to the Agriculture Office the 

legal description and GPS coordinates sufficient for locating the Registered 

Land Area and each field, greenhouse, or structure where the Person 

Cultivates Hemp, or intends to Cultivate Hemp.

C. Notwithstanding any rule or regulation to the contrary, the inclusion of 

Hemp as an ingredient in a Consumable Product shall not by itself render the 

product misbranded or adulterated.

Section 6.13.13 Agriculture Office

The Nez Perce Tribe’s Agriculture Office shall have the complete and full authority 

necessary to fulfill its responsibilities under this Code, including but not limited to 

licensing, inspection, sampling, testing, regulation, fee scheduling, taxation, and 

enforcement.

Section 6.13.14 Reserved

PART III. HEMP LICENSING

Section 6.13.15 General – Annual Hemp License Required

Any person who would like to grow, cultivate, process, manufacture, produce, 

extract, market, distribute, or sell Hemp (including seeds and propagules) and 

Hemp Products within, or emanating from, the Nez Perce Tribe shall complete a 

license application, annually, prior to any hemp activity. The Agriculture Office 

may choose to tailor licenses differently for Hemp Producers, Hemp Processors, and 

Hemp Sellers.

Section 6.13.16 License Applications

A. LICENSE APPLICATION. The Applicant shall submit a signed, complete, 

accurate and legible application form provided by the Agriculture Office at 

least thirty (30) days prior to planting that includes the following 

information: 

1. CONTACT INFORMATION. Full name, residential address, telephone 

number, and email address;

2. BUSINESS ENTITY. If the Applicant represents a business entity, the 

full legal entity name of the business, the principal business location 

address on the Nez Perce Reservation, full name and title of the Key 

Participants, Employer Identification Number (EIN) of the business 
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entity; the full name of the Applicant who will have signing authority 

on behalf of the entity, title, and an email address of the Person with 

signing authority;

3. BACKGROUND CHECK. A completed criminal background check 

report, which includes a national search, for the Applicant on a form 

determined by the Agriculture Office demonstrating that the Applicant 

does not have any disqualifying felony drug convictions pursuant to 

Section 6.13.23 of this Code;

a. Each Applicant is required to submit fingerprints to the Nez 

Perce Tribal Police Department or other law enforcement agency 

designated by the Agriculture Office, to obtain a current 

criminal history check, proof of which must be submitted as an 

attachment to the application for licensure. 

b. Applicants must also submit a notarized attestation that the 

Applicant does not have any felony conviction relating to a 

controlled substance under state, tribal, or federal law for the 

previous ten (10) years as required by the 2018 Farm Bill, 

unless the Applicant was already licensed as a Hemp Producer 

in this Tribe prior to December 20, 2018. 

c. The Agriculture Office shall review the criminal history report 

for each Applicant to determine whether the felony ban applies. 

d. When an Applicant is a business entity, the Applicant shall 

submit, and the Agriculture Office shall review a criminal 

history report for each Key Participant in the business. 

e. Any Applicant or Licensee must report any felony conviction 

relating to controlled substances under state, Tribal, or Federal 

law to the Agriculture Office within five (5) business days of 

receiving notice of such conviction;

f. Application fees shall not cover or include the cost of the 

criminal background checks.

4. FEE. An application fee as set by the Tribe’s Agriculture Office;

5. GROW SITE REGISTRATION APPLICATION. As set forth below; 

6. ACKNOWLEDGMENT. An acknowledgment of the licensing terms 

and conditions as detailed below; and

7. OTHER. Any other information or disclosure required to be submitted 

by Federal regulation. 
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Section 6.13.17 Grow Site Registration Application

As a component of the Hemp Producer license application, each Applicant shall 

submit a Grow Site registration application on a form provided by the Agriculture 

Office for each proposed Registered Land Area in which the Applicant intends to 

Cultivate Hemp. Information submitted to the Agriculture Office must include, at a 

minimum: 

A. The street address and legal description of each field, greenhouse, building, 

or site where Hemp will be Cultivated; 

B. If Hemp is Cultivated or is intended to be Cultivated in a field:

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

approximate center of the Grow Site;

2. The number of square feet or acres of each Grow Site; and

3. A map of the production area showing clear boundaries of the Grow 

Site;

C. If Hemp is Cultivated or is intended to be Cultivated in a greenhouse or other 

building:

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

approximate entrance of the greenhouse or other building composing 

the Grow Site;

2. The approximate dimension or square feet of the greenhouse or other 

building composing the Grow Site; and

3. A map of the production area showing clear boundaries of the Grow 

Site.

D. The Agriculture Office may approve an Applicant to Cultivate an acreage or 

square footage that is equal to, greater than, or less than the acreage or 

square footage stated in the Grow Site registration application.

E. Applicants must have the legal right to produce Hemp on the Registered 

Land Area and the legal authority to grant the Agriculture Office access for 

inspection and sampling.

Section 6.13.18 Terms and Conditions Acknowledgment

By submitting an application, the Applicant acknowledges and agrees to the 

following minimum terms and conditions:

A. Any information provided to the Agriculture Office may be provided to law 

enforcement agencies without further notice to the Applicant;

B. The Applicant or Licensee shall allow and fully cooperate with any inspection 

and sampling that the Agriculture Office deems necessary;
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C. The Applicant or Licensee shall pay for any inspection and laboratory 

analysis costs that the Agriculture Office deems necessary within thirty (30) 

days of the date of the invoice, provided that the Licensee shall not be 

required to pay for more than one (1) Agriculture Office inspection and 

associated laboratory analysis costs per year for each Lot. Combining Lots is 

not permitted;

D. The Applicant or Licensee shall submit all required reports by the applicable 

due date specified by the Agriculture Office;

E. Applicants shall submit fingerprints and pay criminal background check fees 

directly to the Nez Perce Tribal Police or other law enforcement agency 

designated by the Tribe to obtain a criminal history background check report; 

and

F. The Applicant or Licensee must report any felony convictions relating to 

controlled substances under state or federal law to the Agriculture Office 

within five (5) business days of receiving notice of such conviction.

Section 6.13.19 License Term 

All licenses issued shall be valid for one (1) year from date of issuance, unless 

otherwise extended, or revoked at an earlier date pursuant to Section 6.13.21 below 

or other Agriculture Office issued rule. License numbers issued by the Agriculture 

Office will be in the format prescribed by the USDA.

Section 6.13.20 Annual Renewal 

Current and valid licenses may be renewed annually or as otherwise determined by 

the Agriculture Office by submitting a renewal application on a form provided by 

the Agriculture Office no later than thirty (30) days prior to the date of the license 

expiration. Renewal licenses shall be subject to a Background Check as detailed 

above in Section 6.13.16(A)(3).

Section 6.13.21 Ineligible for a Hemp License

A. RESTRICTIONS. Unless otherwise provided under this Code, the following 

individuals shall be ineligible for a License under this Code:

1. Any Person who is not an enrolled member of the Nez Perce Tribe or a 

resident who lives within the territorial jurisdiction of the Nez Perce 

Tribe;

2. Any Person under the age of 18 years;

3. Any Person convicted of a felony relating to a controlled substance 

under tribal, state, or federal law shall be ineligible, during the ten 

(10) year period following the date of such felony conviction.

4. Any Person who materially falsifies any information contained in their 

Hemp license application.
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5. Any Person that Negligently violates the Industrial Hemp law or 

regulations three (3) times in a five (5) year period shall be ineligible to 

participate in the Nez Perce Tribe Hemp Program for a period of five 

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

B. ENTITIES/EMPLOYEES. Licensees cannot have primary employees or 

partners, including Key Participants and individuals with executive 

managerial control, within their Hemp production who are convicted of a 

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

the date of the application of a License, under tribal, state, or federal law.

Section 6.13.22 Reserved

Section 6.13.23 Revocation of a License

The License of a Hemp Producer shall be immediately revoked in the event that a 

Licensee (Hemp Producer):

A. Pleads guilty to, or is convicted of, any felony related to a controlled 

substance;

B. Makes any materially false statement with regard to the provisions of this 

Code to the Agriculture Office;

C. Commits any act of ineligibility within this Code; or

D. Is found to be growing Cannabis exceeding the Acceptable Hemp THC Level 

with a Culpable Mental State Greater Than Negligence.

Section 6.13.24 Appeal of Denial of License

The Nez Perce Tribe Agriculture Office shall develop and make public a process to 

hear and decide appeals of denials and revocation of licenses. 

Section 6.13.25 Fees

A. Each Applicant shall pay the application fee set by the Agriculture Office 

when submitting a Hemp Producer license application.

B. The Agriculture Office may set and collect additional fees, including license, 

renewal, and testing fees, in amounts that are reasonable and necessary to 

cover the costs of administering and enforcing the Nez Perce Tribe Hemp 

Program.

C. Application fees shall not cover or include the cost of obtaining and 

submitting a criminal background check report. 

Section 6.13.26 Compliance and Enforcement
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A. Licenses cannot be assigned or transferred to another Person, unless first 

approved by the Agriculture Office in writing. Any transfer of License shall 

also be reported to the USDA and local FSA office.

B. Hemp Producers shall provide the Agriculture Office’s inspector complete and 

unrestricted access to all plants, parts, and seeds within a Registered Land 

Area, whether growing or harvested, and all land, buildings and other 

structures used for the Cultivation of Hemp, and all documents and records 

pertaining to the Licensee’s Hemp business. 

C. It is unlawful to transfer or sell Hemp or Hemp Products that exceed the 

Acceptable Hemp THC Level.

Section 6.13.27 Reserved

Section 6.13.28 Reserved

Section 6.13.29 Reserved 

PART IV. REGISTERED LAND AREA CONTROLS

Section 6.13.30 Land Use Restrictions and Site Modification

A. A Licensee shall not Cultivate Hemp on any site not listed in a valid 

Agriculture Office approved Grow Site registration 

B. Any Licensee that wishes to alter its Registered Land Area shall, before 

altering the Registered Land Area, submit to the Agriculture Office an 

updated legal description, GPS location, and map specifying the proposed 

alterations on a form determined by the Agriculture Office. 

C. No modifications to the Registered Land Area may be made without prior 

written approval from the Agriculture Office.

D. No Registered Land Area may be included in more than one (1) Grow Site 

registration at the same time, and no Hemp plant shall be included in more 

than one (1) Grow Site registration simultaneously. 

Section 6.13.31 Location; Restrictions

A. Any establishments which sell retail CBD products shall not be within 100 

feet of a school or other location primarily populated by minors.

B. Licensees shall ensure Hemp grows are completely segregated from any other 

crops.

C. A Licensee shall not allow unsupervised access to Hemp Grow Sites and 

manufacturing facilities.

D. A Licensee cannot employ or partner with any Person, within their Hemp 

business, convicted of a felony related to a controlled substance under tribal, 
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state, or federal law, or who would otherwise be ineligible from participating 

in the Nez Perce Tribal Hemp Program in accordance with this Code.

Section 6.13.32 Reserved

Section 6.13.33 Reserved 

Section 6.13.34 Reserved

PART V. TRANSPORTATION

Section 6.13.35 Transportation

A. The Licensee or other Person responsible for the transportation of a Hemp 

Crop must ensure that the following documentation accompanies the Hemp 

at all times during transport: 

1. A copy of the Tribe’s Hemp Producer license that corresponds to the 

Registered Land Area from which the Hemp originated;

2. A copy of the pre-harvest test results that correspond to the Harvest 

Lot in transit as identified by the Harvest Lot Identifier that 

accompanies the Hemp;

3. Destination Information; and

4. Any other documentation that may be required by the Agriculture 

Office or the USDA.

B. The 2018 Farm Bill and accompanying committee report language explicitly 

prohibits state and tribal governments from interfering with the interstate 

transportation of hemp and hemp products. The Tribe shall provide 

reciprocity to other state and tribal licenses and testing certifications for 

Hemp and Hemp Products being transported through the Nez Perce 

Reservation. Any person who possesses Hemp or Hemp Products which will 

stay within the Nez Perce Reservation must apply for a Nez Perce Tribe 

license.

Section 6.13.36 Reserved

Section 6.13.37 Reserved

Section 6.13.38 Reserved

Section 6.13.39 Reserved

PART VI. RECORDS AND REPORTS

Section 6.13.40 Agriculture Office Reports
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A. The Nez Perce Tribe’s Agriculture Office requires annual harvest, contact 

information, and disposal reports of Licensees, which may include 

information on: seed variety; field location; legal description of the land on 

which the Licensee will grow, produce, or handle Hemp (including, to the 

extent practicable, geospatial location) agricultural techniques; production 

and sales; end use of product; contact information including full name, 

telephone number, license identifier, business address or principal business 

location address, federal employer identification number (to the extent 

applicable), title, and email address (if available) of Licensee or each Key 

Participant of a Licensee; disposal records of any non-conforming plants or 

plant material disposed of in accordance with Section 6.13.56 below, 

including the name and address of the Licensee, Licensee license number, 

location information for the lot subject to disposal, information on the 

disposal agent, date that such disposal was completed, and the total acreage 

disposed; annual information including total acreage of hemp planted, total 

harvested acreage, and, if applicable, total acreage disposed; and any other 

report information deemed necessary by the Agriculture Office to which the 

Licensee has consented in the license application. 

B. To the extent required, the Agriculture Office will report and share any such 

information to the USDA’s Agricultural Marketing Service (AMS) through 

the online Hemp eManagement System (H.eM.P.), including pursuant to 7 

C.F.R. § 990.3(a)(9), in order to support the information sharing 

requirements in 7 U.S.C. § 1639q(d).

Section 6.13.41 Retention

The Agriculture Office shall maintain information on hemp licenses, license 

applications, reports provided to USDA under Section 6.13.43 below, and other 

relevant information regarding the Registered Land Area on every approved site 

which Hemp is produced, including a legal description of the land, for a period of not 

less than three (3) calendar years.

Section 6.13.42 Privacy Protections

Except as required by USDA reporting and to law enforcement, the Agriculture 

Office shall remove the following from any collected information: all personally 

identifiable information including name; physical address; drivers’ licenses; social 

security numbers; GPS coordinates; telephone numbers; email address. Such 

information shall be shielded by the Agriculture Office to the maximum extent 

permitted by law.

Section 6.13.43 Reporting to the USDA

A. Tribal Monthly USDA Producer and Disposal Report: On the first of each 

month, the Agricultural Office will submit to the USDA a report, in the 
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format compatible with USDA’s Hemp eManagement Platform (H.eM.P.), 

containing the following:

1. The time period covered by the report;

2. If applicable, an indication that there were no changes during the time 

period;

3. Contact information for each Hemp Producer;

4. A legal description of each Hemp Producer’s land, including to the 

extent practicable, geospatial location;

5. The acreage or indoor square footage dedicated to the production of 

Hemp for each Hemp Producer;

6. The license number for each Hemp Producer;

7. The status or status change and number of each Hemp Producer’s 

License, including previously reported information and new 

information;

8. If there have been any disposals that month, the report must also 

include:

a. Name and address of the Hemp Producer;

b. Hemp Producer License number;

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

practicable geospatial location) for the production area subject to 

disposal;

d. Testing results;

e. Information on the agent who handled the disposal;

f. Disposal completion date; and

g. Total acreage disposed.

B. Tribal Annual USDA Acreage Report: Annually, by December 15 of each 

year, the Agriculture Office shall report, in the format compatible with the 

USDA’s Hemp eManagement Platform (H.eM.P.), to the USDA, the following:

1. Total planted acreage;
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2. Total harvested acreage; and

3. Total acreage disposed.

C. Hemp Producer Report to FSA: After receiving a Nez Perce Tribe Hemp 

License, and in addition to providing this Report to the Tribe’s Agriculture 

Office, each Hemp Producer is responsible for submitting the following 

information to the USDA’s Hemp eManagement Platform (H.eM.P.), and will 

update the FSA and Tribe’s Agriculture Office not more than thirty (30) days 

after the date on which the information is changed:

1. Street address, and to the extent practicable geospatial location, for 

each Harvest Lot or indoor growing facility where such producer grows 

Hemp. If a Hemp Producer operates in more than one location, or is 

producing under multiple licenses, production information shall be 

provided for each location;

2. Total acreage or indoor square footage dedicated to Hemp production; 

3. Total acreage of Hemp planted, harvested, and disposed or remediated; 

and

4. License identifier number.

D. Hemp Producer Test Results Report: Each Hemp Producer will work with the 

DEA-registered laboratory that conducts the test of sample(s) of Hemp crop 

collected in accordance with the Sections below under PART VII

INSPECTIONS, SAMPLING AND TESTING from the Hemp Producer’s 

lot(s) to ensure that the test results for all such sample(s) include information 

required under 7 C.F.R. § 990.7(d) and are reported to the USDA’s Hemp 

eManagement Platform (H.eM.P.).

E. Laboratory Reporting Requirements: Laboratories conducting the “final” test 

that will be used to determine whether a pre-harvest sample is complaint 

shall report all test results—whether passing or failing—to the USDA’s 

Hemp eManagement Platform (H.eM.P.) via the “Laboratory Test Results 

Report.” 

1. Laboratories conducting testing for purposes of monitoring the THC 

concentration throughout the growing season are not subject to the 

reporting requirements. These tests throughout the growing season are 

for the Hemp Producer (Licensee) to monitor their production as it 

grows and not to comply with the pre-harvest testing requirements.

Section 6.13.44 Hemp Producer/Licensee Recordkeeping and Reporting 
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A. Hemp Producers/Licensees must report any changes of contact information to 

the Agriculture Office in writing within fourteen (14) days of the change. 

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

Hemp Producer shall submit, on a form provided by the Agriculture Office, 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 Report: At least thirty (30) days prior to harvest, each Hemp 

Producer shall file a Harvest Report, on a form provided by the Agriculture 

Office that includes:

1. A statement of intended disposition of its Hemp crop; and

2. The projected harvest date(s) and location(s) of each Variety of Hemp 

Cultivated within a Registered Land Area. A Hemp Producer must 

notify the Agriculture Office immediately of any changes in the 

reported harvest date(s) in excess of seven (7) days.

3. A Hemp Producer is not required to document the removal of male 

Hemp plants on a Harvest Report provided that the male Hemp plants 

are destroyed or utilized on the Registered Land Area prior to filing a 

Harvest Report for the remaining Cannabis plants.

D. A Hemp Producer must retain all documentation of sampling and testing for 

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

Agriculture Office upon request.

Section 6.13.45 Reserved

Section 6.13.46 Reserved

Section 6.13.47 Reserved

Section 6.13.48 Reserved 

Section 6.13.49 Reserved

PART VII. INSPECTIONS, SAMPLING, AND TESTING

Section 6.13.50 Inspections

A. The Nez Perce Tribe’s Agriculture Office shall conduct, at a minimum, an 

annual inspection of Licensees (Hemp Producers) and all Registered Land 

Areas (Grow Sites) to verify compliance with all requirements of the license 

issued and provisions of this Code.
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1. The inspections may be without prior notice and inspection visits may 

be conducted at any time during regular business hours. 

2. Inspectors and/or Sampling Agents shall be granted unrestricted 

access to the Registered Land Area(s) and all adjacent areas under the 

Licensee’s control.

3. All samples collected by the Agriculture Office shall become the 

property of the Agriculture Office and no compensation shall be owed 

by the Agriculture Office for such samples.

4. The Agriculture Office shall keep test results for all Hemp and Hemp 

Products tested for a minimum of three (3) years. 

5. The inspections may be of all Licensees or of a blindly-selected random 

sample of Licensees.

B. The provisions set forth below in PART VIII VIOLATIONS will apply to any 

Licensee found to be in violation of this Code following any inspection.

Section 6.13.51 Lab Accreditation

A. Compliance and safety testing for Hemp and Hemp Products required by this 

Code shall be conducted by independent laboratories accredited to ISO/IEC 

17025, the standard published by the International Organization for 

Standardization (the “ISO”) titled “General requirements for the competence 

of testing and calibration laboratories,” or an accreditation standard 

approved by the USDA and Tribe. All laboratories testing hemp regulated 

pursuant to this Code shall be DEA-registered after December 31, 2022.

B. Sampling and testing procedures and methods shall be conducted in 

accordance with the Sections below.

C. All final test results must be certified by a DEA-registered laboratory before 

the Hemp or Hemp Products can enter the stream of commerce.

Section 6.13.52 Procedure for Sampling and Testing

A. The Tribe will utilize the USDA Sampling Guidelines for Hemp Growing 

Facilities and the USDA Testing Guidelines for Identifying Delta-9 

Tetrahydrocannabinol Concentration in Hemp (updated Jan. 15, 2021), each 

as may be amended from time to time, for purposes of establishing 

procedures both for effectively collecting samples and for testing the Delta-9 

Tetrahydrocannabinol concentration levels of hemp produced on or sold from 

the Nez Perce Reservation, using post-decarboxylation.

1. Procedures for collecting samples from the flowering tops of plants 

which shall be approximately five to eight inches in length from the 

“main stem” (that includes the leaves and flowers), “terminal bud” 
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(that occurs at the end of a stem), or “central cola” (cut stem that could 

develop into a bud).

B. Representatives of the sampling agency shall be granted complete and 

unrestricted access during business hours to all Hemp and other Cannabis 

plants and to the Registered Land Area(s), buildings and all adjacent areas 

under the Licensee’s control used for cultivation and/or handling.

Section 6.13.53 Methods for Sampling and Testing

A. The sampling methods used under this Code must ensure that a 

representative sample is collected that represents a homogenous composition 

of the lot and must be sufficient at a confidence level of 95% that no more 

than 1% of plants would exceed the Acceptable Hemp THC level. 

B. The Total THC concentration level shall be determined and reported on a Dry 

Weight Basis, and the testing methodology shall consider the potential 

conversion of Delta-9 Tetrahydrocannabinol acid (THC-A) in hemp into THC 

and test results will measure total available THC derived from the sum of the 

THC and THC-A content. 

C. Permitted testing methodologies include gas or liquid chromatography with 

detection. 

D. The Total THC concentration level shall be determined and reported on a Dry 

Weight Basis.

E. The Agriculture Office may choose to contract for such collection and testing 

services. A contracted Sampling Agent will be trained pursuant to USDA 

requirements. Information on a contracted agent will be made available to 

Licensees. Producers may not collect samples from their own Growing 

facilities.

Section 6.13.54 Compliance Sampling and Testing Prior to Harvest

A. When referring to “sampling” in this Section, sampling means the process of 

collecting cuttings from Hemp plants for purposes of compliance testing.

B. A Hemp Producer must arrange for and ensure the sampling of each Harvest 

Lot no more than thirty (30) days prior to harvest for the purpose of ensuring 

that the Harvest Lot does not exceed the maximum permissible THC 

concentration levels on a Dry Weight Basis. Producers may not collect 

samples from their own Growing facilities.

C. Compliance and safety testing for Hemp and Hemp Products required under 

this Code shall be conducted by a DEA-registered laboratory.

D. Representative samples collected from a Harvest Lot in accordance with this 

Section shall be delivered to and tested at a DEA-registered laboratory using 

a reliable methodology for Total Delta-9 Tetrahydrocannabinol testing. Any 

such analytical testing for purposes of detecting the concentration levels of 
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THC shall comply with the standards set forth in 7 C.F.R. §§ 990.3(a)(3)(iii) 

and 990.25, including using procedures to adhere to standards of 

performance for detecting THC concentration and using a Measurement of

Uncertainty.

E. A Hemp Producer shall not remove a Harvest Lot from a Registered Land 

Area (i.e., Grow Site) that has not been sampled and tested for compliance in 

accordance with this Section.

F. Samples of Hemp plant material from one Harvest Lot shall not be 

commingled with Hemp plant material from other Harvest Lots.

G. Samples shall include the flower material from the Hemp crop for Delta-9 

Tetrahydrocannabinol concentration testing purposes.

1. Procedures for collecting samples from the flowering tops of plants 

which shall be approximately five to eight inches in length from the 

“main stem” (that includes the leaves and flowers), “terminal bud” 

(that occurs at the end of a stem), or “central cola” (cut stem that could 

develop into a bud).

H. Except for samples collected by the Agriculture Office for auditing, 

inspection, and performance-based purposes, all samples collected to 

determine compliance with these rules shall be collected by an approved 

tribal, state, local or federal law enforcement agency, or other tribal, state, 

local, or federal designated Person.

I. During a scheduled sample collection, the Hemp Producer or an authorized 

representative thereof shall be present at the Grow Site.

J. The required number and size of samples shall be determined in accordance 

with the USDA Sampling Guidelines for Hemp Producers, as amended from 

time to time.

K. Any test of a representative sampling resulting in higher than the Acceptable 

Hemp THC Level shall be conclusive evidence that the Harvested Lot 

represented by the sample is not in compliance with this Code. 

L. Harvested Lots tested and not certified by a DEA-registered laboratory at or 

below the Acceptable Hemp THC Level may not be further handled, 

processed, or enter the stream of commerce. Cannabis containing more than 

the Acceptable Hemp THC Level is prohibited to be transferred or sold and

must be disposed of in accordance with this Code. 

M. Nothing in this Section shall prevent a Hemp Producer from voluntarily 

collecting samples and testing Hemp for quality assurance and research and 

development purposes. The test results from voluntary tests performed by the 

Hemp Producer shall not be sufficient to evidence compliance with this Code. 
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N. A Hemp Producer may apply to the Agriculture Office for retesting and/or 

resampling of any non-compliant Harvest Lot within 30 days of Harvest, 

which may be approved or denied at the Agriculture Office’s discretion.

Section 6.13.55 Post-Testing Procedures

A. The Hemp Producer must harvest the Hemp Crop no more than thirty (30) 

days following the sampling of the Hemp Crop. If the Hemp Crop within a 

Harvest Lot is not harvested within thirty (30) days from the sampling, 

another pre-harvest sampling must be taken and tested.

B. If the Hemp plants are harvested prior to the return of the test results, the 

Hemp plants must be kept segregated from all other Harvest Lots and may 

not be comingled for any purpose.

C. Once the Hemp Crop is certified by the testing facility as Hemp, it may be 

sold or transferred as authorized by the Hemp Producer’s License.

Section 6.13.56 Federal Notice Required for Non-Compliant Test Results

The Agriculture Office shall promptly notify the USDA AMS Administrator of any 

occurrence of Cannabis plants or plant material that do not meet the definition of 

Hemp and will attach disposal records demonstrating the appropriate disposal of all 

of those plants and materials in the Harvested Lot from which the representative 

samples were taken.

Section 6.13.57 Remediation and Disposal of Non-Compliant Plants and 

Hemp Products

A. Hemp that tests higher than the Acceptable Hemp THC Level shall be 

remediated or disposed of by the Hemp Producer in compliance with USDA 

Guidance on Remediation and Disposal (issued Jan. 15, 2021) and all 

applicable federal, tribal, and local laws, regulations, rules, and other 

requirements.

B. REMEDIATION. Remediation can be achieved by separating and destroying 

non-compliant flowers while either retaining stalks, leaves, and seeds, or, by 

shredding the entire Hemp plant to create a homogenous biomass. 

Regardless of the form of Remediation used, the remediated Hemp must be 

retested for THC compliance.

1. Separate and Remove Flowers: The remediator must remove and 

destroy the buds, trichomes, trim, and kief from the plants within the 

non-compliant Harvest Lot. The remediator may remove the noncompliant buds, trichomes, trim, and kief by hand or by the use of a 

mechanical device that can properly remove the noncompliant buds, 

trichomes, trim, and kief.
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a. The leftover stalks, leaves, and seeds must be separated from 

the noncompliant floral material and labeled clearly and 

demarcated as “hemp for remediation purposes.” 

b. Seeds removed from non-compliant hemp during remediation 

must not be used for propagative purposes. 

c. Remediated stalks cannot leave the labeled and demarcated 

area until a test result showing compliance with the Acceptable 

Hemp THC Level is received or until the remediated stalks are 

destroyed. The resample must be taken by a Sampling Agent as 

described in the USDA’s Sampling Guidelines and as outlined in 

this Code. 

d. Any stalks that remain above the Acceptable Hemp THC Level 

after remediation and retesting shall be destroyed through any 

process outlined in this Code and the USDA Remediation and 

Disposal Guidelines (issued Jan.15, 2021). The Agriculture 

Office must verify that disposal occurred successfully.

2. Creation of Biomass: The entire non-compliant Harvest Lot, as 

reported to the USDA FSA, can be shredded to create a homogenous, 

uniform biomass, which can be achieved by shredding the noncompliant Harvest Lot through shredders, composters, or special 

mechanical equipment.

a. The biomass process must ensure that the non-compliant 

Harvest Lot is crushed, shredded, or mulched. 

b. The biomass created through this process shall be resampled 

and retested to ensure compliance before entering the stream of 

commerce in accordance with the Final Rule. Biomass that fails 

retesting is non-compliant Hemp and shall be destroyed.

c. Remediated biomass must be separated from any compliant 

hemp stored in the area and clearly labeled and demarcated as 

“hemp for remediation purposes.” All Harvest Lots subject to 

remediation should be stored, labeled, and demarcated apart 

from each other and from other compliant hemp lots stored or 

held nearby. 

d. Remediated biomass cannot leave the labeled and demarcated 

area until a test result showing compliance with the Acceptable 

Hemp THC Level is received or until the biomass is destroyed. 

e. The resample should be taken by a Sampling Agent as described 

in the USDA’s Sampling Guidelines and as outlined in this Part 

of the Code. 
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f. When resampling, a representative sample of the biomass 

should be taken for compliance purposes. The Sampling Agent 

must take biomass material from various depths, locations, and 

containers in the labeled and demarcated area to collect a 

representative sample of the material. At minimum, ~750 mL or 

three (3) standard measuring cups of biomass material should 

be collected. Sampling Agents may collect more biomass 

material based on the requirements of the testing laboratory. If 

~750 mL of material is not available, the sampling agent should 

collect enough biomass material for a representative sample. 

g. An original copy of the resample test results, or a legible copy, 

must be retained by the Licensee or an authorized 

representative and be available for inspection for a period of 

three (3) years from the date of receipt. 

h. Laboratories testing a resample must use the same testing 

protocols as when testing a standard sample of Hemp.

C. DISPOSAL. Disposal can be achieved through any process outlined in the 

USDA Remediation and Disposal Guidelines (issued Jan. 15, 2021). The 

Agriculture Office must verify that disposal occurred successfully. Disposal 

can be accomplished by:

1. Plowing a non-compliant Hemp Lot with curved plow blades that 

rotate subsoil to the surface and bury the crop below;

2. Mulching or composting field crops by cutting or blending crop with 

manure or other biomass material.

3. Disking or leveling the crop using a tow-behind disk implement to 

amend soil directly from the crop while leveling the field.

4. Commercial Bush Mower or Chopper to shred and mix vegetation to 

decompose into the soil.

5. Deep burial of crop by trenching the field and burying surface soil at a 

depth of twelve (12) inches.

6. Burning or setting fire to specific non-compliant production fields or 

biomatter piled on the field in order to clear all plant material.

Section 6.13.58 Reserved

Section 6.13.59 Reserved

PART VIII. HEMP LICENSE VIOLATIONS

Section 6.13.60 Negligent License Violations
NEZ PERCE TRIBE REVISED CODES

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TITLE 6 CH.13 HEMP REGULATORY CODE Page 25 of 29

A. A Licensee or Hemp Grower has Negligently violated the Nez Perce Tribe’s 

License requirements if they Negligently (each, a “Negligent Violation”): 

1. Failing to provide a legal description of land on which the Hemp 

Producer Cultivates Hemp;

2. Failing to obtain a License or other required authorization from the 

Agriculture Office as applicable; or

3. Producing Cannabis sativa L. with a THC concentration of more than 

the Acceptable Hemp THC Level.

B. Producers shall not receive more than one negligent violation per Growing 

Season.

C. Notwithstanding the provisions above, a Hemp Producer does not commit a 

Negligent Violation under this Section if such Hemp Producer makes 

reasonable efforts to grow Hemp, and the Cannabis does not have a Delta-9 

Tetrahydrocannabinol concentration of more than one percent (1.0%) on a 

Dry Weight Basis.

1. For the purposes of this Section, the Agriculture Office shall determine 

whether a Hemp Producer has taken reasonable efforts to grow Hemp. 

2. Reasonable efforts involve taking necessary steps and precautions to 

produce Hemp, and may include without limitation using certified 

seed, using other seed that has reliably grown compliant plants, or 

engaging in other best practices.

D. Potential Criminal Liability.

1. A Hemp Producer that negligently violates this Code shall not, as a 

result of that violation, be subject to any criminal enforcement action.

Section 6.13.61 Corrective Action Plan 

A. To correct a Negligent Violation, a Licensee shall be subject to a corrective 

action plan, which shall include:

1. A reasonable date to correct the negligent violation; 

2. A requirement to report bi-annually to the Agriculture Office regarding 

their ongoing compliance for two (2) calendar years from date of the 

Negligent Violation; and

3. A requirement that the Licensee/Hemp Producer shall be subject to an 

inspection to determine if the applicable corrective action plan has 

been implemented as submitted.

Section 6.13.62 Repeat Negligent Violations
NEZ PERCE TRIBE REVISED CODES

As Adopted through Resolution NP 21-186 AMENDED (April 12, 2022)

TITLE 6 CH.13 HEMP REGULATORY CODE Page 26 of 29

A Hemp Producer that negligently violates this Hemp Regulatory Code three (3) 

times in a five (5)-year period shall be ineligible to produce Hemp for a period of five 

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

Section 6.13.63 Other Violations

A. If the Agriculture Office determines that a Licensee on the Nez Perce 

Reservation has violated Nez Perce Tribal Hemp laws or regulations with a 

Culpable Mental State Greater than Negligence, the Agriculture Office shall 

immediately report the Licensee to:

1. The United States Attorney General or his designee; and

2. The Nez Perce Tribal Police.

B. The provisions set forth in the above Sections regarding Negligent Violations 

shall not apply to the violation in this section.

Section 6.13.64 Revocations, Suspensions, Penalties, and Civil 

Enforcement

A. The Agriculture Office may, at its discretion, revoke or suspend any License 

issued under this Code, or subject a Licensee to other civil penalties for 

violation of Nez Perce Tribe or federal law, this Code, or other rules or 

regulations promulgated by the Agriculture Office. 

B. When necessary, the Agriculture Office will investigate and/or determine 

whether a Licensee has violated any provision of this Code. If the Agriculture 

Office or its agents conclude a Licensee is in violation of this Code, it will 

determine whether a civil citation, revocation, suspension, or enforcement 

action is necessary. 

C. In the event the Agriculture Office determines a civil citation, revocation, 

suspension, or enforcement action is necessary, the Agriculture Office shall 

issue a civil citation notifying the Licensee of a violation and noting which 

part of the Code the Licensee had been found to be in violation of and serve 

the citation upon the licensee by mail and email at the physical and email 

addresses listed on the Licensees’ application filed with the Agriculture 

Office. The citation is deemed to be served upon the Licensee within three (3) 

days of mailing. The citation shall have a clearly indicated choice for the 

Licensee to either mark agreement with the citation or to mark disagreement 

and an intent to challenge the citation.

Section 6.13.65 Reserved

Section 6.13.66 Reserved
NEZ PERCE TRIBE REVISED CODES

As Adopted through Resolution NP 21-186 AMENDED (April 12, 2022)

TITLE 6 CH.13 HEMP REGULATORY CODE Page 27 of 29

PART IX. MISCELLANEOUS

Section 6.13.67 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 the Acceptable Hemp THC 

level on a Dry Weight Basis.

Section 6.13.68 Reserved

Section 6.13.69 Transfer, Sale, and Purchase of Hemp 

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

documented. A Licensee selling or transferring Hemp 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 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. 

B. A Licensee purchasing or receiving Hemp must receive with the Hemp a copy 

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

copy of the Hemp 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.

Section 6.13.70 Other Licenses and Business Requirements 

Licensees must obtain a Nez Perce Tribe Business license and maintain all other 

Nez Perce Tribe or federally required business licenses and permits and pay all 

applicable taxes. Licensees must also comply with any Nez Perce Tribe zoning laws 

and any other such requirements for engaging in commerce within the Territories of 

the Nez Perce Tribe.
NEZ PERCE TRIBE REVISED CODES

As Adopted through Resolution NP 21-186 AMENDED (April 12, 2022)

TITLE 6 CH.13 HEMP REGULATORY CODE Page 28 of 29

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NEZ PERCE TRIBE REVISED CODES

As Adopted through Resolution NP 21-186 AMENDED (April 12, 2022)

TITLE 6 CH.13 HEMP REGULATORY CODE Page 29 of 29

PART X. APPENDICES

• USDA Sampling Guidelines for Hemp (updated January 15, 2021)

• USDA Testing Guidelines for Hemp (updated January 15, 2021)
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Sampling Guidelines for Hemp 

U.S. Domestic Hemp Production Program 

Issued January 15, 2021 

Purpose: 

1. Standard and Performance-based sampling guidelines are specified for field and indoor

sampling of hemp. States and Tribes shall develop their own sampling protocols in accordance

with §990.3.

2. Samples are taken to obtain specimens for the measurement of total tetrahydrocannabinol

(THC) content, which determine whether the specimens are hemp or marijuana. The

measurements are intended to be representative of the total THC content in a “lot” of hemp crop

acreage as identified by the producer. Hemp producers may not harvest hemp prior to the hemp

being sampled for THC concentration. Testing procedures are provided in a separate guidance

document.

Scope: 

1. Samples collected under this procedure are acceptable for submission to a qualified testing

laboratory for determination of total THC concentration in hemp. After December 31, 2022, all

laboratories testing hemp under the U.S. Domestic Hemp Production Program must be registered

with the DEA in accordance with §990.3(a)(3)(iii)(H) and §990.25(g)(iii).

2. Since the THC content of hemp generally peaks as the plant ripens, the timing of when

sampling occurs is important to accurately measure total THC concentration and monitor

compliance with the USDA hemp production program. Harvest shall be completed within 30

days from sample collection.

3. Samples shall be collected only by a trained sampling agent. Sampling agents must be trained

under applicable USDA, State, or Tribal training procedures. States and Tribes must maintain

information, available to producers, about trained sampling agents. Hemp producers may not act

as sampling agents.

4. It is the responsibility of the licensed producer to pay any fees associated with sampling.

5. It is the responsibility of the sampling agent to pay any fees associated with sampling agent

training or testing.

Summary of Practice: 

1. This practice provides procedures for entering a growing area and collecting the minimum

number of plant specimens necessary to represent a homogeneous composition of the “lot” that is

to be sampled. A trained sampling agent enters a growing area, strategically examines the

growing area, establishes an approach for navigating the growing area, and collects individual

specimens of plants in order to obtain a representative sample of hemp in the designated lot.

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix A-1
2. Cuttings from each “lot” of hemp crop acreage, as identified by the producer, and submitted to 

and uniquely identified by the Farm Service Agency (FSA) per the requirements of the USDA 

hemp production program, shall be organized as composite samples. The terminology used by 

FSA to denote land areas include terms like “farm,” “tract,” “field,” and “subfield,” which are 

equivalent to AMS’s term “lot.” For the purposes of these procedures, a “lot” is a contiguous 

area in a field, greenhouse, or indoor growing structure containing the same variety or strain of 

cannabis throughout. In addition, “lot” refers to the batch of contiguous, homogeneous whole of 

a product being sold to a single buyer at a single time. The size of the “Lot” is determined by the 

producer in terms of farm location and field acreage and is to be reported as such to the FSA. 

Performance-Based Sampling Protocols: 

1. States and Tribes may develop performance-based sampling protocols. 

2. Performance-based sampling protocols may consider seed certification processes, other 

process that identify varieties that have consistently resulted in compliant hemp plants, whether 

the producer is conducting research on hemp at an institution of higher learning or that is funded 

by a Federal, State, or Tribal government, whether a producer has consistently produced 

compliant hemp plants over an extended period of time, and other similar factors. 

3. Performance-based sampling protocols may consider alternative requirements for operations 

that grow “immature” cannabis that does not reach the flowering stage. These facilities may 

grow seedlings, clones, microgreens, or other non-flowering cannabis, as determined by the State 

or Tribe. 

4. A performance-based sampling protocol must have the potential to ensure, at a confidence 

level of 95 percent, that the cannabis plants will not test above the acceptable hemp THC level of 

0.3 percent on a dry weight basis. 

5. Regardless of the specific performance-based sampling requirements developed under a State 

or Tribal plan, all samples must be collected from the flowering tops of the plant by cutting the 

top five to eight inches from the “main stem” (that includes the leaves and flowers), “terminal 

bud” (that occurs at the end of a stem), ”or “central cola” (cut stem that could develop into a bud) 

of the flowering top of the plant. 

6. States and Tribes are required to include performance-based sampling protocols in the plan 

submitted to USDA for approval if they decide to use this methodology. 

Standard Sampling Protocols: 

1. The standard sampling method must be used by all producers, except for producers operating 

under a State or Tribal plan that includes a performance-based sampling requirement. 

2. The standard sampling protocol ensures, at a confidence level of 95 percent, that no more than 

one percent of the plants in each lot would exceed the acceptable hemp THC level and ensures 

that a collected sample represents a homogeneous composition of the lot. 

3. Every lot and every producer must be sampled and tested. 

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix A-2
4. All samples must be collected from the flowering tops of the plant by cutting the top five to 

eight inches from the “main stem” (that includes the leaves and flowers), “terminal bud” (that 

occurs at the end of a stem), ”or “central cola” (cut stem that could develop into a bud) of the 

flowering top of the plant. 

5. All producers licensed directly by USDA are subject to these requirements.

Equipment and Supplies: 

1. Garden pruners/shears (Cleaned prior to and following each composite sample. Some 

examples of appropriate cleaning agents and supplies to use on garden pruners/shears are bleach, 

rubbing alcohol, steel wool, and/or sandpaper.)

2. Sample bags, paper. 

2.1. The size of the bags will depend upon the number of clippings collected per lot. 

2.2 The bags should be made from material known to be free from THC. 

3. Security tape

4. Permanent markers

5. Sample collection forms

6. GPS Unit of lot being sampled 

7. Disposable gloves – Nitrile

8. Ladder 

Sampling Guidelines: 

1. The licensee or designated employee should be present throughout the sampling process, if 

possible. 

2. Surveillance of the growing area.

2.1. The sampling agent should estimate the average height, appearance, approximate density, 

condition of the plants, and degree of maturity of the inflorescences (flowers/buds). 

2.2. The sampling agent should visually establish the homogeneity of the stand to establish that 

the growing area is of like variety. 

3.Time of Sampling: 

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix A-3
3.1. Within 30 days prior to the anticipated harvest of a designated hemp lot, an approved 

sampling agent, State or Tribally designated person or Federal, State, local, or Tribal law 

enforcement agency shall collect representative samples from such cannabis plants for THC 

concentration level testing. 

4. Field Sampling:

4.1. The licensee or designated employee should accompany the sampling agent throughout 

the sampling process, if possible. 

 5. Surveillance of the growing area.

5.1 The sampling agent should verify the GPS coordinates of the growing area as compared

with the GPS coordinates submitted by the licensee to USDA.

5.2 The sampling agent should estimate the average height, appearance, approximate density, 

condition of the plants, and degree of maturity of the inflorescences (flowers/buds). 

5.3 The sampling agent should visually establish the homogeneity of the stand to establish 

that the growing area is of like variety.

6. Time of Sampling: 

6.1 Within 30 days prior to the anticipated harvest of a lot a sampling agent should collect 

representative samples from such a lot for THC concentration level testing.

7. Field Sampling: 

7.1 For purposes of determining the number of individual plants to select for sampling, the size 

of the growing area should be considered. For sampling purposes, samples from separate lots 

must be kept separate and not be comingled. 

7.2 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 1 to 10 acres, including greenhouses, follow 

the chart in example 2 below, take cuttings of each plant, then combine to form a composite

sample.

7.3 For growing areas larger than ten (10) acres, including greenhouses, the number of plants 

that should 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. 

7.4 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 undercultivation.

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix A-4
The initial number of primary plants is estimated using: 

where p is the confidence level to detect hemp plants testing above the acceptable THC threshold 

and i is the proportion of hemp plants having THC content above the acceptable threshold. The 

values for i are based on past experience in the same or similar growing areas, and should be 

consistent with the requirements currently in the Final Rule. 

The initial primary plants estimate is adjusted by the number of acres to calculate the minimum 

number of primary plants as follows: 

where n is the minimum number of primary plants to be selected for forming a composite 

sample, n0 is the initial number of primary plants estimated using the previous formula, and N is 

the number of acres under cultivation. 

Examples 1 and 2 below describe the minimum number of samples that must be collected in 

order to meet the 95% confidence level requirements in the Final Rule. If a State or Tribal hemp 

program does not have data from a prior growing season to determine the i value, the sampling 

charts below may be utilized. State and Tribal hemp programs are free to include more rigorous 

sampling requirements, or to develop performance based requirements. 

Example 1: The initial primary plant sample size is 299 with a confidence level of 95% to detect 

hemp plants having an acceptable hemp THC level and a proportion of hemp plants having THC 

content above the acceptable threshold equal to 0.01 is considered appropriate. The adjusted 

primary plant sample sizes for fields from 11 to 173 acres in size are shown in the following 

table:

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix A-5

no= ln(l -p) 

'In-:,-( 1- i') 

1lo 

n= 
Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix A-6

Number Sample Number Sample Number Sample Number Sample 

of acres Size of acres Size of acres Size of acres Size 

11 11 40 36 75-76 61 119-120 86 ,- - ,- 12 12 41-42 37 77 62 121-122 87 :- - :-

13 13 43 38 78-79 63 123-124 88 ,- - ,- 14 14 44 39 80 -8 1 64 125 - 126 89 :~ ~ :~ 

15 15 45-46 40 82 65 127-128 90 

16 16 47 41 83-84 66 129-130 91 :~ ~ :~ 

17 17 48 42 85-86 67 131-132 92 

18-19 18 49-50 43 87 68 133-134 93 :~ ~ :~ 

20 19 51 44 88-89 69 135-136 94 

21 20 52 45 90-91 70 137-138 95 :- - :-

22 21 53-54 46 92 71 139-140 96 ,- - i23 22 55 47 93-94 72 141-143 97 :- - :-

24 23 56 48 95-96 73 144-145 98 ,- - i25-26 24 57-58 49 97-98 74 146-147 99 :~ ~ :-c 

27 25 59 50 99 75 148-149 100 

28 26 60-61 51 100-101 76 150-152 101 

29 27 62 52 102-103 77 153-154 102 :~ :~ 

30 28 63-64 53 104-105 78 155-156 103 

31-32 29 65 54 106-107 79 157-157 104 :- :-

33 30 66-67 55 108 80 159-161 105 ,- i34 31 68 56 109-110 81 162-163 106 :- :-

35 32 69-70 57 111-112 82 164-166 107 ,- i36 33 71 58 113-114 83 167-168 108 

" :-

37-38 34 72-73 59 :-

115-116 84 169-170 109 ,- 39 35 74 60 117-118 85 171-173 110 :-
Example 2: The adjusted primary plant sample sizes for fields from less than 1 to 10 acres in size 

are shown in the following table: 

7.5 Sampling agents should always walk at right angles to the rows of plants if possible, 

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

lot. If the lot is too dense for this to be possible, the sampling agent should take all reasonable 

steps to ensure that a sample is collected that represents a homogeneous composition of the lot 

by avoiding edges and thoroughfares. 

7.6 While walking through the growing area, the sampling agent should cut at least “n” 

inflorescences (the flower or bud of a plant) based on the acreage of the growing area , at random 

but convenient distances. Avoid collecting sample specimens from the borders of the 

field/greenhouse. 

7.7 The cut should be obtained from the flowering tops of plants when flowering tops are 

present, and shall be approximately five to eight inches in length from the “main stem” (that 

includes the leaves and flowers), “terminal bud” (that occurs at the end of a stem), or “central 

cola” (cut stem that develops into a bud) of the flowering top of the plant. 

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix A-7

Number anlp,le 

of acres Siz;e 

Less than l 1 

l 1 

2 - 3 3 

4 4 

5 5 

6 6 

7 7 

8 8 

9 9 

10 10 
7.8. Utilize paper sample bag(s) for collecting sample cuttings. Ensure that each bag has the 

minimum number of cuttings, n, as calculated by 7.4, or in the Example Tables 1 and 2. If one bag 

cannot accommodate the minimum number of cuttings due to lot size, the sample may be divided 

into multiple bags, but must be clearly labeled in such a way that each bag is appropriately matched 

with the corresponding lot. (i.e. For lot 101 with three corresponding sample bags: 101 1 of 3, 101 2 

of 3, 101 3 of 3.) 

7.9. Seal each bag and record the sample number or other documentation as required by the State or 

Tribe. 

7.10 A sampling protocol must have the potential to ensure, at a confidence level of 95 percent, 

that the cannabis plants will not test above the acceptable hemp THC level of 0.3 percent on a 

dry weight basis. 

8.Sample identification: 

8.1 The sampling agent should seal each bag and record the sample identification number. The 

sample should also be identified with the following information: Sampling agent contact information; 

name and contact information of the producer; producer hemp license or authorization number; date 

of sample; and lot, subfield, or other identifier as provided by the USDA Farm Service Agency; any 

other information that may be required by States, Tribes, Law Enforcement Authorities, mail 

delivery services, Customers or groups of customers. 

 

Note: In accordance with 7 CFR 1.901(e), the contents of this document does not have the force and 

effect of law and are not meant to bind the public in any way, and the document is intended only to 

provide clarity to the public regarding existing requirements under the law or agency policies. 

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix A-8
Laboratory Testing Guidelines 

U.S. Domestic Hemp Production Program 

Issued January 15, 2021 

Purpose:

1. Standard testing procedures are specified for samples taken in accordance with the Sampling 

Procedures for the USDA Hemp Production Program to measure the total delta-9 

tetrahydrocannabinol (THC) concentration levels of samples on a dry weight basis. 

2. The results are intended to measure the total THC concentration of composite hemp samples 

collected from a “lot” of hemp crop acreage designated by a hemp producer and as reported to 

USDA as required under the USDA Hemp Production Program. The purpose of the 

measurements is to determine whether the total THC concentration of the tested material is 

within the acceptable hemp THC level.

Scope:

1. Hemp grown under a USDA, State, or Tribal hemp production plan is subject to sampling and 

compliance testing for THC concentration. Certain producers, including research institutions 

and facilities growing immature plants may have different testing requirements depending on the 

applicable State or Tribal plan and regulations. 

2. Tests shall measure the total THC concentration in a sample submitted to a laboratory for 

analysis. The laboratory will perform chemical analysis on the sample using postdecarboxylation or other similarly reliable methods where the total THC concentration level 

considers the potential to convert delta-9-tetrahydrocannabinolic acid (THCA) into THC. 

3. The total delta-9 tetrahydrocannabinol concentration level shall be determined and reported on 

a dry weight basis. 

4. Laboratories shall calculate and include the Measurement of Uncertainty (MU) when they 

report THC concentration test results. “Measurement of uncertainty” is defined as “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.” 

USDA does not establish or standardize an upper or lower boundary for general use by 

laboratories to calculate a measurement of uncertainty. MU is typically not standardized, but 

rather is controlled using test methods controlled by performance standards (e.g., AOAC 

Standard Method Performance Requirements 2019.003 that can be found at 

https://www.aoac.org/resources/smpr-2019003/). 

5. Hemp testing laboratories are not required to be ISO accredited, although USDA strongly 

encourages adherence to the ISO 17025 standard. 

6. It is the responsibility of the licensed producer to pay any fees associated with testing or 

retesting.

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix B-1
Summary of Practice:

1. As required under USDA Hemp Production Program regulations, laboratories that analyze 

hemp to determine total delta-9 tetrahydrocannabinol THC should meet the following standards: 

1.1. Laboratory quality assurance protocols must ensure the validity and reliability of test results;

1.2. Analytical method selection, validation, and verification protocols must ensure that the 

testing method used is appropriate (fit for purpose) and that the laboratory can successfully 

perform the testing; 

1.3. Protocols for demonstrating testing validity must ensure consistent, accurate analytical 

performance;

1.4. Method performance specifications must ensure analytical tests are sufficiently sensitive for 

the purposes of the detectability requirements of this part; and 

1.5. Testing protocols must include an effective disposal procedure, in accordance with USDA 

guidelines, for non-compliant samples that do not meet the requirements of this part. 

1.6. 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.

1.7. Sample preparation of pre- or post-harvest sample shall require grinding of the sample to 

ensure homogeneity of plant material prior to testing.

1.8 At a minimum, analytical testing of samples for total delta-9 tetrahydrocannabinol 

concentration levels must use post-decarboxylation or other similarly reliable methods approved 

by the Secretary in writing. 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 must reflect the total available THC derived from the sum of the THC and 

THCA content. Current testing methodologies meeting these requirements include gas 

chromatography and liquid chromatography. Other methods may be approved if they meet the 

regulatory requirements.

1.9 The total delta-9 tetrahydrocannabinol concentration level shall be determined and reported 

on a dry weight basis. 

2. Laboratories should create an internal SOP specific to testing and retesting hemp and should 

have the SOP available upon request for inspection. If Sampling Agents are employed, 

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix B-2
contracted or utilized by a laboratory, the laboratory shall meet all training requirements under 

the USDA, State, or Tribal hemp production program. 

3. After December 31, 2022, laboratories approved for THC testing must also be registered with 

DEA to handle controlled substances under the Controlled Substances Act (CSA), 21 CFR part 

1301.13. 

4. In order to provide flexibility to States and Tribes in administering their own hemp production 

programs, alternative testing protocols will be considered, if they are comparable and similarly 

reliable to the baseline mandated by section 297B(a)(2)(ii) of the Agricultural Marketing Act of 

1946 and established under the USDA plan and procedures. Approval for alternative testing 

protocols must be requested of USDA in writing and approved in writing by USDA, provided 

they meet the requirements of this guidance. 

General Guidelines:

General Sample Preparation and Testing Procedures should be conducted as follows: 

1. Laboratory receives sample.

2. Dry sample to remove the majority of water.

3. Grind entire sample including leaves, seeds, twigs, and stems. 

4. Separate sample into “Test” and “Retain” specimens.

5. Package and store the “Retain” specimen(s) until needed. 

6. Analyze the “Test” specimen. 

7. Determine moisture content or dry to a consistent weight. 

8. Perform chemical analysis.

9. Calculate total THC concentration on a dry weight basis. Test results should be reported on a 

dry weight basis. 

Sample Preparation Guidelines:

Samples should be prepared for testing as follows: 

1. Once the composite sample is received by the laboratory, the laboratory should dry the 

composite sample until brittle in a manner that maintains the THC level of sample.

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix B-3
2. If it is not possible to dry the composite sample within 24 hours from the time of sample 

arrival, the sample should be held in a freezer at approximate -20°C or lower until the sample is 

dried. 

3. After the initial drying step, the laboratory should grind the entire sample including leaves, 

seeds, twigs, and stems using centrifugal rotor mill or other method as appropriate. All samples 

received should be ground, regardless of whether they consist of the initial intact material or 

“remediated” (shredded or blended) material, as allowed under USDA regulations. 

4. The laboratory should create both a “Test Specimen” and a “Retain Specimen for reanalysis 

and/or confirmation as needed.” One sample part should be selected for analysis and labeled 

''Test Specimen.” The other sample part should be marked "Retain Specimen" and should be 

packaged and stored in a secured place. The testing laboratory internal SOP should define the 

sample size and distribution of “Test Specimen” and “Retain Specimen.” 

5. Samples should be stored in secured locations, in appropriate containers (e.g., bottles, tubes, 

vials, etc.). 

6. The laboratory should then either determine moisture content or dry the test specimen to a 

consistent weight. Samples should be dried to a consistent loss (typically 5- 12% moisture 

content) so that the test can be performed on a dry weight basis, meaning the percentage of THC 

by weight, after excluding moisture from the sample. The moisture content is expressed as the 

ratio of the amount of moisture in the sample to the amount of dry solid in the sample. 

6.1. The sample can be dried to a consistent weight to remove all water and then be tested on a 

dry weight basis. If the sample is not to be extracted immediately after drying, it should be 

stored in a desiccator. 

6.2. Alternatively, the sample can be analyzed for moisture content and this moisture content can 

be factored into the total THC result to give a dry weight basis. 

 

7. Extraction of the sample should occur as soon as possible from the time of sample arrival. 

Extracts should be stored in secured locations, in appropriate containers (e.g., bottles, tubes, 

vials, etc.). 

Testing Guidelines: 

1. The laboratory will perform chemical analysis on the sample using post- decarboxylation or 

other similarly reliable methods where the total THC concentration level considers the potential 

to convert delta-9-tetrahydrocannabinolic acid (THCA) into THC. 

2. Testing methodologies meeting these requirements include those using gas chromatography 

and liquid chromatography. 

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix B-4
3. The laboratory will then calculate total THC concentration on a dry weight basis. 

Testing Methods: 

1. The total available THC, derived from the sum of the THC and THCA content, shall be 

determined and reported on a dry weight basis. 

2. Alternative testing protocols will be considered if they are comparable to the baseline 

mandated by the 2018 Farm Bill and established under the USDA plan and procedures. Approval 

to use alternative sampling and testing procedures must be requested in writing and approved in 

writing by USDA.

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

and shall evaluate measurement of uncertainty. 

4. Laboratories should meet the AOAC International standard method performance requirements 

for Quantitation of Cannabinoids in Plant Materials of Hemp (Low THC Varieties Cannabis sp.) 

(SMPR 2019.003) for selecting an appropriate method. 

5. The range of estimated uncertainty is reported as a ± value and is the same unit as the hemp 

THC threshold (e.g. +/- 0.05), following best practices for significant figures and rounding. 

6. There are resources available for defining, guiding, and calculating measurement uncertainty. 

They include the GUM, ISO, and Eurachem. Once the expanded measurement uncertainty (U) is 

determined, then the confidence interval can be calculated around a designated threshold. (i.e. 

the hemp threshold of 0.3% THC.) 

Test Results Exceeding 0.3% THC Concentration: 

1. Any sample test result where the total THC concentration of the sample is higher than the 

acceptable hemp THC level shall be conclusive evidence that one or more cannabis plants or 

plant products from the lot represented by the sample contain a THC concentration in excess of 

that allowed under the Act. 

1.1. If the results of a test conclude that the THC concentration levels of a sample are higher than 

the acceptable hemp THC level, the laboratory will promptly notify the producer and the State, 

Tribal, or Federal regulatory licensing body. 

2. Retest Procedures. 

2.1. Any hemp program licensee may request that the laboratory retest samples if it is believed 

the original THC concentration level test results were in error. 

2.2. If this occurs, the laboratory shall follow the same procedures as to conduct the initial test.

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix B-5
2.3. The licensee requesting the retest of the second sample will pay the cost of the test. 

2.4. The retest results shall be issued to the licensee requesting the retest, and a copy shall be 

provided to USDA or its agent. 

Information Sharing: 

1. Laboratories performing THC testing for compliance purposes of this program are required to 

share test results with the licensed producer, the appropriate State Department of Agriculture or 

Tribe, and USDA. Laboratories shall report all test results, whether passing or failing, to USDA 

using AMS Form 22 available here: https://www.ams.usda.gov/rulesregulations/hemp/information-laboratories. 

2. Laboratories shall indicate that a test result is for “official compliance” purposes on lab testing 

results for compliance purposes. Laboratories shall not mark test results for monitoring of THC 

levels throughout the growing season as for “official compliance” purposes. Laboratories shall 

retain a legible copy for inspection upon request of all test results for official compliance 

purposes for a period of three (3) years from date of analysis. 

3. Laboratories may provide test results to licensed producers in whatever manner best aligns 

with their business practices, but producers must be able to produce a legible copy of test results 

upon request for inspection purposes. For this reason, providing test results to producers through 

a web portal or through electronic mail, so the producer will have ready access to print the results 

when needed, is preferred. 

4. Results of testing conducted throughout the growing season for the purposes of monitoring 

THC concentration should not be submitted to USDA. Only the official test result for 

compliance testing purposes shall be submitted to the USDA. 

Testing Remediated Hemp Samples:

1. Licensees can “remediate” hemp following an initial failed test by shredding plant material in 

a product called “biomass.” In this instance, laboratories will receive samples of remediated

biomass material for retesting. 

2. For remediated testing, the laboratory shall follow the same procedures used to conduct an

initial test, as described in this document. 

3. For remediated testing, the laboratory shall follow the same reporting requirements as 

described in this document. A licensee must maintain a legible copy of the remediated test 

results, available for inspection, for a period of three years from receipt of the testing results 

provided by the laboratory. Therefore, laboratories are encouraged to provide such 

documentation to licensees. 

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix B-6
References:

ISO 17025. General requirements for the complete testing and calibration laboratories. Food and Drug Administration, Office of Regulatory 

Affairs, ORA Laboratory Manual

Volume III Section 4, Basic Statistics and Data Presentation (current version).

AOAC Standard Method Performance Requirements AOAC SMPR 2019.003; Title: Quantitation of cannabinoids in plant materials of hemp 

(low THC varieties 4 Cannabis spp.), and Official Method of Analysis 2018.11.

JCGM 100:2008, Evaluation of measurement data – Guide to the expression of uncertainty in measurement (GUM).

ISO/IEC Guide 98, Expression of Uncertainty in Measurement.

EURACHEM/CITAC Guide “Quantifying Uncertainty in Analytical Measurement” Second edition (2000). A Williams, S L R Ellison, M 

Roesslein (eds.) ISBN 0 948926 15 5. Available from the Eurachem Secretariate

E. Small and H. D. Beckstead. 1973. Common Cannabinoid Phenotypes in 350 stocks of Cannabis.

J. of Natural Products. 36(2): 144-165.

United Nations Office on Drugs and Crime: Recommended Methods for the Identification and Analysis of Cannabis and Cannabis Products. 

ISBN 978-92-1-148242-3.

Note: In accordance with 7 CFR 1.901(e), the contents of this document do not have the force and effect 

of law and are not meant to bind the public in any way, and the document is intended only to provide 

clarity to the public regarding existing requirements under the law or agency policies.

Nez Perce Tribe Revised Codes Hemp Regulatory Code Appendix B-7
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HEMP PROGRAM CERTIFICATION 

Pursuant to Section 297B(a)(2)(A)(vii) of the Agriculture Improvement Act of 2018 and 7 C.F.R. 

§ 990.3(a)(8), we certify that the Nez Perce Tribe has the resources and personnel necessary to 

carry out each of the practices and procedures identified in Section 297B(a)(2) of the Act, 7 C.F.R. 

§§ 990.3(a)(l)-(7), and this Code. 

Date: April 21, 2022 

Respectfully, 

NEZ PERCE TRIBAL EXECUTIVE COMMITTEE 

siimuel N. Penney, ck · 

-<-,-2/· .z.z 

Date 

?..__Shirley J. Allman , Secretary