Saint Regis Mohawl< Tribe 

Chief Beverly Cook 

Chief Michael Conners 

Chief Ronald Lafrance, Jr. 

Sub-Chief Kenneth Jock 

TRIBAL COUNCIL RESOLUTION Sub-Chief Agnes Jacobs 

Sub-Chief Benjamin Heme 

2021-M 

TO ADOPT THE SAINT REGIS MOHAWK TRIBE HEMP PRODUCTION 

REGULATIONS 

WHEREAS, the Saint Regis Mohawk Tribal Council (the "Tribal" Council") is the duly 

recognized governing body ofthe Saint Regis Mohawk Tribe (the "Tribe") and is responsible for 

the health, safety, education and welfare of all members ofthe Tribe; and 

WHEREAS, the Tribal Council is vested with authority to govern its territory, provide law 

enforcement, administer justice and maintain public safety, promote agriculture and economic 

development, and promote the general welfare ofthe Tribe and its members; and 

WHEREAS, in the 2018 Agriculture Improvement Act, the "Farm Bill", Congress 

authorized States and Tribes to exercise primary jurisdiction over the cultivation ofhemp through 

the adoption of regulations subject to the approval of the U. S. Department of Agriculture 

("USDA"); and 

WHEREAS, the USDA has issued federal regulations, an Interim Final Rule on October 

31, 2019 and most recently a Final Rule on January 19, 2021 that sets forth provisions under which 

the USDA will approve ofplans submitted by States and Tribes for hemp production; 

WHEREAS, the Tribe has prepared "Hemp Production Regulations" that have been 

reviewed by the Community pursuant to the Tribal Procedures Act (TCR 2013-32); 

WHEREAS, the Tribal Council seeks to promote the cultivation of hemp under these 

Regulations as a means for agricultural and economic development by tribal members and seeks 

to exercise primary jurisdiction over hemp production its Tribal Territory. 

NOW, THEREFORE BE IT RESOLVED THAT, the Tribal Council hereby adopts the 

"Saint Regis Mohawk Tribe Hemp Production Regulations" as attached; and 

NOW THEREFORE BE IT FURTHER RESOLVED THAT, the Tribal Council 

hereby approves the submittal ofthe Regulations to the U.S. Secretary ofAgriculture for approval. 

71 Margaret Terrance Memorial Way 1 Akwesasne, New York 13655 

Phone: (518) 358-2272 

www.srmt-nsn.gov 
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THE SAINT REGIS MOHAWK TRIBAL COUNCIL 

~uwl,;1, LJ_ r Beve yCook 

Tribal Chief Tribal Chief Tribal Chief 

CERTIFICATION: This is to certify that the Saint Regis Mohawk Tribal Council pursuant to the 

authority vested therein duly passed the above resolution. 

7 Michae1 Conners Ronald ranee, Jr. 

Summer Bero, Tribal Clerk 

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SAINT REGIS MOHAWK TRIBE 

HEMP PRODUCTION REGULATIONS 

I. TITLE 

These regulations shall be known and cited as the "Saint Regis Mohawk Tribe Hemp Production 

Regulations". 

II. PURPOSE, AUTHORITY AND JURISDICTION 

A. The Saint Regis Mohawk Tribal Council ("Tribal Council") adopts these Hemp Production 

Regulations ("Regulations") to establish rules to govern the production ofhemp on Mohawk Tribal 

Territory. 

B. Authority to adopt these Regulations derives from the Saint Regis Mohawk Tribe's ("Tribe") 

inherent sovereignty to regulate activities within Mohawk Tribal Territory that includes the authority 

to regulate hemp production and the Agricultural Improvement Act of2018, Pub. L. 115-334, 

December 20, 2018, 132 Stat. 4490 ("Farm Bill") and the U.S. Department ofAgriculture's 

("USDA") Final Rule (January 19, 2021)~ 86 FR 5596, recognizing a tribe's right to assume 

primary authority over hemp production. 

C. The Tribe's regulatory jurisdiction, as recognized in the USDA Final Rule, upon approval by 

USDA, extends to production ofhemp within the Tribe's territory regardless ofthe extent ofthe 

Tribe's inherent regulatory authority. 

III. DEFINITIONS 

A. The following terms and phrases used in these Regulations are arranged in alphabetical order. 

More detailed definitions ofsome technical terms are contained in the USDA Final Rule, Subchapter 

A which is adopted and incorporated by reference in these Regulations. 

1. "Acceptable hemp THC level" is when the application ofthe measurement of uncertainty to the 

reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a 

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

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

measurement ofuncertainty 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 

1 
plan compliance. This definition of"acceptable hemp THC level" affects neither the statutory 

definition ofhemp, 7 U.S.C. § 16390 (1), in the 2018 Farm Bill nor the definition of"marihuana," 

21 U.S.C. §802(16), in the CSA. 

2. "Agricultural Marketing Service" or "AMS" means the Agricultural Marketing Service ofthe 

U.S. Department ofAgriculture. 

3. "Cannabis" means a genus offlowering plants in the family Cannabaceae ofwhich 

Cannabissalivais a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. 

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

a dry weight basis has not yet been determined. 

4. "Conviction" means any plea of guilty or nolo contendere, or any finding ofguilt, except when 

the finding ofguilt is subsequently overturned on appeal, pardoned, or expunged. For purposes of 

these Regulations, a conviction is expunged when the conviction is removed from the individual's 

criminal history record and there are no legal disabilities or restrictions associated with the expunged 

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

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

original plea of guilty or nolo contendere and enter a plea ofnot guilty and the case is subsequently 

dismissed, the individual is no longer considered to have a conviction. 

5. "Corrective action plan" means a plan established by the Tribe for a licensed hemp producer to 

correct a negligent violation or non-compliance. 

6. "Criminal History Report" means the Federal Bureau oflnvestigation's Identity History 

Summary. 

7. "Culpable mental state greater than negligence" means to act intentionally, knowingly, willfully, 

or recklessly. 

8. "Decarboxylated" means the completion ofthe chemical reaction that converts THC-acid 

(THC-A) into delta-9-THC, the intoxicating component ofcannabis. The decarboxylated value is 

also calculated using a conversion formula that sums delta-9-THC and eighty-seven and seven tenths 

(87.7) percent ofTHC-acid. 

9. "Decarboxylation" means the removal or elimination ofcarboxyl group from a molecule or 

organic compound. 

10. "Delta-9 tetrahydrocannabinol" or "THC" is the primary psychoactive component ofcannabis. 

For the purposes ofthis part, delta-9 THC and THC are interchangeable. 

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11. "Disposal" means an activity that transitions a non-compliant product into a non-retrievable or 

non-ingestible fonn. Such activities include plowing, tilling, or disking plant material into the soil; 

mulching, composting, chopping, or bush mowing plant material into green manure; burning plant 

material; burying plant material into the earth and covering with soil. 

12. "Drug Enforcement Administration" or "DEA" means the United States Drug Enforcement 

Administration. 

13. "Dry weight basis" means the ratio ofthe amount ofmoisture in a sample to the amount ofdry 

solid in a sample. A basis for expressing the percentage ofa chemical in a substance after removing 

the moisture from the substance. Percentage ofTHC 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. 

14. "Entity" means a corporation,joint stock company, association, limited partnership, limited 

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

other similar organization, including any such organization participating in the hemp production as a 

partner in a general partnership, a participant in a joint venture, or a participant in a similar 

organization. 

15. "Fann Service Agency" or "FSA" is an agency ofthe United States Department of 

Agriculture. 

16. "Gas chromatography" or "GC" means a type ofchromatography in analytical chemistry used 

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

and analyzing compounds that can be vaporized without decomposition. 

17. "Geospatial location" means a location designated through a global system of navigational 

satellites used to determine the precise ground position ofa place or object. 

18. "Hemp" means the plant species Cannabis saliva L. and any part ofthat plant, including the 

seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts ofisomers, 

whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 

percent on a dry weight basis. 

19. "High-perfonnance liquid chromatography" or "HPLC" is a type ofchromatography technique 

in analytical chemistry used to separate, identify, and quantify each component in a mixture. HPLC 

relies on pumps to pass a pressurized liquid solvent containing the sample mixture through a column 

filled with a solid adsorbent material to separate and analyze compounds. 

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20. "Key participants" means a sole proprietor, a partner in partnership, or a person with executive 

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

such as a chiefexecutive officer, chiefoperating officer and chieffinancial officer. This definition 

does not include non-executive managers such as farmt field, or shift managers. 

21. "Law enforcement agency" refers to the Saint Regis Mohawk Tribal Police Department or, in 

some circumstances, a Federal, State, or local law enforcement agency. 

22. "Lot" means a contiguous area in a field, greenhouse~ or indoor growing structure containing 

the same variety or strain ofcannabis throughout the area. The term lot also means the terms 

"farm," "tract," "field," and "subfield" as these are terms are used by FSA in 7 CFR 718.2 to define 

lot. 

23. "Marijuana" or "marihuana" means all parts ofthe plant Cannabis sativa L., whether growing 

or not; the seeds thereof; the resin extracted from any part ofsuch plant; and every compound, 

manufacture, salt, derivative, mixture, or preparation ofsuch plant, its seeds or resin. The term 

'marihuana' does not include hemp, as defined in section 297 A of the Agricultural Marketing Act 

of 1946 and does not include the mature stalks ofsuch plant fiber produced from such stalks, oil or 

cake made from the seeds ofsuch plant, any other compound, manufacture, salt, derivative, mixture, 

or preparation ofsuch mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the 

sterilized seed ofsuch plant which is incapable ofgermination (7 U.S.C. 16390). "Marihuana" 

means all cannabis that tests as having a concentration level ofTHC on a dry weight basis of higher 

than 0.3 percent. 

24. "Measurement ofUncertainty (MU)" is the parameter, associated with the result ofa 

measurement, that characterizes the dispersion ofthe values that could reasonably be attributed to 

the quantity subject to measurement. 

25. ''Negligence" means the failure to exercise the level ofcare that a reasonably prudent person 

would exercise in complying with these Regulations. 

26. "Postdecarboxylation" means a value determined after the process ofdecarboxylation that 

determines the total potential delta-9 tetrahydrocannabinol content derived from the sum ofthe THC 

and THC-A content and reported on a dry weight basis. The postdecarboxylation value ofTHC can 

be calculated by using a chromatograph technique using heat, 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 postdecarboxylation value ofTHC can also be calculated by 

4 
using a high-performance liquid chromatograph technique, which keeps the THC-A intact, and 

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

27. "Produce" means to grow hemp plants for market, or for cultivation for market, in the United 

States. For purposes ofthese Regulations it also includes, but is not limited to, cultivation, 

extraction, obtaining seeds, handling hemp, storage, transportation and shipment ofhemp to market. 

28. "Remediation" refers to the process of rendering non-compliant cannabis, compliant. 

Remediation can occur by removing and destroying flower material, while retaining stalk, stems, 

leaf material, and seeds. Remediation can also occur by shredding the entire plant into a biomass 

like material, then re-testing the shredded biomass material for compliance. 

29. "Saint Regis Mohawk Tribe" or "Tribe" means the federally recognized Indian Tribe, the Saint 

Regis Mohawk Tribe with government offices in Akwesasne, New York. 

30. "Saint Regis Mohawk Tribal Police" means the law enforcement department for the Saint 

Regis Mohawk Tribe with police authority over Tribal Territory. 

31. "Secretary" means the Secretary ofthe U.S. Department ofAgriculture. 

32. "Site" or "Licensed Premises" refers to the lands included within a producer's License or 

License Agreement where it produces hemp. 

33. "Total THC" is the value determined after the process ofdecarboxylation, or the application of 

a conversion factor ifthe testing methodology does not include decarboxylation, that expresses the 

potential total delta-9 tetrahydrocannabinol content derived from the sum ofthe THC and THCA 

content and reported on a dry weight basis. This post-decarboxylation value ofTHC 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 ofthe 

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

THC in a given sample. 

35. "Tribal Territory" or "Mohawk Tribal Territory" means all lands within the territory ofthe 

Tribe and includes any other lands over which the Tribe exercises jurisdiction. It also includes 

rights-of-way and any land title to which is either held in trust by the United States for the benefit 

the Tribe or individual or held by the Tribe or individual subject to restriction by the United States 

against alienation and over which the Tribe exercises jurisdiction. 

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IV. TRIBAL HEMP COMPLIANCE OFFICE 

A. Establishment ofOffice. 

1. The Tribe hereby establishes a Hemp Compliance Officer ("HCO") within the Tribe's Cannabis 

Compliance Office to regulate hemp production and administer these Regulations. 

B. Powers and Duties ofHCO. 

1. Review, process and approve or deny all hemp production licenses. 

2. Develop policies, procedures, protocols and forms necessary to carry out these Regulations. 

3. Issue hemp licenses and take any and all actions including, but not limited to, suspension, 

revocation, renewal or non-renewal ofsuch licenses. 

4. Inspect and monitor hemp production operations, facilities and sites including sampling, testing 

and inspections. 

5. Collect and maintain all required records related to hemp production and submit all required 

reports to the Tribal Council, law enforcement agencies and the USDA. 

6. Investigate potential violations and wrongdoing associated with hemp production and report 

any potential criminal violations to the Tribe's General Counsel, law enforcement agencies and 

USDA. 

7. Enforce the regulations, impose and collect fees and/or penalties. 

8. Ensure that the Tribe's hemp program complies with all mandatory requirements in the Farm 

Bill and other applicable federal law. 

C. HCO Decisions. 

1. The HCO shall make all final administrative decisions under these Regulations including, but 

not limited to, approval and denial oflicense applications, renewal and non-renewal oflicenses, 

revocation or suspension oflicenses and issuing administrative orders to enforce these Regulations. 

2. The HCO will provide notice and an opportunity to be heard, including a hearing if necessary, 

to the affected party. 

3. The HCO will make its decisions based upon the administrative record presented and, where 

appropriate, issue its decision in writing. 

D. Tribal Court Review. 

1. Final decisions ofthe HCO may be appealed to the Saint Regis Mohawk Tribal Court (trial, not 

appellate division). 

2. The appeal shall be filed with the Tribal Court Clerk within thirty (30) days ofthe date ofthe 

HCO's decision. 

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3. The Tribal Court will review the appeal based upon the administrative record and make its 

decision based upon the "arbitrary and capricious" standard ofreview. 

4. The Tribal Court's decision shall be final and non-appealable. 

E. Fees. 

1. The HCO may collect fees that are reasonably related to the costs ofregulation including, but 

not limited to, application fees, the cost of pre-and post-harvest sampling and laboratory testing. 

2. Iffees are not paid within 30 days when such fees are due that will be considered a violation of 

the producer's license and subject the producer to penalties and enforcement provisions contained 

herein. 

V. HEMP LICENSES 

A. Licensees. 

1. All hemp producers on Tribal Territory must obtain a Tribal hemp license. Failure to obtain a 

license will subject a person to penalties and enforcement provisions contained herein. Such 

licenses are non-transferable and may not be assigned by the licensee without HCO approval and 

compliance with these Regulations. 

2. The HCO will issue hemp producer licenses to cover all hemp production activities including, 

but not limited to, cultivation, extraction, obtaining seeds, handling hemp, storage, transportation 

and shipment ofhemp to market. 

4. The HCO will develop application forms for all production license types and make those forms 

and other application information available to the public. 

B. License Applications. 

1. Applications for hemp licenses shall contain, at a minimum, the following information: 

(a) The applicant's full name, address, telephone number, and email address, ifan email address is 

available. 

(b) For Businesses, the full name ofthe business, the principal business location address, EIN or 

SSN number, the full name, title, and email address (ifavailable) ofeach individual who will be a 

Key Participant in the business. 

(c) Documentation ofthe applicant's valid legal right to the lands to be used for the proposed 

hemp site. 

(d) Street address, Lot number, legal description and, to the extent practicable, the Geospatial 

Location coordinates for each field, greenhouse, building, or site where Hemp will be produced, 

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handled, processed or stored. 

(e) If the applicant is engaged in hemp production in any other jurisdiction, information regarding 

that activity and a copy ofapplicant's license(s) in that jurisdiction. 

(t) Proofofinsurance that includes worker's compensation insurance for any employees, and 

general liability insurance. 

(g) A business plan and/or operations plan that includes at a minimum the proposed acreage or 

greenhouse or indoor square footage to be used for hemp cultivation or used for processing, type of 

activity proposed (growing or extraction), description offacility, number ofemployees, security 

plan, description ofall equipment, proposed customers for the hemp and source ofseeds. 

(h) Licenses will be issued for an initial three (3) year term and may be renewed for additional 

three (3) year terms upon reapplication by the producer and approval by the HCO. 

C. License Agreements. 

1. As part ofthe licensing process the producer shall execute a License Agreement and agree, at a 

minimum to: 

(a) Comply with all requirements in these regulations and all orders issued by the HCO with the 

understanding that failure to comply shall constitute grounds for the suspension or termination ofa 

license and may require the HCO to report such failure to the USDA, or potentially, a law 

enforcement agency for further action. 

(b) Submit all planting reports for both outdoor and indoor (greenhouse) sites within fifteen ( 15) 

days after every planting, including planting of seeds or propagules in the site that includes at a 

minimum the varieties ofhemp planted, lot identification number as listed in the License Agreement 

and primary intended use ofthe harvest ofeach planting. 

(c) Submit growing reports for each lot identification number as required by the HCO and hemp 

crop acreage to the USDA Farm Service Agency ("FSA") providing, at a minimwn the street 

address and lot identification number and, to the extent practicable, the geospatial location for each 

site or greenhouse, acreage dedicated to the production ofhemp, or greenhouse or indoor square 

footage dedicated to the production of hemp and license identifier. 

(d) Give permission to the HCO, law enforcement agencies and USDA to enter onto the licensed 

premises without cause, with or without advance notice to conduct an inspection or investigation, 

collect random samples of any Cannabis material or investigate other hemp production matters 

related to producer's facilities including access to all hemp and other Cannabis plants and seeds, 

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

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handling, and storage ofall hemp and other Cannabis plants and seeds. 

(e) Agree to forfeiture and disposal or remediation, without compensation, ofhemp that is 

produced in violation ofthese Regulations. 

(t) Not implement any change to the licensed site as designated in the License Agreement without 

prior written approval. 

(g) Not interplant hemp with any other crop without express written permission ofthe HCO. 

(h) Agree that any time hemp is in transit, a copy ofthe License and License Agreement shall be 

available for inspection upon request. 

(i) Agree to immediately notify the HCO by telephone or electronically ofany hemp-related 

interaction with a law enforcement agency and to follow-up to the HCO in writing within three (3) 

calendar days ofthat occurrence. 

G) Agree to pay all fees imposed under these Regulations. 

(k) Agree to provide to the HCO a Criminal History Report that includes all key participants. 

(I) Contact the HCO and sampling agent to arrange for the collection of samples from the flower 

material from such Cannabis plants for THC concentration level testing at least 30 days prior to the 

anticipated harvest ofhemp. The sampling cuts shall then be collected within 15 days ofanticipated 

harvest ofthe crop. 

(m) Not harvest hemp prior to the hemp being sampled and receipt ofpermission to harvest from 

the HCO and tests ofsamples are taken to obtain specimens for the measurement of 

tetrahydrocannabinol (THC) content, which determine whether the specimens are hemp or 

marijuana. 

(n) Not transport live hemp plants, viable seeds, leafmaterials, or floral materials to unapproved 

locations including trade shows, county fairs, educational or other events, or any other address not 

listed on the producer's License Agreement without the prior written approval ofthe HCO. 

(o) Not ship or transport, or allow to be shipped or transported, live hemp plants, cuttings for 

planting, or viable seeds from a variety that is currently designated by the HCO as a prohibited 

variety. 

(p) Not allow the public to access licensed premises for activities such as a maze and not allow the 

unsupervised public on sites. 

(q) Agree to restrictions by the HCO regarding location oflicensed premises and facilities near 

schools, playgrounds or other open public areas that may not be appropriate site locations. 

(r) Not transfer or assign the license to another person without the express written approval ofthe 

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HCO. 

VI. SAMPLING AND INSPECTIONS 

A. Sampling Requirements. 

1. Within 30 days prior to the anticipated harvest ofcannabis plants, a producer shall have the 

HCO's sampling agent collect samples from the producer's crop for total delta-9 

tetrahydrocannabinol concentration level testing. The sampling agent will be a person who is 

trained by the HCO to conduct sampling under USDA rules; and the Tribe shall maintain 

information, available to producers, about trained sampling agents. Producers may not collect 

samples from their lots. 

2. Samples shall be obtained from the flowering tops ofplants 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 ofa stem), or "central cola" (cut stem that 

could develop into a bud) ofthe flowering top ofthe plant. 

B. Sampling Protocol. 

1. The Tribe shall utilize the Standard Sampling Protocol in the "Sampling Guidelines for Hemp 

U.S. Production Program issued January 15, 2021" (attached as "Attachment A"). 

2. During a scheduled sample collection, the producer or an authorized representative ofthe 

producer shall be present at the growing site ifpossible. 

3. Sampling agents shall be provided with complete and unrestricted access during business hours 

to all hemp and other cannabis plants (whether growing or harvested), to areas where hemp is grown 

and stored, and to all land, buildings, and other structures used for the cultivation, handling, and 

storage ofall hemp and other cannabis plants, and all locations listed in the producer license. 

4. A producer shall not harvest the cannabis crop prior to samples being taken. 

C. Inspections. 

1. The HCO shall conduct annual inspections ofa random sample of no less than 10% of all 

producers to verify that hemp is not produced in violation ofthese Regulations. 

VII. TESTING 

A. General Requirements. 

1. Laboratory testing ofsamples will be conducted so that the HCO is able to accurately identify 

whether the sample contains a total delta-9 tetrahydrocannabinol content concentration level that 

10 
exceeds the acceptable hemp THC level are as follows. 

2. The testing procedure will include a validated testing methodology that uses postdecarboxylation or other similarly reliable methods. The testing methodology must consider the 

potential conversion ofTHCA in hemp into THC and the test result must report the total available 

THC derived from the sum ofthe THC and THCA content. Testing methodologies meeting the 

requirements ofthis Section include, but are not limited to, gas or liquid chromatography with 

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

basis. 

3. Any test ofa representative sample resulting in higher than the acceptable hemp THC level shall 

be conclusive evidence that the lot represented by the sample is not in compliance with this part and 

shall be disposed ofor remediated in accordance with Section VIII. 

4. Samples of hemp plant material from one lot shall not be commingled with hemp plant material 

from other lots. 

B. Testing Laboratories. 

1. Laboratories conducting analytical testing for purposes ofdetecting the concentration levels of 

Total THC shall meet the following requirements: 

(a) Laboratory quality assurance must ensure the validity and reliability oftest results; 

(b) Analytical method selection, validation, and verification must ensure that the testing method 

used is appropriate (fit for purpose), and that the laboratory can successfully perform the testing; 

(c) The demonstration oftesting validity must ensure consistent, accurate analytical performance; 

(d) Method performance specifications must ensure analytical tests are sufficiently sensitive for the 

purposes ofthe detectability requirements ofthis part; and 

(e) Effective disposal procedures for non-compliant samples that do not meet the requirements of 

this part. 

(t) Measurement ofuncertainty (MU) must be estimated and reported with test results. 

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

evaluate measurement ofuncertainty. 

(g) Sample preparation of pre- or post-harvest samples shall require grinding ofsamples to ensure 

homogeneity ofplant material prior to testing. Sample preparation may follow a procedure 

described by USDA. 

(h) After December 31, 2022, the Tribe shall require that only laboratories registered with the 

DEA may conduct testing under these Regulations. 

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2. The Tribe will require testing laboratories to comply with USDA reporting requirements. 

3. Laboratories shall only report formal test results that are used to determine compliance under 

these Regulations. Test results from informal testing conducted throughout the growing season shall 

not be reported to USDA. 

VIII. DISPOSAL AND REMEDIATION 

A. General Procedure. 

1. Cannabis plants exceeding the acceptable hemp THC level constitute marijuana, a schedule I 

controlled substance under the Controlled Substances Act (CSA), 21 U.S.C. 801 et seq., and 

producers must either use a DEA-registered reverse distributor or law enforcement to dispose of 

non-compliant plants or ensure the disposal ofsuch cannabis plant on site at the farm or hemp 

production facility. 

2. Producers must notify the HCO oftheir intent to dispose ofor remediate non-conforming plants 

and verify disposal or remediation by submitting required documentation. 

3. If a producer elects to perform remediation activities, an additional sampling and testing ofthe 

post-remediated crop must occur to determine THC concentration levels and determined to be within 

the acceptable range. 

B. Disposal Or Remediation Procedures. 

1. Disposal and remediation when a producer's plants are deemed non-compliant shall be 

conducted as follows: 

(a) Disposal must be conducted either by using a DEA-registered reverse distributor or law 

enforcement; or on site at the farm or hemp production facility. 

(b} The Tribe will provide procedures to verify the disposal or remediation ofthe cannabis plant. 

This may be done in the form ofin-person verification by the HCO or alternative requirements that 

direct growers to provide pictures, videos, or other proofthat disposal or remediation occurred 

successfully. (Disposal and remediation means are described at AMS's website}. 

(c) Ifa producer elects to perform remediation activities, an additional sampling and testing ofthe 

post-remediated crop must occur to determine THC concentration levels and determined to be within 

the acceptable range. 

IX. VIOLATIONS AND ENFORCEMENT 

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A. Responsibility Of Producer After Laboratory Testing Is Performed. 

1. The producer shall harvest the crop no later than thirty (30) days after the date ofsample 

collection. 

2. Ifthe producer fails to complete harvest within thirty (30) days ofsample collection, a second 

pre-harvest sample ofthe lot shall be required to be submitted for testing. 

3. Harvested lots ofhemp plants shall not be commingled with other harvested lots or other 

material. 

4. Lots that meet the acceptable hemp THC level may enter the stream of commerce. 

5. Lots that do not meet the acceptable hemp THC level are subject to Sections B-E, below. 

6. Any producer may request additional pre-harvest testing if it is believed that the original total 

delta-9 tetrahydrocannabinol concentration level test results were in error. Additional testing may 

be conducted by the laboratory that conducted the initial test, or another laboratory. 

B. Non-Compliant Cannabis Plants. 

1. Cannabis plants exceeding the acceptable hemp THC level constitute marijuana, a schedule I 

controlled substance under the Controlled Substances Act (CSA), 21 U.S.C. 801 et seq., and 

producers must either use a DEA-registered reverse distributor or law enforcement to dispose of 

non-compliant plants or ensure the disposal of such cannabis plant on site at the farm or hemp 

production facility. 

2. Producers must notify the HCO oftheir intent to dispose ofor remediate non-conforming plants 

and verify disposal or remediation by submitting required documentation. 

3. Ifa producer elects to perform remediation activities, an additional sampling and testing of the 

post-remediated crop must occur to determine THC concentration levels and determined to be within 

the acceptable range .. 

C. Violations. 

I. Violations ofthis part shall be subject to enforcement in accordance with the terms ofthis 

section. 

(a) Negligent violations. Hemp producers are not subject to more than one negligent violation 

per calendar year. A hemp producer shall be subject to enforcement for negligently: 

(I) Failing to provide an accurate legal description ofland where hemp is produced; 

(2) Producing hemp without a license; and 

(3) Producing cannabis exceeding the acceptable hemp THC level. Hemp producers do not commit 

a negligent violation under this paragraph (a) if they make reasonable efforts to grow hemp and the 

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cannabis does not have a total THC concentration of more than 1.0 percent on a dry weight basis. 

(b) Corrective action for negligent violations. For each negligent violation, the HCO will issue a 

Notice ofViolation and require a corrective action plan from the producer. The HCO shall have the 

authority to inspect those operating under a corrective action plan. The producer shall comply with 

the corrective action plan to cure the negligent violation. Corrective action plans will be in place 

for a minimum oftwo (2) years from the date of their approval. Corrective action plans will, at a 

minimum, include: 

(1) The date by which the producer shall correct each negligent violation; 

(2) Steps that will be taken to correct each negligent violation; and 

(3) The periodic reporting procedures a producer must follow to demonstrate to the HCO 

compliance with the corrective action plan for a period ofnot less than two years. 

(c) Negligent violations and criminal enforcement. A producer who negligently violates this part 

shall not, as a result ofthat violation, be subject to any criminal enforcement action by any Federal, 

State, Tribal, or local government. 

(d) Subsequent negligent violations. If a subsequent negligent violation occurs while a 

corrective action plan is in place, a new corrective action plan must be submitted with a heightened 

level ofquality control, staff training, and quantifiable action measures. 

(e) Negligent violations and license revocation. A producer that negligently violates these 

regulations pursuant to 990.6 (c) (4) 3 times in a 5-year period shall have their license revoked and 

be ineligible to produce hemp for a period of5 years beginning on the date ofthe third violation. 

(f) Culpable mental state greater than negligence. Ifthe HCO determines that a producer has 

violated the terms ofthe license or ofthis part with a culpable mental state greater than negligence 

the HCO shall immediately report the licensee to: 

(1) The U.S. Attorney General; and 

(2) The Tribe's General Counsel and Chief ofPolice; and 

(3) Paragraphs (a) through (e) ofthis Section shall not apply to culpable violations. 

D. License suspension. 

1. The HCO may issue a notice ofsuspension to a producer ifit receives some credible evidence 

establishing that a producer has: 

(a) Engaged in conduct violating a provision ofthis part; or 

(b) Failed to comply with a written order from the HCO related to negligence as defined in this 

part. 

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2. Any producer whose license has been suspended shall not handle or remove hemp or cannabis 

from the location where hemp or cannabis was located at the time when the HCO issued its notice of 

suspension, without prior written authorization from the HCO. 

3. Any person whose license has been suspended shall not produce hemp during the period of 

suspension. 

4. A producer whose license has been suspended may appeal that decision in accordance with 

Section IV, D. 

5. A producer whose license has been suspended and not restored on appeal may have their license 

restored after a waiting period ofone year from the date ofthe suspension. Ifthe license was issued 

more than three years prior to the date ofrestoration, the producer and any business key participants 

shall submit a new application and criminal history report to the HCO. 

6. A producer whose license has been suspended may be required to provide, and operate under, a 

corrective action plan to fully restore their license. 

E. License Revocation. 

1. The HCO shall immediately revoke the license of a producer ifsuch producer or key participant 

in producer's business: 

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

(b) Made any materially false statement with regard to this part to the HCO or its representatives 

with a culpable mental state greater than negligence; or 

(c) Is found to be growing cannabis exceeding the acceptable hemp THC level with a culpable 

mental state greater than negligence or negligently violated this part three times in five years. 

(d) Any person who materially falsifies any information contained in an application under these 

regulations shall be ineligible to participate in the Tribe's hemp program. 

F. Felonies. 

1. A person with a felony conviction relating to a controlled substance may not obtain a license 

under these regulations for ten years from the date ofthe conviction. 

2. An exception applies to a person who was lawfully growing hemp under the Agricultural Act of 

2014 before December 20, 2018 and whose conviction also occurred before that date. 

X. REPORTING AND RECORDKEEPING 

A. Hemp Producer Report. 

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1. The Tribe will submit to the USDA, by the first ofeach month, a report providing the contact 

information and the status oflicenses or other authorization issued for each producer covered under 

these Regulations. Ifthe first ofthe month falls on a weekend or holiday, the report is due by the 

first business day following the due date. The report will be submitted using a digital format 

compatible with USDA's information sharing systems, whenever possible. 

2. The Tribe's report will contain the following information: 

(a) For each new producer who is an individual and is licensed or authorized under these 

Regulations, the full name of the individual, license or authorization identifier, business address, 

telephone number, and email address (ifavailable). 

(b) For each new producer that is an entity and is licensed or authorized under these regulations, 

the full name ofthe entity, the principal business location address, license or authorization identifier, 

and the full name, title, and email address (if available) of each employee for whom the entity is 

required to submit a criminal history record report. 

(c) For each producer that was included in a previous report and whose reported information has 

changed, the previously reported information and the new information. 

(d) The status of each producer's license or authorization. 

(e) The period covered by the report. 

(t) Indication that there were no changes during the current reporting cycle, if applicable. 

B. Hemp Disposal And Remediation Report. 

1. Ifa producer has produced cannabis exceeding the acceptable hemp THC level, the cannabis 

must be disposed ofor remediated. 

2. The Tribe shall submit to USDA, by the first ofeach month, a report notifying USDA ofany 

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

record ofthose plants and materials. This report will include information regarding name and 

contact information for each producer subject to a disposal or remediation during the reporting 

period, and date disposal or remediation was completed. Ifthe first ofthe month fall on a weekend 

or holiday, reports are due by the first business day following the due date. 

3. The report shall contain the following information: 

(a) Name and address ofthe producer. 

(b) Producer license or license identifier. 

(c) Location information, such as lot number, location type, and geospatial location or other 

location descriptor for the production area subject to disposal or remediation. 

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(d) lnfonnation on the agent handling the disposal or remediation. 

(e) Disposal or remediation completion date. 

(t) Total acreage. 

C. Annual Report. 

1. The Tribe will submit an annual report to USDA by December 15 ofeach year that contains the 

following infonnation: 

(a) Total planted acreage. 

(b) Total harvested acreage. 

(c) Total acreage disposed and remediated 

D. Test Results Report. 

1. Each producer must ensure that the laboratory that conducts the test ofthe samples from its lots 

reports the test results for all samples tested to the HCO and USDA. Informal testing conducted 

throughout the growing season for purposes ofmonitoring THC concentration do not need to be 

reported to the HCO. 

2. The test results report shall contain the following information: 

(a) Producer's license or license identifier. 

(b) Name ofproducer. 

(c) Business address ofproducer. 

(d) Lot identification number for the sample. 

(e) Name oflaboratory and, after December 31, 2022, the DEA registration number oflaboratory 

for testing. 

(t) Date oftest and report. 

(g) Identification of a retest. 

(h) Test result. 

E. Producers Report To FSA. 

1. All licensed producers shall report hemp crop acreage to the FSA and provide, at a minimum, 

the following information: 

(a) Street address and, to the extent practicable, geospatial location for each lot or greenhouse 

where hemp will be produced. Ifan applicant operates in more than one location, or is producing 

under multiple licenses, production infonnation shall be provided for each location. 

(b) Acreage dedicated to the production ofhemp, or greenhouse or indoor square footage 

dedicated to the production of hemp. 

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(c) License or authorization identifier in a format prescribed by USDA. 

F. Procedure To Collect And Share Information with USDA. 

1. The Tribe agrees to the following procedure to collect and share information with the USDA to 

comply with 7 U.S.C. §1639q(d). 

(a) All producers will report their crop acreage to the FSA consistent with the requirements of 7 

CFR 990.7. 

(b) The HCO will assign a license identifier for each producer in a format prescribed by the 

USDA. 

(c) All producers will report the total acreage ofhemp planted, harvested, and, if applicable, 

disposed or remediated. That information will be collected by the Tribe and reported to the AMS. 

XI. MISCELLANEOUS 

A. Certification By Tribe 

1. The Tribe certifies that it has the resources and personnel to carry out the practices and 

procedures described in these Regulations. 

B. Amendment OfRegulations 

1. These Regulations may be amended by the Tribal Council under the provisions ofthe Tribal 

Procedures Act that includes notice to, and review by, the Community. Ifthe Tribe makes 

substantive revisions to these Regulations or its laws which alter the manner in which the 

Regulations meet USDA requirements, the revisions must be submitted to the USDA for approval. 

The Regulations may be amended with the USDA at any time. 

C. Effective Date 

1. These Regulations shall be effective upon it adoption by the Tribal Council and approval by the 

Secretary ofthe United States Department ofAgriculture. 

D. Severability 

1. The provisions in these Regulations shall be severable and if any part or provision shall be held 

void by any Court the decision so holding shall not affect any ofthe remaining parts. 

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