PAUMA BAND OF LUISENO INDIANS

USDA TRIBAL HEMP PLAN

MARCH 2021
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

The Pauma Band of Luiseno Indians are a Federally recognized Indian Tribe. The Farm Bill of 

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

Self Determination and Education Assistance Act (25 U.S.C. 5304). The Pauma Band of 

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

production of Hemp as defined in the Farm Bill of 2018. The Pauma Band of Luiseno Indians 

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

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

Hemp as an agriculture commodity in compliance with federal and Tribal laws. The Pauma 

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

United States Department of Agriculture (USDA). 

The Pauma Band of Luiseno Indians Administrative offices are located on the Pauma Band 

of Luiseno Indians Reservation in Pauma Valley, California. The Tribal Hemp Production 

Entity is the eligible entity to grow hemp, process hemp, handle hemp, and all of its key 

participants and agents operating within the jurisdiction of the reservation are bound to all 

Pauma Band of Luiseno Indians Tribal laws, including ordinances, codes, policies and 

procedures. Any Hemp related business falls under the jurisdiction of the Pauma Band of 

Luiseno Indians and must adhere to this Tribal Hemp Plan and the laws of the Tribe for 

activities occurring within the Territory of the Indian Tribe. 

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

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

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

less than 3 years.

B. Adhere to a procedure for testing, using post-decarboxylation or other similarly 

reliable methods, delta-9 tetrahydrocannabinol concentration levels of Hemp 

produced in the territory of the Indian Tribe;

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

violation of this subtitle;

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

subsection

E. Any other practice or procedure
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

SECTION 1: DEFINITIONS

“Acceptable Hemp THC Level” means when a laboratory tests a sample, it must report the 

delta-9 tetrahydrocannabinol content concentration level on a dry weight basis and the 

measurement of uncertainty. The acceptable hemp THC level for the purpose of compliance 

with the requirements of State, Tribal, or USDA hemp plans is when the application of the 

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.

“Cannabis” means a genus of flowering plants in the family Cannabaceae.

“Culpable Mental State greater than negligence” means to act intentionally, knowingly, 

willfully, or recklessly.

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

“DEA” means Drug Enforcement Administration

“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.

“Eligible Entity” means the Tribal Hemp Production Entity

“FSA” means the Farm Service Agency.

“GPS” means Global Positioning System.

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds 

thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, 

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

0.3 percent on a dry weight basis.

“Key Participant” means a person who is primarily responsible for the management, growth, or 

supervision of some part or all of the business of the Company (THPE).

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

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

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

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

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

as such to the FSA.
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

“Marijuana” means cannabis that tests as having a concentration level of THC on a dry weight 

basis of higher than 0.3 percent.

“Negligence” means the failure to exercise the level of care that a reasonably prudent person 

would exercise in complying with the rules set forth under the Tribal Hemp Plan.

“Negligent Threshold” means the threshold under which a producer is not considered to have 

committed a negligent violation if he/she made reasonable efforts to grow hemp and the 

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

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

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

means and thereby render the substance unavailable and unusable for its original purpose. A 

substance is considered “non-retrievable” when it cannot be transformed to a physical or 

chemical condition or state as a controlled substance or controlled substance analogue.

“Person” means a natural person, corporation, foundation, organization, business trust, estate, 

limited liability company, licensed corporation, trust, partnership, limited liability partnership, 

association, or other form of legal business entity, as well as a tribal, state or local government 

entity.

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

or other marketable form.

“Remediation” means any process by which non-compliant hemp is rendered compliant. 

Remediation can be achieved by separating and destroying non-compliant flowers while 

retaining stalks, leaves, and seeds; or by shredding the entire hemp plant to create a 

homogenous “biomass” that can be retested for THC compliance.

“Reservation” means within the Territory of the Indian Tribe as defined in 7 CFR 990.1.

“Registered land area” means a contiguous lot, parcel, or tract of land registered with the 

Pauma Band of Luiseno Indians on which a licensee may cultivate Hemp. A registered land area 

may include land and buildings that are not used to cultivate Hemp.

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

“Tribe” means the Pauma Band of Luiseno Indians

“Tribal Hemp Regulation Commission” means The Tribal entity accepting regulatory oversight of 

this Plan and all applicable regulations as a government agency of the Tribe. 
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

“Tribal Hemp Production Entity” means the Tribally designated arm of the Tribe authorized to 

produce and handle hemp.

“USDA” means the United States Department of Agriculture

SECTION 2: USDA PLAN REQUIREMENTS

A: Maintain relevant information regarding land on which Hemp is produced in territory of the 

Indian Tribe, including legal description of the land for a period of not less than 3 years.

Hemp Production and Record Keeping

The Tribe will collect, maintain and provide the USDA with contact information for key 

participants in the Tribal Hemp Production Entity. The Tribe will ensure the annual crop report 

is submitted to FSA. The Tribe will maintain and report to USDA the status of the Tribal Hemp 

Production Entity and any changes to the key participants. 

1. A legal description of the land on which hemp will be produced on the Reservation, 

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

2. All records and reports shall be maintained by the Tribe for at least three (3) years.

3. The Tribe will report crop acreage to the FSA with the Tribal Hemp Production 

authorization code; and

4. The Tribe will submit the required monthly USDA reports in accordance with 

990.70(a)"

The only eligible entity under this Plan is the Tribal Hemp Production Entity. The Tribe will 

provide the full name of the entity, entity EIN number, the principal business location address, 

authorization identifier, and the full name, title, and email address of each key participant.

Key participants representing and/or working for the THPE must have no felony convictions 

within past 10 years. 

The Tribe will issue a Tribal Hemp License Number to the THPE and will collect: Current 

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

land identifier used by Tribe. 
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

B: Adhere to a procedure for testing, using post-decarboxylation or other similarly reliable 

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

of the Indian Tribe.

Procedure for Testing and Sampling

Tribal Inspections of Hemp Growing Sites:

(a) The Tribal Regulatory Commission will conduct site visits for inspections of Hemp grown 

to ensure compliance with Tribal Hemp Ordinance and verify Hemp is not produced with 

any violations.

(b) Inspections will be completed no less than one time annually and can be completed 

randomly and without notice.

(c) The Tribe will have unrestricted access to the registered land area(s) and accompanying 

facilities.

Testing

1. After December 31, 2022, the Tribe will require the testing labs to be DEA registered.

2. In the meantime, the Tribe will utilize ISO 17025 accredited testing laboratories. 

3. Testing methods for THC concentration will use:

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

into THC and report on a dry weight basis.

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

c. Post decarboxylation or other similarly reliable method will be used. 

4. The lab will use the measurement of uncertainty to determine the confidence interval 

around the THC threshold level of 1%. The measurement of uncertainty is included in 

the calculation for determining the acceptable hemp THC level. The measurement of 

uncertainty and the % of THC in each test will be reported on the USDA Laboratory Test 

Results Page 

5. Sample preparation of pre- or post-harvest samples shall require grinding of sample to 

ensure homogeneity of plant material prior to testing.

6. Any test of a representative sample resulting in higher than the acceptable hemp THC 

level shall be conclusive evidence that the lot represented by the sample is not in 

compliance with this part and shall be disposed of or remediated

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

test report shall include the: 
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

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

(2) Producer ID

(3) Producer name / Street / City / State 

(4) Sample Lot ID 

(5) Testing Date

(6) Results Reported Date

(7) Test: Initial or Re-test

(8) Result % THC

9) Measurement Uncertainty 

(10) Pass or Fail 

The lab will submit compliance testing results directly to USDA.

Sampling

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

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

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

representative sample of Hemp in the designated lot. Hemp plants must not be harvested

prior to the Hemp being sampled and tested for THC concentration. The Tribal designated 

sampler can be a Tribal employee appointed and trained by the Tribe for sampling or a 

trained sampler under contract. Producers cannot be samplers. 

1. Fees for sampling will be paid by the producer. 

2. No less than one key participant of the THPE must be present at the growing site during 

sample collection. 

3. The authorized sampler will have complete and unrestricted access during business 

hours to all Hemp plants and any land or buildings used for cultivation or handling of 

Hemp. 

4. No hemp plants can be harvested prior to samples being taken and if the crop is 

harvested prior to sampling, will result in failure to comply with the Tribal Hemp Plan, 

resulting in ineligibility for production for 1 year. 

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

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

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

comingled with Hemp plant material from other lots. 

6. The designated sampler will be provided with necessary equipment and supplies: 

a. Garden shears – appropriately cleaned 

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

c. Security tape

d. Permanent markers
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

e. Sample Collection forms

f. GPS Unit

g. Disposable gloves – nitrate

7. 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.

1. A key participant for the THPE shall accompany the sampler throughout the sampling 

process.

2. Surveillance of the lot.

2.1. The sampler shall verify the GPS coordinates of the lot as compared with the 

GPS coordinates submitted by the licensee to USDA.

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

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

meaning inflorescences (flowers/buds).

3. Time of Sampling:

3.1. Within 30 days prior to the anticipated harvest of Hemp plants, the sampler shall 

collect representative samples from such plants to be sent for THC concentration 

level testing.

4. Field Sampling:

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

sampling, the size of the lot shall be considered. For sampling purposes, samples 

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

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

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

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

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

4.3. For lots larger than ten (10) acres, including greenhouses, the number of plants 

that will be selected to form a composite sample is based upon the Codex 

Alimentarius Recommended Methods of Sampling for the Determination of 

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

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

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

estimate of primary plants by the acreage under cultivation.

4.3.2. The initial number of primary plants is estimated using where p is the 

confidence level to detect Hemp plants having THC content greater than the 

acceptable Hemp THC level and i is the proportion of Hemp plants having 
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

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

on past experience in the same or similar lots.

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

calculate the minimum number of primary plants for composting as follows:

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

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

acres under cultivation.

6. Collecting Samples from each lot:

6.1. The sampler shall always walk at right angles to the rows of plants, beginning at 

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

lot.

6.2. While walking through the lot, the sampler shall cut at least “n”

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

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

the field/greenhouse.

6.3. The cut shall include the top 5-8 inches of the main stem (including leaves and 

flowers), terminal bud (at end of stem), or central cola (cut stem that could develop 

into a bud) of the flowering top of the plant. The sample size must be of adequate 

volume to accommodate laboratory tests.

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

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

Tables 1 and 2.

6.5. Seal each bag and record the sample number.

7. Sample identification:

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

sample identification number. The sample shall also be identified with the following 

information:

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

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

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

delivery services, customers or groups of customers.

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

violation of this subtitle. 
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

Disposal. 

The Pauma Band of Luiseno Indians has set forth guidelines to adhere to in regards to

disposal of plant material that is produced in violation of the Farm Bill of 2018. 

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

compliance after enforcement procedures are adhered to:

1. The Producer may dispose of the plants by one these options: plowing under, 

mulching/composting, disking, bush mower/chopper, deep burial, burning.

2. The Producer can make the decision on which disposal method based on the desired 

outcome. 

3. The THPE, once notified that they have produced product exceeding the acceptable 

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

4. A verification process will be completed and signed off by an in-person site visit by 

the Tribe’s designated sampling agent. 

5. The THPE will document the disposal of all lots that need to be disposed of. The Tribe 

will ensure the Tribal Hemp Disposal Report is submitted to the USDA for notification

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

Remediation.

If a lot tests above the acceptable hemp THC level, remediation can be done and the 

producer must notify the Tribal Hemp Regulation Commission. Remediation activities will 

be in accordance with the Remediation and Disposal Guidelines for Hemp Growing Facilities, 

issued January 15, 2021. Remediation will be done with non-compliant hemp (THC 

concentration > 0.3%) with the intention to render compliant (THC concentration ≤ 0.3%). 

Remediation can be achieved by separating and destroying non-compliant flowers while 

retaining stalks, leaves, and seeds; or by shredding the entire hemp plant to create a 

homogenous “biomass” that can be retested for THC compliance. 

1. Non-compliant hemp plants may be remediated by separating and destroying noncompliant flowers, while retaining stalks, leaves, and seeds, blending the entire 

plant into biomass material.

2. Non-compliant hemp plants may be remediated by shredding the entire hemp plant 

to create “biomass.” All flowers, buds, trichomes, leaves, stalks, seed, and all plant 

parts from a lot should be chopped or shredded in such a way as to create a 

homogenous, uniform blend of the lot called “biomass.” Lots should be kept 

separate and not be combined during this process. This biomass shall be resampled 

and retested to ensure the biomass material tests within an acceptable hemp THC 

concentration level before it may enter the stream of commerce in accordance with 

§990.3(d) and §990.27(c). If the biomass tests above the acceptable hemp THC 
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

concentration level is non-compliant hemp and must be destroyed through one of 

the disposal options provided herein.

3. Remediated plant material will be retested to ensure complaint THC level before 

entering commerce. If the plant material does not meet the acceptable hemp THC 

level, the material will be disposed of in accordance with the Remediation and 

Disposal Guidelines for Hemp Growing Facilities, issued January 15, 2021. 

Collection of Information

The Tribe will collect relevant data from the producers and information needed to ensure 

reports are submitted to the USDA, in the appropriate manner and on time. The USDA reports 

filed by the Tribe are:

Crop Acreage Report (FSA 578) to the FSA – annual but only if planting has taken place

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

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

received

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

The following FSA data will be reported by the producer to FSA:

Crop Acreage Report (FSA 578) to the FSA – annual but only if planting has taken place, 

reporting total acreage of Hemp planted, harvested, disposed and remediated

License number

Street address

GPS location of lot or greenhouse where Hemp is produced

Acreage of greenhouse or indoor square footage dedicated to the production of Hemp

Information sharing will be accomplished by submitting these reports with correct and updated 

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

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

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

USDA forms provided. 

D: Adhere to a procedure to comply with the enforcement procedures under subsection

Enforcement of Procedures
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

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

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

and additional rules governing its Hemp production and commercialization. 

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

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

authorization, depending on violation and corrective action plan. 

The Tribe will conduct audits of the THPE and issue corrective action plans for negligent 

violations. Negligent violations by the THPE may lead to suspension or revocation of 

authorization. A Producer cannot receive more than one negligent violation per growing 

season. The Tribe will conduct both desk audits and site visit audits. When the Tribe visits a

THPE’s facility, they must have access to any fields, greenhouses, storage facilities or other 

locations where hemp is produced. The Tribe may also request records from the THPE to 

include production and planting data, testing results, and other information as determined by 

Tribe.

The Tribe requires: 

(a) The THPE must report any changes of their contact information and/or key participants to 

the Tribe in writing within 14 calendar days of the change.

(b) Planting Report. Within 14 calendar days after planting any hemp, the THPE shall submit a 

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

acreage or square feet of hemp planted.

(c) Pre-Harvest Notification. At least 20 calendar days prior to harvest, the THPE shall submit a 

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

process. The THPE must notify the Tribe immediately of any changes in the reported harvest 

dates in excess of seven calendar days.

(d) Post-Harvest Report. Within 14 calendar days post-harvest, the THPE shall submit a postharvest report, on a form provided by the Tribe. The THPE is not required to document the 

removal of male hemp plants on a post-harvest report if the male hemp plants are destroyed or 

utilized on the registered land area and are not transferred or sold.

The Pauma Tribe will assert negligent violations on behalf of the THPE to include:

1.Failure to provide legal description of land;

2.Failure to obtain a license

3.Failure to follow the regulations set forth by the Tribe;
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

A corrective action plan can include:

1. A reasonable date by which the THPE shall correct the unintentional

violation;

2. A requirement that the THPE shall periodically report to the Pauma Tribe on the

compliance of the corrective action plan for a period of not less than the next two 

calendar years;

 3. An administrative fine if required by the THPE.

The Pauma Tribe will include in all corrective action plans:

1. A reasonable date to correct the violation and reporting requirements for 2 years

from date of the negligent violation;

2. Provisions that if a negligent violation is found 3 times within a 5-year

Period, the THPE is ineligible to produce hemp for a period of 5 years from the date of 

the 3rd violation;

3. The Pauma Tribe shall conduct inspections to determine if corrective action plan has 

been implemented; and

4. Violations are not subject to other federal, state, tribal, or local government criminal

enforcement action;

Negligent Violations are not subject to other federal, state, tribal, or local government criminal 

enforcement action. However, the Tribe will report the production of hemp without

authorization issued by the Tribe to the Tribal Law Enforcement. Hemp found to be produced 

in violation of this part, would be subject to the same disposal provisions as for cannabis testing 

above the acceptable hemp THC level. Further, if it is determined a violation was committed 

with a culpable mental state greater than negligence, the Tribe will report the violation to Tribal 

Law Enforcement and US Attorney General. 

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

production and provides for controlled substance felony conviction exception for participants in 

a state hemp pilot program authorized under the 2014 Agricultural Act before December 20, 

2018. The Tribe has set forth that a person with a Tribal, State or Federal felony conviction is 

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

The only eligible entity to operate under this Plan is the Tribal Hemp Production Entity. All key 

participants will undergo background checks prior to being issued a license. 

E: Any other practice or procedure

Assignment of Tribal Authorization Numbers:
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Pauma Band of Luiseno Indians Tribal Hemp Plan May 2021

J54585_0001, J54585_0002, J54585_003, etc.

Ineligibility

(1) If the THPE is found to commit a negligent violation three times in a five-year calendar 

period it shall be ineligible to produce Hemp for a period of five calendar years beginning on the 

date of the third violation; or

(2) Any key participants convicted of a felony under Tribal, state or federal law cannot produce 

hemp for 10 years from the date of conviction;

(3) Any key participant who materially falsifies any information in order to participate in the 

Program established under this plan shall be ineligible.