Yurok Tribal Code, Agriculture 

YUROK TRIBE HEMP ORDINANCE 

Pursuant to its authoriry underArticle IV, Section 5, ofthe Yurok Constitution, as certified on November 24, 1993, 

the Yurok Tribal Council hereqy enacts thefolloJJJing ordinance regulating Hemp. 

GENERAL PROVISIONS ............................................................................................................................. 1 

SECTION 4001. Short Title ...........................................................................................................2 

SECTION 4002. Legislative Findings ........................................................................................... 2 

SECTION 4003. Purpose ................................................................................................................ 2 

SECTION 4004. Sovereign Immunity Preserved ........................................................................2 

SECTION 4005. Severability .......................................................................................................... 2 

SECTION 4006. Effective Date .................................................................................................... 2 

SECTION 4007. Repeal of Conflicting Ordinance Provisions .................................................3 

SECTION 4008. Licensee Agreement. .......................................................................................... 3 

SECTION 4009. Definitions .......................................................................................................... 3 

CHAPTER 1. POLICIES AND PROCEDURES...................................................................................... 5 

SECTION 4101. Policies and Procedures Set by the Department. ..........................................5 

SECTION 4102. Recordkeeping and Reporting .......................................................................... 6 

SECTION 4103. Licensee Recordkeeping and Reporting: ........................................................7 

SECTION 4104. Procedure for Inspecting, Sampling and Testing ..........................................8 

SECTION 4105. Procedure for Disposal ................................................................................... 11 

CHAPTER 2. YUROK TRIBE HEMP PROGRAM...............................................................................12 

SECTION 4201. Application........................................................................................................12 

CHAPTER 3. PROHIBITED PRODUCTS..............................................................................................13 

SECTION 4301. Products not to be Sold to Members of the Public....................................13 

CHAPTER 4. VIOLATIONS AND CORRECTIVE ACTION PLANS...... ............. ... ... ....13 

SECTION 4401. Negligent Violation ................................. ,,,...................... .13 

SECTION 4402. Negligent Violations Defined .........................................................................14 

SECTION 4403. Negligent Violations Corrective Action Plans .............................................15 

SECTION 4404. Culpable Mental State Greater Than Negligence Violation ......................15 

SECTION 4405. Other Violations ...............................................................................................15 

CHAPTER 5. MATERIALS INCORPORATED BY REFERENCE..................................................15 

SECTION 4501. Incorporation by Reference ..........................................................................15 

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GENERAL PROVISIONS 

SECTION 4001. Short Title 

This Ordinance shall be referred to as the ' 'Yurok Tribe Hemp Ordinance." 

SECTION 4002. Legislative Findings 

The Yurok Tribal Council hereby finds and declares that: 

(a) This Yurok Tribe Hemp Ordinance was adopted pursuant to Section 1.25.090 o f the 

Yurok Public Hearing Ordinance in order to protect the health, safety, and welfare of 

the Tribe by becoming the primary regulatory authority over the production of 

Hemp; and 

(b) Within the territories of the Tribe, and having an ordinance governing the growing 

and processing of Hemp is in the Yurok Tribe's best interest; and 

(c) The Agriculture Improvement Act of 2018 (commonly known as the 2018 Farm Bill) 

allows for the growth and processing of Hemp, subject to regulations, so long as the 

hemp has a THC concentration of less than the Acceptable Hemp THC Level. 

SECTION 4003. Purpose 

The purpose of this Ordinance is to assert tribal sovereignty and to: 

(a) Create a Department of Agriculture to manage the Yurok Tribe Hemp Program; and 

(b) Regulate Hemp as an agricultural commodity in compliance with tribal and federal law; and 

(c) Promote economic development for the Yurok Tribe through the production/ processing of 

H emp and the development of new commercial markets for farmers and businesses through the 

sale ofHemp Products; and 

(d) enable the Yurok Tribe, its Licensees, and any potentially affiliated Institutions of Higher 

Education, to conduct research regarding the production of Hemp within the Territories of the 

Tribe; and 

(e) Promote this territory's Hemp industry; and 

(f) Encourage and empower research into Hemp production and the creation of Hemp Products at 

Institutions of Higher Education and in the private sector. 

SECTION 4004. Sovereign Immunity Preserved 

In accordance with the Yurok Tribe's Supreme Ordinance, nothing in this ordinance shall be 

interpreted as a waiver of the Tribe's sovereign immunity from unconsented lawsuit, or as 

authorization for a claim for monetary damages against the Tribe. 

SECTION 4005. Severability 

Ifany provision of this Ordinance or its application to any Person or circumstance is held invalid, the 

remainder of the Ordinance or application of its provisions to other persons or circumstances shall 

not be affected, and to this end, the provisions of this Ordinance are severable. 

SECTION 4006. Effective Date 

This Ordinance shall take effect immediately upon its adoption by Council. 

Yurok Tribe Hemp Ordinance, adopted pursuant Section 1.25.090 of the Yurok Public Hearing Ordinance December 5, 2019 

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SECTION 4007. Repeal ofConflicting Ordinance Provisions 

All prior ordinance provisions previously enacted by the Tribal Council and inconsistent with the 

provisions of this Ordinance are hereby repealed. If the provisions of this Ordinance conflict with 

the provisions of any other previously enacted ordinance, the provisions of this Ordinance shall 

control. This Ordinance is, however, intended to be read in conjunction with certain existing 

ordinances, including, but not limited to: the Yurok Cultural Resources Protection Ordinance and the 

Yurok Tribe Environmental Protection Code. 

SECTION 4008. Licensee Agreement 

All Hemp growers, producers, processors, handlers, Applicants and agents are bound to all Yurok 

ordinances, codes, laws, and Department policies and procedures. By applying for a license, Hemp 

Growers, producers, processors, handlers, Applicants, and agents submit to the jurisdiction of the 

Yurok Tribe and Yurok Tribal Court. All Hemp grown, processed, produced, handled within the 

Territories of the Tribe is controlled by all Yurok ordinances, codes, laws, and Department policies 

and procedures. All codes are available at the Y urok Justice Center or online at 

https:// Yurok.Tribal.Codes 

SECTION 4009. Definitions 

(a) "Acceptable Hemp THC Level" for the purpose of compliance with the requirements of the 

Yurok Tribal hemp plan is when the application of the measurement ofuncertainty 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, if the reported delta-9 

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

measurement of uncertainty is +/- 0.06%, the measured delta-9 tetrahydrocannabinol content 

concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41 %. Because 

0.3% is within the distribution or range, the sample is within the Acceptable Hemp THC level for 

the purpose of compliance with this Ordinance. For purposes of clarity, if 0.3% or less is within 

the distribution or range, then the sample will be considered to be H emp for the purpose of 

compliance with the requirements of this Ordinance. 

(b) "Applicant'' means a person, or a person who is authorized to sign for a business entity, who 

submits an application to participate in the Yurok Tribe H emp programs. 

(c) "Commercial Sales" means the sale o f a product in the stream of commerce at retail or at 

wholesale, including sales on the Internet. 

(d) "Consumable Product'' means a Hemp Product Intended for Consumption. 

(e) "Culpable Mental State Greater Than Negligence" means to act intentionally, knowingly, 

willfully, recklessly, or with criminal negligence. 

(f) "Cultivate" means to plant, water, grow, or harvest a plant or crop. 

(g) "Department'' means the Yurok Department ofAgriculture. 

(h) "Director" means the Director of Yurok Agriculture and Production programs. 

(i) "GPS" means Global Positioning System. 

G) 'Handle "means to harvest or store hemp plants or hemp plant parts prior to the delivery of such 

plants or plant parts for further processing. "H andle" also includes the disposal ofcannabis plants 

that are not hemp for purposes of chemical analysis and disposal o f such plants. 

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0-.:) "Harvest Lot'' means a quantity ofHemp, o f the same Variety, harvested in a distinct time frame 

that is: (1) Cultivated in one contiguous production area within a Production Site; or (2) Cultivated 

in a portion or portions of one contiguous production area within a Production Site. Harvest Lot 

does not include a quantity ofH emp comprised ofHemp produced in noncontiguous production 

areas. 

(1) "Harvest Lot Identifier" means a unique identifier used by the Yurok Tribe to identify the 

Harvest Lot. 

(m) "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. 

(n) "Hemp Crop" means one (1) or more unprocessed H emp plants or plant parts. 

(o) "Hemp Grower" means a Person licensed by the Yurok Tribe to Cultivate Hemp within the 

Territories ofthe Tribe. 

(p) "Hemp Ingredient'' means all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts 

o f isomers ofany part of the Hemp plant included in the de finition of "Hemp." 

(q) "Hemp Plan" means the USDA Approved Yurok Tribal Hemp Plan for domestic production of 

hemp within the territories of the Yurok Tribe. The program includes provisions for maintaining 

information on the land where hemp is produced, testing the levels o f delta-9 

tetrahydrocannabinol, disposing of plants not meeting necessary requirements, licensing 

requirements, and ensuring compliance with the 2018 Farm Bill, federal regulations and Yurok 

laws, ordinances, policies and procedures. 

(r) "Hemp Producer" means a Person licensed by the Yurok Tribe to Cultivate Hemp within the 

Territories ofthe Tribe in accordance with the provisions of this Ordinance. 

(s) "Hemp Product'' means a finished product with the Acceptable H emp 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. 

(t) "Industrial Hemp" has the same meaning as ''Hemp" as that term is defined in this Section, 

above. 

(u) "Institution ofHigher Education" has the meaning assigned to it by 20 U.S.C. § 1001, and 25 

U.S.C. § 1801(a)(5) et sec. 

(v) "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. 

(w) "Laboratory" means allowable for Hemp Producers laboratories which use appropriate, validated 

methods and procedures for all testing activities and who also evaluate measurement of 

uncertainty, meet the Association of Official Agricultural Chemists ("AOAC") International 

standard method performance requirements for selecting an appropriate method, and are 

registered by the Drug Enforcement Agency ("DEA") to conduct chemical analysis o f controlled 

substances. 

(x) "Licensee" has the same meaning as ''Hemp Producer" as that term is defined in this Section, 

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above. 

(y) "Measurement of Uncertainty" means the parameter associated with the result of a 

measurement that characterizes the dispersion o f the values that could reasonably be attributed to 

the particular quantity subject to measurement. 

(z) "Negligence", "Negligent'', or "Negligently" is defined as a failure to exercise the level of care 

that a reasonably prudent person would exercise in complying with this ordinance and all related 

ordinances, policies and procedures including the Federal regulations on Industrial Hemp. 

(aa) "Non-commercial Personal Possession or Use" means possession and use o f Hemp without 

the intent to transfer by anyone in the household, but does not include sale, trade or any other 

type of commercial use. 

(bb) "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 oflegal business entity, as well as a state or local government entity. 

(cc)"Process" means to convert any portion ofa Hemp Crop into a Hemp Ingredient, Hemp Product, 

or other marketable form. 

(dd) "Production Site" has the same meaning as "Registered Land Area" as that term is defined 

in this Section, below. 

(ee)"Reasonable Efforts" means to find the H emp Producer exercised a level of care that a 

reasonably prudent person would have exercise when the Hemp Producer took the necessary steps 

and precautions to produce hemp, such as using certified seed, using other seed that has reliably 

grown compliant plants in other parts o f the country, or engaging in other best practices, yet still 

produced plants that exceed the Acceptable Hemp THC level, and the plant does not have a THC 

concentration of more than 0.5 percent on a dry weight basis. 

(ff) "Registered Land Area" means a contiguous lot, parcel, or tract of land registered with the 

Yurok Tribe on which a Licensee may Cultivate H emp. A Registered Land Area may include land 

and buildings that are not used to Cultivate Hemp. 

(gg)"THC" means tetrahydrocannabinol and has the same meaning as delta-9 THC, measured postdecarboxylation or other similarly reliable method allowed under the USDA hemp regulations at 

7 CFR Part 990, et seq. from time to time. 

(hh) ''USDA" means the United States Department of Agriculture. 

(ii) ''Variety" means a group of plants or an individual plant that exhibits distinctive observable 

physical characteristic(s) or has a distinct genetic composition. 

CHAPTER 1. POLICIES AND PROCEDURES 

SECTION 4101. Policies and Procedures set by the D epartment 

This O rdinance creates the Department of Agriculture. The Department shall set the policies and 

procedures for all Hemp production. 

(a) Tribal Council hereby delegates to the Department the authority to modify, adapt or amend 

their policies and procedures as necessary, to keep them in line with best practices and 

procedures. 

(b) All modifications, adoptions, or amendments by the Department of policies and procedures 

Yurok Tribe Hemp Ordinance, adopted pursuant Section 1.25.090 of the Yurok Public Hearing Ordinance December 5, 2019 

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must be approved by Tribal Council through resolution. 

(c) The Department shall produce and maintain the following forms: 

(1) "Producer License Application Packet" 

(2) "Field Planting Report" 

(3) "Greenhouse/Indoor Planting Report" 

(4) "Harvest/Destruction Report" 

(5) "Producer Production Report Form" 

(6) "Process/Handler Production Report and Annual License Renewal" 

(7) "Site ~odification Request Form" 

(8) "Domestic Seed / Propagule Request Requirements" 

(9) "International Seed Request Requirements" 

(10) "Processor/Handler License Application" 

(d) The Department shall set administrative procedures for and may impose damages, fines, and 

fees for violations of this Ordinance. 

(e) Fees and Forms 

(1) Schedule of fees 

(i) The Department shall set and maintain a fee schedule for all applicable fees, 

including but not limited to, license application fees, testing fees, modification fees, 

and all other appropriate fees. 

SECTION 4102. Record.keeping and Reporting 

(a) The D epartment shall retain for a period of at least three (3) calendar years, all information 

required to be collected by this Ordinance, for every Registered Land Area approved by the 

D epartment. 

(b) Within fifteen (15) calendar days after the date on which the information is received, or within 

such other period of time set forth in the USDA hemp regulations at 7 CFR Part 990, et seq. 

from time to time, the Yurok Tribe shall submit to the U.S. Secretary of Agriculture the 

following information for each Hemp Producer within the Territories of the Tribe: 

(1) Contact information for each Hemp Producer, including the legal entity name, full name 

of all authorized representatives, the street address ofeach Registered Land Area, or other 

identifier such as an APN, the business telephone number, and email address of each 

Licensee (to the extent available); and 

(2) A legal description of the Registered Land Area; and 

(3) The status of a license or other required authorization from the Department. 

(c) The Tribe will report for each tribal producer what was included in the previous report and 

whose reported information has changed. The report shall include the previously reported 

information and the new information. 

(d) The Department will fulfill information sharing obligations under the USDA hemp regulations, 

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including requiring tribal producers to report their hemp crop acreage to the USDA Farm 

Service Agency per 7 CFR Part 990.7, including: 

(1) Street address and to the extent practicable geospatial location for each lot/greenhouse 

where tribal producer will grow hemp, 

(2) Total hemp acreage/greenhouse indoor square footage, and 

(3) Tribal license number. 

(e) The Department shall assign each tribal producer with a license identifier in format compliant 

as prescribed by USDA; and 

(f) Tribal producers shall report the total acreage ofhemp planted, harvested, and disposed to the 

D epartment. 

(g) The Department shall then collect this info and report to Agricultural Marketing Service 

("AMS"), and the administration of the Seed Regulatory & Testing Division ("S&T"). 

SECTION 4103. Licensee Recordkeeping and Reporting 

(a) H emp Producers must report any changes of contact information to the Department in writing 

within fourteen (14) calendar days of the change. 

(b) Hemp Producers who are entities must report any change in control, change in business structure, 

sale of business, or change in control. 

(c) Licenses are non-transferrable. 

(d) Harvest Producers must identify the Designated Harvest Lot using the Yurok Harvest Identifier 

format included in the policies and procedures for the Department 

(1) A Designated Harvest Lot is an area of land that the Hemp Producers designate 

themselves in which the Hemp Producer produces a quantity ofHemp, of the same 

Variety, harvested in a distinct time frame that is: (1) Cultivated in one contiguous 

production area within a Production Site; or (2) Cultivated in a portion or portions of 

one contiguous production area within a Production Site. Harvest Lot does not 

include a quantity of Hemp comprised of Hemp produced in noncontiguous 

production areas. 

(2) Planting Report: Within fourteen (14) calendar days after planting any Industrial 

Hemp, each Hemp Producer shall submit a Planting Report to the Department that 

includes the GPS coordinates and a map showing the location and actual acreage or 

square feet ofHemp planted. 

(3) Pre-Harvest Notification: At least fourteen (14) calendar days prior to harvest, each 

Hemp Producer shall submit a Pre-Harvest Notification to the Department, on a 

form provided by the Department that includes 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 Department immediately of any changes in the 

reported harvest dates in excess of seven (7) calendar days. 

(4) Post-Harvest Report Within fourteen (14) calendar days post-harvest, each Hemp 

Producer shall submit a Post-Harvest Report to the Department, on a form provided 

by the Department that includes the actual harvest date(s) and location(s) o f each 

Variety of Hemp harvested within a Registered Land Area. A Hemp Producer is not 

Yurok Tribe Hemp Ordinance, adopted pursuant Section 1.25.090 of the Yurok Public Hearing Ordinance December 5, 2019 

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required to document the removal ofmale 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. 

(5) Each Hemp producer shall ensure that the DEA-registered lab that conducts the test 

samples shall report those test results to the USDA. 

(6) A Hemp Producer must retain all documentation of sampling and testing for at least 

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

Department upon request. 

(7) The Department shall submit a tribal hemp producer report, disposal report, and 

annual report to the USDA Secretary not more than 30 days after the date on which 

the information is received. 

(8) The Department will use the information it collects under this section for purposes 

of reporting and information sharing with USDA. All such information shall be 

submitted to the USDA in a format that is compatible with USDA's information 

sharing system. 

SECTION 4104. Procedure for Inspecting, Sampling, and Testing 

(a) The Department shall conduct regular inspections of Hemp Producers to ensure 

compliance with this Ordinance, applicable federal regulations, and required THC 

Concentration. 

(1) Inspections will be at least annually, may be randomly selected, and performed 

without notice. 

(2) Inspectors shall be certified pursuant to the USDA and Yurok laws and 

regulations. 

(3) During a scheduled sample collection, the tribal producer or an authorized 

representative of the tribal producer must be present at the growing site. 

(4) During inspection and sampling that inspection/sampling representatives 

must be provided with complete and unrestricted access during business hours 

to all hemp and other cannabis plants, whether growing or harvested, and all 

land, buildings, and other structures used for the cultivation, handling, and 

storage of all hemp and other cannabis plants, and all locations listed in the 

tribal producer license. 

(5) All Licensees shall grant the Department unrestricted access to the Registered 

Land Area(s) and accompanying facilities, any piece of land, building, 

greenhouse, and other structures used for the cultivation, handling, and storage 

of all hemp and other cannabis plants, and all locations listed in the producer 

license. 

(6) Hemp plant materials from one lot cannot be commingled with hemp plant 

material from other lots. 

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(7) All samples collected by the Department shall become the property of the 

Department and no compensation shall be owed by the Department for such 

samples. 

(8) Violations section, Chapter 4, and inspections will enforce the terms o f that 

section. 

(b) A Hemp Producer must arrange for and ensure the sampling of each Harvest Lot no 

more than fifteen (15) calendar days prior to harvest, or within such other period of 

time set forth in the USDA hemp regulations at 7 CFR Part 990, et seq. from time to 

time, for the purpose of ensuring that the Harvest Lot does not exceed permissible 

THC concentration on a dry weight basis. If the producer fails to complete harvest 

within fifteen (15) days of sample collection, or within such other period of time set 

forth in the USDA hemp regulations at 7 CFR Part 990, et seq. from time to time, a 

secondary pre-harvested sample o f the lot shall be required to be submitted for testing. 

(c) A Hemp Producer shall not remove a H arvest Lot from a Registered Land Area that 

has not been sampled and tested for compliance in accordance with this Section. 

(d) Compliance and safety testing for Hemp and Hemp Products required by these rules 

shall be conducted by Federally designated or 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 

Department because the laboratory uses appropriate, validated methods and 

procedures for all testing activities and who also evaluate measurement of uncertainty 

as controlled by the USDA federal regulations. 

(e) A producer must have an approved Yurok law enforcement agency pursuant USDA 

regulations and Yurok laws and regulations collect samples from the flower material 

of such cannabis material for delta-9 tetrahydrocannabinol concentration level testing 

(f) For each sample tested pursuant to this Section, the Hemp Producer shall obtain from 

a laboratory a certificate of analysis that includes, at a minimum, the following 

information: 

(1) General information identifying that the Hemp that is the subject of the 

certificate of analysis is the product of a sample tested by the independent 

testing laboratory; and 

(2) The procedure for testing was able to accurately identify whether the sample 

contains a delta-9 tetrahydrocannabinol content concentration level that 

exceeds the Acceptable Hemp THC level. 

(3) The procedure shall include a validated testing methodology that uses 

postdecarboxylation or other similarly reliable methods with AMS and S&T or 

as otherwise permitted under the USDA hemp regulations at 7 CFR Part 990, 

et seq. from time to time. 

(4) The methodology shall consider the potential conversion of delta-9 

tetrahydrocannabinolic acid (fHC-A) in hemp into THC and the test result 

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measures total available THC derived from the sum of the THC and THC-A 

content, or shall abide by such other testing requirements permitted under the 

USDA hemp regulations at 7 CFR Part 990, et seq. from time to time. 

(5) The testing methodologies meeting the requirements of this paragraph (£)(4) 

include, but are not limited to, gas or liquid chromatography with detection. 

(i) Any test of a representative sample resulting in higher than the 

Acceptable H emp THC Level shall be conclusive evidence that the lot 

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

(ii) Lots tested and not certified by the DEA-registered laboratory, or such 

other laboratory permitted under the USDA hemp regulations at 7 

CFR Part 990, et seq. from time to time, at or below the Acceptable 

Hemp THC Level may not be further handled, processed or enter the 

stream of commerce and the producer shall ensure the lot is disposed 

of in accordance with 7 CFR Part 990.27 of the USDA federal 

regulations, and the Yurok Laws, regulations, and policies and 

procedures. 

(6) The testing procedures shall determine the total the THC concentration on a 

dry weight basis. 

(7) Analytical testing for purposes of detecting the concentration levels of THC 

shall meet the following standards: 

(i) Laboratory quality assurance must ensure the validity and reliability of 

test results; 

(ii) 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; 

(iii) The demonstration of testing validity must ensure consistent, accurate 

analytical performance; 

(iv) Method performance specifications must ensure analytical tests are 

sufficiently sensitive for the purposes of the detectability requirements 

of this part; and 

(v) An effective disposal procedure for hemp plants that are produced that 

do not meet the requirements of this part. 

(i) The procedure must be in accordance with DEA reverse distributor 

regulations found at 21 CFR 1317.15, and Yurok laws, regulations and 

policies and procedures. 

(ii) 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. 

(g) The Department shall promptly notify the Administrator by certified mail or 

electronically of any occurrence o f cannabis plants or plant material that exceed the 

Acceptable Hemp THC Level, and attach the records demonstrating the appropriate 

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disposal of all of those plants and materials in the lot from which the representative 

samples were taken. 

(1) The measurement o f uncertainty will be included as part of any hemp test 

results; and 

(2) The date the Hemp was sampled, the date testing was performed, and 

methodology used to analyze the sample; and 

(3) The THC concentration contained in the test sample; and 

(4) A statement indicating whether the sample contained a THC concentration of 

not more than the Acceptable Hemp THC Level. 

(5) The Yurok Hemp plan relies on the same standard as the USDA definition of 

"acceptable hemp THC level" to account for the uncertainty in the test results. 

(h) One sample per lot of hemp shall be collected pursuant to USDA Sampling guidelines 

for hemp growing facilities. 

(i) The method used for sampling from the flower material: 

(1) Must ensure that a representative sample is collected that represents a 

homogenous composition of the lot; and 

(2) Must be sufficient at a confidence level of 95% that no more than 1 % of 

plants would exceed Acceptable Hemp THC Level. 

(i) A Hemp Producer may apply to the Department for retesting and/or resampling of 

any non-compliant Harvest Lot, which may be approved or denied at the 

Department's discretion. 

G) Nothing in this Section shall prevent a Hemp Producer from voluntarily collecting 

samples and testing H emp for quality assurance and research and development 

purposes. 

SECTION 4105. Procedure for Disposal 

(a) Hemp that tests higher than the Acceptable Hemp THC Level shall be disposed of by the 

Hemp Producer in compliance with Department rules and all applicable tribal and federal laws, 

regulations, rules and other requirements. 

(b) The disposal methods shall be in compliance with DEA Laboratory requirements, and the 

Controlled Substance Act ("CSA") requirements that are applicable and appropriate. 

(c) If a hemp producer has produced cannabis exceeding the Acceptable Hemp THC Level, the 

material must be disposed o f in accordance with the CSA and DEA regulations because such 

material constitutes marijuana, a schedule I controlled substance under the CSA. 

(1) The material must be collected for destruction by a person authorized under the CSA to 

handle marijuana, such as a DEA-registered reverse distributor, or a duly authorized Yurok 

Tribal Police enforcement officer. 

(d) The Tribe will promptly notify the AMS Administrator of any occurrence of cannabis plants 

or plant material that exceed the Acceptable Hemp THC Level, and attach disposal records of 

all plants and materials from lot in which defective samples were taken. 

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(e) If a Harvest Lot tests higher than the Acceptable Hemp THC Level the Harvest Lot shall be 

promptly disposed of by the Hemp Producer. 

(f) All Hemp plant material not disposed of pursuant to the above Sections must be destroyed 

or utilized on site in a manner approved of and verified by the Department. 

(1) The Department will authorize and arrange for the material to be collected for 

destruction by a person authorized under the CSA to handle marijuana, such as a D EAregistered reverse distributor, or a duly authorized Federal, State, local law enforcement 

officer, or Yurok Police Officer. 

(2) The Producer is responsible for the costs of disposal. 

(g) Hemp Producers shall have fourteen (14) calendar days from the date of notification of test 

results for Harvest Lots that are higher than the Acceptable Hemp THC Level to contact the 

Department in writing and apply for retesting or propose a method for destruction. 

(h) Hemp subject to destruction pursuant to this Section shall not be removed from the 

Registered Land Ar ea unless otherwise authorized by the Department. 

(i) Lots tested and not certified by the DEA-registered laboratory, or such other laboratory 

permitted under the USDA hemp regulations at 7 CFR Part 990, et seq. from time to time, at 

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

the stream of commerce and the producer shall ensure the lot is disposed of. 

G) The Hemp Producer shall provide any and all evidence requested by the Department to 

verify disposal to the satisfaction of the Department. 

CHAPTER 2. YUROK TRIBE HEMP PROGRAM 

SECTION 4201. Application 

(a) Any Person desiring to Cultivate or Process Hemp within the Territories of the Tribe must obtain 

a license from the Yurok Tribe prior to engaging in such activity. Persons seeking to Cultivate 

Hemp shall provide to the Department: 

(1) The legal description and/ or geospatial location sufficient for locating the 

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

Person Cultivates Hemp, or intends to Cultivate Hemp; and 

(2) Contact information for each Individual Hemp Producer, including full name 

of all authorized representatives, the street address of each Registered Land 

Area, the business telephone number, and email address of each Licensee; and 

(3) Contact information for each E ntity Hemp Producer, including EIN, full 

name of all authorized representatives, the street address of each Registered 

Land Area, the business telephone number, and email address ofeach Licensee; 

and 

(4) Individual hemp producer applicants since information provided will differ 

slightly. Also, request EIN from entity applicants. 

(5) A completed criminal background check report for the Applicant, and key 

participant on a form determined by the Department, and a notarized 

attestation that Applicant does not have any disqualifying felony drug 

convictions pursuant to this Ordinance. 

Yurok Tribe Hemp Ordinance, adopted pursuant Section 1.25.090 of the Yurok Public Hearing Ordinance December 5, 2019 

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(b) The Tribe shall perform all background checks to support the Yurok Hemp Plan. 

(1) The Department will determine which tribal producer employees will be 

considered to be participating in the plan and subject to the felony restrictions 

which at a minimum shall include a review of the criminal history reports for 

each applicant and key participant; and 

(2) When an applicant is a business entity, the Tribe shall review the criminal 

history report for each key participant in the business. 

(3) Any person found by the Tribe to have materially falsified any information 

submitted to this program will be ineligible to participate. 

(c) Ineligible Applicants. 

(1) A Hemp Producer that Negligently violates a State, Tribal, or USDA plan 3 

times in a 5-year calendar period shall be ineligible to produce hemp for a 

period o f 5 calendar years beginning on the date of the third violation; or 

(2) Any person convicted of a felony relating to a controlled substance under 

Tribal, State or Federal law in the 10-year calendar period prior to the 

application date shall be ineligible to produce Hemp under the Yurok Tribe 

H emp Program;or 

(3) Any Person who materially falsifies any information contained in an 

application to participate in the Program established under this Ordinance 

shall be ineligible to produce Hemp under the Yurok Tribe Hemp Program. 

(4) Exception to Ineligibility: 

(i) A person who was lawfully growing hemp under the 2014 Farm Bill 

before December 20, 2018, and whose conviction also occurred before 

that date. 

(d) Private Use. 

(1) No license is required by any Person for Non-Commercial Personal 

Possession or Use ofHemp or Hemp products. 

CHAPTER 3. PROHIBITED PRODUCTS 

SECTION 4301. Products Not to be Sold to Members ofthe Public. 

(a) Any Hemp Product in excess of Acceptable Hemp THC Level shall not be sold to 

members of the public or publicly offered for sale. 

(b) Industrial Hemp without approved application 

(c) Industrial Hemp (Hemp) processing and production for sale, or cultivate, handle, 

store or transport all hemp and other cannabis plants are wholly prohibited without 

an application approved by the D epartment. 

CHAPTER 4. VIOLATIONS AND CORRECTIVE ACTION PLANS 

SECTION 4401. Negligent Violation 

(a) A Hemp Producer shall be subject to this Section if the Department determines that the 

Yurok Tribe Hemp Ordinance, adopted pursuant Section 1.25.090 of the Yurok Public Hearing Ordinance December 5, 2019 

13 
Hemp Producer has Negligently violated the requirements of this Chapter, including by 

Negligently: 

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

Producer Cultivates Hemp; and 

(2) Failing to obtain a license or other required authorization from the 

Department as applicable; and 

(3) Failing to reasonably cultivate, handle, store or transport all hemp and 

other cannabis plants; and 

(4) Producing Cannabis sativa L with a THC concentration of more than 

the Acceptable Hemp 11-IC Level. 

(b) A Hemp Producer that Negligently violates this Ordinance shall not, as a result of that 

violation, be subject to any criminal enforcement action by the federal government or any state 

government, tribal government, or local government. 

(c) A Hemp Producer that Negligently violates this Ordinance under this Section 4401 

three (3) times in a five (5)-year calendar period shall be ineligible to produce Hemp for a 

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

(d) Hemp producers do not commit a Negligent violation if they produce plants that 

exceed the Acceptable Hemp 11-IC Level and use reasonable efforts to grow hemp and the 

plant does not have a 11-IC concentration of more than 0.5 percent on a dry weight basis, or 

such other percentage on a dry weight basis permitted under the USDA hemp regulations at 

7 CFR Part 990, et seq. from time to time. 

(1) The Tribe recognizes that hemp producers may take the necessary steps 

and precautions to produce hemp, such as using certified seed, using 

other seed that has reliably grown compliant plants in other parts of the 

country, or engaging in other best practices, yet still produce plants that 

exceed the Acceptable Hemp 11-IC Level. 

(2) The Department can consider other reasonable efforts. 

(3) Although a producer would not be considered "Negligent," they would 

still need to dispose of the plants if the THC concentration exceeded 

the Acceptable Hemp 11-IC Level in accordance with the terms of this 

Ordinance. 

SECTION 4402. Negligent violations defined. 

(a) Producer violations as defined under this part. Negligent violations shall include, but 

not be limited to: 

(1) Failure to provide a legal description ofland on which the producer 

produces hemp; and 

(2) Failure to obtain a license or other required authorization from the 

Department of agriculture of the Tribe; or 

Yurok Tribe Hemp Ordinance, adopted pursuant Section 1.25.090 of the Yurok Public Hearing Ordinance December 5, 2019 

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(3) Production ofcannabis with a delta-9 tetrahydrocannabinol 

concentration exceeding the Acceptable Hemp THC Level. Hemp 

producers do not commit a negligent violation under this paragraph 

(6)(3) if they make reasonable efforts to grow hemp and the cannabis 

(marijuana) does not have a delta-9 tetrahydrocannabinol 

concentration ofmore than 0.5 percent on a dry weight basis, or such 

other percentage on a dry weight basis permitted under the USDA 

hemp regulations at 7 CFR Part 990, et seq. from time to time. 

SECTION 4403. Negligent Violation Corrective Action Plans 

(a) A H emp Producer described in this Section shall comply with a plan established by the 

Department to correct the Negligent violation, including: 

(1) A reasonable date by which the Hemp Producer shall correct the 

Negligent violation; and 

(2) A requirement that the Hemp Producer shall periodically report to the 

Department on the compliance of the H emp Producer with this 

Chapter for a period of not less than the next two (2) calendar years 

from the date of the Negligent violation. 

(b) Department will conduct an inspection to determine if the tribal producer is implementing 

the corrective action plan. 

SECTION 4404. Culpable Mental State Greater Than N egligence Violations 

(a) If the Department determines that a Hemp Producer in the territories of the Tribe has 

violated this Chapter with a Culpable Mental State Greater Than Negligence, the 

Department shall immediately report the H emp Producer to: 

(1) The United States Attorney General; and 

(2) Yurok Tribe Public Safety Department. 

SECTION 4405. Other Violations 

(a) In addition to being subject to the license suspension, license revocation, and monetary 

civil penalty procedures set forth in the Policies and Procedures promulgated by the 

Department, a Person who is found by the Department to have violated this regulation 

with a Culpable Mental State Greater Than Negligence shall be subject to the reporting 

requirements set forth in this Ordinance. 

CHAPTER 5. MATERIALS INCORPORATED BY REFERENCE 

SECTION 4501. Incorporation by Reference. 

(a) The following material, developed by the Department, is incorporated by reference: 

(1) Department ofAgriculture H emp Policies and Procedures; and 

(2) The Tribe certifies that it has the resources and personnel to carry out the practices and 

procedures of its tribal hemp plan, and that the Tribe will commit adequate resources to 

effectively administer this Ordinance. 

Yurok Tribe Hemp Ordinance, adopted pursuant Section 1.25.090 of the Yurok Public Hearing Ordinance December 5, 2019 

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C*E*R *T*I*F*I*C* A *T*I*O*N 

THE FOREGOING ORDINANCE, ENTITLED THE YUROK TRIBE HEMP ORDINANCE, 

WAS PASSED PURSUANT TO SECTION 1.25.090 OF THE YUROK TRIBE PUBLIC 

HEARING ORDINANCE AT A REGULARLY SCHEDULED MEETING OF THE YUROK 

TRIBAL COUNCIL ON DECEMBER 5, 2019, AT WHICH QUORUM WAS PRESENT, AND 

THIS ORDINANCE WAS ADOPTED BY A VOTE OF 5. FOR, Q OPPOSED, AND Q 

ABSTENTION IN ACCORDANCE WlTH ARTICLE IV, SECTIONS 50) OF THE 

CONSTITUTION OF THE YUROK TRIBE. 

DATED THIS ___ DAY OF January 14, 2020 

Yurok Tribal Council 

ATTEST: 

Sherri K. Provolt, Secretary 

Yurok Tribal Council 

Yurok Tribe Hemp Ordinance, adopted pursuant Section 1.25.090 of the Yurok Public Hearing Ordinance December 5, 2019 

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