DATE: August 17, 2022 RESOLUTION NO. 2022-107 

RESOLUTION 

UTE MOUNTAIN TRIBAL COUNCIL 

REFERENCE: APPROVING THE HEMP PROGRAMPLAN AND CANNABIS CONTROL ACT 

FOR THE UTE MOUNTAIN UTE TRIBE 

WHEREAS, the Constitution and By-Laws ofthe Ute Mountain Ute Tribe, approved June 6, 1940 and 

subsequently amended, provides in Article III that the governing body ofthe Ute Mountain Ute Tribe is the 

Ute Mountain Ute Tribal Council and sets forth in Article V the powers ofthe Tribal Council exercised in 

this Resolution; 

WHEREAS, the Tribal Council is responsible for the advancement and protection of the Ute Mountain 

Ute Tribe's interests and the interests ofits tribal members; 

WHEREAS, the Tribe has drafted the attached Hemp Program Plan which is intended to meet the criteria set 

forth in the "2019 Farm Bill" for the cultivation, manufacture, and production ofhemp; 

WHEREAS, once approved, the Hemp Program Plan wi11 render hemp cultivation, manufacture, and 

production legal on the reservation under federal law; 

WHEREAS, on April 20, 2022, by Resolution Number 2022-067, the Tribal Council approved the Hemp 

Program Plan and Cannabis Control Act; 

WHEREAS, since April 20, the Tribe submitted the Plan and Act to the United States Department of 

Agriculture for review and edits were made to both the Act and the Plan; and 

WHEREAS, the action taken by this Resolution is in the best interests ofthe Tribe. 

NOW, THEREFORE BE IT RESOLVED that the Tribal Council hereby formally approves the attached 

Hemp Program Plan for submission to the USDA and the attached Cannabis Control Act; and 

BE IT FINALLY RESOLVED that the Tribal Council hereby authorizes the Chairman to sign this 

Resolution and to take such further action as may be necessary to carry out the intent ofthis Resolution. 

The foregoing Resolution was duly adopted this 17tl1 day ofAugust, 2022. 

Manuel Heart, Chairman 

Ute Mountain Tribal Council 

Resolution Number 2020-107 

Re: Approving the Hemp Program Plan and Cannabis Control Act for the Ute Mountain Ute Tribe 

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CERTIFICATION 

This is to certify that there was a quorum of7 Tribal Council members present at the official meeting 

ofthe Ute Mountain Tribal Council held on August 17, 2022, that 6 voted for this Resolution, with 0 

opposing, and that the above resolution was duly adopted. 

Marilynn House, Recording Secretary 

Ute Mountain Tribe 

Resolution Number 2020-107 

Re: Approving the Hemp Program Plan and Cannabis Control Act for the Ute Mountain Ute Tribe 

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UTE MOUNTAIN UTE TRIBE 

HEMP PROGRAM PLAN 

TITLE I. LEGISLATIVE DECLARATION 

1.01 Authority and Jurisdiction 

The Ute Mountain Ute Tribal Council establishes this Hemp Program Plan regulating all 

activities related to hemp cultivation, manufacture, possession, import, transport, and distribution 

pursuant to the authority granted to the Tribal Council in Article V, Sections 2(b), (d), G), (n) and 

(p), and Section 2, ofthe Tribe's Constitution. This Plan was approved for submission to the 

United States Department ofAgriculture on April 20, 2022, by Resolution Number 2022-067. 

This Plan applies to all hemp operations on the Tribe's Lands, including fee lands 

whether within the exterior boundaries ofthe reservation or not, and no person will be allowed to 

cultivate, possess, distribute, transport, or import hemp ofany kind on or onto Tribal Lands 

without first obtaining a license under this Plan and complying with all relevant regulations. 

(Note that transport ofhemp through Tribal Lands is not regulated by the Plan so long as the 

product transported does not get unloaded onto Tribal Lands.) Additionally, no person may 

cultivate, possess, import, or distribute cannabis on Tribal Fee lands that are beyond the exterior 

boundaries ofthe reservation and not held in trust without first obtaining proper authority from 

the state within which the operations will occur, or there being no such state authority, the 

USDA. The Tribe does not take the responsibility to ensure that all Licensees are in compliance 

with any applicable state or federal license or permit and does not assume any liability for the 

failure of a Licensee to maintain compliance with a state or federal license or permit. 

1.02 Sovereign Immunity 

By adopting this Plan, the Ute Mountain Ute Tribe does not waive its sovereign 

immunity to any extent and, except as to appeals against decisions ofthe Cannabis Regulatory 

Commission described in the Tribe's Cannabis Control Act, does not hereby consent to have any 

claim against it or any of it officers, employees, departments, enterprises, agents, or any other 

entity entitled to assert the sovereign status ofthe Tribe adjudicated in any court, tribunal, or 

other adjudicative body. 

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1.03 Policy 

It is the declared policy ofUte Mountain Ute Tribe that hemp is a valuable agricultural 

crop and commodity in the United States that can provide economic development opportunities 

for the Tribe and its Members and can improve the health ofconsumers. 

1.04 Purpose 

The purpose ofthis Plan is to: 

a) Promote the production ofhemp, and the development ofnew commercial markets for 

farmers and businesses through the sale ofraw hemp and hemp products; 

b) Promote the creation and expansion ofthe Tribe's hemp industry to the maximum 

extent permitted by law; 

c) Encourage and empower research into hemp production and the creation of hemp 

products at institutions ofhigher education and in the private sector; and 

d) Regulate hemp as an agricultural commodity in compliance with federal law. 

1.05 Submission for Approval 

Tribes desiring to have primary regulatory authority over the production ofhemp on the 

Tribal Lands for which it has jurisdiction must submit to the Secretary ofthe United States 

Department ofAgriculture for approval, through the Tribal government, a plan under which the 

Tribe monitors and regulates that production. 

1.06 Commitment of Adequate Resources 

By submitting this Plan, the Tribe represents and warrants that it has the capacity to and 

will dedicate adequate resources to the performance of its obligation under this Plan and the 

Cannabis Control Act. 

1.07 Licenses Issued 

The Tribe's Cannabis Control Act allows the issuance of various licenses related to hemp 

and does not authorize any licenses related to marijuana. Each Licensee will be required to 

obtain a Hemp Industry License in order to participate in any hemp program and a single 

Licensee may hold numerous hemp licenses depending on the specific hemp activity they are 

participating in. The Licenses that may be issued under the Act are: 

a) Hemp Industry License for all persons and entities engaged in the import, cultivation, 

distribution, product manufacturing, or transport of hemp and hemp materials on Tribal 

Lands; 

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b) Hemp Import License for all persons and entities importing hemp materials onto Tribal 

Lands; 

c) Hemp Cultivation License for all persons and entities growing hemp on Tribal Lands; 

d) Hemp Distribution License for all persons and entities distributing hemp material 

within or from Tribal Lands; 

e) Hemp Product Manufacturing License for all persons and entities manufacturing hemp 

products on Tribal Lands; and 

f) Hemp Transport License for all persons or entities who transport hemp material within 

or away from Tribal Lands. Licenses are not required for the transport ofhemp material 

through Tribal Lands when the hemp material is not being delivered to a person or entity 

on Tribal Lands or deposited onto Tribal Lands. 

No license is required for hemp activities which occur on Tribal Lands that are not held 

in trust for the benefit ofthe Tribe or a Member ofthe Tribe and are located beyond the exterior 

boundaries ofthe reservation, but only so long as the persons participating in the hemp activity 

have obtained proper licensure from the state in which the activities are located and has obtained 

a Tribal Permit for Off-Reservation Hemp Activities. 

1.08 Tribal Permit for Off-Reservation Hemp Activities 

The Regulatory Commission may issue a Tribal Permit for Off-Reservation Hemp 

Activities for any person who intends to participate in any activity related to hemp on Tribal 

lands within state jurisdiction (fee lands and restricted fee lands beyond the boundary ofthe 

reservation) and subject to state licensure where the activity occurs, but only so long as the 

persons or entities seeking to conduct such activities have: 

a) Obtained permission from the Tribal Council to occupy the Tribal lands; 

b) Are in and remain in compliance with the state licensure; 

c) Is conducting an activity that is permissible under this Plan and the Tribe's Cannabis 

Control Act; and 

d) Is not conducting any activity involving marijuana. 

1.09 Cannabis Regulatory Commission 

Regulatory activities set forth in this Plan will be administered by the Tribe's Cannabis 

Regulatory Commission under the authority ofthe Tribe's Cannabis Control Act. 

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TITLE II. DEFINITIONS 

2.01 Definitions 

Unless indicated otherwise, terms used in this Plan have the following meanings. 

"Acceptable Hemp THC Level" means the application of the measurement of uncertainty to the 

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

produces a distribution or range that includes 0.3% or less. 

"AMS" means Agricultural Marketing Service. 

"Applicant" means a person, or a person who is authorized to sign for a business or Tribal entity 

who submits an application to participate in the Tribal Hemp Program. 

"Cannabis" means a genus offlowering plants in the family Cannabaceae of which Cannabis 

sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis 

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

weight basis has not yet been determined. 

"Cannabis Control Act" means the Tribal law that implements this Code for the Ute Mountain 

Ute Tribe. 

"Cannabis Regulatory Commission" means the Tribal agency established by the Cannabis 

Control Act to regulate cannabis cultivation, import, distribution, transport, and manufacture on 

Tribal Lands. 

"CFR" means the Code ofFederal Regulations. 

"Commercial Sales" means the sale of a product in the stream of commerce at retail or at 

wholesale, including sales on the internet. 

"Commissioner" means a member ofthe Tribe's Cannabis Regulatory Commission. 

"Consumable Product" means a hemp product intended for human or animal consumption. 

"Conviction" means any plea of guilty or nolo contendere, or any finding of guilt, except when 

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

ofthis part, a conviction is expunged when the conviction is removed from the individual's 

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

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

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

plea of guilty or nolo contendere and enter a plea of not guilty and the case is subsequently 

dismissed, the individual is no longer considered to have a conviction for purposes ofthis Plan. 

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"Corrective action plan" means a plan established by the Cannabis Regulatory Commission for a 

licensed hemp producer to correct a negligent violation or non-compliance with this Plan. 

"Court" means the adjudicative body established by the Tribe to rule on general civil and 

criminal matters, or the Court oflndian Offenses, Ute Mountain Ute Agency. 

"Criminal Background" means the history of criminal offenses. 

"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 the Drug Enforcement Administration. 

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

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

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

seven tenths (87.7) percent of THC- acid. 

"Decarboxylation" means the removal or elimination of carboxyl group from a molecule or 

organic compound. 

"Delta-9 tetrahydrocannabinol or THC" means Delta-9-THC is the primary psychoactive 

component of cannabis. For the purposes ofthis Plan, delta-9-THC and THC are 

interchangeable. 

"Department" means the Ute Mountain Ute Tribe's Department ofAgriculture. 

"Dry weight basis" means the ratio ofthe amount ofmoisture in a sample to the amount of dry 

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

removing the moisture from the substance. Percentage ofTHC on a dry weight basis means the 

percentage ofTHC, by weight, in a cannabis item (plant, extract, or other derivative), after 

excluding moisture from the item. 

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

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

or other similar organization, including any such organization participating in the hemp 

production as a partner in a general partnership, a participant in a joint venture, or a participant in 

a similar organization. 

"Federally Defined THC Level for Hemp" means the level ofTHC concentration for hemp 

defined in federal law. 

"Fee Lands" means the lands owned by the Ute Mountain Ute Tribe that are not part ofor within 

the exterior boundaries of the Ute Mountain Ute Reservation. 

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"FSA" means the Farm Service Agency ofthe USDA. 

"Gas Chromatography" means a type of chromatography in analytical chemistry used to 

separate, identify, and quantify each component in a mixture. Gas chromatography relies on heat 

for separating and analyzing compounds that can be vaporized without decomposition. 

"Geospatial Location" means a location designated through a global system ofnavigational 

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

"GPS" means global positioning system and can establish a geospatial location. 

"Grow Site" has the same meaning as "Registered Land Area" as that term is defined in this 

Section, below. 

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

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

isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration ofnot 

more than 0.3 percent on a dry weight basis. 

"Hemp Cultivation License" means a license issued under this plan or the cultivation ofHemp 

Program Plants and related hemp materials derived from the plants cultivated. 

"Hemp Crop" means one (1) or more unprocessed Hemp Program Plants or plant parts. 

"Hemp Ingredient" means all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts 

of isomers of any part ofthe Hemp Program Plant included in the definition of "hemp." 

"Hemp License" means any one ofthe various hemp licenses issued by the Tribe under its 

Cannabis Control Act. 

"Hemp Material" means any item containing hemp that is the result or subject of cultivation, 

manufacture, importation, transport, or distribution. 

"Hemp Product" means a finished product with the federally defined THC level for hemp 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. 

"Information sharing system" means the database mandated under the Act which allows USDA 

to share information collected under State, Tribal, and USDA plans with Federal, State, Tribal, 

and local law enforcement. 

"Key Participant" 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 

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persons such as a chief executive officer, chief operating officer, and chief financial officer. This 

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

"Law enforcement agency" means any Federal, State, or local law enforcement agency. 

"License" means the authority to conduct specific activities as defined by the authorizing 

authority. 

"License Number" means the identifier provided by the Tribe for each license issued under this 

Plan. 

"Licensee" means any person who has obtained a license from the Tribe under its Cannabis 

Control Act. 

"Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the 

same variety or strain of cannabis throughout the area. Also, "lot" means the batch of contiguous, 

homogenous whole of a product being sold to a single buyer at a single time. 

"Marijuana" as defined in the federal Controlled Substances Act, "marihuana" means all parts of 

the 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 'rnarihuana' does not include hemp, as 

defined in section 297 A ofthe Agricultural Marketing Act of 1946, and does not include the 

mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of 

such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such 

mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of 

such plant which is incapable of germination (7 U.S.C. 16390). "Marihuana" means all cannabis 

that tests as having a concentration level ofTHC on a dry weight basis ofhigher than 0.3 

percent. 

"Measurement ofUncertainty (MU)" means the parameter, associated with the result ofa 

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

to the particular quantity subject to measurement. 

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

would exercise in complying with the regulations set forth under this part. 

"Non-Compliant Hemp" means cannabis plants that exceed the acceptable hemp THC level. 

"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. 

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"Registered Land Area" means a contiguous lot, parcel, or tract ofland registered with the Ute 

Mountain Ute Tribe on which a licensee cultivates hemp. A Registered Land Area may include 

land and buildings that are not used to cultivate hemp. 

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

"Reservation" means the lands held in trust by the United States for the benefit ofthe Ute 

Mountain Ute Tribe. 

"Reverse distributor" means a person who is registered with the DEA in accordance with 21 

CFR 1317.15 to dispose ofmarijuana under the Controlled Substances Act. 

"Secretary" means the Secretary ofthe United States Department ofAgriculture. 

"Tribal Lands" means the trust, allotment, and fee lands owned by the Tribe, including restricted 

fee lands and lands owned by the Tribe beyond the exterior boundaries of the reservation not 

held in trust for the benefit ofthe Tribe or its members. 

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

"USDA" means the United States Department ofAgriculture. 

"Ute Mountain Ute Reservation" means the lands held in trust by the United States for the 

benefit of the Ute Mountain Ute Tribal Members. 

"Variety" means a group of plants or an individual plant that exhibits distinctive observable 

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

TITLE III. COMPLIANCE WITH APPLICABLE LAW 

3.01 Compliance with Other Laws 

Nothing in this Plan authorizes any person to violate any Tribal, federal, or state law or 

regulation and all provisions of this Plan are to be read and understood as compliant with Tribal, 

federal, and state laws and regulations. Where a provision ofthis Plan is inconsistent with Tribal 

or federal law, the Tribal or federal law will supersede the conflicting provision with the federal 

laws controlling. 

3.02 Plan Approval and Revocation 

Before this Plan may be implemented, the Plan must be submitted to and approved by the 

Secretary ofUnited States Department of Agriculture and must remain in good standing with the 

Secretary. 

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Ifthe United States Department ofAgriculture revokes approval ofthis Plan due to 

noncompliance, producers licensed or authorized to produce hemp under the revoked Plan may 

continue to produce for the remainder ofthe calendar year in which the revocation became 

effective. Producers may then apply to be licensed under the United States Department of 

Agriculture plan for 90 days after the notification even ifthe time period does note coincide with 

the annual application window. 

3.03 Tribal Capacity 

By submitting this plan, the Ute Mountain Ute Tribal Council certifies that the Tribe is 

capable ofenforcing the regulations set forth in this Plan and has the resources and personnel to 

carry out the practices and procedures described in this Plan. 

3.04 Audit Compliance 

The Tribe and its personnel involved with the Tribal Hemp Program Plan will cooperate 

with any audit ofthe Tribal Hemp Program performed by the United States Secretary of 

Agriculture. 

3.05 Sovereign Immunity 

With this Plan, the Tribe does not waive the sovereign immunity ofthe Tribe or any ofits 

subordinate entities. 

3.06 Transportation through the Reservation 

Nothing in this Plan is intended to prohibit the transportation or shipment ofhemp or 

hemp products produced in accordance with subtitle G ofthe Agricultural Marketing Act of1946 

on the rights-of-way through the Reservation. 

3.07 License Numbering 

The USDA has established a License Numbering Scheme for Tribal hemp projects that 

includes the Department ofInterior's Identification Code for Tribal Governments followed by 

the Tribe's License Number. For the Ute Mountain Ute Tribe, the Tribal Government 

Identification Code is M45754, so License Numbers under the Tribe's hemps licenses will be 

numbered as follows [M45754_####]. 

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TITLE IV. REPORTING 

4.01 Producer Report 

For each person or entity applying for and receiving a hemp license from the Tribe, the 

Tribe will collect, maintain, and report to the Secretary the following information by the first of 

each month (if the first ofthe month falls on a weekend or holiday, the information will be 

reported in the first business day after the weekend or holiday) using a digital format compatible 

with USDA's information sharing system: 

a) For each new license issued to an individual: 

i) Full name ofLicensee; 

ii) License Number and type oflicense; 

iii) Business address; 

iv) Telephone number; and 

v) Email address (if any); 

b) For each new license issued to an entity: 

i) Full name ofthe entity; 

ii) Principal business address; 

iii) License Number and type oflicense; 

iv) For each employee and key participants, for whom a criminal background 

check is required: 

A) Full name; 

B) Title; and 

C) Email address (if any); and 

v) Employer Identification Number. 

c) For each current license issued to a person or entity: 

i) Contact information; 

ii) License Number; 

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iii) The status ofthe license; and 

iv) Any other authorization issued for each Licensee covered under the Plan. 

d) For each Licensee included in a previous report whose reported information has 

changed: 

i) The new information; and 

ii) The previously reported information; 

e) The status of each license; 

t) The period covered by the report; 

g) Ifhere are no changes from the previous report, an indication that there are no 

changes; and 

h) A legal description of the land on which the Hemp Cultivation Licensee's will 

cultivate hemp including, to the extent practicable, its geospatial location. 

4.02 Reporting By Licensees 

All Hemp Cultivation Licensees must report hemp crop acreage to the Cannabis 

Regulatory Commission, FSA, USDA, and AMS and must provide, at minimum, the following 

information: 

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

greenhouse where hemp will be produced. If a Hemp Cultivation Licensee operates in 

more than one location, that information must be provided for all production sites; 

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

dedicated to the production ofhemp; and 

c) License Number. 

4.03 Disposal Report 

For each Licensee producing cannabis that exceeds the Acceptable Hemp THC Level, the 

cannabis will be disposed ofin accordance with the Controlled Substances Act and DEA 

regulations found at 21 CFR 1317.15. By the first ofeach month, the Tribe will submit to USDA 

a report notifying USDA of any occurrence ofnon-conforming plants or plant material and 

provide a disposal record ofthose plants and materials. The report will include information 

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

reporting period, and the date the disposal was completed. Ifthe first ofthe month falls on a 

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

will contain the following information: 

a) Name and address ofLicensee; 

b) License Number; 

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

other location descriptor for the production area subject to disposal; 

d) Identifying information about the Cannabis Regulatory Commission agent monitoring 

the disposal, unless photos, videos, or other proof of disposal can be provided with the 

approval ofthe Cannabis Regulatory Commission; 

e) Disposal completion date; and 

f) Total acreage. 

4.04 Annual report 

By December 15 of each year, the Tribe will submit an annual report to USDA 

containing the following information: 

a) Total planted acreage; 

b)Total harvested acreage; and 

c) Total acreage disposed. 

4.05 Test Results Report 

Each Licensee with a Hemp Cultivation License must ensure the hemp is tested for total 

THC content by a laboratory approved by the Drug Enforcement Administration. Except for tests 

that are done during the growing season for the purpose ofmonitoring THC levels, the test 

results for each sample must be reported to the USDA within 10 days ofthe completion ofthe 

tests. The test result report must contain the following information: 

i) The Hemp Cultivation Licensee's License Number; 

ii) The name ofthe Hemp Cultivation Licensee; 

iii) The business address of the Hemp Cultivation Licensee; 

iv) Lot identification number for the sample; 

v) The name ofthe laboratory and the DEA registration number for laboratory testing; 

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vi) The date ofthe test and the report; 

vii) Identification or a pre-harvest or post-harvest test; 

viii) The results of the test; and 

ix) The measurement ofuncertainty for the lot tested. 

4.06 Permittee Report 

Each person or entity who has received a Tribal Permit for Off-Reservation Hemp 

Activities must report to the Regulatory Commission at least monthly the following information: 

a) The status ofthe state license and whether any sanctions have been imposed by the 

state with regard to the activities under the license issued by the state; and 

b) Whether any hemp was produced above the total Acceptable Hemp THC Level and, if 

so, evidence ofthe proper disposal ofthe non-compliant hemp. 

TITLE V: TESTING, SAMPLING, AND DISPOSAL 

5.01 Laboratories 

a) The Tribe will ensure that each Licensee will utilize only DEA-registered laboratories 

to conduct the testing ofthe samples from its lots or other materials and reports the test 

results for all samples tested to the USDA. 

b) When a laboratory tests a sample, it must report the total delta-9 tetrahydrocannabinol 

content concentration level on a dry weight basis and the measurement of uncertainty to 

the Licensee and the Tribe's Cannabis Regulatory Commission and conform to all other 

federal regulatory requirements as necessary, such as but not limited to: 

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

results; 

ii) Analytical method selection, validation, and verification must ensure that the 

testing method used is appropriate for the purpose, and that the laboratory can 

successfully perform the testing; 

iii) The demonstration oftesting validity must ensure consistent, accurate 

analytical performance; 

iv) Method performance specifications must ensure analytical tests are 

sufficiently sensitive for the purposes ofthe detectability requirements ofthis Plan; 

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v) Effective disposal procedures for non-compliant samples that do not meet the 

requirements ofthis Plan; 

vi) Measurement of uncertainty must be estimated and reported with the test 

results. Laboratories must use appropriate, validated methods and procedures for all 

testing activities and evaluate measurement of uncertainty; 

vii) Sample preparation pre- and post-harvest must require grinding ifsamples to 

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

procedure described by the USDA; and 

viii) Only laboratories registered with the DEA may conduct testing under this 

Plan. 

5.02 Sampling 

Each Hemp Cultivation Licensee must have each lot sampled by a certified sampling 

agent at least once prior to harvesting pursuant to the following procedures and the Sampling 

Guidelines for Hemp issued January 15, 2021 (Ifthese guidelines conflict with the Tribe's 

Sampling Guidelines, the USDA's Sampling Guidelines will supersede these guidelines): 

a) Within 30 days prior to harvest, samples ofthe plants must be collected by a USDAapproved sampling agent who must be a person other than the Licensee or an employee 

working at the growing facility being sampled. Names of approved sampling agents can 

be obtained from the Cannabis Regulatory Commission; 

b) Samples must be obtained only from the flowering tops ofthe plants when flowering 

tops are present and must be approximately 5 to 8 inches on length from the "main stem" 

(that includes the leaves and flowers), the "terminal bud" (that occurs at the end ofthe 

stem), or "central cola" (cut stem that could develop into a bud) ofthe flowering top of 

the plant; 

c) The method used for sampling must be sufficient at a confidence level of95% that no 

more than 1 % ofthe plants in each lot would exceed the Acceptable Hemp THC Level 

and ensure that a representative sample is collected that represents a homogenous 

composition ofthe lot. 

d) The Hemp Cultivation Licensee or their representative must be present during the 

sampling; 

e) The agent collecting the sample must be trained using Tribal, Colorado State, or 

USDA training procedures; 

f) Agents trained to collect samples must be provided complete and unrestricted access 

during business hours to all hemp and other cannabis plants (whether growing or 

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harvested), to areas where hemp is grown and stored, and to 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 Licensee's license; 

g) A Hemp Cultivation Licensee may not harvest the cannabis crop prior to samples 

being taken; 

h) Samples ofhemp material from one lot may not be comingled with samples from 

another lot; 

i) Sample preparation of pre or post-harvest samples must require grinding in a lab ofthe 

sample in order to ensure homogeneity ofplant material prior to testing; and 

j) For lots ofless than one acre, including greenhouses, sampling agent must select a 

minimum ofone plant to sample. For lots of 1 to 10 acres, including greenhouses, follow 

the chart included in the Sampling Guidelines for Hemp issued January 15, 2021. For 

growing areas larger than 10 acres, including greenhouses, the number ofplants should 

be selected to form a composite sample based upon the Codex Alimentarius 

Recommended Methods of Sampling for the Determination ofPesticide Residues for 

Compliance with MRLS CAC/GL 33-1999. 

5.03 Testing 

Each Hemp Cultivation Licensee must have each lot tested at least once prior to 

harvesting for total delta-9 tetrahydrocannabinol concentration pursuant to the following 

procedures: 

a) The testing procedure must include a validated testing methodology that uses postdecarboxylation or other similarly reliable methods; 

b) The testing methodology must consider the potential conversion ofTHCA in hemp to 

THC and the result must report the total available THC derived from the sum ofthe THC 

and THCA content; 

c) Testing methodologies include, but are not limited to, gas or liquid chromatography 

with detection; 

d) The total THC concentration must be determined and reported on a dry weight basis; 

e) Any test ofa representative sample resulting in a higher than Acceptable Hemp THC 

Level is conclusive evidence that the lot represented by the sample is not in compliance 

with this Plan and must be disposed of or remediated in accordance with this Plan; 

f) Samples ofhemp plant material from one lot may not be commingled with hemp plant 

material from other lots; and 

Page 15 of2 l 
g) The measurement ofuncertainty must be estimated and reported with the test results. 

5.04 Remediation and Disposal 

Plants which test above the Acceptable Hemp THC Level must be disposed ofor 

remediated in order to bring the lot under Acceptable Hemp THC Levels. 

a) Generally 

i) Licensees must verify disposal or remediation by submitting required 

documentation to the USDA with a copy to the Commission; 

ii) Licensees must make all records related to disposal or remediation available 

for inspection by the Cannabis Regulatory Commission, the USDA, auditors, or 

their representatives during reasonable business hours; 

iii) Verification of remediation or disposal may be in the form of in-person 

observation by the Cannabis Regulatory Commission's authorized representative, 

or by providing pictures, videos, or other proof that disposal or remediation 

occurred successfully; 

iv) Ifremediation is not successful, the remaining plants and plant materials must 

be destroyed and rendered incapable of entering the market; and 

v) Upon notification that a lot has tested above the Acceptable Hemp THC Level, 

the Licensee must notify the Commission of the Licensee's decision to either 

destroy or remediate the non-compliant lot in accordance with the Tribal Hemp 

Program Plan and the process which will be implemented to execute the disposal 

or remediation. 

b) Disposal 

There are two methods for disposal ofnon-compliant plant materials: disposal by 

a reverse distributor and disposal by on-farm activities. Either means of disposal is 

acceptable under this Act, and the Licensee must inform the Cannabis Regulatory 

Commission ofthe method to be utilized before disposal may occur. 

i) Disposal of non-compliant pants and plant material must be conducted by a 

DEA-registered reverse distributor or law enforcement officer, or can be done on 

site at the location of the cultivation; and 

ii) Disposal may be achieved by performing any one or combination ofthe 

following on-farm activities; plowing under, mulching, composting, disking, bush 

mowing, deep burial, and burning. 

Page 16 of21 
c) Disposal by Reverse Distribution 

Any person that reverse distributes hemp material must be registered with the 

DEA as a reverse distributor, unless exempted by law or otherwise authorized pursuant to 

21 CFR Part 1317. A reverse distributor must acquire the hemp material from a Licensee 

pursuant to 21 CFR §§ 1317.05 and 1317.55(a) and (c) in the following manner: 

i) Pick-up the hemp material from a Licensee at the Licensee's registered location 

or authorized collection site; or 

ii) Receive the hemp material delivered by common or contract carrier or 

delivered directly by a non-practitioner. 

A) Delivery to the reverse distributor by a Licensee directly or by common 

or contract carrier may only be made to the reverse distributor at the 

reverse distributor's registered location. Once en route, such deliveries 

may not be re-routed to any other location or person, regardless of 

registration status. 

B) All deliveries to a reverse distributor may only be personally received 

by an employee of the reverse distributor at the registered location. 

iii) Upon acquisition ofthe hemp material by delivery or pick-up, a reverse 

distributor must: 

A) Immediately store the hemp material in accordance with the security 

controls in parts 1301 and 1317 of21 CFR at the reverse distributor's 

registered location or immediately transfer the hemp material to the 

reverse distributor's registered location for secure storage in accordance 

with the security controls in parts 130 I and 1317 of 21 CFR until timely 

destruction or prompt return ofthe hemp material to the Licensee or other 

person authorized by the Licensee to accept returns or recalls on the 

Licensee's behalf; 

B) Promptly deliver the hemp material to the Licensee or another person 

authorized by the Licensee to accept returns or recalls on the Licensee's 

behalf; or 

C) Timely destroy the hemp material in a manner authorized by federal 

law; 

iv) A reverse distributor must destroy or cause the destruction of any hemp 

material received for the purpose of destruction no later than 30 calendar days 

after receipt; 

Page 17 of21 
d) Remediation 

Remediation must be done by the Licensee, the Commission, or by the USDA, 

and, regardless ofthe party who remediates the non-compliant plants and plant materials, 

compliance with this provision is the responsibility of the Licensee. 

i) Non-complaint Hemp Program Plants may be remediated by: 

A) Separating and destroying non-compliant flowers, while retaining 

stalks, leaves, and seeds; 

1) The flowers, including the buds, trichomes, "trim", and "kief', 

must be removed from the lot and destroyed as described in the 

Tribe's Hemp Program Plan; 

2) The stalks, leaves, and seeds must be separated from the noncompliant floral material and clearly labeled and demarcated as 

"hemp for remediation purposes" or some similar notation; and 

3) Seeds removed for remediation purposes may not be used for 

propagative purposes; or 

B) Shredding the entire plant to create "biomass". 

1) All flowers, buds, trichomes, leaves, stalks, and all plant parts 

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

a homogenous, unifonn blend ofthe lot; 

2) Lots must be kept separate and not be combined during this 

process; 

3) The biomass must be sampled and tested to ensure the biomass 

material test within Acceptable HEMP THC Levels before it may 

enter the stream of commerce; and 

4) Ifthe biomass tests above the Acceptable Hemp THC Level, 

then it must be disposed of; 

5) The remediated biomass must be separated from any compliant 

hemp stored in the area and clearly labelled and demarcated as 

"hemp for remediation purposes" or similar notation and all lots 

subject to remediation should be stored, labelled, and demarcated 

apart from each other and from other compliant hemp lots stored or 

held nearby; and 

Page 18 of21 
6) Remediated lots should not leave the stored area until there is a 

test result showing compliance with the Acceptable Hemp THC 

Level is received or until the biomass will be destroyed. 

ii) Resampling and re-testing remediated plants and plant-materials. 

A) Remediated biomass must be resampled and retested before entering 

the stream of commerce; 

B) Biomass that fails the re-testing must be destroyed; 

C) Biomass samples must be taken from various depths, locations, and 

containers in the labelled and demarcated area in order to collect a 

representative sample ofthe material using the procedure set forth in this 

Section; 

D) The biomass samples must be at least 750 ml or three standard 

measuring cups ofbiomass material. If 750 ml is not available, then a 

representative sample must be taken; and 

E) The results ofthe re-testing must be maintained for 3 years from the 

date ofre-testing. 

F. Remediated materials from section A must receive a compliant THC 

test before they may enter commerce. 

5.05 Fees and Costs 

Licensees are responsible for paying all costs for sampling, testing, remediation, 

and disposal as applicable. 

TITLE VI. ENFORCEMENT AND VIOLATIONS 

6.01 Producer Violations 

Licensees and Permittees who violate the terms ofthis Plan are subject to enforcement in 

accordance with the terms ofthis section. 

6.02 Negligent Violations 

Negligent violations include, but are not be limited to: 

a) Failure to provide a legal description ofland on which the producer produces hemp; 

b) Failure to obtain a license, permit, or other required authorization from the Tribe; or 

Page 19 of21 
c) Production of cannabis with a total delta-9 tetrahydrocannabinol concentration 

exceeding the Acceptable Hemp THC Level. Hemp producers do not commit a negligent 

violation under this paragraph, ifthey make reasonable efforts to grow hemp and the 

cannabis does not have a total delta-9 tetrahydrocannabinol concentration ofmore than 

1.0 percent on a dry weight basis. 

6.03 Corrective Action for Negligent Violations 

Negligent violators will be subject to a corrective action plan which must include, at 

minimum, the following terms: 

a) A reasonable date by which the Licensee or Permittee will correct the negligent 

violation; 

b) A requirement that the Licensee or Permittee will periodically report to the Tribe on its 

compliance with this Plan for a period of not less than the next 2 years from the date of 

the negligent violation; 

c) A Licensee or Permittee that negligently violates this Plan may not as a result ofthat 

violation be subject to any criminal enforcement action by the Federal, State, Tribal, or 

local government; 

d) A Licensee or Permittee that negligently violates this Plan three times in a 5-year 

period is ineligible to obtain a hemp license or permit from the Tribe for a period of 5 

years beginning on the date ofthe third violation; and 

e) The Tribe will conduct inspections to determine whether the corrective action plan has 

been implemented as submitted. 

6.04 Culpable Violations 

Ifthe Tribe determines that a Licensee or Permittee has violated this Plan with a culpable 

mental state greater than negligence, the Tribe will immediately report the producer to: 

a) The U.S. Attorney General; and 

b) The chieflaw enforcement officer ofthe Tribe. 

c) Paragraphs 6.02 and 6.03 ofthis Title do not apply to culpable violations. 

6.05 Felonies 

a) A person with a State or Federal felony conviction relating to a controlled substance is 

subject to a 10-year ineligibility restriction on participating in this Plan and producing 

hemp under this Plan from the date ofthe conviction. An exception applies to a person 

Page 20 of21 
who was lawfully growing hemp under the 2014 Farm Bill before December 20, 2018, 

and whose conviction also occurred before that date. 

b) Any Licensee or Permittee growing hemp lawfully with a Tribal license, permit, 

registration, or authorization under a pilot program authorized by section 7606 of the 

Agricultural Act of2014 (7 U.S.C. 5940) before October 31, 2019 is exempted from 

paragraph a) ofthis section 6.05. 

c) For Licensees and Permittees that are entities, each employee engaged in the 

cultivation, manufacture, distribution, transport, or importation ofhemp is subject to 

these provisions. 

6.06 False Statement 

Any person who materially falsifies any information contained in an application to 

participate in activities regulated by this Plan is ineligible to obtain a Tribal license or permit. 

TITLE VII. INSPECTIONS 

7.01 Inspections 

The Tribe will ensure that random samples of hemp materials will be sampled and tested 

at least once per year for each Licensee's hemp operations. 

TITLE VIII. USDA PLANS 

8.01 USDA Plans 

Ifthis Plan is not approved by the USDA and the Tribe has not prohibited the production 

ofhemp within Tribal Lands, a producer may produce hemp on the Tribal Lands in accordance 

with USDA regulations. 

END 

Page 21 of2 1 
CANNABIS CONTROL ACT 

ofthe 

UTE MOUNTAIN UTE TRIBE 

TITLE I - GENERAL PRINCIPLES 

1.01 Purpose 

In order to promote the economic welfare ofthe Ute Mountain Ute Tribe and its 

Members, the Ute Mountain Ute Tribal Council hereby authorizes the possession, cultivation, 

distribution, and manufacture of cannabis. Nothing in this Act is intended to authorize activities 

which are prohibited by federal law. 

1.02 Authority and Jurisdiction 

Exercising the authority granted to it under Article V, Section l(b)(d)G)(n) and (p) ofthe 

Constitution and By-Laws ofthe Ute Mountain Ute Tribe, as adopted on May 8, 1940 and as . 

subsequently amended, the Ute Mountain Ute Tribal Council approves this Act by Resolution 

Number 2022-067, passed on April 20, 2022. The matters addressed within this Act are entirely 

within the jurisdiction ofthe Tribal Council. 

No license may be issued pursuant to this Act until the Tribal Hemp Program Plan Act is 

approved by the USDA and remains in effect. Ifthe Hemp Program Plan is suspended or 

terminated, then this Act will simultaneously be suspended or terminated. Ifthis Hemp Program 

Plan is suspended or terminated by the USDA, Hemp Cultivation Licensee's who received a 

license before the Hemp Program Plan was suspended or terminated may continue to operate, but 

only so long as they obtain a license from the USDA under USDA's guidelines so long as hemp 

production remains legal on Tribal Lands. 

These regulations apply to all hemp operations on the Tribe's fee lands, allotments, and 

trust lands and no person will be allowed to cultivate, possess, distribute, transport, or import 

hemop ofany kind on Tribal Fee Lands without first obtaining a license under this Act and 

complying with all relevant regulations. Additionally, no person may cultivate, possess, import, 

transport, or distribute hemp on Tribal Fee lands without first obtaining proper authority from the 

state within which the cannabis operations will occur. The Tribe does not take the responsibility 

to ensure that all Licensees are in compliance with any applicable state license or permit and 

does not assume any liability for the failure of a Licensee to maintain compliance with a state 

license or permit. 
Cannabis Control Act 

1.03 Sovereign Immunity 

By adopting this Act and exercising the right and obligations set forth in this Act, neither 

the Tribe nor any ofits employees, officers, agents, departments, programs, commissions, or any 

other entity entitled to enjoy the sovereign status ofthe Tribe consents to have any matter related 

to this Act adjudicated in any court, tribunal, or other adjudicative body. Consent is hereby 

provided, however, for actions against the Cannabis Regulatory Commission, but only as set 

forth in this Act and such claims are enforceable against the Cannabis Regulatory Commission 

only and are not enforceable against the Tribal government. 

1.04 Hemp Legalization 

Possession, cultivation, distribution, import, transport, and manufacture of hemp and 

hemp products by a person 21 years of age or older is hereby legal on the Ute Mountain Ute 

Reservation and within the jurisdiction of the Tribe, but only so long as the possession, 

cultivation, distribution, import, transport, and manufacture is compliant with this Act and is not 

prohibited by the laws ofthe United States or the state within which the possession, cultivation, 

distribution, import, transport, or manufacture is taking place. 

1.04.01 United States Regulations 

If any activity related to hemp under this Act is deemed by the United States or a 

court of competent jurisdiction to be prohibited under federal law, then the same activity 

is prohibited under this Act in the same manner and any language in this Act which 

authorizes such activities is hereby nullified. 

a) Marijuana 

Possession, cultivation, distribution, import, transport, and manufacture of 

marijuana and marijuana products on Tribal Lands is not authorized by this Act 

and remains illegal. 

Hemp Possession, cultivation, distribution, import, transport, and 

manufacture on Tribal Lands is authorized by this Act only to the extent such 

activities are authorized by the Agricultural Improvement Act of 2018 (P.L. 115-

334, also known as the Farm Bill). This Act authorizes the possession, cultivation, 

distribution, import, transport, and manufacture ofhemp and hemp products only 

to the extent such activities are not prohibited by the United States. 

1.05 Interpretation 

This Act is to be read consistently with federal laws and the Tribe's Hemp Program Plan 

that address the same activities as this Act and is not intended to supersede, alter, or diminish the 

applicability of any federal law to activities authorized by this Act. To the extent that any federal 

Page 2 of44 

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Cannabis Control Act 

law or the Hemp Program Plan is inconsistent with this Act, the federal law and the Hemp 

Program Plan will apply, in that order, and the authority granted by this Act is nullified or 

deemed amended so as to comply with the law or the Plan when practicable. 

These rules are to be liberally construed in order to meet the purpose ofthis Act. 

1.06 Applicable Lands 

This Act applies to activities conducted on Tribal trust lands, allotments, Tribally-owned 

restricted fee and fee lands whether within the boundaries ofthe reservation or not. No provision 

of this Act allows the possession, cultivation, distribution, import, transport, or manufacture of 

cannabis or cannabis products on any non-trust federal lands or properties so long as such 

possession, cultivation, distribution, import, transport, or manufacture is prohibited by the United 

States. 

1.07 "Possession, Cultivation. Distribution, Import, Transport, or Manufacture" 

The use ofthe phrase "possession, cultivation, distribution, import, transport, or 

manufacture" in this Act is intended to be comprehensive and to include all activities related to 

cannabis which are conceptually capable ofregulation in any way. This Act is intended to 

regulate all activities related to cannabis in all its forms. Ifany activity related to cannabis is not 

specifically regulated by this Act, but can be reasonably included in these regulations, then this 

Act is deemed amended in order to include the activity. Ifsuch activity is not capable ofbeing 

included in these regulations, then the activity is not deemed to be regulated by this Act. 

1.08 Subsequent Amendments 

Any substantive amendments to this Act which alter the way this Act complies with 

applicable federal laws or the Tribal Hemp Program Plan must be submitted to the USDA for 

approval within 60 days ofthe effective date ofthe amendments. The amendments under review 

may not be implemented or enforced until the USDA approves the amendments, and any 

amendments which are rejected by the USDA will not take effect. 

1.09 Definitions 

Unless indicated otherwise in this Act, the following terms have the following meanings: 

"Acceptable Hemp THC Level" means the application ofthe 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 percent or less. 

"Act" means this Cannabis Control Act. 

"AMS" means Agricultural Marketing Service. 

Page 3 of44 

Cannabis Control Act 
Cannabis Control Act 

"Cannabis" means any ofthe aerial parts of a plant in the genus Cannabis, and includes 

both marijuana and hemp. 

"Cannabis Regulatory Commission" means the Tribal agency established by this Act for 

the regulation ofcannabis. 

"Cannabis Products" means items that contain cannabis in any form. 

"CBD" means cannabidiol. 

"Controlled Substance" means a substance regulated by the federal Controlled 

Substances Act. 

"Conviction" means any plea of guilty or nolo contendere, or any finding of guilt, except 

when the finding of guilt is overturned on appeal, pardoned, or expunged, or when the 

plea is withdrawn and the case is subsequently dismissed. 

"Culpable Mental State Greater than Negligence" means to act intentionally, knowingly, 

willfully, or recklessly. 

"Cultivation" means to grow, harvest, dry, and cure a plant. 

"DEA" means the United States Drug Enforcement Administration. 

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

or organic compound. 

"Disposal" means destroying non-compliant hemp or hemp material for research 

purposes using one ofthe approved on-farm methods. Approved methods include 

plowing under, mulching or composting, disking, bush mowing, deep burial, and burning. 

"Distribution" means the intentional transfer on an item from one person to another with 

the intent ofchanging its ownership whether the transfer is with or without compensation. 

"Drug" means a substance used in the diagnosis, treatment, or prevention of a disease or 

as a component of a medication. 

"Dry Weight Basis" means the ratio of the amount ofmoisture in a sample to the amount 

of dry solid in a sample. 

"Farm Bill" means the Agricultural Improvement Act of2018 (P.L. 115-334). 

"Fee Lands" means lands help by the Tribe that are not in trust, regardless ofwhere the 

lands are located and regardless ofwhether the lands are in restricted status. 

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Cannabis Control Act 
Cannabis Control Act 

"Geospatial Location" means a location designated through a global system of 

navigational satellites used to determine the precise ground position of a place or object. 

"Hemp" means the plant ofthe genus cannabis and any part of such plant, whether 

growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed 

0.3 percent on a dry weight basis. Hemp does not include marijuana. 

"Hemp Material" or "Hemp Program Plant Material" means the product resulting from 

the remediation or disposal of Hemp Program Plants and any other substance derived 

from the Hemp Program Plant before or during manufacturing into a hemp product. 

"Hemp Product" means any substance derived from the Hemp Program Plant that is in its 

final or near-final form. 

"Import" or "Importation" means bringing a product onto Tribal Lands with the purpose 

of utilizing, distributing, or consuming the product on Tribal Lands, and does not 

include, for instance, transporting the product through Tribal Lands on a state right-ofway when the product will not be utilized, distributed, or consumed on Tribal Lands. 

"Key Participant" means a sole proprietor, a partner in a partnership, or a person with 

executive managerial control in a corporation, such as a chiefoperating officer, chief 

executive director, and chief financial officer. This definition does not include nonexecutive managers, such as farm, field, or shift managers, or elected or appointed 

officials unless the official is part ofmanagement. 

"Liquid chromatography" means a type of chromatography technique in analytical 

chemistry used to separate, identify, and quantify each component ofa mixture. 

"Lot" means a contiguous area in a field, greenhouse, or indoor growing structure 

containing the same variety or strain ofcannabis throughout the area. Also, "lot" means 

the batch ofcontiguous, homogenous whole of a product being sold to a single buyer at a 

single time. 

"Manufacture" means the process oftransforming a raw product by intentionally 

combining it with other materials or purposefully altering its state. 

"Marijuana" means cannabis, whether growing or not, with a THC concentration greater 

than 0.3 percent on a dry weight basis, the seeds thereof, the resin extracted from any part 

ofthe plant, and every compound, salt, derivative, mixture, or preparation ofthe plant, its 

seeds, or resin. Marijuana does not include Hemp. The term does not include the mature 

stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the 

plant, and other compound, manufacture, salt, derivative, mixture, or preparation ofthe 

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

seed ofthe plant which is incapable of germination. See 21 U.S.C.A. §802 (16) (2014). 

Page 5 of44 

Cannabis Control Act 
Cannabis Control Act 

"Measurement ofUncertainty" means the parameter associated with the result ofa 

measurement that characterizes the dispersion ofthe values that could reasonably be 

attributed to the particular quantity subject to measurement. 

"Negligence" means failure to exercise the level of care that a reasonable and prudent 

person would exercise. 

"Non-Compliant Hemp" means cannabis plants that exceed the acceptable hemp THC 

level. 

"Person" means an individual, a group, or an entity. 

"Possession" means having knowing control of an item. 

"Post-decarboxylation" means, in the context oftesting methodologies for THC 

concentration levels in hemp, a value determined after the process of decarboxylation that 

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

THCA content reported on a dry weight basis. 

"Remediation" means the process ofrendering non-compliant cannabis compliant. 

"Reverse Distributor" means a person who is registered with the Drug Enforcement 

Agency in accordance with 21 CFR 1317 .15 to dispose ofmarijuana under the Controlled 

Substances Act. 

"Secretary" mean the Secretary ofthe United States Department ofAgriculture. 

"THC" means delta-9 tetrahydrocannabinol. 

"Tribal Council" mean the governing body of the Ute Mountain Ute Tribe as described in 

the Tribe's Constitution and By-Laws. 

"Tribal Court" means the Court ofIndian Offenses, Ute Mountain Ute Agency, or any 

other court authorized by the Tribal Council to assert jurisdiction over matters related to 

this Act. 

"Tribal Lands" means Fee Lands, Allotments, and Reservation Lands of the Ute 

Mountain Ute Tribe. 

"Tribal Law" means the laws ofthe Tribe as amended, including but not limited to this 

Act, official Resolutions that are in effect, and the Tribal Law and Order Code. 

"Tribe" means the Ute Mountain Ute Tribe. 

"USDA" means the United States Department of Agriculture. 

Page 6 of 44 

Cannabis Control Act 
Cannabis Control Act 

"USDA Licensee" means a person, partnership, or corporation licensed under the US 

Department ofAgriculture plan to grow hemp. 

TITLE II. CANNABIS REGULATORY COMMISSION 

2.01 Commission Established 

The Cannabis Regulatory Commission is hereby created as a function ofthis Act and will 

remain in effect until this Act is amended or until further action ofthe Tribal Council. The 

Commission is a sovereign arm ofthe Tribal Government with authority to implement and 

enforce the requirements of this Act. The Commission is not an elected body and Members are 

selected and appointed by the Tribal Council and serve at the discretion ofthe Tribal Council. 

The Commission is regulated by the Tribe's Ethics Code, or all other Tribal regulations intended 

to apply to appointed officials ofthe Tribe. 

The Commission may utilize the administrative services ofthe Tribe, such as, but not 

limited to, the Finance Department, Human Resources Department, and the Justice Department, 

and is regulated by the Tribe's administrative policies such as, but not limited to, the 

Constitution andBy-Laws, Personnel Policies andProcedures Manual, and the procurement 

policies. 

2.02 Commission Roles and Responsibilities 

a) Licensing 

The Commission is responsible for ensuring that no license or permit related to 

cannabis production is issued that does not fully comply with the terms ofthis Act and 

that all related Licensee's comply with the requirements ofthis Act. The Commission has 

the authority to issue fines, penalties, and hearing process documents as set forth in this 

Act. 

b) Protocols, Forms, and Notices 

The Commission may establish and implement protocols, create forms, set times 

of operation, issue notices, establish fees, and perform all functions relevant to the 

execution ofthese rules and regulations. 

c) Amendments to this Act and By-Laws 

The Commission may suggest changes to this Act and its By Laws, but the 

Commission may not amend this Act or its By Laws without approval ofthe Tribal 

Council. Amendments to this Act and By-Laws do not take effect until approved by the 

Tribal Council. 

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Cannabis Control Act 
Cannabis Control Act 

d) Enforcement and Compliance 

The Commission is authorized to retain trained inspectors and agents in order to 

conduct inspections and reviews required to ensure Licensee's are in compliance with 

this Act. The Commission must issue fines and penalties as set forth in this Act when 

applicable and may conduct hearings for this purpose. 

e) Testing Protocols and Facilities 

The Commission must ensure that all testing is performed using procedures set 

forth in this Act and that all facilities utilized by Licensee's are properly certified. 

2.03 Membership 

a) Number and Appointment 

The Cannabis Regulatory Commission is comprised of 7 Members appointed by 

the Tribal Council. At least one Member must be a duly enrolled Member ofthe Tribe 

residing in Towaoc, at least one other Member must be a duly enrolled Member ofthe 

Tribe residing in White Mesa, and at least one Member must be a duly enrolled Member 

of the Tribe serving at-large (Towaoc, White Mesa, or off-reservation). There may be as 

many ex-officio and liaison positions as the Tribal Council determines is necessary for 

the efficient and effective operations ofthe Commission. 

b) Qualifications 

No Member ofthe Commission may have ever been convicted ofa felony or any 

offense involving misuse or illegal possession a controlled substance. No Member of the 

Commission may be on probation or parole for any drug-related offense while sitting on 

the Commission. Members who are charged with a crime during the term oftheir 

membership that would prevent them from sitting on the Commission if convicted may 

be recused or removed at the discretion ofthe remaining Members ofthe Commission, as 

set forth below, or by the Tribal Council acting by Resolution. 

No Member ofthe Commission may have ever been removed from any other 

commission or board for improper behavior. 

No Member ofthe Commission may apply for or hold a License issued by the 

Commission while sitting as a Member ofthe Commission. 

No Member ofthe Commission may sit on the Commission while under sanction 

imposed pursuant to this Act, such as, but not limited to, restraints on acquiring a License 

under this Act. 

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Cannabis Control Act 
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Each Member serves a term of three years with the initial terms to be staggered 

for 1, 2 and 3 year terms as determined by the Commission at its first meeting or as soon 

as practicable. Members are not prohibited from serving multiple terms. 

d) Resignation and Removal 

Any Member ofthe Commission may resign at any time by sending a written 

notice ofresignation to the Chairman ofthe Commission. 

Any Member may be removed from the Commission by a 2/3 vote ofthe 

remaining Members when the Members ofthe Commission determine: 

i) That the Member has failed to appear for three consecutive regular meetings 

without notice and reasonable excuse; 

ii) That the Member has a conflict ofinterest that prevents the Member from 

acting effectively on the Commission and refuses to recuse himself; 

iii) That the Member has violated the rules pertaining to the Commission and such 

violation is worthy ofremoval; 

iv) That the Member has been charged with a crime that, if convicted, would 

prohibit them from sitting on the Commission; or 

v) That there is other justifiable cause to remove the Member and the removal is 

endorsed by the Chairman ofthe Tribal Council. 

2.04 Officers 

The Commission is comprised of a Chairman, Vice Chairman, and Secretary to be 

selected once per year or upon the resignation or removal of an Officer. 

The Chairman will preside over all meetings ofthe Commission and may move and vote 

as a Member. The Chairman is responsible for ensuring that the Commission meets its 

obligations under this Act and performs all duties effectively. 

The Vice Chairman will assume the duties ofthe Chairman in the absence ofthe 

Chairman. 

The Commission Secretary will keep minutes of all meetings, assuring the documentation 

of all attendees, all motions and abstentions, and all matters of importance during meetings. The 

Commission Secretary will maintain a file of all documents produced or secured by the 

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Commission,and will provide such documents to the Tribal Administration as requested. The 

Commission Secretary will ensure that all reports required to be filed by the Tribe under the 

Hemp Program Plan will be filed on time and will be accurate and comprehensive. 

2.05 Meetings 

"Regular" meetings ofthe Commission will occur at intervals established from time to 

time by the Commission, but no less frequently than once per month. "Special" meetings ofthe 

Commission may be called at any time by the Chairman ofthe Commission or by any two 

Members of the Commission upon proper notice to the other Commissioners. 

Meetings may be attended and action may be taken by the Commission in any manner 

that is reasonable to the Commission, such as telephonic attendance or voting by electronic mail, 

but only so long as the procedures for the attendance ofmeetings and taking action have been 

approved by the Tribal Council acting by official Resolution. Until such procedures are 

approved by the Tribal Council, all meetings must be in person (unless otherwise authorized by 

the Chairman ofthe Tribal Council) and all actions must be while a quorum is present. 

2.06 Quorum and Action 

Unless the Commission submits alternative rules and such rules are approved by 

Resolution ofthe Tribal Council, actions by the Commission must be supported by motion and a 

majority vote ofthe Members present at a meeting ofthe Commission where a majority ofthe 

Members are present. Any Commissioner may abstain from voting on any action ofthe 

Commission, but such abstention must be supported by reasonable cause and the name ofthe 

Member abstaining and the basis for the abstention must be recorded into the minutes ofthe 

meeting. 

2.07 Conflicts ofInterest and Recusal 

No Member ofthe Commission may participate in discussions or investigations related to 

any matter which will have a direct or indirect impact on an interest ofthe individual Member ­

or that may appear to have such an impact - to such an extent that the Member's ability to render 

a fair and impartial decision on the matter is reasonably questionable. Matters which affect all 

the Members ofthe Commission fairly equally or that affect all Members ofthe Tribe may not 

form the basis for recusal due to the conflict ofinterest unless the Commission Member recusing 

himself decides otherwise. 

2.08 Powers ofthe Commission 

In addition to any other powers granted by the Tribal Council, the Commission has the 

authority to enforce the provisions ofthis Act, including the power to file complaints and levy 

fines, fees, and costs, to subpoena persons and records, to call hearings, to examine witnesses 

and documents, to conduct investigations, to recommend legislation to the Tribal Council, and to 

manage the budget established for the Commission. 

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a) Complaints 

As set forth in this Act, the Commission has the authority to issue complaints to 

persons or entities believed to be in violation ofthis Act and to force such alleged 

violators to answer the complaint or face the penalties of default. The Commission must 

establish and maintain procedures for this purpose which will not be in effect until 

approved by the Tribal Council. 

b) Fines, Fees, and Costs 

The Commission may impose and collect fees as set forth in this Act in such 

amounts as to defray the actual costs ofperforming its duties under this Act. Costs, as 

opposed to penalties, may be imposed on those violating this Act, so long as such costs 

are reasonable and directly related to costs incurred in enforcing this Act against 

violators. In order to ensure consistency, the Commission must establish a schedule of 

fines to be imposed for violations ofthis Act and set the fines in amounts that are 

reasonably calculated to address damages caused by such violations and that are likely to 

deter such behavior in the future. 

c) Subpoena Power 

The Commission is authorized to issue subpoenas in its name in order to secure 

the presence ofwitnesses for hearings and to obtain records and objects reasonably 

necessary for the conduct of an investigation. Parties seeking subpoenas for hearings set 

by the Commission may utilize the authority ofthe Commission to execute and enforce 

the subpoenas. 

d) Conduct Hearings 

As set forth in this Act, the Commission has the authority to call hearings and to 

compel the attendance ofthe accused and witnesses and the production ofdocuments and 

tangible things. The hearing will be conducted by rules established by this Act and the 

Commission and must adhere to the strictest principles of due process and fairness under 

Tribal Law. Hearings are not open to the public, but a reliable and audible recording must 

be made ofthe hearings for appeal purposes; however, the failure to make and retain a 

recording may not be used as a basis to determine the merits of an appeal. Parties to a 

hearing may utilize attorneys at their discretion and at their cost. 

e) Budget 

The Chairman of the Commission is responsible for ensuring that a budget is 

prepared and submitted to the Tribal Council each year in a manner established annually 

by the Tribe. The proposed budget must include all known and reasonably anticipated 

expenses ofthe Commission including supplies and overhead, travel costs, training, and 

other reasonably related expenses, as well as a calculation of anticipated revenues. The 

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Commission may seek grants and other forms offunding from third parties so long as 

applications for such funds are approved by the Tribal Administration. 

f) Inspections 

The Commission must ensure that each Licensee is conducting their operations in 

compliance with this Act and may do so by conducting regular and random inspections. 

No notice is required before an inspection and all Licensee's must allow the Commission 

inspectors to observe operations, inspect the premises, review records, and conduct any 

other activity reasonably related to ensuring compliance. 

g) USDA Compliance 

The Commission must ensure this Act is in compliance with USDA regulations 

and must properly and promptly address any compliance matters that result from USDA 

audits or other federal and Tribal mandates. Ifthe Act must be amended in order to 

comply with federal law, an adverse audit finding, or federal and Tribal mandates, then 

the Commission must immediately notify the Tribal Council ofthe required changes. 

2.09 Procedures 

The Commission may establish procedures not already established by this Act for the 

conduct ofits business, including a schedule for fees and fines, procedures for meetings and 

hearings, and By-Laws. Such procedures are not effective until approved by Resolution of the 

Tribal Council, but may be adhered to before a Resolution is approved so long as a draft ofthe 

procedures has been submitted to the Tribal Council and is scheduled to be heard by the Tribal 

Council. Once approved by the Tribal Council, the procedures must be published at the Tribal 

Administration Buildings in Towaoc and White Mesa and be available for review by the public 

at large. 

2.10 By-Laws 

As soon as practicable after its first meeting, the Commission must draft By-Laws for 

consideration by the Tribal Council. Amendments to the By-Laws may be suggested to the 

Tribal Council when necessary and no amendment will be in effect until approved by the Tribal 

Council. 

2.11 Public Notification 

This Act, the Program Plan, the schedule offees, meeting dates and times, and all 

proposed amendments thereto must be posted at the offices ofthe Commission and the Tribal 

Administration buildings in Towaoc and White Mesa in such a manner that they can be easily 

reviewed by members ofthe public during regular business hours. 

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TITLE III. MARIJUANA LICENSES 

3.01 Marijuana Prohibited 

Possession, cultivation, distribution, and manufacture ofmarijuana and marijuana 

products are prohibited on Tribal Lands under this Act unless specifically authorized by the 

Tribal Council by Resolution.. 

TITLE IV. HEMP LICENSES 

4.01 Non-Compliant Hemp Prohibited 

So long as the possession of cannabis and cannabis products containing greater than 0.3% 

THC are prohibited under federal law, such possession is prohibited by this Act. This Act must 

be amended before the cultivation, possession, or manufacture of cannabis or cannabis products 

containing greater than 0.3% THC are legal on the Ute Mountain Ute Reservation regardless of 

whether the federal regulations pertaining to such activities are ever changed. 

4.02 Licenses Available 

There are six types ofTribal hemp licenses (Industry, Importation, Cultivation, 

Distribution, Product Manufacture, and Transportation) and one type ofpermit (Tribal Permit for 

Off-Reservation Hemp Activities). If the Tribe's Hemp Program Plan is rejected, suspended, or 

terminated by the USDA for non-compliance with applicable federal laws and the Tribe has not 

prohibited the cultivation or possession of hemp, then hemp cultivators may seek a license from 

the USDA and operate under the regulations contained in this part regarding USDA licensees. 

4.03 Hemp Industry License 

All persons engaging in any aspect ofthe cannabis industry on Tribal Lands must first 

obtain a Hemp Industry License, whether the person intends to import, cultivate, distribute, or 

manufacture hemp, or be employed by a person or entity intending to import, cultivate, 

distribute, or manufacture hemp. Hemp Industry Licenses do not include the authority to import, 

cultivate, distribute, or manufacture hemp. The purpose ofrequiring a Hemp Industry License is 

to ensure that all persons engaged in the cannabis industry pursuant to this Act meet minimal 

standards, such as character and criminal history. 

4.04 Hemp Import License 

No person or entity may import hemp, hemp seed, or hemp product onto Tribal Lands for 

the purpose ofutilizing, distributing, cultivating, or consuming the hemp, hemp seed, or hemp 

product without first obtaining a Hemp Import Licenses. Regulatory Commission Hemp Import 

Licenses do not include authorization for the cultivation, distribution, or manufacture of hemp. 

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4.05 Hemp Cultivation License 

No person or entity may cultivate hemp on Tribal Lands without first acquiring a Hemp 

Cultivation Licenses. Hemp Cultivation Licenses are for the cultivation of hemp and do not 

include authorization for the importation, distribution, or manufacture of hemp. 

4.06 Hemp Distribution License 

No person may distribute hemp, hemp seeds, or hemp products on Tribal Lands without 

first obtaining a Hemp Distribution License from the Cannabis Regulatory Commission. A 

Hemp Distribution License is not necessary when the distribution is not for consideration and is 

to a friend or family member when the distributor did not cultivate or manufacture the product 

distributed. Hemp Distribution Licenses for the distribution ofhemp, hemp seed or hemp 

products do not include authorization for the importation, cultivation, or manufacture of hemp. 

4.07 Hemp Product Manufacturing License 

No person or entity may manufacture product from hemp or, hemp seed on Tribal Lands 

without first obtaining a Hemp Product Manufacturing License from the Cannabis Regulatory 

Commission. Hemp Manufacturing License do not include authorization for the importation, 

cultivation, or distribution of hemp. 

4.08 Hemp Transport License 

No person or entity may transport hemp, hemp seed, or hemp product within or away 

from Tribal Lands without first obtaining a Hemp Transport License from the Cannabis 

Regulatory Commission. Hemp Transport Licenses do not include authorization for the 

importation, cultivation, manufacture, or distribution ofhemp. This provision is not intended to 

prohibit the transport of hemp through the Tribal Lands when the hemp is not being delivered to 

a person or entity on the Tribal Lands. Delivery of hemp material to a person or entity on Tribal 

Lands will require a Hemp Distribution License. 

4.09 USDA Licenses 

So long as this Act remains in effect and the Tribal Hemp Program Plan has not been 

suspended or revoked by the USDA, the only licenses that may be issued on the Ute Mountain 

Ute Reservation are the Hemp Industry Licenses, the Hemp Import Licenses, the Hemp 

Cultivation Licenses, the Hemp Distribution Licenses, and the Hemp Product Manufacturing 

Licenses. If this Act or the Tribal Hemp Program Plan is suspended, revoked, or terminated for 

any reason, then all licenses issued under this Act are similarly suspended, revoked, or 

terminated; however, ifthe Tribe has not prohibited the possession or cultivation ofhemp, then 

any Hemp Cultivation Licensee may continue to operate for the remainder of the calendar year, 

but only so long as the Licensee obtains a license to cultivate hemp from the USDA in a 

reasonable period oftime which authorizes the cultivation ofhemp. 

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Any person or entity who obtains a license form the USDA to cultivate hemp are subject 

to applicable Tribal laws. Additionally, before hemp cultivation may occur on Tribal Lands 

without a License issued by the Commission, a prospective grower must obtain consent from the 

Tribe in order to grow hemp on Tribal Lands in order to ensure the activities do not conflict with 

any other Tribal operation or land rights held by another. 

4.10 Tribal Permit for Off-Reservation Hemp Activities 

Any person or entity seeking to conduct hemp activities on lands owned by the Tribe 

within state jurisdiction must obtain a Tribal Permit for Off-Reservation Hemp Activities from 

the Regulatory Commission before activities may commence. The Regulatory Commission may 

no tissue a Permit until the following criteria have been met: 

a) The person or entity has obtained permission from the Tribal Council to occupy the 

Tribal lands; 

b) The person or entity is in and remains in compliance with the state Iicensure; 

c) The person or entity is conducting an activity that is permissible under the Hemp 

Program Plan and the Tribe's Cannabis Control Act; and 

d) The person or entity is not conducting any activity involving marijuana. 

4.11 License and Permit Suspension 

a) If, after the issuance of a license or permit, the Regulatory Commission receives 

reliable information indicating that a hemp license or permit holder is in violation ofthis 

Act or fails to comply with an order issued by the Commission, the Commission must 

suspend such license or permit and notify in writing the Licensee or Permittee ofthe 

suspension and the possible revocation. 

b) Any Licensee or Permittee whose license or permit has been suspended under this 

section may not handle or remove hemp, Cannabis, or any hemp or cannabis product 

from the location where hemp or cannabis was located at the time the notice of 

suspension was issued without prior authorization from the Commission. 

c) Any Licensee or Permittee who has received notice ofa license or permit suspension 

may not continue to operate under any license or permit issued by the Commission until 

further notice by the Commission or until all suspensions have been lifted. 

d) Unless a suspended license or permit has been reinstated, no Licensee or Permittee 

receiving a notice ofsuspension is eligible to apply for a subsequent license or permit 

within 1 year ofthe suspension. 

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4.12 License and Permit Revocation 

The Commission must immediately revoke a License or Permit issued under this Act 

when: 

a) The Licensee or Permittee has plead guilty or no lo contendere to, or been convicted of 

a felony related to the controlled substance laws of any jurisdiction within the United 

States; 

b) It is determined by the Commission that the Licensee or Permittee made a materially 

false statement to the Commission with a culpable mental state greater than negligence; 

c) The Licensee or Permittee produces hemp that exceeds the Acceptable Hemp THC 

Level with a culpable mental state greater than negligence; or 

d) The Licensee or Licensee produces hemp that exceeds the Acceptable Hemp THC 

Level with a negligent mental state 3 times within 5 years. 

4.13 Hearing for Suspended or Revoked Licenses and Permits 

a) Before the Commission may impose any sanction under this Act, including the 

immediate suspension or revocation of a license or permit, the Commission must provide 

notice to the Licensee or Permittee. For each Licensee or Permittee who is a subject of 

the Notice, the Notice ofViolation must contain the following information: 

i) The name, address, and phone number ofthe Licensee or Permittee: 

ii) The violations allegedly committed by the Licensee or Permittee and the status 

ofthe License or Permit after notification (ifimmediately suspended or revoked); 

iii) The dates ofthe violations: 

iv) The actions that must be taken to remediate the violation, if any, and the 

timeframe within which to achieve the remediation; 

v) The potential fines and sanctions that may be imposed (or are being imposed) 

for the violation; 

vi) A statement that the remediation efforts or any other action taken by the 

Notice will be immediately in effect unless the Licensee or Permittee requests a 

hearing on the Notice within 5 business days of receipt of the Notice; 

vii) A statement that failure to request a hearing may result in the denial of an 

appeal ofthe actions taken by the Commission; 

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viii) A statements that if a hearing is requested, the Licensee or Permittee will be 

granted reasonable access to their public file and all other documents and 

witnesses that will be presented at the hearing on behalf ofthe Commission at 

least 5 business days prior to the hearing; and 

ix) A statements that if a hearing is requested, the Licensee or Permittee must 

provide to the Commission access to all documents and witnesses that will be 

presented at the hearing on behalf ofthe Licensee or Permittee at least 5 business 

days prior to the hearing. 

b) Ifthe Licensee or Permittee requests a hearing within the timeframe set forth in the 

Notice, or upon a greater period oftime approved by the Commission for good cause, the 

Commission must set a license or permit revocation hearing within 10 to 30 days ofthe 

Notice. The timeframe may be extended by the Commission or the Licensee or Permittee 

for good cause. 

c) At the hearing, the Commission must determine whether the facts as alleged are 

proven by a preponderance ofthe evidence and support a revocation ofthe Licensee's or 

Permittee' s hemp license or permit as the case may be. Ifthe allegations are properly 

supported and the Commission determines a sanction is appropriate, then the 

Commission must immediately revoke the Licensee' s or Permittee's hemp license or 

permit, suspend the license or permit for a definite period oftime, impose additional 

sanctions per the fine schedule, or put conditions on the license or permit that address the 

findings and implement corrective actions. 

d) Ifany ofthe findings that are supported by a preponderance ofthe evidence would 

have prevented the Licensee or Permittee from obtaining a license upon application, then 

the Licensee' s or Permittee's hemp license or permit must be revoked. 

e) Unless a revoked license or permit is permanently revoked, the Licensee or Permittee 

may re-apply for a hemp license or permit when circumstances allow. 

4.1 4 License Location 

The Cannabis Regulatory Commission must issue a separate license or permit to each 

place, facility, or location on Tribal Lands where a hemp Licensee or Permittee conducts 

activities under this Act. The Commission must retain a copy of all licenses and permits issued 

and License's and Permittee's must post their license or permit in a conspicuous place at the 

location where the activity under the license or permit will occur such that the license or permit 

is easily reviewable by the public and inspectors. 

4.15 Term 

No license or permit issued under this Act may be issued for a term greater than 

December 31 ofthe year ofwhen the license or permit was issued, regardless of any term of 

suspension ofthe license or permit. 

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4.16 Clearances 

All hemp Licensees and Permittees are required to pay and comply with all applicable 

Tribal fees and licensing and permitting protocols, including, but not limited to, Tribal 

Employment Rights Office fees and assessments, Environmental Program guidelines and 

regulations, and Tribal Historic Preservation Office guidelines and regulations. 

4.17 Licenses and Permits Not Transferrable 

Licenses and permits cannot be assigned or transferred to another person or entity. 

4.18 Multiple Licenses and Permits 

Each person cultivating, manufacturing, distributing, transporting, or importing hemp 

will be required to have a Hemp Industry License and any other license or permit applicable to 

the Licensee's operations such that a single Licensee may be required to hold several licenses or 

permits. For instance, a person cultivating hemp from imported seed for the purpose of 

manufacturing and selling a consumable hemp product on and offTribal lands wil1 be required to 

obtain a Hemp Industry License, a Hemp Import License, a Hemp Cultivation License, a Hemp 

Product Manufacturing License, and Hemp Distribution License, and a Hemp Transport License. 

4.19 License Numbering 

The USDA has established a License Numbering Scheme for Tribal hemp projects that 

includes the Department ofinterior's Identification Code for Tribal Governments followed by 

the Tribe's License Number. For the Ute Mountain Ute Tribe, the Tribal Government 

Identification Code is M45754, so License Numbers under the Tribe's hemps licenses will be 

numbered as follows [M45754_####]. 

TITLE V. APPLICATIONS 

5.01 Marijuana Application 

The import, manufacture, distribution, transport, and possession ofmarijuana and 

marijuana products is not permissible on Tribal Lands and there is no process to receive a license 

under this Act for marijuana activities. 

5.02 Applications Generally 

Any person wishing to import, cultivate, distribute, transport, or manufacture hemp, 

hemp seeds, or hemp products onto or on Tribal Lands may not do so without a license or 

permit, as the case may be, issued by the Cannabis Regulatory Commission. Applications for 

licenses and permits must be made on a form provided by the Commission and the applicant 

must pay applicable processing fees. The Commission may require information in addition to 

that listed below. 

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Ifthe Applicant is a person, they must provide the following information for all license 

and permit categories: 

a) Name, address, telephone number, electronic mail address (if available); 

b) Date ofbirth; 

c) Tribal Affiliation, ifany; and 

d) A list ofprevious and current licenses and permits held in all jurisdictions and a sworn 

statement under oath that none ofthe licenses or permits listed has been revoked or 

suspended in any other jurisdiction. Ifthe Applicant is unable to provide such a 

statement, then a description ofthe jurisdiction in which the license or permit was 

suspended or revoked and the conditions ofthe suspension or revocation. 

Ifthe Applicant is an organization or other legal entity, it must provide: 

a) Name ofthe organization or entity, principle business location, telephone number, and 

electronic mail address (ifany); 

b) Names ofthe owners ofthe Entity and their Tribal affiliation, if any; 

c) Government where incorporated, chartered, or formed; 

d) Articles of Incorporation, Charter, or other formation documents; 

e) Employer identification number, if any; 

f) Names of all Board Members, their titles, and addresses; 

g) Names and titles ofall employees; 

h) Name and address ofPresident or responsible individual; 

i) A list ofprevious and current licenses and permits held in all jurisdictions by the 

Applicant and any ofits key personnel, and a sworn statement under oath that none ofthe 

licenses or permits listed have been revoked or suspended in any other jurisdiction. If the 

Applicant is unable to provide such a statement, then a description of the jurisdiction in 

which the license or permit was suspended or revoked and the conditions ofthe 

suspension or revocation. 

5.03 Application for a Hemp Industry License 

No person may work in the cannabis industry on Tribal Lands without first obtaining a 

Hemp Industry License. In order to be eligible for a Hemp Industry License, the following 

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information must be provided to the Cannabis Regulatory Commission in addition to the 

information listed in Section 5.02: 

a) A current criminal background check for the Applicant; and 

b) The name ofthe Licensees for whom the Applicant will be employed, if known. 

5.04 Application for a Hemp Import License 

In order to be eligible for a Hemp Import License, the following information must be 

provided to the Cannabis Regulatory Commission in addition to the information required by 

Section 5.02: 

a) A description ofhow the hemp will be acquired, including the names and addresses of 

all persons providing the hemp; 

b) The names and addresses of all persons who will be importing or handling the hemp 

during and after the importation onto Tribal Lands; 

c) The Hemp Industry License munbers for all persons who will be importing or handling 

the hemp during and after the importation onto Tribal Lands; 

d) The intended use ofthe imported hemp; 

e) The dates ofimportation and the manner imported, ifknown; 

f) The location ofthe hemp once it is imported and all places where it may be stored; 

g) Copies ofall other permits obtained related to the importation regardless of the origin 

ofthe permits; 

h) Security plan for the location ofthe plants, including the location ofsecurity cameras, 

walls, fences, and fixtures; and 

i) A warranty that no person under the age of21 years will be allowed to participate in 

the importation or be allowed into any import facilities. 

5.05 Application for a Hemp Cultivation License 

In order to be eligible for a Hemp Cultivation License, the following information must be 

provided to the Cannabis Regulatory Commission in addition to the information required by 

Section 5.02 at least 30 days prior to planting; 

a) A Completed Grow Site Registration Application approved by the Tribal Council 

providing evidence that Applicant has the right to occupy and grow hemp on the lands 

where hemp will be cultivated; 

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b) Location ofthe cultivation with GPS coordinates or geospatial location; 

c) Map oflocation with precise acreage indicating all points ofaccess to the farm and 

structures whether needed for cultivation or not; 

d) Types of plants to be cultivated; 

e) Estimated numbers of plants to be cultivated; 

f) Estimated dates of planting and harvesting; 

g) Names and addresses of all persons who will be participating in the cultivation ofthe 

plants; 

h) The Hemp Industry License numbers for all persons who will be participating in the 

cultivation ofthe plants; 

i) Security plan for the location ofthe plants, including the location ofsecurity cameras, 

walls, fences and fixtures; 

j) The location and design of all structures related to the cultivation which are situated in 

the area of cultivation; 

k) The intended use ofthe plant once harvested; 

l) Documented process for the cultivation that is not otherwise proprietary; 

m) Copies of all other permits obtained related to the cultivation regardless ofthe origin 

ofthe permits; and 

n) A warranty that no person under the age of 21 years will be allowed to participate in 

the cultivation or be allowed into any cultivation facilities. 

5.06 Application for a Hemp Distribution License 

In order to be eligible for a Hemp Distribution License, the following information must 

be provided to the Cannabis Regulatory Commission in addition to the information required by 

Section 5.02: 

a) A description of how the Applicant will obtain the hemp to be distributed; 

b) A description ofthe persons to whom the hemp will be distributed, i:tknown; 

c) The purpose of the distribution; 

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d) Whether the distribution is for consideration, a gift, or an obligation; 

e) The location ofthe distribution; 

f) The location ofthe storage ofthe hemp, hemp seed, or hemp product before 

distribution; 

g) A security plan for the distribution facility, along with the locations of all cameras, 

walls, and entry points; 

h) The name, address, and date of birth of all persons distributing or assisting in the 

distribution; 

i) The Hemp Industry License numbers for all persons who will be participating in the 

distribution ofthe hemp; 

j) Copies of all other permits obtained related to the cultivation regardless ofthe origin of 

the permit; and 

k) A warranty that no person under the age of 21 years will be allowed to participate in 

the distribution or be allowed into any distribution facilities. 

5.07 Application for a Hemp Manufacturing License 

In order to be eligible for a Hemp Manufacturing License, the following information 

must be provided to the Cannabis Regulatory Commission in addition to the information 

required by Section 5.02: 

a) A description ofhow the hemp was obtained for manufacture, including a list ofthe 

names and addresses of all persons or entities providing the hemp for processing; 

b) The types ofhemp and the parts ofthe Hemp Program Plant involved in the 

manufacturing; 

c) The products being manufactured along with their commercial name and percent THC 

and CBD contained in the product, as well as the percentages of any other chemicals 

targeted in the manufacture; 

d) The names, addresses, and dates of birth of all persons involved in the manufacture; 

e) The Hemp Industry License numbers for all persons involved in the manufacture; 

f) The location ofthe manufacturing facility with an internal and external map ofthe 

facility; 

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g) A security plan for the facility, indicating the location of all walls, cameras, and entry 

points; 

h) Copies of all other permits obtained related to the manufacture regardless ofthe origin 

ofthe permits; and 

i) A warranty that no person under the age of21 years will be allowed to participate in 

the distribution or be allowed into any distribution facilities. 

5.08 Consent to Comply Implied 

Each person applying for a license under this Act, in doing so, consents to comply with 

the requirements ofthis Act. 

TITLE VI. CRIMINAL HISTORIES 

6.01 Background Investigation 

The Cannabis Regulatory Commission or its delegate will review an Applicant's prior 

activities, criminal record, if any, and reputation, habits, and associations in order to make a 

finding concerning the eligibility ofthe Applicant for a hemp license. If the Commission or its 

delegate determines that issuing a license to the person poses a threat to the public interest or to 

the effective regulation of the hemp industry, or creates or enhances dangers ofunsuitable, 

unfair, or illegal practices, methods and activities in the conduct ofsuch activities, the person 

may not work under the authority of a hemp license. The Commission or its delegate may 

conduct a similar investigation ofkey participants ofthe licensees upon reasonable belief that the 

employees may not be suitable for employment in the hemp industry on Tribal Lands. 

6.02 Confidentiality 

Unless the Commission discovers a violation ofthis Act or a violation which would 

require notification to law enforcement authorities, the result ofthe investigation by the 

Commission into the background of employees working under a valid license is confidential and 

may only be used for the purpose of determining compliance with this Act and eligibility to 

obtain or work under a hemp license. 

6.03 Persons Prohibited from Participating 

a) Any person convicted of a felony relating to a controlled substance under state, tribal, 

or federal law is ineligible to participate in any activity conducted pursuant to a valid 

hemp license during the 10 year period following the date ofthe conviction, unless that 

person was already lawfully growing hemp under the 2014 Farm Bill before December 

20, 2018 and ifthe conviction also occurred before December 20, 2018. 

b) A hemp Licensee that negligently violates this code or other state or Tribal plan or the 

USDA plan 3 times within a 5 year period is ineligible to participate in activities 

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conducted under a valid hemp license for a period of 5 years beginning on the date ofthe 

third violation. 

c) Any person found to have materially falsified any information contained in an 

application for a hemp license is permanently ineligible for a license. 

d) Any person who is determined by the Commission to not possess the character 

necessary to obtain or work under a hemp license may be excluded from obtaining a 

license. 

e) Any person under the age of21 years. 

6.04 Ongoing Duty to Report 

Licensees must report any felony convictions for themselves, or their employees working 

under the License, relating to controlled substances under tribal, state, or federal law to the 

Commission within 5 business days ofreceiving notice ofsuch conviction. 

TITLE VII. RECORDS AND REPORTING 

7.01 Reporting by the Commission 

The Commission must report the following information monthly to the Secretary, even 

when there is no new information to report: 

7.01.01 New Licenses to Individuals 

For each new license issued to a person during the reporting period, the 

Commission must report the following information to the Secretary: 

a) Full name ofthe Licensee; 

b) License number; 

c) Employer Identification Number ofthe Licensee; 

d) The address of the Licensee; 

e) The telephone number ofthe Licensee; and 

:f) The email address for the Licensee, if any. 

7.01 .02 New Licenses to Entities other than Individuals 

For each new license issued to an entity other than a person during the reporting 

period, the Commission must report the following information to the Secretary: 

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a) Full name ofthe Licensee; 

b) License number: 

c) The principal business address ofthe Licensee; 

d) The full name and title of each employee ofthe; and 

e) The email address if available, of each employee ofthe. 

7.01.03 Current Licenses 

For each new license issued to an entity other than a person during the reporting 

period, the Commission must report the following information to the Secretary: 

a) All changes to information on a current license; 

b) The status of each license currently in effect; and 

c) Any other license authorization issued to a current Licensee. 

7.01.04 Remediation and Disposal Report 

Within 30 days of disposal or remediation of non-conforming plants or plant 

materials, the Commission must report to the Secretary the following information related 

to the disposal and remediation ofthe non-conforming plants or plant materials during 

the reporting period: 

a) Name and address ofthe Licensee; 

b) License number; 

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; 

d) Disposal or remediation completion date; 

e) Total acreage involved; and 

f) Disposal or remediation record for those materials. 

7.01.05 Reporting Period 

The report must describe the time period covered by the report. 

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7.01.06 Due Date 

The report to the Secretary is due on the first ofeach month. Ifthe first ofthe 

month falls on a weekend or holiday, the report is due the first business day after the 

weekend or holiday. 

7.01.07 Form ofReport 

The report must be provided in a digital format consistent with the Secretary's 

information sharing system. 

7.02 Annual Report 

The Commission must submit an annual report to the Secretary by December 15 of each 

year containing the following information: 

a) Total acreage planted; 

b) Total acreage harvested; and 

c) Total acreage disposed and remediated. 

7.03 Reporting by Licensees 

7.03.01 Planting and Harvesting Hemp 

For each Hemp Cultivation Licensee, the following information must be reported 

to the Commission and the USDA: 

a) Within 30 days of planting, total hemp crop acreage planted (also must be 

reported to FSA and AMS), including: 

i) Street address and, to the extent practicable, the geospatial location, for 

each lot or greenhouse where hemp will be produced; and 

ii) Numbers ofacreage dedicated to the production ofhemp, and the 

greenhouse or indoor square footage dedicated to the production ofhemp; 

b) Total hemp crop acreage harvested; and 

c) The Hemp Cultivation License Numbers under which the hemp is cultivated. 

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7.03.02 Test Reports 

Each Licensee with a Hemp Cultivation License must ensure the hemp is tested 

for total THC content by a laboratory approved by the Drug Enforcement Agency. Except 

for tests that are done during the growing season for the purpose of monitoring THC 

levels, the test results for each sample must be reported to the USDA within 10 days of 

the completion ofthe tests. The test result report must contain the following information: 

a) The Hemp Cultivation Licensee's License Number; 

b) The name ofthe Hemp Cultivation Licensee; 

c) The business address ofthe Hemp Cultivation Licensee; 

d) Lot identification number for the sample; 

e) The name ofthe laboratory and, no later than December 31, 2022, the DEA 

registration number for laboratory testing; 

f) The date ofthe test and the report; 

g) Identification or a pre-harvest or post-harvest test; 

h) The results ofthe test; and 

i) The measurement of uncertainty for the lot tested. 

7.03.03 Disposal Reports 

For each Licensee producing cannabis that exceeds the Acceptable Hemp THC 

Level, the cannabis will be disposed ofin accordance with the Controlled Substances Act 

and DEA regulations found at 21 CFR 1317.15. By the first ofeach month, the Tribe will 

submit to USDA a report notifying USDA of any occurrence of non-conforming plants or 

plant material and provide a disposal record ofthose plants and materials. The report will 

include information regarding name and contact information for each producer subject to 

a disposal during the reporting period, and the date the disposal was completed. Ifthe 

first ofthe month falls on a weekend or holiday, reports are due by the first business day 

following the due date. The report will contain the following information: 

a) Name and address of Licensee; 

b) License Number; 

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

or other location descriptor for the production area subject to disposal; 

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