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TITLE 26. AGRICULTURE, LIVESTOCK AND ANIMALS

CHAPTER 4. HEMP REGULATORY CODE

PART I. GENERAL PROVISIONS ....................................................................................... 3

Section 26-4-01 Short Title......................................................................................................................3

Section 26-4-02 Findings and Purpose....................................................................................................3

Section 26-4-03 Scope and Authority......................................................................................................4

Section 26-4-04 Industrial Hemp Authorized as an Agriculture Crop.....................................................4

Section 26-4-05 Jurisdiction ....................................................................................................................4

Section 26-4-06 Sovereign Immunity ......................................................................................................4

Section 26-4-07 Exemption from Prosecution for Certain Acts..............................................................5

Section 26-4-08 Compliance With Federal Law ......................................................................................5

Section 26-4-09 Savings Clause ...............................................................................................................5

Section 26-4-10 Reserved........................................................................................................................5

Section 26-4-11 Definitions.....................................................................................................................5

Section 26-4-12 Shoshone-Bannock Tribes Hemp Program ...................................................................8

Section 26-4-13 Reserved........................................................................................................................9

PART II. RESERVED................................................................................................................... 9

PART III. LICENSING.................................................................................................................. 9

Section 26-4-20 Annual License Requirements.......................................................................................9

Section 26-4-21 Reserved......................................................................................................................12

Section 26-4-22 Ineligible for a License.................................................................................................12

Section 26-4-23 Institution of Higher Education (“Research Institution”) Requirements....................13

Section 26-4-24 Revocation of a License...............................................................................................14

Section 26-4-25 Appeal of Denial of License.........................................................................................14
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Section 26-4-26 Fees.............................................................................................................................14

Section 26-4-27 Compliance and Enforcement.....................................................................................15

PART IV. REGISTERED LAND AREA CONTROLS .............................................................. 15

Section 26-4-30 Land Use Restrictions and Site Modification ..............................................................15

Section 26-4-31 Location; Restrictions..................................................................................................15

PART V. TRANSPORTATION .................................................................................................. 16

Section 26-4-35 Transportation ............................................................................................................16

PART VI. RECORDS AND REPORTS ..................................................................................... 17

Section 26-4-40 Land Use Department Reports....................................................................................17

Section 26-4-41 Retention.....................................................................................................................17

Section 26-4-42 Privacy Protections .....................................................................................................17

Section 26-4-43 Reporting to the USDA................................................................................................18

Section 26-4-44 Hemp Producer/Licensee Recordkeeping and Reporting...........................................19

PART VII. INSPECTIONS, SAMPLING, AND TESTING .................................................... 20

Section 26-4-50 Annual Inspections......................................................................................................20

Section 26-4-51 Lab Accreditation ........................................................................................................21

Section 26-4-52 Procedure for Sampling and Testing...........................................................................21

Section 26-4-53 Methods for Sampling and Testing. ............................................................................22

Section 26-4-54 Compliance Sampling and Testing Prior to Harvest....................................................22

Section 26-4-55 Reserved .....................................................................................................................24

Section 26-4-56 Federal Notice Required for Test Results...................................................................24

Section 26-4-57 Disposal of Non-Compliant Plants and Hemp Products..............................................24

PART VIII. VIOLATIONS.......................................................................................................... 25

Section 26-4-60 Negligent License Violations.......................................................................................25

Section 26-4-61 Corrective Action Plan.................................................................................................26

Section 26-4-62 Repeat Negligent Violations........................................................................................26

Section 26-4-63 Other Violations..........................................................................................................26
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TITLE 26. AGRICULTURE, LIVESTOCK AND ANIMALS

CHAPTER 4. HEMP REGULATORY CODE

PART I. GENERAL PROVISIONS

Section 26-4-01 Short Title

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

Section 26-4-02 Findings and Purpose

The Shoshone-Bannock Tribes (Tribes) hereby finds and declares that:

A. Article VI, Section 1, Subsection f of the Shoshone-Bannock Tribes Constitution

authorizes the Fort Hall Business Council (FHBC), as the governing body of the Tribes,

to engage in business activities which promote the economic well-being and

advancement of the Tribes and its members. 

B. Industrial Hemp is a valuable agricultural crop and commodity with significant value for

Tribal economic development. Hemp is a strain of Cannabis that is grown as an

agricultural product throughout North America. Hemp is utilized for a variety of products

and functions including fiber, oil, and biomass based products. Hemp production has

been evaluated as an important material to maintain the traditional practices of the

Shoshone-Bannock Tribes. 

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

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

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

contains naturally occurring compounds that are found in marijuana crops. 

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

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

Act classified Hemp as a Schedule I drug and prohibited any possession or use of Hemp

except in the course of federally approved research projects. The Controlled Substances

Act also made it unlawful for any person to cultivate, manufacture, distribute, dispense,

or possess (with intent to manufacture) Hemp. 

E. The 2018 Farm Bill amended the Agricultural Marketing Act of 1946 (7 U.S.C. § 1621 et

seq.) by adding Subtitle G entitled “Hemp Production,” which now allows the Tribes ’

controlled cultivation of Hemp in accordance with that Act, and a Tribal Hemp Plan

approved by the Secretary of Agriculture. 

F. The Tribes have determined that the agricultural production within the exterior

boundaries of the Fort Hall Reservation is in the best interest of the Tribes, our

enterprises, our membership, and, our agricultural producers. The Tribes submit this
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Plan to the United States Department of Agriculture (USDA) for approval consistent with

the highest obligations of federal trust responsibility to this Tribe.

Section 26-4-03 Scope and Authority

A. The Shoshone-Bannock Tribes will retain full rulemaking, regulatory and taxing

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

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

territorial boundaries by any persons.

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

guarantee by the Tribes or FHBC regarding the economic viability of any specific seed,

growing method or hemp product.

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

Tribe’s Jurisdiction, whether Licensed or not.

Section 26-4-04 Industrial Hemp Authorized as an Agriculture Crop

Hemp will be considered an authorized agricultural crop on the Fort Hall Reservation if it

contains no more than 0.3 percent total delta-9-tetrahydrocannibinol (THC). The Tribes hereby

authorizes the possession, cultivation, transportation, production and use of Hemp products

within the Fort Hall Reservation, when those activities are licensed by the Tribes and conducted

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

Section 26-4-05 Jurisdiction

A. For purposes of the Hemp Regulatory Code, the Shoshone-Bannock Tribes includes all

lands within the exterior boundaries of the Fort Hall Reservation, and Indian country as

defined in 18 U.S.C. § 1151 (a), (b), & (c). The Tribes shall also have jurisdiction over Ecommerce transactions emanating from or to the jurisdiction of the Shoshone-Bannock

Tribes.

B. Consensual relations among non-Indians, the Shoshone-Bannock Tribes, and enrolled

members of the Tribe. Any person who uses land anywhere within the exterior

boundaries of the Tribes and any person who enters into agreements or understandings

with the Tribes or its members and residents by commercial dealings, contracts, leases,

licenses, permits, intergovernmental agreements, or other arrangements, commercial or

otherwise, shall be deemed to have entered into a consensual relationship with the

Shoshone-Bannock Tribes or its members subject to the jurisdiction of the ShoshoneBannock Tribes.

Section 26-4-06 Sovereign Immunity

Nothing in this Code shall be construed to limit the jurisdiction of the Shoshone-Bannock Tribes,

the Tribal Court, or the Tribal Police, and nothing herein shall limit or constitute a waiver of the

sovereign immunity of the Tribes or its officers, instrumentalities, employees, elected officials,

and agents, or authorize any form a prospective waiver of such sovereign immunity.
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Section 26-4-07 Exemption from Prosecution for Certain Acts

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

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

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

Code and applicable Tribal and federal law.

Section 26-4-08 Compliance With Federal Law

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

subsequent changes to this Ordinance shall require submission and approval to the USDA to

review for compliance.

Section 26-4-09 Savings Clause

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

found by a court of competent jurisdiction to violate the Constitution or laws of the Tribes or any

federal law, such phrase, provision, part, paragraph, subsection or section shall be considered to

stand alone and be deleted from this Code. The entirety of the balance of this Code shall remain

in full and binding force and effect.

Section 26-4-10 Reserved

Section 26-4-11 Definitions

Within this Hemp Regulatory Code, the following definitions apply:

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

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

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

compliance with the requirements of this hemp plan is when the application of the

measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content

concentration level on a dry weight basis produces a distribution or range that includes

0.3% or less. For example, if the reported total delta-9 tetrahydrocannabinol content

concentration level on a dry weight basis is 0.35% and the measurement of uncertainty is

+/-0.06%, the measured total delta-9 tetrahydrocannabinol content concentration level on

a dry weight basis for this sample ranges from 0.29% to 0.41%. Because 0.3% is within

the distribution or range, the sample is within the acceptable hemp THC level for the

purpose of plan compliance. This definition of “Acceptable Hemp THC Level” affects

neither the federal statutory definition of hemp, 7 U.S.C. §1639o(1), in the 2018 Farm

Bill nor the definition of “marihuana,” 21 U.S.C. § 802(16), in the Controlled Substances

Act.

B. “ AMS” means the Agricultural Marketing Service (AMS) under the U.S. Department of

Agriculture (USDA), which administers programs that create domestic and international

marketing opportunities for U.S. producers of food, fiber, and specialty crops.
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C. “Applicant” means a person, or a person who is authorized to sign for a business entity,

who submits an application to participate in the Shoshone-Bannock Tribes Hemp

Program.

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

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

thereof. Cannabis refers to any form of the plant in which the THC concentration on a

Dry Weight Basis has not been determined.

E. “Commercial Sales” means the sale of a product in the stream of commerce at retail or at

wholesale, including sales on the Internet.

F. “Consumable Product” means a Hemp Product intended for human or animal

consumption.

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

H. “DEA” means the United States Drug Enforcement Administration. 

I. “Decarboxylated” means the completion of the chemical reaction that converts THC-acid

into delta-9-tetrahydrocannabinol. The decarboxylated value is also calculated using a

conversion formula that sums delta-9-tetrahydrocannabinol and eighty-seven and

seventenths (87.7) percent of THC-acid. 

J. “Delta-9-Tetrahydrocannabinol” or “THC” means delta-9- tetrahydrocannabinol

concentration (the primary intoxicating component of Cannabis). For purposes of this

Plan, Delta-9-Tetrahydrocannabinol and THC are interchangeable. 

K. “Dry Weight Basis” means the ratio of the amount of moisture in a sample to the amount

of dry solid in a sample. In the case of Cannabis, a percentage of THC on a Dry Weight

Basis means the percentage of THC, by weight in a Cannabis item (plant, extract or other

derivative) after excluding moisture from the item.

L. “FSA” means the Farm Service Agency (FSA), which is an agency under the U.S.

Department of Agriculture (USDA) that serves all farmers, ranchers and agricultural

partners through the delivery of effective, efficient agricultural programs.

M. “GPS” means global positioning system.

N. “Grow Site” has the same meaning as “Registered Land Area” as that term is defined in

this Section, below.

O. “Harvest Lot” means a quantity of Hemp, of the same variety and strain of hemp

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

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

Site. Harvest Lot does not include a quantity of Hemp comprised of Hemp grown in

noncontiguous production areas.

P. “Harvest Lot Identifier” means a unique identifier used by the Shoshone-Bannock Tribes

to identify the Harvest Lot. This number will be assigned by FSA when the grower

reports their crops.

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

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

isomers, whether growing or not with a THC concentration of not more than three-tenths

of one percent (0.3%) on a dry weight basis, or as otherwise defined in Federal law.

R. “Hemp Crop” means one (1) or more unprocessed Hemp plants or plant parts.

S. “Hemp Ingredient” means all derivatives, extracts, cannabinoids, isomers, acids, salts,

and salts of isomers of any part of the Hemp plant included in the definition of “Hemp.”

T. “Hemp Processor” means any person processing, manufacturing, extracting, or producing

Hemp Products.

U. “Hemp Producer” means any person growing, cultivating, handling or harvesting hemp,

hemp crops, hemp seeds, or hem propagules on the Fort Hall Reservation, and who is

licensed by the Land Use Department to Cultivate or Handle Hemp on the Fort Hall

Reservation.

V. “Hemp Product” means a finished product with an Acceptable Hemp THC Level, that is

derived from, or made by, processing a Hemp Crop, and that is prepared in a form

available for commercial sale. The term includes, but is not limited to cosmetics, personal

care products, Consumable Products, cloth, cordage, fiber, fuel, paint, paper,

particleboard, plastics, and any product containing one or more Hemp Ingredients such as

cannabidiol.

W. “Hemp Program” means the cannabis regulatory framework established under this Code

with respect to Hemp.

X. “Hemp Seller” means any person marketing, distributing, or selling, wholesale or retail,

hemp or hemp-based products.

Y. “Industrial Hemp” has the same meaning as “Hemp” as that term is defined in this

Section, above.

Z. “Institution of Higher Education” has the meaning assigned to it by 20 U.S.C. § 1001 and

is also referred to herein as a Research Institution.

AA. “Intended for Consumption” means intended for a human or animal to ingest, inhale,

topically apply to the skin or hair, or otherwise absorb into the body.
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BB. “Key Participant” means a sole proprietor, a partner in partnership, or a person with

executive managerial control in a corporation, limited liability company or any other

corporate entity. A person with executive managerial control includes persons such as a

chief executive officer, chief operating officer and chief financial officer. This definition

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

CC. “Land Use Department” means the Shoshone-Bannock Tribal office, program, agency,

commission, or department responsible for the oversight and implementation of the

Hemp Regulatory Code as designated by the FHBC.

DD. “License” means a permit issued by the Shoshone-Bannock Tribes to an individual or

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

products. A valid license means that the license is unexpired, unsuspended, and

unrevoked.

EE. “Licensee” has the same meaning as “Hemp Producer” as that term is defined in this

Section, above.

FF. “FHBC” means the duly elected Fort Hall Business Council, which is the governing body

of the Shoshone-Bannock Tribes.

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

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

partnership, association, or other form of legal business entity, as well as the ShoshoneBannock Tribes or a local government entity.

HH. “Process” means to convert any portion of a Hemp Crop into a Hemp Ingredient, Hemp

Product, or other marketable form.

II. “Registered Land Area” means a contiguous lot, parcel, or tract of land registered with

the Shoshone-Bannock Tribes on which a Licensee Cultivates Hemp. A Registered Land

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

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

post-decarboxylation.

KK. “Variety” means a group of plants or an individual plant that exhibits distinctive

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

Section 26-4-12 Shoshone-Bannock Tribes Hemp Program

A. Persons desiring to cultivate Hemp must obtain a license from the Tribes prior to

engaging in such activity within the Fort Hall Reservation.

B. Persons seeking to cultivate Hemp shall complete an application with the Land Use

Department as described in Part III, Section 26-4-20 which sets forth the legal description

and GPS coordinates sufficient for locating the Registered Land Area and each field,
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greenhouse, or structure where the Person Cultivates Hemp, or intends to Cultivate

Hemp.

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

ingredient in a Consumable Product shall not by itself render the product misbranded or

adulterated.

Section 26-4-13 Reserved 

PART II. RESERVED

Section 26-4-14 Reserved

Section 26-4-15 Reserved 

Section 26-4-16 Reserved

Section 26-4-17 Reserved 

Section 26-4-18 Reserved

Section 26-4-19 Reserved

PART III. LICENSING

Section 26-4-20 Annual License Requirements

A. GENERAL. Any person who would like to cultivate, process, manufacture, produce,

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

Products within, or emanating from, the Fort Hall Reservation shall complete a license

application, annually, prior to any hemp activity. The Land Use Department may choose

to tailor licenses differently for Hemp Producers, Hemp Processors, and Hemp Sellers.

B. LICENSE APPLICATION. The Applicant shall submit a signed, complete, accurate and

legible application form provided by the Land Use Department at least thirty (30) days

prior to planting that includes the following information: 

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

and email address;
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2. BUSINESS ENTITY. If the Applicant represents a business entity, the full legal

entity name of the business, the principal business location address on the Fort

Hall Reservation, full name and title of the Key Participants, Employer

Identification Number (EIN) of the business entity; the full name of the Applicant

who will have signing authority on behalf of the entity, title, and an email address

of the Person with signing authority;

3. BACKGROUND CHECK. A completed criminal background check report for

the Applicant on a form determined by the Land Use Department demonstrating

that the Applicant does not have any disqualifying felony drug convictions

pursuant to Section 26-4-22 of this Code;

a. Each Applicant is required to submit fingerprints to the ShoshoneBannock Tribal Police Department or other law enforcement agency designated

by the Land Use Department, to obtain a current criminal history check, proof of

which must be submitted as an attachment to the application for licensure. 

b. Applicants must also submit a notarized attestation that the Applicant does

not have any felony conviction relating to a controlled substance under state,

tribal, or federal law for the previous ten (10) years as required by the 2018 Farm

Bill. 

c. The Land Use Department shall review the criminal history report for each

Applicant to determine whether the felony ban applies. 

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

the Land Use Department shall review a criminal history report for each Key

Participant in the business. 

e. The Land Use Department may determine the appropriate method for

obtaining the criminal history report for Applicants under this Code.

f. Any Applicant or Licensee must report any felony conviction relating to

controlled substances under state, Tribal, or Federal law to the Land Use

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

g. Application fees shall not cover or include the cost of the criminal

background checks.

4. FEE. An application fee as set forth below;

5. ACKNOWLEDGMENT. An acknowledgment of the licensing terms and

conditions;

6. GROW SITE REGISTRATION APPLICATION; and
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7. OTHER. Any other information or disclosure required to be submitted by Federal

regulation. Applicant must also submit requested information through the online

H.eMP. system with the USDA.

C. GROW SITE REGISTRATION APPLICATION. As a component of the Hemp Producer

license application, each Applicant shall submit a Grow Site registration application on a

form provided by the Land Use Department for each proposed Registered Land Area in

which the Applicant intends to Cultivate Hemp. Information submitted to the Land Use

Department must include, at a minimum: 

1. The street address and legal description of each field, greenhouse, building, or site

where Hemp will be Cultivated; 

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

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

center of the Grow Site;

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

5. A map of the production area showing clear boundaries of the Grow Site;

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

building:

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

approximate entrance of the greenhouse or other building composing the

Grow Site;

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

building composing the Grow Site; and

c. A map of the production area showing clear boundaries of the Grow Site.

7. The Land Use Department may approve an Applicant to Cultivate an acreage or

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

footage stated in the Grow Site registration application.

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

Area and the legal authority to grant the Land Use Department access for

inspection and sampling.

D. TERMS AND CONDITIONS ACKNOWLEDGMENT. By submitting an application,

the Applicant acknowledges and agrees to the following minimum terms and conditions:

1. Any information provided to the Land Use Department may be provided to law

enforcement agencies without further notice to the Applicant;
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2. The Applicant or Licensee shall allow and fully cooperate with any inspection

and sampling that the Land Use Department deems necessary;

3. The Applicant or Licensee shall pay for any inspection and laboratory analysis

costs that the Land Use Department deems necessary within thirty (30) days of

the date of the invoice, provided that the Licensee shall not be required to pay for

more than one (1) Land Use Department inspection and associated laboratory

analysis costs per year;

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

date specified by the Land Use Department;

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

directly to the Shoshone-Bannock Tribal Police or other law enforcement agency

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

and

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

controlled substances under state or federal law to the Land Use Department

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

E. LICENSE TERM. All licenses issued shall be valid for five (5) years from date of

issuance, unless otherwise extended, or revoked at an earlier date pursuant to Section 26-

4-22 below or other Land Use Department issued rule.

F. RENEWAL. Current and valid licenses may be renewed for additional five (5) year terms

or as otherwise determined by the Land Use Department by submitting a renewal

application on a form provided by the Land Use Department no later than thirty (30) days

prior to the date of the license expiration. Renewal licenses require a new Criminal

History Report to be performed on the renewal applicant.

Section 26-4-21 Reserved

Section 26-4-22 Ineligible for a License

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

shall be ineligible for a License under this Code:

1. Any Person who is not an enrolled member of the Shoshone-Bannock Tribes, or a

business or organization that is not organized under the laws of the ShoshoneBannock Tribes or Institutions of Higher Education who are not authorized by the

Fort Hall Business Council. (entities wholly owned by the Shoshone-Bannock

Tribes and the Shoshone-Bannock Tribes itself are eligible to be licensed and

with consent of the Fort Hall Business Council may joint venture without outside

persons or businesses);

2. Any Person under the age of 18; 
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3. Any Person convicted of a felony relating to a controlled substance under tribal,

state or Federal law shall be ineligible, during the ten (10) year period following

the date of such felony conviction.

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

license application.

5. Any Person that Negligently violates the Industrial Hemp law or regulations three

(3) times in a five (5) year period shall be ineligible to participate in the

Shoshone-Bannock Tribes Hemp Program for a period of five (5) years beginning

on the date of the third violation

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

including Key Participants and individuals with executive managerial control, within

their Hemp production who are convicted of a felony, relating to a controlled substance,

within the past ten (10) years from the date of the application of a License, under tribal,

state, or federal law.

Section 26-4-23 Institution of Higher Education (“Research Institution”)

Requirements

A. Licensing: Research institutions must hold a producer license.

B. Not for Commercial Use: Hemp produced by a research institution shall not enter the

stream of commerce, or be transferred to any third party.

C. Application Procedure: In addition to the Producer License application requirements,

research institutions must submit to the Land Use Department a description of their

objectives that demonstrates to the Land Use Policy Commissioner’s satisfaction that

research of hemp is being performed, a timeline of activities and a sampling plan that

demonstrates, the alternative method has the potential to ensure, at a confidence level of

95 percent, that the cannabis plant species Cannabis sativa L. that will be subject to the

alternative method will not test above the acceptable hemp THC level. The licensee will

provide the Land Use Department with documentation on why their crop is eligible for

the performance-based sampling plan, a sampling plan for sampling their crop and a

disposal and remediation plan for any cannabis plants that are found to exceed the

acceptable hemp THC level. Sampling plans must demonstrate a process for collecting a

representative sample that is a homogeneous composition of the lot. The sampling plan

should also include frequency of sampling. All official samples will be completed by the

Department’s authorized sampling agents.

D. Testing Data: Research institutions must provide testing data to the Land Use Policy

Commissioners when requested and are subject to inspection, sampling and testing by the

Land Use Department.
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E. Reporting Requirements: Research institutions shall follow reporting requirements for

each lot where hemp is produced, including reporting to FSA.

F. Documentation of Destruction and/or Remediation of Non-Compliant Materials: Any

non-compliant lots of hemp produced by a research institution shall be disposed of and

reported to the Land Use Department and the FSA/USDA.

G. Inspection: Research institutions shall be subject to a facility and records inspections on

an annual basis by the Land Use Department to determine compliance with requirements

under this section. Licensees are also subject to official sampling if deemed necessary as

a result of any inspection.

H. Negligent Violations: Research institutions shall be assessed a negligent violation if the

THC content of a sample collected by the department exceeds the acceptable hemp THC

level.

I. Labeling and Sale of Seed and Transplants: Any seed sold as a product of hemp breeding,

must comply with Tribal and Federal Seed Law.

J. Any transplant sold as a product of hemp breeding must be accompanied with a seed

label for that variety.

Section 26-4-24 Revocation of a License

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

(Hemp Producer):

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

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

Land Use Department;

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

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

Culpable Mental State Greater Than Negligence.

Section 26-4-25 Appeal of Denial of License

The Shoshone-Bannock Tribes Land Use Department shall develop and make public a process to

hear and decide appeals of denials and revocation of licenses.

Section 26-4-26 Fees

A. Each Applicant shall pay the application fee set by the Land Use Department when

submitting a Hemp Producer license application.
SHOSHONE-BANNOCK TRIBES Page 15 of 23 HEMP REGULATORY CODE

B. The Land Use Department may set and collect additional fees, including license, renewal,

and testing fees, in amounts that are reasonable and necessary to cover the costs of

administering and enforcing the Shoshone-Bannock Tribes Hemp Program.

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

background check report. 

Section 26-4-27 Compliance and Enforcement

A. Licenses cannot be assigned or transferred to another Person, unless first approved by the

Land Use Department in writing.

B. Hemp Producers shall provide the Land Use Department’s inspector complete and

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

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

of Hemp, and all documents and records pertaining to the Licensee’s Hemp business. 

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

Hemp THC Level except as provided for disposal purposes.

Section 26-4-28 Reserved Section 26-4-29 Reserved

PART IV. REGISTERED LAND AREA CONTROLS

Section 26-4-30 Land Use Restrictions and Site Modification

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

Department approved Grow Site registration 

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

Registered Land Area, submit to the Land Use Department an updated legal description,

GPS location, and map specifying the proposed alterations on a form determined by the

Land Use Department. 

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

approval from the Land Use Department.

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

the same time, and no Hemp plant shall be included in more than one (1) Grow Site

registration simultaneously. 

Section 26-4-31 Location; Restrictions

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

school or other location primarily populated by minors.

B. Licensees shall ensure Hemp grows are completely segregated from any other crops.
SHOSHONE-BANNOCK TRIBES Page 16 of 23 HEMP REGULATORY CODE

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

facilities.

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

convicted of a felony related to a controlled substance under tribal, state or federal law, or

who would otherwise be ineligible from participating in the Shoshone-Bannock Tribal

Hemp Program in accordance with this Code.

Section 26-4-32 Reserved Section 26-4-33 Reserved Section 26-4-34 Reserved 

PART V. TRANSPORTATION

Section 26-4-35 Transportation

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

ensure that the following documentation accompanies the Hemp at all times during

transport: 

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

Land Area from which the Hemp originated;

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

as identified by the Harvest Lot Identifier that accompanies the Hemp;

3. Destination Information; and

4. Any other documentation that may be required by the Land Use Department or

the United States Land Use Department of Agriculture.

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

state and tribal governments from interfering with the interstate transportation of hemp

and hemp products. The Tribes shall provide reciprocity to other state and tribal licenses

and testing certifications for Hemp and Hemp Products being transported through the

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

stay within the Fort Hall Reservation must apply for a Shoshone-Bannock Tribes license.

Section 26-4-36 Reserved

Section 26-4-37 Reserved 

Section 26-4-38 Reserved
SHOSHONE-BANNOCK TRIBES Page 17 of 23 HEMP REGULATORY CODE

Section 26-4-39 Reserved 

PART VI. RECORDS AND REPORTS

Section 26-4-40 Land Use Department Reports

A. The Land Use Department may at its discretion require annual harvest, contact

information, and disposal reports of Licensees, which may include information on: seed

variety; field location; legal description of the land on which the Licensee will grow,

produce, or handle Hemp (including, to the extent practicable, geospatial location)

agricultural techniques; production and sales; end use of product; contact information

including full name, telephone number, license identifier, business address or principal

business location address, federal employer identification number (to the extent

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

Licensee; disposal records of any non-conforming plants or plant material disposed of in

accordance with Section 26-4-56 below, including the name and address of the Licensee,

Licensee license number, location information for the lot subject to disposal, information

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

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

acreage, and, if applicable, total acreage disposed; and any other report information

deemed necessary by the Land Use Department to which the Licensee has consented in

the license application. 

B. To the extent required, the Land Use Department will report and share any such

information to AMS, including pursuant to 7 C.F.R. § 990.3(a)(9), in order to support the

information sharing requirements in 7 U.S.C. § 1639q(d).

Section 26-4-41 Retention

The Land Use Department shall maintain information on hemp licenses, license applications,

reports provided to USDA under Section 26-4-43 below, and other relevant information

regarding the Registered Land Area on every approved site which Hemp is produced, including a

legal description of the land, for a period of not less than three (3) calendar years

Section 26-4-42 Privacy Protections

Except as required by USDA reporting and to law enforcement, the Land Use Department shall

remove the following from any collected information: all personally identifiable information

including name; physical address; drivers ’licenses; social security numbers; GPS coordinates;

telephone numbers; email address. Such information shall be shielded by the Land Use

Department to the maximum extent permitted by law.
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Section 26-4-43 Reporting to the USDA

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

Agricultural Office will submit to the USDA a report, in the format compatible with

USDA’s information sharing system, containing the following:

1. The time period covered by the report;

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

3. Contact information for each Hemp Producer;

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

practicable, geospatial location;

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

each Hemp Producer;

6. The license number for each Hemp Producer;

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

including previously reported information and new information;

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

a. Name and address of the Hemp Producer;

b. Hemp Producer License number;

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

geospatial location) for the production area subject to disposal;

d. Information on the agent who handled the disposal;

e. Disposal completion date; and

f. Total acreage disposed.

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

Use Department shall report, in the format compatible with the USDA’s information

sharing system, to the USDA, the following:

1. Total planted acreage;

2. Total harvested acreage; and

3. Total acreage disposed.
SHOSHONE-BANNOCK TRIBES Page 19 of 23 HEMP REGULATORY CODE

C. Hemp Producer Report to FSA: In addition to providing it to the Land Use Department,

each Hemp Producer is responsible for submitting the following information to the

USDA Farm Service Agency (FSA) not more than 30 days after the date on which the

information is received:

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

Lot or indoor growing facility where such producer grows Hemp;

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

3. License identifier number.

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

laboratory as provided by USDA guidelines that conducts the test of sample(s) of Hemp

crop collected in accordance with the Sections below under PART VII INSPECTIONS,

SAMPLING AND TESTING from the Hemp Producer’s lot(s) to ensure that the test

results for all such sample(s) include information required under 7 C.F.R. § 990.7(d) and

are reported to USDA.

E. Hemp Producer Remediation Report to FSA/USDA and Tribes. Hemp producers shall

report all information required by 7 C.F.R. § 990.70 related to remediation of

noncompliant Hemp crops to the FSA/USDA and the Tribes not more than 30 days after

the date on which the information is received.

Section 26-4-44 Hemp Producer/Licensee Recordkeeping and Reporting

A. Hemp Producers/Licensees must report any changes of contact information to the Land

Use Department in writing within fourteen (14) days of the change. 

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

Producer shall submit, on a form provided by the Land Use Department, a Planting

Report that includes the GPS coordinates and a map showing the location and actual

acreage or square feet of Hemp planted. 

C. Pre-Harvest Report: At least thirty (30) days prior to harvest, each Hemp Producer shall

file a Harvest Report, on a form provided by the Land Use Department that includes:

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

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

within a Registered Land Area. A Hemp Producer must notify the Land Use

Department immediately of any changes in the reported harvest date(s) in excess

of seven (7) days.

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

on a Harvest Report provided that the male Hemp plants are destroyed or utilized
SHOSHONE-BANNOCK TRIBES Page 20 of 23 HEMP REGULATORY CODE

on the Registered Land Area prior to filing a Harvest Report for the remaining

Cannabis plants.

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

(3) years in a manner such that it can be readily provided to the Land Use Department

upon request.

Section 26-4-45 Reserved

Section 26-4-46 Reserved 

Section 26-4-47 Reserved

Section 26-4-48 Reserved 

Section 26-4-49 Reserved 

E.

PART VII. INSPECTIONS, SAMPLING, AND TESTING

Section 26-4-50 Annual Inspections

A. The Land Use Department shall conduct annual inspections of, at a minimum, a random

sample of Licensees (Hemp Producers) and all Registered Land Areas to verify

compliance with all requirements of the license issued and provisions of this Code.

1. The inspections may be without prior notice and inspection visits may be

conducted at any time during regular business hours. 

2. Inspectors shall be granted unrestricted access to the Registered Land Area(s) and

all adjacent areas under the Licensee’s control.

3. All samples collected by the Land Use Department shall become the property of

the Land Use Department and no compensation shall be owed by the Land Use

Department for such samples.

4. The Land Use Department shall keep test results for all Hemp and Hemp Products

tested for a minimum of three (3) years. 
SHOSHONE-BANNOCK TRIBES Page 21 of 23 HEMP REGULATORY CODE

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

Licensees.

6. No Hemp Producer shall be subject to more than one (1) inspection each twelve

(12) month period.

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

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

Section 26-4-51 Lab Accreditation

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

be conducted by independent laboratories accredited to ISO/IEC 17025, the standard

published by the International Organization for Standardization (the “ISO”) titled

“General requirements for the competence of testing and calibration laboratories,” or an

accreditation standard approved by the USDA and Tribe. 

B. Sampling and testing procedures and methods shall be conducted in accordance with the

Sections below.

C. All final test results must be certified by the lab used before the Hemp or Hemp Products

can enter the stream of commerce.

D. The testing lab must concurrently report directly to the USDA and the Tribes’ Land Use

Department, the results of compliance testing.

E. Hemp testing laboratories are to adhere to standards of performance for detecting THC

concentration, including Measurement of Uncertainty (MU) as established by USDA

guidelines.

Section 26-4-52 Procedure for Sampling and Testing.

A. The Tribes will implement by reference the USDA’s current official sampling guidelines

for hemp growing facilities and the USDA current testing guidelines for identifying

Delta-9 Tetrahydrocannibinol concentration in Hemp, each as may be amended from

time to time, for purposes of establishing procedures both for effectively collecting

samples and for testing THC concentration levels of hemp produced on or sold from the

Fort Hall Reservation, using post-decarboxylation or other similarly reliable methods as

well as procedures for reporting.

B. Representatives of the Tribal designated sampling agency will be issued a Trespass

Permit through the Land Use Policy Commission and shall be granted complete and

unrestricted access during business hours to all Hemp and other Cannabis plants and to

the Registered Land Area(s), buildings and all adjacent areas under the Licensee’s control

used for cultivation and/or handling.
SHOSHONE-BANNOCK TRIBES Page 22 of 23 HEMP REGULATORY CODE

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

trained under applicable USDA, State, or Tribal training procedures. Tribes must

maintain information, available to producers, about trained sampling agents.

D. The Tribal designated sampler can be a Tribal employee appointed and trained by the

Tribes for sampling or a trained sampler under contract. Tribes must maintain

information, available to producers, about trained sampling agents. Hemp producers may

not act as sampling agents.

E. Producers cannot be samplers.

Section 26-4-53 Methods for Sampling and Testing.

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

collected that represents a homogenous composition of the lot and must be sufficient at a

confidence level of 95% that no more than 1% of plants would exceed the Acceptable

Hemp THC level. 

B. While walking through the lot, the sampler shall cut at least “n” flowering material,

meaning inflorescences (the flower or bud of a plant) at random but convenient distances 

to ensure that the collected sample is a homogenous representative composition of the lot.

Avoid collecting too many specimens from the borders of the field/greenhouse.

C. The cut shall include the top 5-8 inches of the main stem (including leaves and flowers),

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

the flowering top of the plant. The sample size must be of adequate volume to

accommodate laboratory tests.

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

basis, and the testing methodology shall consider the potential conversion of delta-9

tetrahydrocannibinolic acid (THC-A) in hemp into THC and test results will measure

total available THC derived from the sum of the THC and THC-A content. 

E. Permitted testing methodologies include, but are not limited to, gas or liquid

chromatography with detection. 

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

basis.

G. The Land Use Department may choose to contract for such collection and testing

services.

Section 26-4-54 Compliance Sampling and Testing Prior to Harvest

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

cuttings from hemp plants for purposes of compliance testing.
SHOSHONE-BANNOCK TRIBES Page 23 of 23 HEMP REGULATORY CODE

B. Every Hemp Producer must arrange for and ensure the sampling of each Harvest Lot no

more than thirty (30) days prior to harvest for the purpose of ensuring that the Harvest

Lot

does not exceed the maximum permissible THC concentration levels on a dry weight

basis.

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

shall be conducted by a DEA-registered laboratory.

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

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

In the meantime, the Tribes will utilize ISO 17025 accredited testing laboratories.Any

such analytical testing for purposes of detecting the concentration levels of THC shall

comply with the standards set forth in 7 C.F.R. §§ 990.3(a)(3)(iii) and 990.25, including

using procedures to adhere to standards of performance for detecting THC concentration

and using a measurement of uncertainty.

E. A Hemp Producer shall not remove a Harvest Lot from a Registered Land Area (i.e.,

Grow Site) that has not been sampled and tested for compliance in accordance with this

Section.

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

Hemp plant material from other Harvest Lots.

G. Samples shall include the flower material from the Hemp crop for THC concentration

testing purposes.

H. Except for samples collected by the Land Use Department for auditing, inspection, and

performance-based purposes, all samples collected to determine compliance with these

rules shall be collected by an approved tribal, state, local or federal law enforcement

agency, or other tribal, state, local, or federal designated person.

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

thereof shall be present at the Grow Site.

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

USDA Sampling Guidelines for Hemp Producers, as amended from time to time.

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

Level shall be conclusive evidence that the Harvested Lot represented by the sample is

not in compliance with this Code. A producer may apply to have additional sampling

performed at their own expense to verify sampling results.

L. Harvested Lots tested and certified by a DEA-registered laboratory above the Acceptable

Hemp THC Level may not be further cultivated, processed, or otherwise enter the stream
SHOSHONE-BANNOCK TRIBES Page 24 of 23 HEMP REGULATORY CODE

of commerce. Cannabis containing more than the Acceptable Hemp THC Level must be

disposed in accordance with this Code. 

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

samples and testing Hemp for quality assurance and research and development purposes.

The test results from voluntary tests performed by the Hemp Producer shall not be

sufficient to evidence compliance with this Code.

N. A Hemp Producer may apply to the Land Use Department for retesting and/or resampling

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

Department’s discretion. 

Section 26-4-55 Reserved

Section 26-4-56 Federal Notice Required for Test Results

The Land Use Department shall promptly notify the USDA AMS Administrator of any

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

attach disposal records demonstrating the appropriate disposal of all of those plants and materials

in the Harvested Lot from which the representative samples were taken.

Section 26-4-57 Disposal of Non-Compliant Plants and Hemp Products.

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

Hemp Producer in compliance with Land Use Department rules and all applicable

federal, tribal and local laws, regulations, rules and other requirements.

B. If a Harvest Lot tests higher than the Acceptable Hemp THC Level, the Harvest Lot shall

be promptly disposed of by the Hemp Producer according to the USDA guidelines for

Remediation and Disposal which may include following disposition:

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

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

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

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

uniform blend of the lot called “biomass.” Lots should be kept separate and not be

combined during this process. This biomass shall be resampled and retested to ensure the

biomass material tests within an acceptable THC concentration level before it may enter

the stream of commerce in accordance with 7 C.F.R. §990.3(d) and §990.27(c). If the

biomass tests above the acceptable THC concentration level is non-compliant hemp and

must be destroyed through one of the disposal options provided herein.
SHOSHONE-BANNOCK TRIBES Page 25 of 23 HEMP REGULATORY CODE

3. Disposal means destroying non-compliant hemp by performing any one or

combination of the following on-farm activities: plowing under, mulching / composting,

disking, bush mowing, deep burial, and burning.

4. Until such time as the non-compliant flowers and floral material are disposed of,

the stalks, leaves, and seeds should be separated from the non-compliant floral material

and clearly labeled and demarcated as “hemp for remediation purposes.”

5. Seeds removed from non-compliant hemp during remediation should not be used

for propagative purposes.

C. All Hemp plant material not disposed of pursuant to subsection B(1), (2), or (3) above

must be destroyed or utilized on site in a manner approved of and verified by the Land

Use Department.

D. Hemp Producers shall have fourteen (14) calendar days from the date of notification of

test results higher than the Acceptable Hemp THC Level to contact the Land Use

Department in writing and apply for retesting or propose a method for destruction or onsite utilization. Methods of destruction or on-site utilization may include, but are not

limited to, incineration, composting, and/or tilling into the soil.

E. Hemp subject to destruction or on-site utilization pursuant to this Section shall not be

removed from the Registered Land Area unless otherwise authorized by the Land Use

Department.

F. With the exception of Hemp seeds rendered non-viable pursuant to this rule, all Hemp

subject to destruction or on-site utilization pursuant to this rule shall not be added to or

Processed into any Consumable Product.

G. The Hemp Producer shall provide any and all evidence requested by the Land Use

Department to verify disposal to the satisfaction of the Land Use Department. 

H. Remediation reporting

Section 26-4-57 Reserved Section 26-4-58 Reserved Section 26-4-59 Reserved

PART VIII. VIOLATIONS

Section 26-4-60 Negligent License Violations

A. A Licensee or Hemp Grower has Negligently violated the Shoshone-Bannock Tribes’s

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

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

Cultivates Hemp;
SHOSHONE-BANNOCK TRIBES Page 26 of 23 HEMP REGULATORY CODE

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

Department as applicable; or

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

Acceptable Hemp THC Level.

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

Violation under this Section if such Hemp Producer makes reasonable efforts to grow

Hemp, and the Cannabis does not have a delta-9 tetrahydrocannabinol concentration of

more than 1.0 percent on a dry weight basis.

1. For the purposes of this Section, the Land Use Department shall determine

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

2. Reasonable efforts involve taking necessary steps and precautions to produce

Hemp, and may include without limitation using certified seed, using other seed that has

reliably grown compliant plants, or engaging in other best practices.

C. Potential Criminal Liability.

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

violation, be subject to any criminal enforcement action.

Section 26-4-61 Corrective Action Plan

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

which shall include:

1. A reasonable date to correct the negligent violation; 

2. A requirement to report bi-annually to the Land Use Department regarding their

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

Violation; and

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

to determine if the applicable corrective action plan has been implemented as

submitted.

Section 26-4-62 Repeat Negligent Violations

A Hemp Producer that negligently violates this Hemp Regulatory Code three (3) times in a five

(5)-year period shall be ineligible to produce Hemp for a period of five (5) years beginning on

the date of the third violation.

Section 26-4-63 Other Violations

A. If the Land Use Department determines that a Licensee on the Fort Hall Reservation has

violated Shoshone-Bannock Tribal Hemp laws or regulations with a Culpable Mental
SHOSHONE-BANNOCK TRIBES Page 27 of 23 HEMP REGULATORY CODE

State Greater than Negligence, the Land Use Department shall immediately report the

Licensee to:

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

2. The Shoshone-Bannock Tribal Police.

B. The provisions set forth in the above Sections regarding Negligent Violations shall not

apply to the violation in this section.