Hemp Regulations

Rev. 010521
SOBOBA BAND OF LUISEÑO INDIANS

HEMP REGULATIONS

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TABLE OF CONTENTS

CHAPTER 1. TRIBAL POLICY

SECTION 1.1. Findings and Purpose 

SECTION 1.2. Sovereign Immunity

SECTION 1.3. Exemption from Prosecution for Certain Acts

SECTION 1.4. Effective Date

CHAPTER 2. DEFINITIONS

SECTION 2.1. Definitions 

CHAPTER 3. REGULATION OF HEMP

SECTION 3.1. Exemption from Prosecution of Certain Acts

SECTION 3.2. Hemp Regulations

CHAPTER 4. HEMP COMMISSION

SECTION 4.1. Establishment

SECTION 4.2. Independence

SECTION 4.3. Suitability of Commissioners

SECTION 4.4. Restrictions on Commissioners

SECTION 4.5. No Financial Interest in Hemp Operations

SECTION 4.6. Commission Compensation

SECTION 4.7. Organization and Meetings

SECTION 4.8. Powers and Duties

SECTION 4.9. Removal

CHAPTER 5. HEMP CONTROL OFFICER

SECTION 5.1. Position Establishment

SECTION 5.2. Qualifications

SECTION 5.3. At-Will Employee

SECTION 5.4. Vacancies

SECTION 5.5. Training, Equipment, Staff

SECTION 5.6. Powers and Duties

SECTION 5.7 Limitation of HCO Powers

SECTION 5.8. Compensation of the HCO
SECTION 5.9. Sovereign Immunity of HCO

CHAPTER 6. LICENSING APPLICATIONS

SECTION 6.1. License Required to Grow or Process Hemp

SECTION 6.2. Licenses to be Issued and Regulated by the Tribe

SECTION 6.3. Waiting Period

SECTION 6.4. Background Checks

SECTION 6.5. Application Contents

CHAPTER 7. LICENSE AGREEMENTS

SECTION 7.1. License Agreement Required

SECTION 7.2. License Agreement Contents

SECTION 7.3. Licensing Fees

CHAPTER 8: SITE PERMITS

SECTION 8.1. Permits Required

SECTION 8.2. Permits to be Issued and Regulated by the Tribe

SECTION 8.3. License Required

SECTION 8.4. Prohibited Locations

SECTION 8.5. Co-Locating Permitted

SECTION 8.6. Site Modifications

SECTION 8.7. Site Access

SECTION 8.8. Fees

CHAPTER 9. REPORTING AND RECORD KEEPING

SECTION 9.1. Reporting Requirements of HCO

SECTION 9.2. HCO To Submit Growing Locations and Grower License 

Information to United States Secretary of Agriculture and Farm Service 

Agency

SECTION 9.3. Harvesting/Disposal Reports

SECTION 9.4. Planting Reports

SECTION 9.5. Recordkeeping

CHAPTER 10. SEED ACQUISITION

SECTION 10.1. Seed Acquisition Within the United States

SECTION 10.2. Seed Acquisition from a Source Outside of the United 

States

SECTION 10.3. Seeds of Wild, Landrace, or Unknown Origin

CHAPTER 11. HARVESTING

SECTION 11.1. Grower Responsibilities

SECTION 11.2. Pre-Harvest Sampling Process and Equipment

SECTION 11.3. Pre-Harvest Retest
CHAPTER 12. THC TESTING

SECTION 12.1. Testing Procedures

CHAPTER 13. CROP DISPOSAL

SECTION 13.1. Surrender and Disposal of Prohibited Varieties

SECTION 13.2. Licenses Required to Submit Crops Disposal Report

SECTION 13.3. Expense of Crop Disposal

SECTION 13.4 Penalty for Failing to Submit Crops Disposal Report

CHAPTER 14. PROHIBITED ACTIVITIES

SECTION 14.1. Growing or Processing Prohibited Varieties of Hemp Prohibited

SECTION 14.2 Restrictions on Sale or Transfer

SECTION 14.3. Operating Without a License Prohibited

SECTION 14.4. Intermingling Hemp with Other Crops

SECTION 14.5. Operating Minimum

SECTION 14.6. Public Access to Hemp Restricted

CHAPTER 15. NEGLIGENT VIOLATIONS

SECTION 15.1. Negligent Violations

SECTION 15.2. Corrective Action Plans for Negligent Violations

CHAPTER 16. FELONIES

SECTION 16.1. Felonies

CHAPTER 17. PENALTIES

SECTION 17.1. Applicability

SECTION 17.2. Immediate License Suspension

SECTION 17.3. License Suspension and Revocation

SECTION 17.4. Consequences of License Suspension

SECTION 17.5. Termination of Licensing Agreement

SECTION 17.6. Termination of Employment

SECTION 17.7. Civil Penalties

SECTION 17.8. Forfeiture

SECTION 17.9. Stacking of Penalties Allowed

SECTION 17.10. Advisement of Rights

SECTION 17.11. Mandatory Reporting

CHAPTER 18. APPEALS

SECTION 18.1. Burden of Proof

SECTION 18.2. Right to Review of Adverse Decisions

SECTION 18.3. Requesting a Review Hearing

SECTION 18.4. HCO Review Hearing

SECTION 18.5. Requesting a Tribal Court Review Hearing

SECTION 18.6. Hemp Commission Review Hearing

CHAPTER 19. MISCELLANEOUS

SECTION 19.1. Amendments
SECTION 19.2 Savings Clause
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CHAPTER 1. TRIBAL POLICY

1.1 Findings and Purpose

(a) In 2018, the U.S. Congress enacted the 2018 Farm Bill (“Act”) that allows for the controlled 

cultivation of hemp in accordance with the Act, and a State or Tribal plan approved by the Secretary of 

Agriculture.

(b) The Soboba Band of Luiseño Indians (“Soboba” or “Tribe”) has decided to open specific lands within 

its jurisdiction to the cultivation, processing, and distribution of hemp by enacting this Tribal Plan

(“Tribal Plan” or “Plan”). 

(c) This Plan shall govern the cultivation, processing, and distribution of hemp on the Reservation, will be 

the basis of the “tribal plan” described in the Farm Bill, and will provide an additional source of revenue 

for tribal operations to provide funding for its members and the community. 

(d) Tribal regulation of the possession, cultivation, processing and distribution of hemp on the 

Reservation is necessary to protect the health, security, and general welfare of the Tribal community. In 

order to further these goals, the Tribe has adopted this Plan, which shall be liberally construed to fulfill 

the purposes for which it has been adopted. 

(e) Nothing in this Plan shall be deemed to be in conflict with the federal Controlled Substances Act. 

(f) The regulations and penalties imposed by this Plan extend to any person within the Soboba 

reservation and other Tribal trust lands.

1.2 Sovereign Immunity

Nothing in this Plan shall be construed to limit the jurisdiction of the Tribe or tribal law enforcement 

personnel, and nothing herein shall limit or constitute a waiver of the sovereign immunity of the Tribe or 

its officers, instrumentalities, employees, elected officials, and agents, or authorize any form of a 

prospective waiver of such sovereign immunity.

1.3 Exemption from Prosecution for Certain Acts

No employee of a hemp business shall be subject to prosecution or civil penalty under the jurisdiction of 

the Tribe for the cultivation, possession, production, or distribution of hemp when acting in accordance 

with this Plan and federal law.

1.4 Effective Date

This Plan shall be effective upon the enactment by the Soboba General Council and approval of the 

United States Department of Agriculture in accordance with applicable law.
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CHAPTER 2. DEFINITIONS

2.1 Definitions

Within this Plan, the following definitions apply: 

(a) “Acceptable hemp THC level” is when the application of the measurement of uncertainty to the 

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

produces a distribution range that includes 0.3% or less. 

(b) “Act” means the 2018 Farm Bill, P.L. 115-334 (2018). 

(c) “Applicant” means a person, or a person who is authorized to sign for a business entity, who 

submits an application for a license or permit.

(d) “CBD” means cannabidiol. 

(e) “Certified seed” means seed for which a certificate or any other instrument has been issued by 

an agency authorized under the laws of a tribe, United States, or state to officially certify seed, 

and that has standards and procedures approved by the United States Secretary of Agriculture 

to assure the genetic purity and identity of the seed certified. 

(f) “DEA” means the United States Drug Enforcement Administration. 

(g) “Decarboxylated” means the completion of the chemical reaction that converts THC-acid into 

delta-9-THC. 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. 

(h) “Delta-9-THC” or “THC.” Delta-9-THC is the primary psychoactive component of cannabis. For 

the purpose s of this plan, delta-9-THC and THC are interchangeable. 

(i) “Tribal Council” means the duly elected governing body of the Soboba Band of Luiseño Indians. 

(j) “Financial Interest” is a person or entity that has no interest, share, or ownership whatsoever in 

an operation(s). This definition does not include any financial benefit payment/disbursement a 

member of the Soboba Band may receive based on his/her status as a member that is derived 

from the Tribe’s Hemp operations for the benefit of all members. 

(k) "GPS" means Global Positioning System.

(l) “Handling” means possessing or storing industrial hemp for any period of time on premises 

owned, operated, or controlled by a person licensed to cultivate or process industrial hemp. 

"Handling" also includes possessing or storing industrial hemp in a vehicle for any period of time 

other than during its actual transport from the premises of a licensed person to cultivate or 

process industrial hemp to the premises of another licensed person. (m) “HCO” shall mean the 

Tribe’s Hemp Control Officer as established by this Plan. The term may include employees, 

agents, and designees of the HCO. 

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

thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, 
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whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 

0.3 percent on a dry weight basis. 

(n) “Hemp business” means a growing facility, cultivating facility, processing facility, distribution 

facility, or any combination thereof. 

(o) “Hemp Commission” means the commission established by the Soboba Tribal Council pursuant 

to this Plan.

(p) “Hemp Control Officer” means the individual appointed by the Soboba Tribal Council pursuant to 

this Plan.

(q) “Industrial hemp products" means products derived from, or made by, processing industrial 

hemp plants or plant parts. 

(r) “Key Participant” means a sole proprietor, a partner in a partnership, or a person with executive 

managerial control in a corporation, such as a Chief Executive Officer, Chief Financial Officer, or 

other title that has the same general job duties with direct financial interests in the corporation.

(s) “Law enforcement agency” means the Soboba Department of Public Safety or other designated 

Tribal law enforcement, DEA, or other federal or California law enforcement agency or drug 

suppression unit. 

(t) “License” means a valid license issued by the Tribe to grow, handle, or process hemp. 

(u) “Licensee” means a person authorized by the HCO to grow, handle, or process hemp under the 

terms established by this Plan. 

(v) “License agreement” means an agreement between the Tribe and a Licensee that regulates the 

conduct of that licensee. 

(w) “Location” or “Land” means the particular land, building, or buildings where hemp will be 

grown, handled, or processed, which can include a field name or building name. 

(x) “Location ID” means the unique identifier established by the applicant for each unique set of GPS 

coordinates where hemp will be grown, handled, or processed, which can include a legal 

description, field name, or building name. 

(y) “Nonviable seed” means a seed that has been crushed, dehulled, or otherwise rendered to have 

a zero percent germination rate. 

(z) “Permit” means a Tribal authorization to a licensed grower to plant, grow, or process hemp, or 

any part of or related products of hemp in a specifically described location. 

(aa) “Person” means a human being, or a business entity created by law and given certain rights 

and duties of a human being. 

(bb) “Pesticide” means any substance or mixture of substances intended to: 

(1) Prevent, destroy, control, repel, attract, or mitigate any pest; 

(2) Be used as a plant regulator, defoliant, or desiccant; or 

(3) Be used as a spray adjuvant, once they have been mixed with a U.S. Environmental 

Protection Agency registered product. 

(cc) "Plot" means a contiguous area in a field, greenhouse, or indoor growing structure containing 

the same variety or strain of hemp throughout the area. 

(dd) “Ppm” means parts per million.
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(ee) “Pre-harvest sample” means a composite, representative portion from plants in a hemp plot 

collected in accordance with the procedures as established by this Plan. 

(ff) “Prohibited variety” means a variety or strain of cannabis excluded by this Plan. 

(gg) “Processing” means the harvesting of the plant cannabis or the use of any process or 

equipment, including, but not limited to, dehydrators or humidifiers that may be necessary to 

convert raw hemp plants or plant parts into a consumable product. 

(hh) “Processor” or “Processor Facility” means a commercial entity that purchases hemp from a 

grower and that extracts resin from the hemp or creates a hemp-infused product for sale and 

transfer in packaged form. 

(ii) “Program” means the Soboba Hemp Program. 

(jj) “Propagule” means a plant or plant part that can be utilized to grow a new plant. 

(kk) “Publicly marketable hemp product” means a hemp product that meets one (1) or more of the 

following descriptions: 

(1) The product does not include any living hemp plants, viable seeds, leaf materials, floral 

materials, or delta-9-THC content above zero and three-tenths (0.3) percent, and does 

include, without limitation, the following products: bare stalks, bast fiber, hurd fiber, 

nonviable roots, nonviable seeds, seed oils, and plant extracts (excluding products 

containing delta-9-THC above zero and three-tenths (0.3) percent). 

(2) The product is CBD that was derived from hemp as defined by this Plan. 

(ll) “Regulations” means the official regulations, policies, and procedures related to the 

enforcement of this Plan, adopted by the Tribal Council. The Regulations may also be referred to 

in this Plan as the “Hemp Regulations”. 

(mm) “Reservation” means the reservation and tribal trust lands of the Soboba Band of Luiseño 

Indians. 

(nn) “Tribal” or “Tribe” means the Soboba Band of Luiseño Indians. 

(oo) “Tribal Police” or “Tribal Law Enforcement” shall mean the Soboba Band of Luiseño Indians 

Department of Public Safety or other designated Tribal law enforcement. 

(pp) “Variety” means a subdivision of a species that is: 

(1) Uniform, in the sense that the variations in essential and distinctive characteristics are 

describable; 

(2) Stable, in the sense that the variety will remain unchanged in its essential and distinctive 

characteristics and its uniformity if reproduced or reconstituted as required by the 

different categories of varieties; and 

(3) Distinct, in the sense that the variety can be differentiated by one (1) or more 

identifiable morphological, physiological, other characteristics from all other publicly 

known varieties, or other characteristics from all other publicly known varieties. 

(qq) “Variety of concern” means any variety of hemp that tests above 3,000 ppm or 0.3000 percent 

(0.3%) delta-9-THC in one (1) or more pre-harvest samples. A hemp variety designated as a 

"variety of concern" could be subject to restrictions and additional testing. 
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(rr) “Volunteer cannabis plant” means any cannabis plant that grows of its own accord from seeds 

or roots in the years following an intentionally planted cannabis crop and is not intentionally 

planted. 

CHAPTER 3. REGULATION OF HEMP

3.1 Exemption from Prosecution of Certain Acts

No official, officer, employee, or agent of the Tribe or a hemp business shall be subject to prosecution or 

civil penalty in the Tribal Court for the cultivation, production, or distribution of hemp in accordance 

with this Plan and federal law.

3.2 Hemp Regulations

The Tribe certifies that it has the resources and personnel to carry out its hemp regulations. Policies and 

procedures related to the regulation of hemp by the Tribe shall further the purposes of this Plan and 

shall be approved by the Tribal Council. This Plan and any Hemp Regulations may set forth, at a 

minimum, the following provisions to regulate: 

(a) Licensing of applicants; 

(b) Permitting locations where hemp is authorized; 

(c) Reporting and recordkeeping; 

(d) Procedures for hemp sampling, THC testing, and disposal actions; 

(e) Pesticide use; 

(f) Prohibited products or activities; 

(g) Penalties; and 

(h) Remedies. 

CHAPTER 4. HEMP COMMISSION

4.1 Establishment

(a) The Soboba Hemp Commission (“Commission”) hereby is established to regulate all commercial 

hemp operations on lands within the Tribe’s jurisdiction, which includes but is not limited to, the 

cultivation, production and/or distribution of commercial hemp, and to exercise all powers necessary to 

effectuate the purposes of these Regulations and any other laws or regulations applicable to commercial 

hemp on lands within the Tribe’s jurisdiction. In carrying out its purposes under this Plan, the 

Commission shall function as an arm of the Tribe.
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(b) The Commission shall be identified as the agency that will take finger prints for conducting criminal 

history checks. 

(c) The Commission shall consist of no less than three (3) members and one (1) alternate that shall be 

appointed by the Tribal Council for terms of two (2) years. The Tribal Council is authorized to limit one 

member’s term to one (1) year, excluding the alternate, for the first term to provide for staggered 

terms. There shall be no limit on the number of terms to which a Commissioner may be appointed. 

(d) A Commissioner may be removed from office by the Tribal Council prior to the end of the 

Commissioner’s term only for cause and pursuant to the process set forth in Section 4.9.

(e) All members of the Commission shall continue to serve until their successors are appointed, except 

that no such member of the Commission shall continue to serve more than one year after the date on 

which his or her term would otherwise expire, at which time his or her position will become vacant 

unless that vacancy would result in there being no Commissioner in office.

(f) Upon resignation, removal, death or any other reason creating a vacancy prior to the end of a 

Commissioner’s term, the Tribal Council may appoint a replacement Commissioner to fill the remaining 

term of a Commissioner being replaced.

(g) If the Tribal Council intends to fill a vacancy occurring on the Commission, the vacancy shall be filled 

by a majority vote of the Tribal Council within sixty (60) calendar days of the occurrence of the vacancy 

for whatever reason. If the vacancy occurs within ninety (90) days prior to the date upon which the 

term of the Commissioner being replaced otherwise would expire, the Tribal Council shall specify 

whether the successor Commissioner is being appointed for a full two-year term, or for the unexpired 

balance of the term of the Commissioner being replaced.

(h) The Commission shall recruit and employ a Hemp Control Officer (“HCO”), subject to final approval 

by the Tribal Council, who shall be responsible for managing, supervising and overseeing the daily 

activities of the Commission. The HCO shall serve as a full-time employee and shall report directly to the 

Commission. In the event there is a vacancy in the position of the HCO, the Tribal Council shall 

designate one of the Commissioners or other qualified person to act as interim HCO pending 

appointment of a permanent HCO.

4.2 Independence

To ensure that the Commission will be able to adequately protect the Band's assets and integrity of 

commercial hemp operations conducted on lands within the Band's jurisdiction, the Commission shall be 

and shall act independently and autonomously from the Tribal Council, Tribal Administration

management and the General Council in all matters within the Commission's purview and 

responsibilities. Specifically, the Commission's actions shall not be subject to prior or subsequent review 

or approval by the General Council, the Tribal Council or Tribal Administration management except as 

otherwise expressly provided in these Regulations or by other applicable law or ordinance. As an arm of 

the Band, the Commission shall be cloaked by the Band's sovereign immunity; however, the Commission 
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shall not be bound or affected by any contractual waiver of the Band's sovereign immunity made in the 

Band's proprietary capacity.

4.3 Suitability of Commissioners

(a) Qualifications. Candidates for appointment to the Commission must possess sufficient education, 

hemp industry training and/or experience to satisfy the Tribal Council that he/she will be able to 

competently perform the duties of office. In addition, candidates must have a clean credit history, not 

have been convicted of any felony or other crime involving dishonesty, and not have any other 

attributes that would render the candidate unsuitable.

(b) Backgrounds. Candidates for appointment to the Commission shall complete license applications and 

shall be subject to the same background investigations for commercial hemp production licensure as 

required otherwise under these Regulations or by the guidelines of the USDA, but Commissioners need 

not actually be licensed. Such background investigations shall be performed at the direction of the Tribal 

Council by an independent third party selected by the Tribal Council. Upon completion and review of the 

results of a prospective Commissioner's background investigation, and assuming that the candidate 

otherwise possesses qualifications acceptable to the Tribal Council, the Tribal Council shall, by majority 

vote, either approve or deny the appointment of a Commissioner. Appointment of Commissioners shall 

be made by Tribal Council Resolution.

(c) If the Tribal Council has reason to believe that a Commissioner has violated any provision(s) of these 

Regulations or any other applicable law while in office, the Tribal Council shall direct an investigation to 

be conducted by an independent third party selected by the Tribal Council. Any action to remove a 

Commissioner from office for cause shall be conducted in compliance with Sec. 4.

4.4 Restrictions on Commissioners

(a) Conflicts. In order to avoid conflicts of interest or the appearance of conflicts of interest, no person 

shall be appointed to, or if appointed, continue to serve on the Commission if:

(i) Such person is a member of the Tribal Council or is a member of the same household or 

immediate family of a Tribal Council member; or

(ii) Such person’s employment or other duties on boards, other activities, including business 

activities or relationships, actually conflicts or is reasonably likely to conflict with his/her duties 

and responsibilities as a Commissioner.

(b) A Commissioner shall recuse himself/herself from any investigation into, or vote concerning, any 

matter involving any member of the Commissioner's immediate household, sibling, spouse, registered 

domestic partner, parent, step-parent, grandparent, child, step-child or grandchild. 

(c) No Commissioner may have a financial interest in any Soboba hemp facility or accept any 

complimentary goods or services from any Soboba hemp facility, or its investors, partners, etc., supplier 

of goods or services to any Soboba hemp facility, or any patron, vendor or employee of any Soboba 
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hemp facility; provided, that nothing herein precludes a Commissioner from accepting gifts in 

connection with traditional holidays or celebratory events such as birthdays, anniversaries or similar 

celebrations from family members, personal friends, or relatives who might patronize a Soboba hemp 

facility.

4.5 No Financial Interest in Hemp Operations

No Commissioner shall have any direct or indirect financial interest in any commercial hemp operation. 

Further, a Commissioner may not provide services to a commercial hemp operation or have an 

ownership or other financial or controlling interest in an entity (such as retail sales) that is subject to the 

Commission's jurisdiction.

4.6 Commission Compensation

The Commission is a non-paid position. Commissioners may be compensated by stipend, as may be set 

by the Tribal Council.

4.7 Organization and Meetings

(a) All decisions of the Commission shall be made by a majority vote of those present at a Commission 

meeting at which a quorum is present. The Commission shall conduct meetings on such dates and at 

such times and places as it deems necessary. A quorum of the Commission shall consist of at least two 

Commissioners. Commissioners can attend and participate in Commission meetings telephonically or by 

other electronic means, as long as each Commissioner can hear and be heard by all other 

Commissioners at all times during such meeting.

(b) Individual Commissioners shall have no authority to take official action on behalf of the Commission.

(c) Each vote by a Commissioner in a Commission meeting shall constitute a discretionary act taken 

within the course and scope of the Commissioner's duties and authority, and no Commissioner may be 

held individually liable for any such discretionary act. The Commission shall defend and indemnify a 

Commissioner who is sued as an individual based upon voting as a Commissioner, unless the 

Commission has a reasonable basis to believe that the vote was cast as the result of bribery or other 

corrupt activity.

(d) One alternate shall be appointed to the Commission. The alternate shall be non-voting unless and 

until he/she is required to fill in for a Commissioner. Alternates are expected to attend all Commission 

meetings. Alternates are subject to the same qualifications, powers and duties, removal and other terms 

and conditions of the position of a commissioner. 

4.8 Powers and Duties

(a) The Commission, acting primarily through the HCO, shall regulate Soboba’s commercial hemp 

operations and the personnel employed therein, and shall conduct oversight to ensure compliance with 

the requirements of applicable Soboba, federal and California laws, ordinances and regulations. The 
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Commission shall discharge its duties and exercise its authority in a manner that will best promote and 

ensure the integrity, safety, security, honesty and fairness in the administration and operation of all 

commercial hemp operations on lands within the Band's jurisdiction.

(b) The Commission shall promulgate comprehensive commercial hemp policies and procedures and

other appropriate writings as required by applicable law to which the Band may be a party. The 

Commission shall submit any policies and procedures to the Tribal Council for approval before taking 

effect.

(c) The Commission shall establish and periodically update legal standards and ensure ongoing 

compliance with those standards. The Commission shall maintain a complete and current inventory of 

all commercial hemp operations and related equipment (whether or not such devices or equipment are 

in use) located at anywhere within the Commission's jurisdiction.

(d) The Commission, acting primarily through the HCO, shall conduct, or cause to be conducted by 

qualified third-party contractors, background investigations on all applicants for licenses and shall 

require that licensees periodically update background information at such times as the Commission, in 

its discretion, may require. With regard to all licensees, the Commission shall have the power and 

authority to approve or deny any license application; to limit, cancel, revoke, terminate, condition, 

modify, suspend, or restrict any license; to make findings of suitability; to inspect and license 

commercial hemp facilities and related premises; and to impose fines or sanctions upon any licensee 

determined to have violated these Regulations or other applicable law or regulation, subject to the 

hearing process set forth in Section 18 of these Regulations. The Commission is empowered to conduct 

regulatory enforcement and other hearings and appeals as provided in these Regulations or any other 

applicable law, ordinance or regulation.

(e) The Commission shall maintain complete and confidential records regarding the following: all 

applications, financial statements, fingerprints, contracts, licenses, suspension and cancellation notices, 

and correspondence to or from all applicants and licensees, commercial hemp facilities, operations, and 

suppliers of commercial hemp goods and services, reports relating to disputes, complaints or claims, and 

notices from and correspondence with all federal and State regulatory agencies.

(f) The Commission shall submit such written reports to the Tribal Council as the Tribal Council may from 

time to time request, including but not limited to: number and types of licenses issued during the 

previous calendar quarter; identity of licensees; information regarding license denials, suspensions or 

revocations; and reports of any events of noncompliance, breach or violations of any applicable law or 

regulation; provided, however, that the Commission need not include in its reports confidential 

information obtained during background investigations or other matters that are the subject of or 

related to a pending Commission investigation or hearing; and provided further, that the Tribal Council 

shall not disseminate such reports to the General Council unless the names and other identifying 

information of individuals identified in such reports have been redacted to protect the applicable 

privacy rights, if any, of such individuals.
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4.9 Removal

(a) A Commissioner may be removed from office by the Tribal Council prior to the end of the 

Commissioner’s term only for official acts of malfeasance, misfeasance, unexcused failure to perform 

the duties of his/her office, or official or unofficial conduct that renders the Commissioner unfit to 

occupy a position of trust or that is reasonably likely to damage the Commission's and/or the Soboba 

Band's reputation for integrity and competence. Mere disagreement with a Commission decision, or an 

individual Commissioner's vote on a Commission decision, shall not constitute grounds for removal of a 

Commissioner. Notwithstanding any other provision of these Regulations, the Tribal Council may, by a 

vote of a majority of the Tribal Council members then in office, temporarily suspend a Commissioner for 

up to fourteen (14) calendar days, if the Tribal Council has probable cause, based on reliable 

information, to believe that grounds exist to remove a Commissioner.

(b) A Commissioner subject to removal shall be given written notice at least fourteen (14) calendar days 

before the Tribal Council convenes to consider his/her proposed removal. The written notice shall set 

forth with specificity the grounds for removal. The notice shall also inform the Commissioner of the 

date, time and location when the Tribal Council will consider the proposed removal.

(c) A Commissioner subject to removal from office shall be afforded the opportunity to present written 

and oral testimony and other evidence to the Tribal Council before it renders a final decision. The Tribal 

Council shall issue a final decision on removal within ten (10) calendar days of the date of the hearing. 

Removal of a Commissioner shall require a determination by a majority vote of the Tribal Council that 

there are substantial grounds for removal. If there are fewer than five members on the Tribal Council, a 

Commissioner may be removed by a majority vote of the members of the Tribal Council then in office. If 

the Commissioner has been temporarily suspended pending the hearing, the Tribal Council may 

continue the suspension under the same terms and conditions pending issuance of its decision after 

hearing.

(d) The Tribal Council’s decision after the hearing shall be in writing and shall set forth specific findings 

on each allegation of cause for removal. A Commissioner shall not be removed unless the Tribal Council 

determines that there are substantial grounds upon which the Commissioner should be removed for 

malfeasance, misfeasance, nonfeasance or official or unofficial conduct that renders the Commissioner 

unfit to occupy a position of trust or that is reasonably likely to damage the Commission's and/or the 

Soboba Band's reputation for integrity and competence, and its written decision, which is final, shall be 

provided to the Commissioner within five days of issuance.

4.10 Sovereign Immunity of Hemp Commission

When acting under the color of its authority, the Commission shall enjoy all of the privileges and 

immunities of the Tribe, including sovereign immunity from suit in the state, federal, or tribal court. 

(a) The Commission shall have no authority to waive the sovereign immunity of the Tribe, or any other 

Tribal entity. 
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(b) Nothing in this Plan shall be deemed or construed to be a waiver of the Tribe’s or the Commission’s 

sovereign immunity from suit. 

(c) Nothing in this Plan shall be deemed or construed as consent of the Commission to the jurisdiction of 

the United States, any state, or any other Tribe with regard to the business or affairs of the Commission. 

(d) Notwithstanding any other provision herein, as an entity of the Tribe, the HCO’s immunity from suit 

shall at all times be deemed waived for actions against the Commission initiated by the Tribal Council on 

behalf of the Tribe.

CHAPTER 5. HEMP CONTROL OFFICER

5.1 Position Establishment

The Tribe hereby establishes the “Hemp Control Officer” as an instrumentality of the Tribe and will 

hereafter be referred to as “the HCO.” The HCO is under the directive of the Tribal Council, and may 

fulfill any and all obligations of the Tribal Council under this Plan. In carrying out its purposes under this 

Plan, the HCO shall function as an arm of the Tribe.

5.2 Qualifications

(a) The HCO shall be one person appointed by the Tribal Council and must not have: 

(1) any felony convictions in any tribal, state, or federal jurisdictions; and 

(2) any misdemeanor convictions for moral turpitude in the last ten (10) years in any tribal, 

state, or federal jurisdictions; and 

(A) The Tribal Council may waive (a)(2) above based upon the time and totality of the 

circumstances. 

(3) a financial interest in any hemp operation. 

(b) The following persons are ineligible to serve as HCO: employees of any hemp operation, hemp 

contractors (including any principal of a management or other contracting company). 

5.3 At-Will Employee

The HCO is an at-will employee and can leave his/her employment or be removed by the Tribe.

5.4 Vacancies

The Tribal Council shall appoint an HCO when the position becomes vacant.

5.5 Training, Equipment, Staff

The Tribe will provide the HCO with adequate training, equipment, staff and compensation to fully carry 

out its duties.
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5.6 Powers and Duties

The HCO shall have the power and responsibility to enforce the provisions of this Plan and any Tribal 

Hemp Regulations, subject to the duties and responsibilities of the Commission. These shall include: 

(a) Issuing licenses, consistent with a suitability determination. 

(b) Recommending permit approval for sites or locations for hemp production. 

(c) Assessing and evaluating the potential environmental impacts of a hemp business’ proposed 

operations. 

(d) Conducting annual and/or random inspections, examinations and monitoring all hemp and hemprelated operations to verify that hemp is being produced in compliance with this plan. This includes site 

visits, and inspecting and copying relevant records. 

(e) Ensuring compliance with all applicable Tribal and federal laws, rules and regulations regarding 

hemp. This includes investigating any suspicion of wrongdoing associated with any hemp activities and 

reporting any potential criminal violations to law enforcement. 

(f) Receive reports and/or monitor the disposal of all hemp crops that are to be disposed of pursuant to 

the provisions of this Plan or federal law. 

(g) Complying with reporting and recordkeeping requirements. 

(h) Providing written notice of licensing decisions to applicants and licensees. 

(i) Imposing and collecting necessary relevant fees and/or penalties. 

(j) Adopting departmental procedures to support the enforcement of this Plan and the Hemp 

Regulations. 

5.7 Limitation of HCO Powers

The HCO shall not regulate the Tribe or any entities except with respect to the activities of 

cultivating, processing, and storing hemp.

5.8 Compensation of the HCO

The HCO shall be paid an equal amount out of the HCO’s operating budget at the rate set by the Tribal 

Council. If no action is taken by the Tribal Council, the compensation for the HCO shall remain the same 

as the previous year.

5.9 Sovereign Immunity of HCO

When acting under the color of his/her authority, the HCO shall enjoy all of the privileges and 

immunities of the Tribe, including sovereign immunity from suit in the state, federal, or tribal court. 
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(a) The HCO shall have no authority to waive the sovereign immunity of the Tribe, or any other Tribal 

entity. 

(b) Nothing in this Plan shall be deemed or construed to be a waiver of the Tribe’s or the HCO’s 

sovereign immunity from suit. 

(c) Nothing in this Plan shall be deemed or construed as consent of the HCO to the jurisdiction of the 

United States, any state, or any other Tribe with regard to the business or affairs of the HCO. 

(d) Notwithstanding any other provision herein, as an entity of the Tribe, the HCO’s immunity from suit 

shall at all times be deemed waived for actions against the HCO initiated by the Tribal Council on behalf 

of the Tribe.

CHAPTER 6. LICENSING APPLICATIONS

6.1 License Required to Grow or Process Hemp

Any person who wishes to grow, process, handle, or transport hemp within the Tribe’s jurisdiction, must 

possess a valid license to do so.

6.2 Licenses to be Issued and Regulated by the Tribe

The Tribal Council shall determine the appropriate number of hemp businesses. The Tribe or its 

designee shall adopt a uniform licensing application for approval or denial of licenses. The HCO retains 

the discretion to issue or deny licenses in accordance with this Plan and any Hemp Regulations.

6.3 Waiting Period

A person who has had a license terminated shall not be eligible to reapply to the program for a period of 

five (5) years from the date of termination. 

6.4 Background Checks

(a) Applicants for a license must submit a criminal history report as part of an application for licensing. 

The Tribe may require other background checks. When a business applies for a license, the owners, 

directors, Key Participants, and managers must each submit to relevant background checks. Such 

reports must be completed not more than 60 days before the submission of a license application to the 

HCO. 

(b) A person may not have any felony convictions in any tribal, state, or federal jurisdictions in 

accordance with section 16-1(a); or 

(c) Any misdemeanor convictions for moral turpitude in the last ten (10) years in any tribal, state, or 

federal jurisdictions. 
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(1) The Tribal Council may waive the above subsection (c) prohibition based upon the time and 

totality of the circumstances. 

6.5 Application Contents

Applications shall include at a minimum: 

a. Full name, residential address, telephone number, and email address. 

b. If the applicant represents a business entity, the full name of the business, the principal business 

location address, the full name of the applicant who will have signing authority on behalf of the entity, 

the name(s) of all Key Participants, and email address. 

c. Street address, location ID, and the GPS coordinates for each field, greenhouse, building, or site where

hemp will be grown, handled, or processed. 

d. Information regarding whether the entity/person is licensed in any other jurisdiction. 

e. Proof of Insurance that includes worker’s compensation insurance, automobile, and general liability 

insurance. 

f. A business and operations plan shall be included with the application that includes at a minimal the 

following: 

1. The proposed acreage or greenhouse or indoor square footage to be planted or used for 

processing. 

2. A description of the type of facility proposed and the anticipated or actual number of 

employees. The name of the proposed Manager of the Facility. 

3. A security plan which shall include a general description of the security systems(s) and lighting 

plan showing the outside lighting, and current centrally alarmed and monitored security system 

service agreements. 

4. A list of pesticides, fertilizers, and other chemicals proposed for use. 

5. A description and plan of all equipment and methods that will be employed to stop any 

impact to adjacent uses, including assurances that no odor will be detected from outside the 

Location. 

6. A plan for the disposal of hemp and related byproducts. 

7. A statement of previous farming experience. 

8. Planned source of seeds or propagules. 

g. The applicant’s criminal history report. 
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h. Any License Application that is missing required information shall be subject to denial. 

i. The HCO shall notify applicants by letter or email whether the application has been denied or 

conditionally approved. 

j. The HCO shall then issue a license with that person’s photo.

CHAPTER 7. LICENSE AGREEMENTS

7.1 License Agreement Required

An applicant shall not be licensed until their application is approved and the applicant and the HCO have 

executed a license agreement.

7.2 License Agreement Contents

Any License Agreement shall contain at a minimum: 

(a) The agreement shall have a consent to entry onto, and inspection, sampling, and testing of all hemp 

plants, materials, lands, and structures used for hemp production by the HCO, representatives of the 

HCO and law enforcement agencies, with or without cause, with or without advance notice. 

(b) The applicant agrees to forfeiture and disposal, without compensation, of: 

(1) Material found to have a tested greater than the acceptable hemp THC level on a dry weight basis. 

(2) Plants located in an area that is not licensed by the Tribe. 

(3) Plants not accounted for in required reporting to the HCO. 

(c) The applicant agrees to provide to the HCO all growing, processing, handling, and storage locations, 

GPS coordinates, and receive approval for those locations prior to having hemp on those premises. 

(d) The applicant acknowledges that licensed growers or processors/handlers shall submit a Site 

Modification Request Form, and obtain prior written approval from the HCO before implementing any 

change to the licensed sites stated in the grower licensing agreement. 

(e) Acknowledgement by the applicant that hemp shall not be grown, processed, or handled in any 

location other than the location listed in the grower licensing agreement. 

(f) Agreement by the applicant not to interplant hemp with any other crop without express written 

permission from the HCO. 

(g) Acknowledgement by the applicant that anyone applying pesticides to hemp shall first obtain written 

approval from the Tribe to apply such pesticides, hold a pesticide license and apply pesticides in 

accordance with regulations or the agreement. 
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(h) Acknowledgement by the applicant that the applicant shall comply with restrictions established by 

the Tribe limiting the movement of hemp plants and plant parts. 

(i) Acknowledge that the risk of financial or other loss shall be borne solely by the licensed grower. 

(j) Agreement that any time hemp is in transit, a copy of the grower and/or processor licensing 

agreement shall be available for inspection upon the request of a representative of the HCO or a law 

enforcement agency. 

(k) Agreement that, upon request from a representative of the HCO or a law enforcement agency, a 

licensed grower and/or processor shall immediately produce a copy of his or her grower licensing 

agreement for inspection. 

(l) Agreement to submit Planting, Harvest, Disposal, and other reports required by the HCO to which the 

grower and/or processor has agreed, on or before the deadlines established in this Plan. 

(m) Agreement to monitor unregistered fields for volunteer cannabis plants and to dispose of those 

volunteer cannabis plants for three (3) years past the last date of planting reported to the HCO. 

(n) Agreement not to employ or rent land to cultivate hemp from any person who was terminated or 

denied a license. 

(o) Agreement to notify the HCO of any interaction with law enforcement immediately by email. 

(p) Agreement to notify the HCO of any theft of hemp, whether growing or not. 

(q) Agreement to pay all fees imposed by the Tribe. 

(r) Failure to agree or comply with terms and conditions established in the grower licensing and/or 

processor agreement shall constitute grounds for appropriate HCO or Tribal Council action, up to and 

including termination of the grower licensing agreement and expulsion from the Tribe’s hemp program. 

(s) Failure to agree and sign the grower licensing and/or processor agreement shall terminate 

conditional approval and a licensing agreement shall not be executed. 

(t) The signatures of the Tribe and licensee(s). 

7.3 Licensing Fees

(a) Every hemp business shall pay $5,000 license application fee to the Tribe. 

(b) The annual renewal fee shall be $2,500. 

(c) All operating fees shall be remitted to the Tribe, which shall keep accurate records of all such 

receipts, and shall be subject to distribution by the Tribe in accordance with its usual appropriation 

procedures for governmental and social services. 
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(d) Non-payment of fees after 10 days shall be considered a violation of the license agreement, and can 

result in suspension or revocation of their license.

CHAPTER 8. SITE PERMITS

8.1 Permits Required

A permit is required for each location or site that hemp is planted, grown, handled, or processed.

8.2 Permits to be Issued and Regulated by the Tribe

The Tribe or its designee shall adopt a uniform permitting application and process for approval or denial 

of permits. The HCO retains the discretion to issue or deny permits in accordance with the Hemp 

Regulations.

8.3 License Required

Permits may only be issued to individuals and entities with a license. An individual or an authorized

entity representative must physically visit a Farm Service Agency field office and receive a lot number. 

8.4 Prohibited Locations

Permits may not be issued for the following sites or locations: 

(a) Any place that is not listed in the grower licensing agreement. 

(b) Within 1,000 feet of any structure that is used for residential purposes.

(c) Within 1,000 feet of a school, church/place of worship, cemetery or a public recreational area, 

subject to any good cause exceptions in the permitting process. 

(d) On property owned by, leased from, or previously submitted in a license application by any person 

who is ineligible or was terminated, or denied a license.

(e) A licensed grower shall not plant hemp plants in an outdoor growing location of less than onequarter acre unless prior approval is received in writing from the HCO.

8.5 Co-Locating Permitted

Permits may be issued to licensed growers and licensed processors to co-locate at the same location.

8.6 Site Modifications

A licensed grower who elects to grow or process hemp in a new location or handle at a site other than 

the sites specified by the location description and GPS coordinates listed in the grower and/or processor 

licensing agreement shall submit a Site Modification Request Form, and obtain written approval from a 

representative of the HCO, prior to planting, processing or storing at the proposed location.
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8.7 Site Access

No person shall have an expectation of privacy with respect to any location or site that is permitted 

under this Plan. Licensees, whether present or not, shall allow representatives of the HCO, Commission 

and tribal and/or federal law enforcement agencies to enter the premises with or without cause and 

with or without advanced notice.

8.8 Fees

The Tribe may institute annual fees that are in accordance with the value of the permitted land area. 

Non-payment of fees shall result in an application for a permit to be denied or revoked. This section 

shall not apply to Tribally-owned hemp operations.

CHAPTER 9. REPORTING AND RECORD KEEPING

9.1 Reporting Requirements of HCO

At a minimum, the HCO must report and maintain records on the following information: 

(a) Retain Information about Growing Locations. The location and its GPS coordinates for every site or 

location where the Tribe has approved hemp to be grown. 

(b) Information about approved growing, processing, handling, and storage site locations and make 

available upon request to Tribal Law Enforcement, the DEA, and other law enforcement agencies whose 

representatives request registered site information, including the location and its GPS coordinates. 

(c) All applications for licensure, grants or denials of licenses, receipts of fees, distribution of fees and 

revenues to the Tribe. 

(d) A quarterly report to the Tribal Council summarizing the HCO’s official actions, activities, 

investigative reports, Commission reports and reports received from any hemp business as it deems 

necessary to keep the Tribal Council fully informed as to the status of the HCO’s activities. 

9.2 HCO to Submit Growing Locations and Grower License Information to United States Secretary of 

Agriculture and Farm Service Agency

The HCO shall provide a report by the first of each month to the Secretary of Agriculture and the Farm 

Service Agency real-time information for each grower, including: 

(a) The licensed grower’s legal and common name; 

(b) The licensed grower’s and each employee for whom a business entity is required to submit a 

criminal history report Tribal license number, telephone number, email address, physical and 

mailing address, and, if a business, that company’s EIN number; 

(c) The legal description, and to the extent practicable, the geospatial location for each field, facility 

(greenhouse/building), or other place where hemp is licensed to be grown; 
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(d) The status of license numbers and licensed growers, including any changes regarding a licensed 

grower; 

(e) The amount of acres planted for the calendar year; 

(f) Acreage of greenhouse or indoor square footage dedicated to the production of hemp; and 

(g) The total annual crop acreage planted, harvested, and, if applicable, disposed to be filed by 

December 15th of each year. 

9.3 Harvesting/Disposal Reports

(a) Testing grower reports and the current Harvest/Disposal Report form shall be submitted to the HCO 

at least fifteen (15) days prior to the intended harvest date or intended disposal of a failed crop. 

(b) The HCO shall submit the disposal report to the USDA by the first of the month, including the name 

and contact information for each producer who produced non-conforming plants, as well as the date 

the disposal was completed.

9.4 Planting Reports

A licensed grower shall submit to the HCO a complete and current Field Planting Report, within fifteen 

(15) days after every planting, including replanting, of seeds or propagules in an outdoor location. Each 

Field Planting Report shall identify the: 

(a) Correct hemp variety name as designated upon approval of the planting request or as approved by 

the HCO. 

(b) Field and/or Greenhouse location ID as listed in the grower licensing agreement. 

(c) Primary intended use of the harvest for each planting. 

(d) The amount of acres harvested. 

(e) A licensed grower who does not plant hemp in an approved outdoor site listed in the grower license 

agreement shall submit a Field Planting Report, on or before July 31, stating that hemp has not and shall 

not be planted at that site. 

(f) In addition to the initial Greenhouse/Indoor Planting Report, a licensed grower with an approved 

greenhouse or indoor growing site shall submit quarterly reports for each location ID to the HCO, such 

Reports shall be due no later than March 31, June 30, September 30, and December 31. 

9.5 Recordkeeping

All forms, reports, and records required to be submitted to the Tribe by this Plan and by the Hemp 

Regulations shall be kept for a minimum of three (3) calendar years. Licensees and the HCO are each 

responsible for maintaining such records.

CHAPTER 10. SEED ACQUISITION
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10.1 Seed Acquisition Within the United States

(a) A person shall not acquire seeds or propagules from a source within the United States unless the 

seeds are on a state and/or federally approved seed cultivars list and a request form is provided to the 

HCO with the seed and/or propagule on the current list. HCO approval is not required for such seeds or 

propagules. 

(b) Other international seeds require that a completed Domestic Seed/Propagule Request form be 

submitted to the HCO and obtaining written approval of the Domestic Seed/Propagule Request from a 

representative of the HCO.

10.2 Seed Acquisition from a Source Outside of the United States

(a) A person seeking to obtain seeds from an international source shall submit a complete International 

Seed Request form to the HCO. 

(b) If approved, the HCO shall request a USDA or DEA Permit to Import under the Commission’s DEA 

registration. 

(c) A person shall not acquire seeds from a source outside the United States, unless the HCO first obtains 

a Permit to Import from the USDA or DEA or such seeds are on a federally approved list. 

10.3 Seeds of Wild, Landrace, or Unknown Origin

(a) A person shall not acquire or grow hemp seeds or propagules of wild, landrace, or unknown origin 

without first obtaining written approval from the HCO. 

(b) The HCO shall not permit hemp seeds or propagules of wild, landrace, or unknown origin to be 

planted, cultivated, or replicated by any person without the HCO monitoring the replication and THC 

testing of mature plants grown from the seeds or propagules by the HCO or its designee. 

(c) Any licensed grower or licensed processor found to have saved seed, propagules, or cuttings, or 

cultivated seeds, propagules, or cuttings from a cannabis plant of wild, landrace, or unknown origin, 

without advance written permission from the HCO shall be subject to suspension or revocation of his or 

her license and forfeiture without compensation of his or her materials. 

CHAPTER 11. HARVESTING

11.1 Grower Responsibilities

Growers shall: 

(a) Submit a complete and current Harvest/Disposal Report form to the HCO at least fifteen (15) days 

prior to the intended harvest date or intended disposal of a failed crop prior to harvest of hemp. 
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(b) Collect samples of any hemp plants for the purposes of testing fifteen (15) days prior to the harvest

date anticipated. The grower or an authorized representative shall be present at the growing site for the 

sample collection. 

(c) The samples, including flower material shall be collected in accordance with the USDA’s Hemp 

Sampling Guidelines. 

(d) The method used for sampling must ensure that a representative sample is a homogeneous 

composition of the plot. 

(e) Representatives of the HCO shall be provided with complete and unrestricted access to all hemp and 

other cannabis plants, whether growing or harvested, and all land, buildings, and other structures used 

for the cultivation, handling, and storage of all hemp plants, and all locations listed in the grower 

licensing agreement. 

(f) The licensed grower shall harvest the crop within fifteen (15) days following the date of the final preharvest sample collection and THC testing, but not before the samples are taken, tested, and 

determined by the testing lab to be acceptable hemp. 

(g) Samples of hemp plant materials from one lot shall not be commingled with hemp plant materials 

from other lots.

11.2 Pre-Harvest Sampling Process and Equipment

The sampling process and equipment shall be in accordance with the USDA’s Hemp Sampling Guidelines.

11.3 Pre-Harvest Retest

A licensee may order a pre-harvest THC retesting of a plot if the results of an initial THC test on the preharvest sample indicate a delta-9-THC concentration in the pre- harvest sample in excess of 0.3% THC. A 

licensed grower shall pay any retest fees.

CHAPTER 12. THC TESTING

12.1 Testing Procedures

(a) Testing must be according to a post-decarboxylation or other similar reliable method for delta-9 

tetrahydrocannabinol hemp concentrations. The testing methodology must consider the potential 

conversion of delta-9 THCA into THC and the test result measure total available THC (THC + THCA). 

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

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

(b) The Testing Lab must evaluate, estimate, and report the measurement of uncertainty with the test 

results. 
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(c) Testing shall be performed by a state or federally approved testing lab and in accordance with the 

most recent USDA’s Hemp Testing Guidelines, including section 990.25. Grower must use a DEAregistered testing laboratory. The Testing Lab and Licensee shall report the results to the USDA and HCO 

in accordance with section 990.70(d). 

(d) Lots tested by a non-DEA-registered testing laboratory, or lots that have been tested by a DEAregistered testing laboratory that have failed with an unacceptable THC level, shall be lawfully disposed 

by the grower. Lots that are not tested and certified by a DEA-registered testing laboratory shall not be 

handled, processed or enter the stream of commerce. 

(e) Test results for noncompliant plants must be reported to the USDA and HCO. 

(f) The Tribe reserves the right to test any hemp plants produced by any Licensee for THC compliance. 

CHAPTER 13. CROP DISPOSAL

13.1 Surrender and Disposal of Prohibited Varieties

When varieties are determined to be a greater than 0.3% THC, the Licensee shall contact a person 

authorized under the Controlled Substance Act to handle marijuana, such as a DEA registered reverse 

distributor, or a duly authorized federal, state, tribal, or local law enforcement officer to dispose of the 

crop. Licensee shall provide a copy of such disposal action within 10 days of the disposal.

13.2 Licenses Required to Submit Crops Disposal Report

A grower whose hemp crop must be disposed of under this Plan shall submit to the HCO a Crops 

Disposal Report at least 15 days prior to the proposed crop disposal. The Report shall contain the 

following information: 

(a) The Location ID of the hemp plot to be disposed of; 

(b) Acreage of greenhouse or indoor square footage dedicated to the production of hemp;

(c) The variety/strain of the hemp crop; 

(d) The date of the proposed disposal; 

(e) The proposed method of disposal; 

(f) Whether the disposal will be a complete disposal of all hemp in the plot; 

(g) Photos of the hemp plot proposed for disposal; 

(h) License number of the licensee; and 

(i) Signature of the licensee. 

13.3 Expense of Crop Disposal

The Licensee shall be responsible for the cost of crop disposal.

13.4 Penalty for Failing to Submit Crops Disposal Report
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Any Licensee that fails to submit a disposal report shall have their license revoked, may be banned from 

holding a hemp license in the future, and shall be subject to a civil penalty of up to $2,500.

CHAPTER 14. PROHIBITED ACTIVITIES

14.1 Growing or Processing Prohibited Varieties of Hemp Prohibited

No person may grow, cultivate, handle, or process hemp that does not meet applicable federal and 

Tribal standards at any location within the Tribe’s jurisdiction.

14.2 Restrictions on Sale or Transfer

Licensees shall not plant, handle, process, or sell any cannabis that is not hemp.

14.3 Operating Without a License Prohibited

A person shall not grow, cultivate, handle, or process hemp without a valid Tribal license and/or license 

agreement.

14.4 Intermingling Hemp with Other Crops

Hemp shall be physically segregated from other crops unless prior approval is obtained in writing from 

the HCO. 

14.5 Operating Minimum

A licensed grower shall not plant hemp plants in an outdoor growing location of less than one quarter 

acre unless prior approval is received in writing from the HCO.

14.6 Public Access to Hemp Restricted

The public may not access hemp plots for activities such as a maze. Licensees shall not allow the 

unsupervised public on permitted sites.

CHAPTER 15. NEGLIGENT VIOLATIONS

15.1 Negligent Violations

(a) A person shall be subject to a negligent violation for: 

(1) Failure to provide a location identification of the grow area; 

(2) Failure to obtain a license; or 

(3) Production of hemp that exceeds the acceptable hemp THC level. 

15.2 Corrective Action Plans for Negligent Violations
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(a) A person who is found by the HCO to have committed a Negligent Violation shall be subject to a 

corrective action plan. Person shall submit a report to the HCO outlining what factors may have caused 

the violation(s) and what corrective actions shall be implemented to remedy. HCO shall then issue a 

corrective action plan that shall include, at a minimum, the following information: 

(1) A reasonable date by which the person shall correct his or her violation; and 

(2) A requirement for periodic reports from the person to the HCO about the person’s 

compliance with the corrective action plan, applicable hemp statutes and administrative 

regulations for a period of at least two (2) years from the date of the corrective action plan. 

(3) Negligent violations of this plan are not subject to federal, state, tribal, or local government 

criminal enforcement action. 

(4) Three negligent violations within a five-year period shall render a grower ineligible to 

produce hemp for five years from the date of the third violation. 

(5) The Tribal HCO shall conduct inspections to determine if the corrective action plan has been 

implemented. 

(b) Negligence for this Plan is defined as a failure to exercise the level of care that a reasonably prudent 

person would exercise in complying with this Plan and the federal hemp regulations. 

(c) Violations made with a culpable mental state greater than negligence shall be reported to the U.S. 

Attorney General and the chief law enforcement officer of the State and Tribe.

CHAPTER 16. FELONIES

16.1 Felonies

(a) A person with a Federal, Tribal or State controlled substance felony conviction is restricted from 

participating in the Plan and producing hemp for 10 years from the date of the conviction, unless such 

person was lawfully growing hemp before December 20, 2018 under the 2014 Farm Bill and whose 

conviction also occurred before that date.

(b) For growers that are entities, the HCO shall evaluate the percentage of ownership, titles, and vested 

interests, including Key Participants, in the entity in accordance with section 6.4(a) for the purposes of 

16.1(a). 

CHAPTER 17. PENALTIES

17.1 Applicability

Anyone who violates this Plan, whether intentionally or negligently, is subject to any of the penalties set 

forth within.
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17.2 Immediate License Suspension

The HCO shall immediately suspend a license, without an opportunity for a hearing, if: 

(a) The licensee pleads guilty to, or is convicted of, any drug-related felony. 

(b) The licensee or their agent admits to having made any false statement to the HCO or its 

representative or failed to comply with any instruction or order from the HCO.

17.3 License Suspension and Revocation

The HCO shall notify a licensee in writing that the grower and/or processor licensing agreement may be 

temporarily suspended or revoked if the HCO receives information supporting an allegation that a 

licensed grower has: 

(a) Violated a Regulation. 

(b) Made a false statement to the HCO or a law enforcement agency or materially falsifies any 

information in the application. 

(c) Been found to be growing or in possession of hemp greater than 0.3% THC. A person does not 

commit a negligent violation, however, if they produce plants that exceed acceptable hemp THC levels 

and use reasonable efforts to grow hemp and the plant does not have a THC concentration of more than 

0.5% on a dry weight basis. 

(d) Failed to comply with an order from the HCO or applicable law enforcement agency.

17.4 Consequences of License Suspension

(a) A person whose license has been temporarily suspended shall not harvest, process, or remove hemp 

from the premises where it is located at the time when the HCO issued its notice of temporary 

suspension, except as authorized in writing by the HCO. 

(b) As soon as possible after the notification of temporary suspension, the HCO shall inspect the 

licensee’s site and perform an inventory of all hemp, and hemp products that are in the licensed 

grower’s possession. 

17.5 Termination of Licensing Agreement

The Tribe may unilaterally and immediately suspend and/or revoke licenses upon the HCO’s finding that 

a licensed grower and/or processor has committed any of the acts greater than negligence in violation 

of this Plan or the Hemp Regulations, or violated any provision of an applicable licensing agreement.

17.6 Termination of Employment

Tribal employees, including the HCO, may be terminated for violating provisions of this Plan.
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17.7 Civil Penalties

If the HCO receives information supporting a finding that it is more likely than not that a person licensed

under this Plan has engaged in conduct violating a provision of this Plan or the Tribe’s hemp Regulations, 

or the licensing agreement, then the HCO may assess a monetary civil penalty not to exceed $10,000 per 

violation. 

17.8 Forfeiture

Any hemp within the Band’s jurisdiction is subject to forfeiture and disposal without compensation if it 

is being commercially grown, processed, or handled without a license or at an unpermitted location.

17.9 Stacking of Penalties Allowed

If the HCO determines that an offense or offenses have been committed under this Plan, the HCO is 

permitted to stack various penalties.

17.10 Advisement of Rights

Any time the HCO issues a penalty under this Chapter, he or she shall provide a written notice of rights, 

including the right to a hearing, if applicable. 

17.11 Mandatory Reporting

Any person who is found by the HCO to have violated any statute or administrative regulation governing 

that person’s participation in the hemp program with a culpable mental state greater than negligence 

shall be reported to Tribal, State, and Federal Law Enforcement Agencies. 

CHAPTER 18. APPEALS

18.1 Burden of Proof

Prior to issuing a penalty or an adverse decision, the HCO must base decisions by a preponderance of 

the evidence. 

18.2 Right to Review of Adverse Decisions

Any person who has been issued an adverse decision under this Plan or the Hemp Regulations may seek 

the HCO’s review of such decision.

18.3 Requesting a Review Hearing

A review hearing will not be conducted unless a written petition for review is provided to the HCO 

within ten (10) calendar days of service to the recipient of the written notice of the HCO’s decision. The 

petition must state the bases that support the person’s position. If no request is provided within 10 

calendar days, the HCO’s decision shall be deemed final.
Soboba Hemp Regulations 

Rev. 010521

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18.4 HCO Review Hearing

At the review hearing, the person and the HCO may provide evidence and testimony. Upon 

consideration of these, HCO shall issue a decision, subject to such conditions as it deems reasonable 

under the circumstances to protect the public health, safety, and welfare of the Tribe and its Tribal 

members. The decision of the HCO shall be provided in writing. 

18.5 Requesting a Hemp Commission Review Hearing

A person may request the Hemp Commission review the HCO’s decision. Such request for review must 

be made within ten (10) calendar days of the HCO’s decision. The request for appeal must state the 

bases that support the person’s position. If no request is provided within 10 calendar days, the HCO’s 

decision shall be deemed final.

18.6 Hemp Commission Review Hearing

The Hemp Commission shall schedule an administrative hearing within 30 calendar days of receiving the 

request for hearing. The person and HCO shall submit any supporting documents to the Hemp 

Commission and the other party, including their evidence and witness list at least 10 calendar days prior 

to the hearing. At the hearing, the person and the HCO may provide evidence and testimony. Upon 

consideration of these, the Hemp Commission shall issue a decision within 15 calendar days of the 

hearing. The Hemp Commission shall issue a written decision. The Hemp Commission decision shall be 

final and is not subject to further review. 

CHAPTER 19. MISCELLANEOUS

19.1 Amendments

This Plan may be amended by the Tribal Council, subject to applicable final approval by the USDA or 

other designated agency under the applicable laws of the United States.

19.2 Savings Clause

In the event that any phrase, provision, part, paragraph, subsection, or section of this Plan is found by a 

court of competent jurisdiction to violate the Constitution or laws of the Tribe or any federal law, such 

phrase, provision, part, paragraph, subsection or section shall be considered to stand alone and be 

deleted from this Plan. The entirety of the balance of this Plan shall remain in full and binding force and 

effect.