PAWNEE NATION OF OKLAHOMA

Law and Order Code

TITLE XIV

CANNABIS SATIVA L. FARMING ACT

(HEMP)

Codified on January 24, 2019

by Resolution #19-06
Table of Contents

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

Section 001. Codification............................................................................................................ 1

Section 002. Purpose and Intent.................................................................................................. 1

Section 003. Severability ............................................................................................................ 2

Section 004. Applicability .......................................................................................................... 2

Section 005. Personal Jurisdiction; Territorial Jurisdiction........................................................ 2

Section 006. Sovereign Immunity............................................................................................... 2

Section 007. Definitions.............................................................................................................. 3

Section 008. Authorizations........................................................................................................ 4

Section 009. License Required ................................................................................................... 5

Section 010. Application for License.......................................................................................... 5

Section 011. Suspension or Cancellation of License.................................................................. 8

Section 012. General Enforcement Authority and Penalties ...................................................... 8

Section 013. Penalties............................................................................................................... 11

Section 014. Inspection of Facilities and Records.................................................................... 13

Section 015. Culpability............................................................................................................ 14

Section 016. Appeals ................................................................................................................ 14

Section 017. Seizure of Property .............................................................................................. 14
TITLE XIV PAWNEE NATION CANNABIS SATIVA L. FARMING ACT

(Authorizing Implementing Regulations-Ch. 3)

GENERAL PROVISIONS

Section 001. Codification

This Title shall be codified as the Pawnee Nation Cannabis sativa L. (Hemp) Farming Act (Act) 

and supersedes and supplements all conflicting provisions or laws of the Pawnee Nation. 

Section 002. Purpose and Intent

The plant, Cannabis sativa L., has many sub-species or varieties. The sub-species or variety 

referred to in this Act is Cannabis sativa L. containing no more than three-tenths of one percent 

(0.3%) delta-9 tetrahydrocannabinol (THC) concentration on a dry weight basis; commonly 

referred to as industrial hemp. This variety will be referred to as “hemp” throughout the remainder 

of this document.

The purposes of this Act are to:

(a) Authorize the establishment of the Pawnee Nation Cannabis sativa L. Farming 

Regulation for implementation of the hemp production operations;

(b) Promote the cultivation and processing of hemp and to open new commercial markets 

for farmers and businesses through the sale of hemp products;

(c) Promote the expansion of this Nation’s hemp industry to the maximum extent permitted 

by law, allowing farmers and businesses to cultivate, handle, and process hemp and sell 

hemp products for commercial purposes;

(d) Encourage and empower research into hemp growth and hemp products at institutions 

of higher education in this Nation and in the private sector; and

(e) Move this Nation and its citizens to the forefront of the hemp industry.

The purpose of the Hemp Act is to enable the Division, and its licensees and affiliated universities, 

to promote the cultivating and processing of hemp and the commercial sales of hemp products. 

Notwithstanding any other provision of law, it is lawful for a licensee to cultivate, handle, or 

process hemp in this Nation, as well as to transport hemp outside of the Nation. Notwithstanding 

any other provision of law, it is lawful for any person to possess, transport, sell, and purchase 

legally-produced hemp products in this Nation. Nothing in this chapter authorizes any person to 

violate any law or regulation of the United States or this Nation. 
Section 003. Severability

The provisions of this Act are severable, and if any part hereof shall be held void, the decision of 

any court so holding shall not affect or impair any of the remaining parts or provisions of this Title.

Section 004. Applicability

(a) This Act shall apply to all causes within the territorial jurisdiction of the Pawnee Nation 

and shall apply to all Indian persons violating its provisions within the territorial 

jurisdiction of the Pawnee Nation, provided, that the provisions of Chapter Four of Title 

VI of this Law and Order Code shall apply to all members of the Pawnee Nation and all 

Indian residents of the jurisdiction of the Tribe where ever such violations may occur, if 

such violation has any actual or intended effect upon the political integrity or the political 

or economic security of the Pawnee Nation 

(b) This Act shall apply to non-Indians to the extent not inconsistent with federal law and to 

the extent that any person found to have violated any provision of this Title may be 

banished from the jurisdiction of the Pawnee Nation for a period of not more than ten years, 

or for such term and/or penalty or fine as may be imposed by the Section violated, in a civil 

proceeding brought by the Pawnee Nation. The non-Indian, in such cases shall have all the 

same procedural rights of a criminal defendant, and such cases shall be tried by the same 

rules of criminal procedure.

Section 005. Personal Jurisdiction; Territorial Jurisdiction

(a) For the purpose of enforcement of this Act, the Pawnee Nation shall have jurisdiction over 

all persons, who by their actions or negligence, violates any provision of this Act. 

(b) For the purpose of enforcement of this Act, the Pawnee Nation shall have jurisdiction in 

the territorial boundaries of the Pawnee Nation and other places determined to be Indian 

Country within the Pawnee Nation jurisdiction as provided in Title I, Section 3 of this Law 

and Order Code. Because any violations of this Code, its Acts, laws, or any rules or 

regulations adopted there-under will demonstrably and seriously impact the environment, 

natural resources, public health, safety, welfare, cultural and/or political integrity, and 

economic security of the Nation, the Pawnee Nation shall have jurisdiction to regulate and 

enforce the provisions of this Act with respect to any activity conducted on trust land 

(Tribal and/or individual allotment) , fee land, and in Indian Country within the Pawnee 

Nation to the fullest extent allowed by law.

Section 006. Sovereign Immunity

(a) Neither this Law and Order Code, its Acts, Laws, Regulations, or prescribed services, nor 

the Tribal programs established for implementation of said Acts, laws, regulations, or 

services, nor any action or agreement of the Department of Environmental Conservation 

and Safety or its Programs shall be construed as, or is intended to be, a waiver or 
modification of any sovereign immunity now enjoyed by the Pawnee Nation, or a consent 

by the Nation to jurisdiction or suit against it.

(b) The Nation reserves the right to contest the jurisdiction of the Federal Court in any citizens' 

suit filed against it (IE, under Section 7002 of the SWDA), except only as such jurisdiction 

may be expressly waived by the Pawnee Nation in such suit.

(c) The Pawnee Nation, the Pawnee Business Council and its members; the Pawnee Nation; 

the Pawnee Nation Department of Environmental Conservation and Safety and its Director 

and employees; and all other Tribal officers, employees, representatives, or agents thereof, 

who are performing their duties by implementing or enforcing any provision of the Law 

and Order Code, are immune from suit for monetary damages in any court of law, and they 

do not waive any of their sovereign rights or immunities; executive privileges or right to 

privacy or confidentiality.

(d) The Pawnee Nation and/or Department of Environmental Conservation and Safety may 

enter into such contracts as are authorized by the Pawnee Business Council, for the purpose 

of implementing and/or enforcing provisions of this Code or its Acts therein; provided that 

such contracts shall not be construed to be a waiver of the sovereign rights or immunities 

of the Pawnee Nation, or any commission, board, agency, entity, officer, employee, 

representative, or agent thereof.

Section 007. Definitions

In this Act, the following terms shall have the following meanings:

(a) “Cannabidiol” or “CBD” means the compound by the same name derived from the 

hemp variety of the Cannabis sativa L. plant.

(b) “Commercial sales” mean the sale of products in the stream of commerce, at retail, 

wholesale, and online.

(c) “Cultivation site” means the contiguous field, building, storage area, or processing area in 

which one or more varieties of hemp may be lawfully cultivated, stored, or processed.

(d) “Cultivating” means planting, watering, growing, and harvesting a plant or crop.

(e) “Director” means the Director of the Division of Natural Resources and Safety.

(f) “Division” means the Division of Natural Resources and Safety.

(g) “Federally-defined THC level for hemp” means a delta-9 THC concentration of not 

more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined 

in 7 U.S.C. sec. 1621 as it currently exists or as it may be subsequently amended, 

whichever is greater.

(h) "Growing Area" means the portion of a contiguous field or building in which a single 

variety of hemp is planted, grown, and harvested.

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

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

“Handling” also includes possessing or storing hemp plants 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 hemp to the premises of another licensed person. “Handling” does 

not mean possessing or storing finished hemp products.
(j) “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 not more than the federally-defined THC level 

for hemp. Hemp shall be considered an agricultural commodity.

(k) “Hemp Products” means all products with not more than the federally-defined THC 

level for hemp derived from, or made by, processing hemp plants or plant parts, that 

are prepared in a form available for commercial sale, including, but not limited to,

cosmetics, personal care products, food intended for animal or human consumption, 

cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product 

containing one or more hemp-derived cannabinoids, such as cannabidiol. 

(l) “Industrial Hemp” is equivalent in all meanings to “Hemp.”

(m)“License” means a license issued by the Division under the authority of this chapter to 

handle, cultivate, or process hemp.

(n) “Marijuana,” means all parts of the plant Cannabis sativa L., whether growing or not; the 

seeds thereof; the resin extracted from any part of such plant; and every compound, 

manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. The 

term ‘marijuana’ does not include hemp, as defined in section 297A of the Agricultural 

Marketing Act of 1946, and does not include the mature stalks of such plant, fiber 

produced from such stalks, oil or cake made from the seeds of such plant, any other 

compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks 

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

plant which is incapable of germination (7 U.S.C. 1639o). “Marijuana” means all 

cannabis that tests as having a concentration level of THC on a dry weight basis of higher 

than 0.3 percent. 

(o) “Licensee” means an individual or business entity possessing a license issued by the 

Division under the authority of this chapter to handle, cultivate, or process hemp.

(p) “Marijuana,” as defined under [Nation’s statute defining marijuana, if any] and 

notwithstanding any other provisions of the law, does not include hemp or hemp 

products.

(q) “Nation” means the Pawnee Nation of Oklahoma and all of its agencies and units.

(r) “Processing” means converting an agricultural commodity into a marketable form.

(s) “THC” means tetrahydrocannabinol. Notwithstanding any other provision of the law, 

the THC that is found in hemp shall not be considered to be THC in qualifying as a 

controlled substance.

(t) “University” means an accredited institution of higher education located in this Nation.

Section 008. Authorizations

(a) The Pawnee Nation Department of Environmental Conservation and Safety (DECS) is 

designated as the lead agency to promulgate regulations as required by this Act, approve permits, 

regulate, and enforce the provisions of this Act including permits. The jurisdiction conferred on the 

DECS by this Title shall be consistent with the authorities established under Title 12 of the Pawnee 

Nation Law and Order Code and is concurrent with and in addition to the regulatory jurisdiction of 

the federal government. 
(b) The Pawnee Nation Tax Commission (TC) is authorized to issue and approve permits and enforce 

implementing regulations which are deemed necessary by the Pawnee Nation to implement 

any provision of this Act. 

(c) This Act shall be interpreted and applied such that the Nation has exercised its inherent legal and 

regulatory authority to the fullest extent permitted by federal law and the Nation's constitution. 

The Nation's law shall be applied and enforced except to the extent that federal law preempts a 

specific exercise of the Nation's regulatory authority.

Section 009. License Required

No person shall handle, cultivate, or process hemp within the Pawnee Nation without first 

obtaining and maintaining the proper license. License conditions are as indicated within the 

provisions of this Act. All license related fees and fines collected under this title shall be deposited 

into general funds of the Pawnee Nation. Handling, cultivating, or processing hemp without a 

license as required by this Act shall be punishable in accordance to the provisions within Section 

014 of this Act unless otherwise indicated in any other Section of this Act, and/or by other laws 

and regulations of the Pawnee Nation.

Section 010. Application for License

Unless otherwise indicated in this Act, each license shall contain the following conditions:

(a) All farmers, company’s, or institutions intending to handle, cultivate, or process hemp 

within the jurisdiction of the Pawnee Nation shall submit an application with the 

Department for a license: 

(1) Not less than thirty (30) days prior to the planting or cultivation of any industrial 

hemp crop; or 

(2) No later than December 1 if a subsequent license is required to harvest industrial 

hemp crops planted before December 31 but scheduled for harvest after December 

31. 

(b) A licensee shall submit a separate application, pay separate application and inspection 

fees, and obtain a separate license for each cultivation site licensed by the licensee. 

(c) The application shall be on a form provided by the Department and shall, at a minimum, 

contain the following information: 

(1) The name and address of the applicant; 

(2) The contact information, including but not limited to, names, phone numbers, 

and email addresses, for any officials or employees of the licensee responsible for 

communications with the Department relating to the cultivation of industrial hemp; 
(3) If the licensee intends to utilize subcontractors, the correct legal name of the 

subcontractors along with all aliases or trade names of the subcontractors; 

(4) If the licensee intends to utilize subcontractors, the address for the 

subcontractors' primary business locations and any satellite business offices located 

in Oklahoma; 

(5) If the licensee intends to utilize subcontractors, the contact information, 

including but not limited to, names, phone numbers, and email addresses, for any 

officials or employees of the subcontractor responsible for communications with 

the Department relating to the cultivation of industrial hemp; 

(6) Proof of ownership or valid lease from the Pawnee Nation or Bureau of Indian 

Affairs for the cultivation site and the following information if the cultivation site 

is not wholly owned by the licensee: 

(A) The name, address, and contact information for all persons or entities 

having any ownership interest in the cultivation site; and 

(B) An original signed, dated, and notarized letter of acknowledgement 

from each person having any ownership interest in the cultivation site 

indicating approval for the cultivation of industrial hemp at the cultivation 

site; 

(C) If applicable, a copy of the property lease for the entire duration of the 

license; 

(7) If the application identifies a contiguous field as the cultivation site: 

(A) A legal description (Section, Township, Range) of the contiguous field; 

(B) The global positioning location coordinates at the approximate center 

of the contiguous field; and 

(C) An annotated map or aerial photograph with sufficient detail and clarity 

to define the boundaries and dimensions of the contiguous field in acres, 

and, if applicable, the locations, boundaries, and dimensions of different 

growing areas within the contiguous field along with a description of the 

variety of industrial hemp corresponding to each growing area; 

(8) If the application identifies a building as the cultivation site: 

(A) The physical address of the building; 

(B) The global positioning location coordinates of the building; and 
(C) An annotated map or blueprint with sufficient detail and clarity to show 

the boundaries and dimensions of the building and growing area in square 

feet, and, if applicable, the locations, boundaries, and dimensions of 

different growing areas within the building along with a description of the 

variety of industrial hemp corresponding to each growing area; 

(9) A description of any areas used to store or process plants or plant parts, 

including but not limited to: 

(A) The physical address or location of any storage areas or processing 

areas; 

(B) The global positioning location coordinates of any storage areas or 

processing areas; and 

(C) An annotated map or blueprint with sufficient detail and clarity to show 

the location, boundaries and dimensions of any storage areas or processing 

areas in square feet; 

(10) A schedule identifying the intended dates of planting and intended dates of 

harvesting any industrial hemp crop or crops; 

(11) A statement of intended use and disposition for the industrial hemp harvested 

from the cultivation site or any plant parts thereof; 

(12) A notarized and sworn statement from an official or employee of the licensee 

and from an official or employee of any associated subcontractor that only hemp

seed will be planted at the cultivation site; and 

(13) Acknowledgement and agreement with the following terms and conditions: 

(A) Any information provided by the licensee or subcontractors is subject 

to public disclosure under the Open Records Act; 

(B) Any information provided by the licensee or subcontractors may be 

released to the Pawnee Nation Division of Law Enforcement or to any law 

enforcement agencies without notice to the licensee or its subcontractors; 

(C) The licensee and subcontractors shall fully cooperate with the 

Department, grant the Department physical access to any part of the 

cultivation site and allow inspection and sampling that the Department 

deems necessary; and 

(D) The licensee and subcontractors shall submit all required reports by the 

dates specified by the Department. 
(d) A subcontractor may submit applications, pay associated fees, and file reports required 

by the Department on the licensee's behalf if authorized by the licensee to do so. The 

licensee's approval for the subcontractor to submit applications, pay fees, pay fines, and 

file reports shall be evidenced by an original, dated, signed, and notarized authorization 

letter from an official or employee of the licensee identified in subsection (c)(2) of this 

section submitted with the application for a license. A unique original, dated, signed, and 

notarized authorization letter shall be required for each new application, for each 

subsequent application, or renewal of an existing license. 

(e) Incomplete applications shall not be processed by the Department and any associated 

application fees shall be retained by the Department. 

(f) Applications that are denied by the Department may be resubmitted within twelve (12) 

months of the original filing. The Department may waive application fees for resubmitted 

applications.

Section 011. Suspension or Cancellation of License

Any License may be suspended, canceled or not renewed for any of the following reasons:

(a) Filing and application or document which contains incomplete, false or misleading 

statements;

(b) Non-payment of license application fee or any other payment owing to the Pawnee 

Nation and arising from any activity covered by the license, including taxes, fees, 

penalties, or other assessments;

(c) Noncompliance with, or violations of any laws or regulations imposed by the Pawnee 

Nation or the United States governing handling, processing, or cultivating industrial 

hemp;

(d) Noncompliance with or violation of any portion of this Act (Title 14), or any other laws 

or regulations of the Pawnee Nation law and order code;

(e) Noncompliance with or violation of any condition of the license; and

(f) Other grounds considered adequate by the Pawnee Nation for suspension or cancellation 

of the permit.

Section 012. General Enforcement Authority and Penalties

(a) General Authority. Whenever, on the basis of any information available to the Director, 

the Director finds that any person (including the Pawnee Nation and any instrumentality of 

the Pawnee Nation) has violated, or is in violation of any requirement or prohibition of this 

Act, its laws, the regulations promulgated under this Act, or permits, orders, plans, 

programs or fees issued or developed pursuant to this Act, the Director may: 

(1) Issue and serve on such person a Notice of Violation (NOV) ordering such person 

to comply with such requirement or prohibition, including an emergency order to 

comply, including fines pursuant to the provisions of this section;
(2) Issue and serve on such person an administrative Notice of Violation as penalty 

order;

(3) Issue and serve on such person a criminal or civil citation in accordance to the Law 

of the Pawnee Nation;

(4) Request that the Pawnee Nation Attorney General and/or Prosecutor bring a 

criminal action in accordance with this Act and/or refer any criminal enforcement 

action or portion of such action to the appropriate court of jurisdiction; and/or

(5) Request that the Pawnee Nation Attorney General and/or prosecutor bring a civil 

action, including an action for injunctive relief in accordance with this Act.

(b) Requirements for orders to comply. 

(1) An order issued under subsection (a)1 or (a)2 of this section shall state with 

reasonable specificity the nature of the violation, shall state that the alleged violator 

is entitled to a hearing pursuant to applicable laws and/or regulations of the Pawnee 

Nation if such hearing is requested in writing within 30 calendar days after the date 

of issuance of the order, and shall specify a time for compliance that the Director 

determines is as expeditious as practicable, taking into account the seriousness of 

the violation and any good faith efforts to comply with applicable requirements. 

(2) The order shall become effective immediately upon the expiration of the 30 

calendar days if no hearing is requested and, if a timely request for a hearing is 

made, upon the decision of the Director. 

(3) The order may be conditional and require a person to refrain from particular acts 

unless certain conditions are met. 

(4) A copy of the order may be sent to the USDA and, if the order is issued to a 

corporation, to the appropriate corporate officers and registered agent of the 

corporation. 

(5) No order to comply issued under this section shall prevent the Pawnee Nation from 

assessing any penalties or otherwise affect or limit the Pawnee Nation’s authority 

to enforce under other provisions of this Act, or affect any person’s obligations to 

comply with any section of this Act or with a term or condition of any permit or 

other requirements promulgated or approved under this Act.

(c) Emergency compliance orders. 

(1) Notwithstanding any permit issued under this Act, if the Director determines that 

discharge of, or exposure to a pollutant is presenting an imminent and substantial 

endangerment to public health or welfare or the environment and determines, in 

consultation with the Attorney General, that it is not practicable to assure prompt 

protection of public health or welfare or the environment by commencement of a 

civil action pursuant to subsection (e) of this section, the Director may issue such 

orders as may be necessary to protect public health or welfare or the environment. 

(2) Such orders may prohibit, restrict or condition any and all activities that contribute 

or may contribute to the emergency, shall be effective immediately upon issuance 

and shall remain in effect for a period of not more than 60 days, unless the Director 

brings an action pursuant to subsection (e) of this section within the 60-day period. 

If the Director brings such an action, the order shall remain in effect for an 

additional 14 days or for such longer period as may be authorized by the court in 

which such action is brought.
(d) Enforcement of compliance orders. Enforcement actions of the Director shall be enforced 

by the Pawnee Nation Department of Environmental Conservation and Safety (Rangers, 

Inspectors), Pawnee Nation Law Enforcement Officers, and/or the Pawnee Nation 

Prosecutors Office as authorized by regulations. Those authorized to enforce the Director’s 

actions may take reasonable steps to assure compliance, consistent with the requirements 

established by this Act (including rights of appeal), including but not limited to:

(1) Entering upon any property or establishment believed to be violating the order and 

demanding compliance; and

(2) Terminating operations not in compliance.

(e) Injunctive relief. The Director may seek injunctive relief pursuant to this Act to restrain 

any person who causes or contributes to an imminent and substantial threat to the public 

health or welfare or environment due to any activity affecting the natural resources of 

Pawnee Nation.

Section 013. Administrative Assessment of Penalties

(a) Basis for penalty. 

(1) The Director may issue against any person an administrative order assessing a civil 

administrative penalty of up to Ten Thousand Dollars ($10,000) per day per 

violation whenever the Director finds that a person has violated, or is in violation 

of, any provision, requirement or prohibition of any regulation authorized by this 

Act. The Director’s authority under this subsection, combined with actions under 

subsection (c), shall be limited to matters where the total penalty sought does not 

exceed One Hundred Thousand Dollars ($100,000) and the first alleged date of 

violation occurred no more than one year prior to the initiation of administrative 

action, except where the Director and Attorney General jointly determine that a 

matter involving a larger penalty or longer period of violation is appropriate for 

administrative penalty action. 

(2) The communications required to make such a joint determination and the method(s) 

utilized for making such a joint determination shall be privileged, and shall not be 

subject to judicial review. The Director may compromise, modify or remit, with or 

without any conditions, any administrative penalty imposed under this section. 

(b) Hearing requirement. Any person assessed an administrative penalty under this section 

may request a hearing, pursuant to the Administrative Procedures Act. 

(c) Field citations. The Director may implement a field citation program for minor violations 

for which field citations (assessing civil penalties not to exceed One Thousand Dollars 

($1,000) per day per violation may be issued by officers or employees designated by the 

Director, for any violation for which an administrative order could be issued to the extent 

permissible under applicable law. Any person on whom a field citation is assessed may, 

pursuant to regulations issued under this section, elect to pay the penalty or request a 

hearing on the citation. If a timely request for a hearing is not made, the penalty shall be 

final and the opportunity for judicial review shall be waived. Any hearing shall provide a 

reasonable opportunity to be heard and to present evidence. Payment of a penalty required 
by a field citation shall not be a defense to further enforcement by the Director to correct a 

violation or to assess the statutory maximum penalty pursuant to other authorities in this 

Act, except as to the days of violation for which the penalty required by a field citation is 

paid.

(d) Judicial review. Any person subject to a civil penalty under subsections (a) or (c) of this 

section may seek review of such penalty assessment in the Pawnee Nation District Court 

pursuant to the Administrative Procedures Act.

(e) Failure to pay penalty. If any person fails to comply with an administrative penalty order 

after the order or assessment has become final, the Director shall request the Attorney 

General to bring a civil action in the Pawnee Nation District Court to enforce the order or 

recover the amount ordered or assessed plus interest, from the date of the final order or 

decision or the date of the final judgment, as the case may be. In such an action the validity, 

amount and appropriateness of the order or assessment shall not be subject to review. Any 

person who fails to pay on a timely basis a civil penalty ordered or assessed under this 

section shall be required to pay, in addition to such penalty and interest, the Director’s 

enforcement expenses, including but not limited to attorneys’ fees and costs of collection 

proceedings. Such person shall also pay a quarterly nonpayment penalty for each quarter 

during which such failure to pay persists. The nonpayment penalty shall be no less than 10 

percent of the aggregate amount of the person’s outstanding penalties and nonpayment 

penalties accrued as of the beginning of the quarter; the Director may, by regulation, 

establish higher penalties to take into account situations where the prime rate is higher.

(f) Calculation of penalty. In determining the amount of any penalty to be assessed under this 

section, the Director or the court, as appropriate, shall take into consideration the factors

enumerated in Section 014(d) of this Act.

Section 014. Penalties

(a) Criminal penalties. 

(1) Any person who:

(i) Violates any provision, requirement or prohibition of this Act, including 

but not limited to a regulation or plan adopted pursuant to this Act or a 

permit or an order issued pursuant to this Act; or

(ii) Makes any false material statement, representation or certification in, or 

omits material from, or alters, conceals or fails to file or maintain any 

notice, application, record, report, plan or other document required to 

be filed or maintained pursuant to this Act, regulations or plans adopted 

pursuant to this Act or a permit or an order issued pursuant to this Act; 

or

(iii) Falsifies, tampers with, renders inaccurate or fails to install any 

monitoring device or method required to be maintained or followed 

under this Act, regulations or plans adopted pursuant to this Act or a 

permit or an order issued pursuant to this Act; shall, upon conviction,
(2) Be punished by a fine of not less than Five Hundred Dollars ($500) per violation, 

or banishment, or both, or be subject to any other penalty imposed by the court that 

is available under Pawnee Nation law. 

(3) The minimum fine amount for violation of this code is Five Hundred Dollars ($500) 

per violation unless otherwise specified. Each day a violation occurs is a separate 

violation. 

(4) In any instance where the Nation lacks criminal jurisdiction over the person 

charged, or where the Director is limited in the amount of the fine that he may 

impose, the Director may refer the action for civil penalties and/or to the 

appropriate Tribal, State, or Federal authority pursuant to this Act. For the purpose 

of this subsection, the term “person” includes any responsible corporate officer.

(b) Civil penalties. The Attorney General may file an action for a temporary restraining order, 

a preliminary injunction, a permanent injunction or any other relief provided by law, 

including the assessment and recovery of civil penalties of not less than Five Hundred 

Dollars ($500) per day per violation, or be banished from the Pawnee Nation for a term 

established by the courts, or both in any of the following instances:

(1) Whenever a person has violated, or is in violation of, any provision, requirement or 

prohibition of this Act, including, but not limited to, a regulation or plan adopted 

pursuant to this Act, a permit or an order issued pursuant to this Act or a fee assessed 

under this Act;

(2) Whenever a person has violated, or is in violation of, any duty to allow or carry out 

inspection, entry or monitoring activities; or 

(3) Whenever a person is creating an imminent and substantial endangerment to the 

public health or the environment, in which case the Director shall request the 

Attorney General to pursue injunctive relief but not the assessment of civil 

penalties, unless the endangerment is caused by a violation, as specified in 

paragraphs 1 and 2.

(c) Jurisdiction and venue. Any action under this section shall be brought in the Pawnee Nation 

District Court in Pawnee, Oklahoma, and such court shall have jurisdiction to restrain such 

violation, require compliance, assess civil and criminal penalties up to the amounts 

provided in this section, collect any fees or noncompliance penalties owed the Nation under 

this Act, seize equipment, and award any other appropriate relief.

(d) Calculation of penalties 

(1) For purposes of determining the number of days of violation for which a penalty 

may be assessed under this Act, if the Pawnee Nation has notified the source in 

writing of the violation and the plaintiff makes a prima facie showing that the 

conduct or events giving rise to the violation are likely to have continued or 

recurred past the date of notice, the days of violation shall be presumed to include 

the date of such notice and each day thereafter until the violator establishes that 

continuous compliance has been achieved, except to the extent that the violator 

can prove by a preponderance of the evidence that there were intervening days 

during which no violation occurred or that the violation was not continuing in 

nature. Notice under this section shall be accomplished by the issuance of a written 

notice of violation or written order to comply or by filing a complaint in the 

Pawnee Nation District Court that alleges any violation described in subsection (a) 

of this section.
(2) In determining the amount of a penalty assessed under this Act, in addition to the 

statutory amounts of penalties and fines provided, the court shall consider the 

history, seriousness and duration of the violation; any good faith efforts to comply 

with the applicable requirements; the violator’s full compliance history, including 

the severity and duration of past violations, if any; the economic impact of the 

penalty on the violator; as an aggravating factor only, the economic benefit, if any, 

resulting from the violation; and any other factors that the court deems relevant. 

(3) In lieu of or in addition to a monetary penalty, the Pawnee Nation may impose or 

may request the Prosecutor or Attorney General to seek from the court a 

requirement to remediate the damage caused or to perform community service, or 

both.

(e) Failure to pay civil penalty. 

(1) If any person fails to pay an assessment of a civil penalty, the Pawnee Nation shall 

request the Attorney General to bring a civil action in the Pawnee Nation District 

Court to enforce the order or recover the amount ordered or assessed plus interest, 

from the date of the final order or decision or the date of the final judgment, as the 

case may be. In such an action the validity, amount and appropriateness of the 

order or assessment shall not be subject to review. 

(2) Any person who fails to pay on a timely basis a civil penalty ordered or assessed 

under this section shall be required to pay, in addition to such penalty and interest, 

the Director’s enforcement expenses, including but not limited to attorneys’ fees 

and costs of collection proceedings. 

(3) Such person shall also pay a quarterly nonpayment penalty for each quarter during 

which such failure to pay persists. The nonpayment penalty shall be no less than 

ten percent of the aggregate amount of the person’s outstanding penalties and 

nonpayment penalties accrued as of the beginning of the quarter; the Director may 

by regulation establish higher penalties to take into account situations where the 

prime rate is higher.

Section 015. Inspection of Facilities and Records

(a) Enforcement officers of the Pawnee Nation and/or any duly authorized representative of 

the Pawnee Nation, upon presenting their Identification or Credentials, shall have the 

power to enter at any time upon any private or public property, within the jurisdiction of 

the Pawnee Nation, for the purpose of monitoring, sampling, inspecting, and investigating 

conditions relating to the condition and/or damage to natural resources, or the possible 

pollution, waste, or impairment of any other natural resource of the Pawnee Nation, or the 

environment or relating to any other environmental or permitting responsibility authorized 

by law. 

(b) The Pawnee Nation may require the establishment and maintenance of records and reports 

relating to any activity regulated by them. Copies of such records shall be submitted to 

the Pawnee Nation, as relevant, upon request. Any authorized representative of the 

Pawnee Nation shall be allowed access and may examine such reports or records. 

(c) The Pawnee Nation may apply to and obtain from a judge of the District Court of the 

Pawnee Nation, or appropriate court, an order authorizing a warrant to enforce access to 
premises for sampling, investigation, inquiry and inspection under the provisions of this 

Act and regulations promulgated hereunder. Failure to obey an administrative warrant of 

the district court may be punished by the district court as a contempt of court.

(d) The Pawnee Nation shall provide and maintain its lock and key to secure and control 

access to properties and facilities subject to inspections under this Act.

Section 016. Culpability

Any person(s) who is willfully and, knowingly or unknowingly in violation of this Act shall be 

held responsible and liable for their actions whether with or without knowledge of this Act, its 

prohibitions, and/or the jurisdiction or ownership of land, air, or water resources potentially and/or 

directly impacted as a result of their violation. The Pawnee Nation, its staff, and/or designated 

agents shall not be held liable for loss of property, time and/or revenues (earned or lost, actual or 

estimated), damages, or claims incurred while operating under the authority of this Act.

Section 017. Appeals

Any party aggrieved by a final order, including the Pawnee Nation, may, pursuant to the Pawnee 

Nation of Oklahoma Law and Order Code and Pawnee Nation Administrative Procedures Act as 

appropriate, petition for a judicial review thereof, in the District Court of the Pawnee Nation.

Section 018. Seizure of Property

(a) Grounds for Seizure. Any property or interest therein in actual or constructive possession of a person 

that has violated or is violating any provision of this Act or of any license issued under the authority 

of this Act and used in connection with that violation may be seized and held to secure payment of 

a civil penalty or to be forfeited. Seizure under this Section shall not require proof that the owner of 

the property or the interest therein participated in, had knowledge of, or consented to the illegal use 

of the property.

(b) Persons Authorized to Seize Property. Property subject to seizure under this Section may be seized 

by any law enforcement officer or ranger of the Nation upon issuance of a notice of noncompliance 

by the Pawnee Nation.

(c) Custody of Seized Properly. Property seized under this Section shall be held in the custody of the 

Pawnee Nation, subject only to the orders of the Nation's Court, including without limitation orders

for sale of the property at public auction to collect any civil penalty assessed under this Chapter and 

orders issued in a forfeiture proceeding.

(d) Release of Property. Unless a forfeiture proceeding concerning property seized under this 

Section is initiated, such property shall be released to its owner upon the earliest of the 

following:

(1) Thirty (30) days after seizure of the property;

(2) Payment of the civil penalty for which the property was seized as security; or
(3) Upon a finding by the Pawnee Nation's Court that such civil penalty is not proper.

(e) Civil Forfeiture Proceedings.

(1) Within thirty (30) days after seizing property pursuant to this Section, the Pawnee Nation may 

initiate an in rem judicial forfeiture proceeding against the seized property. The forfeiture 

complaint shall describe with reasonable specificity the property at issue and the basis for 

forfeiture.

(2) The Pawnee Nation's Court shall give written notice of forfeiture proceedings to all known or 

reasonably ascertained persons with an interest in the seized property, including any lien 

interest. All such persons shall answer the complaint and file any adverse claim to the property 

within thirty (30) days after notice is given.

(3) Upon notice to all interested persons, the Court shall conduct a hearing to adjudicate whether the 

property and/or any known interests therein have been forfeited to the Nation and shall enter an 

appropriate judgment. The Court may deny forfeiture of an interest in property if the 

owner of the interest proves that he or she did not participate in, have knowledge of, or 

consent to the illegal use of the property; or that he or she took all reasonable measures to 

prevent the illegal use of the property; or that the person committing the violation obtained 

possession of the property without his or her consent.

(4) Property forfeited to the Nation and proceeds from the sale thereof shall be retained by the 

Nation and used to equip and finance enforcement activities under this Chapter.
1

Pawnee Nation Division of Natural Resources and Safety 

Division of Natural Resources and Safety 

Standard Operating Guidance for Hemp Production

Chapter 1. Sampling and Testing Protocol Industrial Hemp Pre-Harvest Testing

I. Purpose 

The purpose of this Standard Operating Guidance (SOG) is to establish a standardized 

process for pre-harvest sampling and testing of industrial hemp as well as the processes 

for annual inspections and record collection including information submission to 

USDA. This SOG meets the requirement for pre-harvest THC sampling and testing as 

required by the Pawnee Nation Cannabis sativa L. Farming Regulations pursuant to 

the Pawnee Nation Law and Order Code Title XIV, Pawnee Nation Cannabis sativa 

L. (Hemp) Farming Act and 7 CFR part 990. The Division of Natural Resources and 

Safety (Division) shall provide the licensing, inspections, investigations, testing, and 

enforcement of the provisions of this SOG. Testing conducted by the Pawnee Nation 

must be conducted as described in this Protocol. 

II. Sampling 

A. General Sampling Requirements

1. Within 15 days prior to harvest date anticipated sampling may only be performed 

by USDA registered sampling agents of the Pawnee Nation Division of Natural 

Resources and Safety. [hereinafter, Division]. 

2. The producer, grower or authorized representative must be present during all 

sampling events.

3. A producer must not harvest any cannabis prior to samples being taken. 

4. The Division must complete the Hemp On-Site Sampling Form. 

5. Prior to beginning the sampling procedure, the Division shall survey the site to 

identify the conditions to determine the appropriate sampling procedure as 

described in this Protocol. 

6. The Division and designated testing laboratory [hereinafter, laboratory] must 

follow chain of custody procedures consistent with the Pawnee Nation Standard 

Operating Guidance for Facility Inspections and be documented to record the 

collection, transport, and receipt of samples by the Division or laboratory. 

Laboratory must maintain records for each harvest lot as identified by harvest lot 

identifier. 

7. Sampling must produce a representative sample of the harvest lot. 

8. The Division and laboratory must avoid contamination of the non-sampled 

material with sample containers that are free of analytes of interest and appropriate 

for the analyses requested. 
2

9. The Division shall only sample plants with flowers when the purpose of a harvest 

lot is to produce flower. If no flowering plants are present, the Division shall 

reschedule the sampling for a later date when flowering plants are present. All 

hemp samples require collection from the flower material.

10. The Division must obtain a sufficient sample size to provide sufficient material to 

conduct all requested tests, any requested retest, and any quality control performed 

by the testing laboratory.

11. Only USDA registered sampling agents of the Division are permitted to collect, 

handle, or transport any sample at any time.

B. Survey and Sample Collection – Normal Field Conditions 

1. The sample pattern must ensure that all parts of the field are adequately and 

proportionately represented in the plants inspected and sampled. 

2. The sampler must use a sawtooth pattern when sampling the field. Two (2) sawtooth 

patterns are provided below. The approved sampler must choose one of 

the patterns most suitable for the field to be sampled. (Figure 1 and 2). The 

sampler must sample according to the pattern to the extent possible but may 

deviate from the pattern as necessary to account for particular field conditions and 

to ensure that all parts of the field are adequately and proportionately sampled to 

produce a representative sample. 

a. A sample shall be obtained from flowering tops when flowering tops are 

present, and shall be approximately 8 inches in length. Samplers should avoid 

sampling dead, diseased, or mechanically injured plants. 

b. A sample shall consist of no more than one sample per plant, randomly chosen 

from the harvest lot. Place each sample in a paper bag. 

c. Since they are a measure of the entire harvest lot, all samples from the harvest 

lot may be collected into a single bag. 

3. Each composite sample should consist of a maximum 30 plant heads of about 8inches. 

4. For small fields or when sampling from a known number of plants, the Hypergeometric 

Table below should be used. 

5. In no case shall the sample size be less than 4 ounces, which is the minimum

amount necessary for laboratory tests and file samples.
3

Number

of acres

Sample Number

of acres

Sample Number

of acres

Sample Number

of acres

Sample

Size "n" Size "n" Size "n" Size "n"

11 11 40 36 75-76 61 119-120 86

12 12 41-42 37 77 62 121-122 87

13 13 43 38 78-79 63 123-124 88

14 14 44 39 80-81 64 125-126 89

15 15 45-46 40 82 65 127-128 90

16 16 47 41 83-84 66 129-130 91

17 17 48 42 85-86 67 131-132 92

18-19 18 49-50 43 87 68 133-134 93

20 19 51 44 88-89 69 135-136 94

21 20 52 45 90-91 70 137-138 95

22 21 53-54 46 92 71 139-140 96

23 22 55 47 93-94 72 141-143 97

24 23 56 48 95-96 73 144-145 98

25-26 24 57-58 49 97-98 74 146-147 99

27 25 59 50 99 75 148-149 100

28 26 60-61 51 100-101 76 150152 101

29 27 62 52 102-103 77 153-154 102

30 28 63-64 53 104-105 78 155-156 103

31-32 29 65 54 106-107 79 157-157 104

33 30 66-67 55 108 80 159-161 105

34 31 68 56 109-110 81 162-163 106

35 32 69-70 57 111-112 82 164-166 107

36 33 71 58 113-114 83 167-168 108

37-38 34 72-73 59 115-116 84 169-170 109

39 35 74 60 117-118 85 171-173 110
4

Figure 1. This is a typical sawtooth survey pattern starting in the lower “left” corner of the field. The 

yellow dots indicate the approximate locations to collect samples.

Figure 2. This is another typical sawtooth survey pattern starting in the top “left” corner of the field. 

The yellow dots indicate the approximate locations to collect samples.

C. Greenhouses and small fields 

For greenhouses and small fields, fewer individual plants may be sampled as indicated in the 

below Hypergeometric Table. Note: A total composite sample must be at least four 

ounces.

Sampler shall employ one of the above sample patterns. 
5

Hypergeometric Table for Random Sampling 

Total number of plants: Randomly select this number of plants to 

sample: 

1-13 Sample all plants 

14-15 13 

16-17 14 

18-19 15 

20-22 16 

23-25 17 

26-28 18 

29-32 19 

33-38 20 

39-44 21 

45-53 22 

54-65 23 

66-82 24 

83-108 25 

109-157 26 

158-271 27 

272-885 28 

886-200,000 29 

D. Preparation of the Composite Sample 

1. The sampler shall close the paper bag for collection and seal in a manner to show 

evidence of tampering. On the sample bag, record Field Name, date and time of 

sampling, sampler’s signature, registered business or grower name. 

2. The Division must have detailed procedures on maintaining custody and sample 

integrity during transport. These procedures should take into consideration 

controlling temperature and other environmental factors. 

3. Composite samples must always be identified by labeling or marking the sample 

container to associate them with the harvest lot from which they originated. 

4. When using a third party The Division must submit the composite sample to the 

testing laboratory in its entirety. 

5. The Division shall submit a copy of all of the following forms with the samples 

when submitting for testing: 

a. Chain of Custody form; 

b. Hemp On-Site Sampling Form- Completed by Division 

E. Equipment and Supplies 

1. Forms (including extra sample request forms) 

2. Paper bags for samples; 
6

3. Permanent pens for marking on paper sample bags; 

4. Pruning shears for collecting foliar samples; 

5. Single-use Coveralls; 

6. Gloves, disposable; 

7. Boots or booties (waterproof recommended); 

8. Rain gear (recommended); 

9. Boxes for storing sample equipment and samples; 

10. Bleach, 10% solution or other acceptable surface disinfectant for cleaning tools or 

boots between fields; 

11. Clipboard; 

12. Clicker to count the number of samples collected (optional). 

F. Sanitation 

1. Park vehicle on pavement or on designated roads within the field. 

2. Clean collection tools with an appropriate disinfectant after finishing all sample 

collections within the field. 

3. Dispose of coveralls and gloves in an appropriate receptacle before leaving the field 

or in a designated receptacle in the vehicle. Ensure that coveralls are appropriately 

cleaned prior to next use. 

4. Field sampling equipment must be certified clean prior to use by the Division. 

III. Pre-Harvest Testing 

A. Testing Requirements 

1. Testing may only be performed by a DEA registered laboratory(s) approved by the 

Pawnee Nation pursuant to Section 311 (Inspection and Testing) of the Pawnee Nation 

Cannabis sativa L. Farming Regulations to sample and test for tetrahydrocannabinol 

(THC) content (hereinafter, Laboratory). 

2. All testing must be performed by personnel employed by a DEA registered Laboratory 

and in accordance with Pawnee Nation Cannabis sativa L. Farming Regulations and this 

Protocol. 

3. The Laboratory must follow chain of custody procedures consistent with requirements 

of the Pawnee Nation Standard Operating Guidance for Facility Inspections and be 

documented to record the collection, transport, and receipt of samples by the 

Laboratory. 

4. Samples from one harvest lot shall not be commingled with hemp plant material from 

other harvest lots.

5. Testing and reporting of CBD values under this protocol are not required. . 

6. Testing methods must include but not limited to: post decarboxylation or other 

similarly reliable method (if similarly, reliable, verify with AMS S&T), consideration 

of potential conversion of delta-9 THCA into THC and test result measure total 

available THC (THC+THCA), Gas or liquid chromatography with detection, and 

procedures to determine total THC concentration on a dry weight basis.
7

7. The total available THC, derived from the sum of the THC and THCA content, 

shall be determined and reported on a dry weight basis. Alternative testing protocols 

will be considered if they are comparable to the baseline mandated by the 2018 Farm 

Bill and established under the USDA plan and procedures. Alternative sampling and 

testing procedures must be requested in writing and approved in writing by USDA. 

Laboratories shall use appropriate, validated methods and procedures for all testing 

activities and evaluate measurement of uncertainty. Laboratories shall meet the 

AOAC International standard method performance requirements (SMPR) for 

selecting an appropriate method. The range of estimated uncertainty is reported as a 

± value and is the same unit as the hemp THC threshold (0.3% THC), following best 

practices for significant figures and rounding. 

There are resources available for defining, guiding, and calculating measurement 

uncertainty. They include the GUM, ISO, and Eurachem. It is necessary for the 

laboratory to determine the uncertainty of accuracy (ubias), repeatability (ur), and 

reproducibility (uR) for each validated method. Once the expanded measurement 

uncertainty (U) is determined, then the confidence interval can be calculated around 

a designated threshold such as the hemp THC threshold (0.3% THC). 

Based on the aforementioned resources, the following equation is recommended: 

Equation: 

UUUU = kkkk × uuuucccc

uuuucccc = uuuurrrr2 + uuuuRRRR2 + uuuubbbbbbbbbbbbbbbb2

And: 

u = standard uncertainty 

(standard deviation) ur = 

uncertainty due to repeatability 

uR = uncertainty due to 

reproducibility ubias = 

uncertainty due to accuracy 

(bias) 

uc = combined standard uncertainty uuuu

U = Expanded uncertainty = MMMMMMMM MMMM ∗kkkk95% cccccccc cccc cccc cccc

llll llll llll, k = 2 

k = coverage factor, use 2 for a 95% confidence level 

References:

ISO 17025. General requirements for the complete testing and calibration 

laboratories. 
8

Food and Drug Administration, Office of Regulatory Affairs, ORA Laboratory 

Manual Volume III Section 4, Basic Statistics and Data Presentation (current 

version). 

AOAC Standard Method Performance Requirements (draft) AOAC SMPR 

2019.XXX; Title: 

8. The Laboratory must perform testing under their Quality Management system. 

9. The Laboratory must perform testing in a manner that avoids contamination of the 

non-sampled material with sample containers that are free of analytes of interest and 

appropriate for the analyses requested. 

10. The Laboratory must determine the percentage of THC in the sample on a dry weight 

basis. 

B. Initiating a Testing Request 

1. The Laboratory must receive a complete Industrial Hemp Sampling and Testing 

Request Form prior to testing. The Laboratory must receive a new and separate 

“Harvest Lot Sampling Request Description” for each Harvest Lot to be tested. 

2. The Laboratory must receive a complete Industrial Hemp On-Site Sampling Form 

prior to testing. The Laboratory must receive a new and separate “Harvest Lot On-Site 

Sampling Description” for each Harvest Lot to be tested. 

3. A “Harvest Lot” means: 

a. Means a quantity of industrial hemp harvested in a distinct timeframe that is: 

i. Grown in one contiguous field or growing area; or 

ii. Grown in a portion or portions of one contiguous field or one growing area. 

b. Does not include a quantity of industrial hemp comprised of industrial hemp grown 

in noncontiguous fields or noncontiguous growing areas.1

C. Sample Preparation Requirements 

1. The Laboratory shall dry all of the leaf and flower of the sample (not obvious stem 

and seeds) until brittle in a manner that does not exceed 70°C and maintains the THC 

level of sample (at temperatures greater than 70°C, decarboxylation of THCA to THC 

occurs). 

2. After drying, the Laboratory shall pulverize and sieve the sample using mesh size 1 

mm as described in United Nations Office on Drugs and Crime: Recommended 

Methods for the Identification and Analysis of Cannabis and Cannabis Products. 

ISBN 978-92-1-148242-3. The Laboratory shall blend and homogenize the sieved 

material. 

3. The Laboratory shall determine the dry weight of the sieved material. 

4. The Laboratory shall divide the sieved, blended and homogenized sample into two 

portions: the test portion and the retained file sample. The Laboratory shall store the 

retained file sample in a freezer until needed. The retained file sample must be of 

sufficient material to conduct any requested retest and any quality control performed 

by the testing Laboratory. 
9

D. Retesting Requirements 

1. The Laboratory shall retest a Harvest Lot upon receipt of a completed Request for 

Retest from a grower. Retest” or “Retesting” means the laboratory process of retesting 

a retained file sample for THC content after the sample failed initial testing for THC 

content. A retest does not include or permit taking a new sample from the harvest lot. 

2. The Laboratory shall forward the retained file sample to another Laboratory or to the 

Division upon receipt of a completed Request for Retest from the grower requesting 

that the sample be forwarded. The Laboratory shall: 

a. Use packaging appropriate for secure transport. 

b. Protect the sample from moisture and temperature extremes. 

c. Include all documentation with the sample. 

d. Forward the sample by the most expedient, secure, and legal means to ensure that 

the sample continues to be representative of the harvest lot sampled and the chain 

of custody is accounted for to protect its integrity.

E. Reporting and Recordkeeping Requirements 

1. All documentation of sampling and testing must be retained by the Laboratory for at 

least three years and be provided to the Division upon request. 

2. The Laboratory shall make Standard Operating Procedure (SOPs) readily accessible to 

all pertinent personnel and provided to the Pawnee Nation upon request. 

3. All documents shall be controlled and retained in accordance with the Pawnee Nation 

Cannabis sativa L. Farming Regulations.

4. When testing or forwarding the sample, the Laboratory must create and use a Chain of 

Custody form with the information set out below. If any of the above information 

requested is unavailable, indicate “N/A” in the appropriate space. All testing report 

forms must be signed by the analyst. 

a. Laboratory name 

b. Analyst’s name 

c. Lab License Number 

d. Field ID/Name and Harvest Lot Designation 

e. Testing Date/Time 

f. Mass and Location of increment samples 

g. Final Mass of composite sample 

h. Custody transfer signatures 

i. Custody Transfer Dates/Times 

5. The Laboratory shall determine the estimated measurement uncertainty (EMU) of the 

test for THC concentration of industrial hemp and report to the Division per 7 CFR 

Part 990.3(a)(3)(iii)(F). 

6. The Laboratory shall provide to Division upon request analytical data and any records 

associated with test results reported, including SOPs, chain of custody forms, quality 

checks, EMU determination, etc. 

7. The Laboratory shall report percentage of THC in the sample on a dry weight basis to 

exactly two significant figures. 
10

8. The Laboratory shall report all test results electronically to the Division at 

dnrs@pawneenation.org using the forms provided by the Division, and include for each 

sample tested: 

a. Grower’s name and registration number; 

b. Sample date; 

c. Sample size by weight; 

d. Testing date; 

e. Total tetrahydrocannabinol percentage to exactly two significant figures; 

f. The Laboratory’s uncertainty level for tetrahydrocannabinol testing of 

industrial hemp; 

g. Clear identification of the harvest lot that corresponds to the sample and the 

location of the corresponding harvest lot; 

h. Copy of grower’s sampling request form required in subsection and 

i. Copy of the completed sampling form required in subsection 

9. The Laboratory shall send any failed test report electronically to the Division at 

dnrs@pawneenation.org using the forms provided by the Division within 24 hours of 

the failed test. 

10. The Laboratory shall send completed copies of the Sampling and Request Form and 

the On-Site Sampling Form corresponding to the Harvest Lot with each test report

References 

USDA APHIS National Seed Health Service. 2001. Reference manual B: Seed health 

testing and phytosanitary field inspection methods manual. Version dated 2/27/2001, 

USDA APHIS NSHS, Beltsville, MD, 56 pp. 

http://www.aphis.usda.gov/import_export/plants/plant_exports/national_seed_health_syst 

em.sht ml 
11

Pawnee Nation Division of Natural Resources and Safety 

Division of Natural Resources and Safety 

Standard Operating Guidance

Chapter 2. Annual Inspection and Record Collection Procedure.

A. Annual Inspections will be conducted on a random sample of licensed producers. The 

Inspections will ensure accuracy of information submitted on applications and plans by 

producers, and ensure compliance with the Cannabis sativa L. Farming Regulations.

1. Pre-inspection planning

a. File review

Utilizing available information from Pawnee Nation Department of 

Environmental Conservation and Safety (DECS) facility and producer file 

information, Pawnee Nation Code Enforcement Database (LEADatabase), DECS 

databases and/or any mapping information that is readily available to the public, 

inspectors shall: 

b. Review Code Enforcement Database (CED) for that facility 
12

B. Set Inspection Date 

1. Contact producer/grower one (1) to three (3) working days prior to the inspection 

2. Request that the owner/manager have facility records available for inspection 

3. State purpose and time needed for the inspection 

4. Record contact information (date, time, person contacted) 

5. Enter inspection date and time on inspector's Outlook calendar 

6. Ask if there are any facility safety/security 

C. Inspection Procedures 

1. Materials/supplies needed 

a. Files 

b. Site map/aerial and engineering drawing/plans if available 

c. Pre-inspection notes 

d. Sample paper bags, bottles/cooler with ice packs, in-situ monitoring 

meters, test kits (oxygen, pH, ammonia), evidence bags, etc. 

e. Notebook, camera, GPS device, copy of IAC rules, pens/pencils, 

boots/plastic booties 

2. Facility Drive-by 

a. Document (observations, photographs, etc.) site topography, drainage, 

neighboring property, and/or any special areas of interest identified during preinspection planning 

b. Locate/identify closest water of the U.S. in drainage area of potential 

runoff 

c. Document any potential points of discharge 

3. Pre-inspection meeting 

a. Present credentials (Badge, Pawnee Nation issued Employee ID) 

b. Introductions of all persons present during the inspection (include in record) 

c. State purpose/scope of the inspection (facility record review, tour of facility, etc.) 

d. Ask about facility operations and specific media associated with the inspection

e. Make sure site address and contact information (mailing address, phone numbers) 

are correct (include in record) 

f. If operator is not present, post warrant (if applicable) at the entrance (gate) of 

facility
13

D. Facility Inspection

1. Tour of facility including all aspects of the regulated processes and operations.

2. Review all records requested. Verify information provided on application is accurate. 

3. During record review, ensure all reports to the Pawnee Nation and USDA have been 

submitted timely.

4. Plot field/lot(s) with gps to verify size and location is as reported. 

5. Determine if runoff from field or other areas are contained. 

6. View areas downhill of field to ascertain if there are any discharges to the surface of 

the ground, wells, sinkholes, tile line intakes, or waters of the U.S. 

7. Review all solid waste disposal/clean up practices and all available records. 

8. Observe any on-site or off-site storage of pesticides, herbicides, fertilizer, and 

solid/hazardous waste to determine if runoff discharges to a water of the U.S. 

9. Record and document by photographs conditions at the field/facility. 
14

E. Exit Interview 

1. Review preliminary findings of inspection and provide a copy of inspection notes 

2. Cover any violations or potential violations discovered during inspection or preinspection 

3. Ask for any additional information not available but related to and needed for the 

inspection 

4. Go over any requirements and recommendations based on the inspection 

5. Explain the timeline for receiving a written report and copies of any samples 

taken 

6. Ask owner/operator/manager if they have any questions 

F. Samples and other inspection information 

1. Fill out Chain of Custody (COC) form 

2. Mail or hand deliver samples taken (if any) 

3. Print and label all photos that were taken 

4. Update into CED. Compare findings to past inspections 

5. Note and update facility name, addresses, contact information, etc., in CED 

database 

G. Evidence

1. Photo document all evidence prior to collection

2. Collect evidence 

3. Fill out COC

4. Label, tag, and bag each item collected

5. Process and store evidence

H. Post-Inspection 

1. Written Report 

Complete inspection report within two weeks of inspection or receipt of sample results 

using standard DECS Report or as designated for the media 

a. Fill out producer description on the report including producer ID number, 

name and address of the facility, person interviewed, inspection date and time, 

size and type of facility 

b. Fill out inspection information section on the report including inspection 

date, purpose of inspection, persons interviewed.

c. Fill out compliance summary section. Provide description and 

documentation to support conclusions 
15

d. General Site/Facility Description should include a brief description of site 

or facility. Also include field size and location for each field inspected, storage 

and processing capacities, and legal description 

e. Summary should include major points outlined from the pre-inspection, 

inspection, record review and exit interview 

f. Facility Evaluation should include comments about other supportive 

portions of the facility 

g. Requirements and Recommendations -Requirements are items that are 

violations or potential violations or areas of non-compliance. These may be 

violations of the Pawnee Nation Laws and/or Regulation or Federal Permit 

requirements. Each violation must be noted by the appropriate Tribal and/or 

federal citation. Requirements would normally include specific timeframes for 

correction of violations. Recommendations are suggested items noted or observed 

that are not necessarily violations but may be suggestions to improve recordkeeping and/or operational aspects to improve environmental performance of the 

facility 

h. Print and label all photos that were taken and note at appropriate location 

in the report 

I. Report Submittal to Facility 

1. Transmit letter DECS Inspection Report, including appropriate appendixes, photos, 

sample results and maps/diagrams 

2. Letter should be a standard letter, letter of non-compliance, NOV, or notice of referral, 

as appropriate. Letter should include citation for Federal rule violation 

3. If there is a referral based on the inspection, the violation(s) must meet the 

enforcement criteria identified in the Pawnee Nation Natural Resource Protection Act 

and approval from the Director. 

J. Office/Database Updates 

1. Update all information in CED database

2. Add inspection report and any updates to the file 

3. Mark Outlook calendar for any subsequent follow-up or due dates 
16

Pawnee Nation Division of Natural Resources and Safety 

Division of Natural Resources and Safety 

Standard Operating Guidance

Chapter 3. Collection and Reporting Information.

A. State and Tribal Hemp Producer Report.

1. Complete USDA form AMS-23, pages 1 through 4, listing all licensed producers, 

employees submitting for criminal history record for each producer, and document 

any changes to existing producer information. 

2. Ensure that the License number assigned to producers are in the following format: 

BIA Tribal Code (which is B07812) followed by a uniform numbering system such 

as: B07812-001, B07812-002, etc.

3. This report must be submitted to the USDA by the first business day of every 

month. 

B. State and Tribal Hemp Disposal Report.

1. Complete USDA form AMS-24, page 2, and submit to the USDA by the first 

business day of every month. 

2. If no new disposals are to be reported during the reporting cycle, ensure the check 

box is completed prior to submission.

C. State and Tribal Hemp Annual Report

1. Complete USDA form AMS-25 listing total planted acreage, total acreage 

disposed, and total harvested acreage. 

2. This report must be submitted by December 15th of each year. 
17

Pawnee Nation Division of Natural Resources and Safety 

Division of Natural Resources and Safety 

Standard Operating Guidance

Chapter 4. Enforcement Procedures.

A. Corrective Action for Negligent Violations.

1. The Inspector will issue a Notice of Violation for each finding of noncompliance to the 

producer on file following an inspection, sampling process or other discovery. 

Negligent violations of the Pawnee Nation Cannabis sativa L. regulations according to 

7 CFR part 990.6 (b) will be subject to the following requirements in a corrective action 

plan:

a. A reasonable date, generally two weeks, to correct the negligent violation.

b. The violator will report to the Pawnee Nation DECS at two weeks and then monthly 

on the steps taken and progress on the correction to the violation.

c. The Notice of Violation will state the producer that negligently violates the 

regulations will not as a result of the violation be subject to any criminal 

enforcement. 

d. A producer that violates the regulations or fails to follow the corrective action plan 

three times in a 5-year period will be ineligible to produce hemp for a period of 5 

years beginning on the date of the third violation.

e. The Pawnee Nation DECS will conduct an inspection following Chapter 2 of this 

SOG to determine if the corrective action plan has been implemented as submitted.

B. Culpable Violations.

1. If the Pawnee Nation DECS determines that a producer has violated the Act or 

Regulations with a culpable mental state the DECS will immediately report the 

producer to the US Attorney General, Tribal Attorney General, and Tribal Law 

Enforcement/Rangers.
18

Attachments
19

Pawnee Nation of Oklahoma

Department of Environmental Conservation and Safety

P. O. Box 470, Pawnee, OK 74058, Phone: 918.762.3655, Fax: 918.762.6446

HEMP LICENSE APPLICATION

For year ending December 31, 2019

Fingerprints of the applicant and all corporate officers must be submitted to the department by a law 

enforcement agency.

This Hemp License application, appropriate fees, required documents, and fingerprints must be received to be 

considered.

APPLICANT INFORMATION 

Business Name Business ID Number

Last Name First Name

Mailing Address

City State ZIP

Email Address Phone

SUBCONTRACTOR INFORMATION

Subcontractors Legal Name:

Subcontractors Alias or Trade name

Subcontractor Primary Business Address:

City State ZIP

Subcontractors Phone Number

Subcontractor Satellite Business Address

City State ZIP

Subcontractor Officials or Employees Responsible for Communication to the Pawnee Nation

Name Phone Email

Name Phone Email

Land Ownership or Lease Information (see instructions)

Attach a copy of the Pawnee Nation or Bureau of Indian Affairs approved agriculture lease. 

If the cultivation site is not wholly owned by the applicant provide; the name, address and contact 

information for all persons or entities having any ownership interest in the cultivation site(s).

Field and Building Information: Detailed aerial photos(e.g. Google Maps, Oklahoma Cadastral) 

showing each field location relevant to the nearest municipality and navigable roads must be submitted with 

the application. Attach maps or blueprints for buildings used for cultivation.

Field 1 Field 2

Township: Range: Sec: 1/4 Sec Township: Range: Sec: 1/4 Sec

Field Center Lat/Long: Field Center Lat/Long:

Allotment Name: Allotment Name: 

Allotment Number: Allotment Number:
20

Field Address: Field Address:

City: State: Zip: City: State: Zip: 

Variety of Industrial Hemp: Variety of Industrial Hemp:

Number of Individual Fields to Plant: Total Acres:

Building Site 1 Building Site 2

Physical Address: Physical Address:

Building Lat/Long: Building Lat/Long:

Panting and Harvesting:

Intended Planting Date(s):

Intended Harvesting Date(s):

Intended Use of Crops (Check all that apply):

 Food/Beverage Fiber/Textiles/Biofuel Cosmetics/Beauty/Health 

 Variety Trials/Research Seed Oil Cannabinoid Oils Other

Description of Other:

Storage and/or Processing Location: Attach maps or blueprints of the storage and/or processing 

area.

Physical Address:

City State Zip

Lat/Long:

Acknowledgement and Agreement

I certify that the information above is true and accurate to the best of my knowledge. I understand that in 

order to process my application and retain my license, I grant staff from the Pawnee Nation Department of 

Environmental Conservation and Safety access to all associated sites for inspection and testing purposes. 

Even though I may have been assisted in the preparation of the above application by the employees of the 

Pawnee Nation, all responsibility for the accuracy of the information rests with me. Any information 

supplied on this application is subject to public disclosure. Any information provided by the licensee may be 

released to the Pawnee Nation Division of Law Enforcement or to any law enforcement agencies without 

notice to the licensee or its subcontractors. The licensee and subcontractors shall submit all required reports 

by the specified dates in the Industrial Hemp Farming regulations. By signing below I submit to the 

jurisdiction and law and regulations of the Pawnee Nation of Oklahoma.

Name: Title:

Signature: Date:
21

PNDECS Use Only:

Date Application Received: Number of attachments:

Associated Fees Received: Reviewed By:

Approved: Denied:
22

Pawnee Nation of Oklahoma

Department of Environmental Conservation and Safety

P. O. Box 470, Pawnee, OK 74058, Phone: 918.762.3655, Fax: 918.762.6446

HEMP HARVEST REPORT For year ending December 31, 20__

LICENSEE INFORMATION 

Business Name Business ID Number

Last Name First Name

Mailing Address

City State ZIP

Email Address Phone

SUBCONTRACTOR INFORMATION

Subcontractors Legal Name:

Subcontractors Alias or Trade name

Subcontractor Primary Business Address:

City State ZIP

Subcontractors Phone Number

Subcontractor Satellite Business Address

City State ZIP

Subcontractor Officials or Employees Responsible for Communication to the Pawnee Nation

Name Phone Email

Name Phone Email

HARVEST INFORMATION: 

Field 1 Field 2

Township: Range: Sec: 1/4 Sec Township: Range: Sec: 1/4 Sec

Field Center Lat/Long: Field Center Lat/Long:

Allotment Name: Allotment Name: 

Allotment Number: Allotment Number:

Field Address: Field Address:

City: State: Zip: City: State: Zip: 

Variety of Industrial Hemp: Variety of Industrial Hemp:

Expected Harvest Date: Expected Harvest Date:

Expected Yield: Expected Yield Date:

Building Site 1 Building Site 2
23

Physical Address: Physical Address:

Building Lat/Long: Building Lat/Long:

Variety of Industrial Hemp: Variety of Industrial Hemp:

Expected Harvest Date: Expected Harvest Date:

Expected Yield: Expected Yield Date:

DESCRIPTION OF INTENDED USE AND DISPOSITION: 

Field 1:

Will the Whole Plant be Sold or Transferred: Price per Quantity:

Will the Plant Parts be sold or Transferred: Price per Quantity:

Description of Processing Techniques:

If sold, Name (person or Business):

Address City State Zip

Field 2:

Will the Whole Plant be Sold or Transferred: Price per Quantity:

Will the Plant Parts be sold or Transferred: Price per Quantity:

Description of Processing Techniques:

If sold, Name (person or Business):

Address City State Zip

Building Site 1:

Will the Whole Plant be Sold or Transferred: Price per Quantity:

Will the Plant Parts be sold or Transferred: Price per Quantity:

Description of Processing Techniques:

If sold, Name (person or Business):

Address City State Zip

Building Site 2:

Will the Whole Plant be Sold or Transferred: Price per Quantity:
24

Will the Plant Parts be sold or Transferred: Price per Quantity:

Description of Processing Techniques:

If sold, Name (person or Business):

Address City State Zip

Description of Fertilizers, Pesticides, or other Chemicals applied per Field/Building:

Description of Irrigation or Water Management per Field/Building:

Description of Tillage or Ground Preparation Practices per Field:

Description of Environmental Impacts and Viability of Each Variety:

ACKNOWLEDGMENT AND AGREEMENT:

Not less than thirty (30) days following havest, the licensee shall supplement the harvest report and declare 

the actual yield for each variety of hemp planted at each cultivation site and any material change to the 

information supplied in this harvest report.

Name: Title:

Signature: Date:
25

PNDECS Use Only:

Date Report Received: Number of attachments:

Reviewed By:

Approved: Denied:
26

States and Tribes must submit this form to the U.S. Department of Agriculture (USDA) by 

December 15th of each year. 

This report should be submitted to USDA using a digital format compatible with USDA’s 

information sharing systems, whenever possible. If this is not possible, please submit report to: 

By Mail: Or via Email at: Or via Fax at: 

USDA/AMS/Specialty Crops Program FarmBill.Hemp@usda.gov (202) 720-8938 

Hemp Branch 

470 L’Enfant Plaza S.W. Post 

Office Box 23192 

Washington, D.C. 20026 

State or Tribe Plan: ___________________ Date Submitted: ________________ 

Total Planted Acreage Total Acreage Disposed Total Harvested Acreage 

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information 

unless it displays a valid OMB control number. The valid OMB control number for this information collection is OMB 0581-NEW. The time required to complete 

this information collection is estimated to average 20 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering 

and maintaining the data needed, and completing and reviewing the collection of information. 

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and 

employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, 

gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance 

program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all 

programs). Remedies and complaint filing deadlines vary by program or incident. 

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, 

etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at 

(800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the 

USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a 

letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit 

your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, 

SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. 

UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

USDA DOMESTIC HEMP PRODUCTION PROGRAM 

STATE AND TRIBAL HEMP ANNUAL REPORT 
27

UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

USDA DOMESTIC HEMP PRODUCTION PROGRAM 

STATE AND TRIBAL HEMP DISPOSAL REPORT 

If a producer has produced cannabis that tested above the acceptable delta-9 

tetrahydrocannabinol (THC) level, the material must be disposed of in accordance with the 

Controlled Substances Act (CSA) and U.S. Drug Enforcement Administration (DEA) regulations 

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

Consequently, the material must be collected for destruction by a person authorized under the 

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

Federal, State, or local law enforcement officer. This form is used to document the disposal 

process. 

States and Tribes must submit this form and each corresponding disposition certificate to the 

U.S. Department of Agriculture (USDA) on the 1st day of each month. If this date falls on a 

holiday or weekend, the report is due the next business day. If no disposals occurred during the 

reporting cycle, check the box indicating there were no changes during the current reporting 

cycle. This report should be submitted to USDA using a digital format compatible with USDA’s 

information sharing systems, whenever possible. If this is not possible, please submit report to: 

By Mail: Or via Email at: Or via Fax at: 

USDA/AMS/Specialty Crops Program FarmBill.Hemp@usda.gov (202) 720-8938 

Hemp Branch 

470 L’Enfant Plaza S.W. Post 

Office Box 23192 

Washington, D.C. 20026 

 The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a) and the 

Paperwork Reduction Act of 1995. The authority for requesting this information to be supplied on this form 

is the 7 CFR Part 990 Domestic Hemp Program (Program). The purpose of collecting this information is for 

USDA to administer the Program and the information provided on this form will be used to monitor 

Program participants. Failure to provide the information requested on this form may result in ineligibility to 

participate in the Program.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information 

unless it displays a valid OMB control number. The valid OMB control number for this information collection is OMB 0581-NEW. The time required to complete 

this information collection is estimated to average 20 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering 

and maintaining the data needed, and completing and reviewing the collection of information.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and 

employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, 

gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance 

program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all 

programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, 

etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at 

(800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the 

USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a 

letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit 
28

your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, 

SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. 

AMS REPRODUCE LOCALLY. STATE AND TRIBAL HEMP DISPOSAL REPORT. 

 OMB No. 

0581-NEW 

Reporting Period: ______________ to ______________ 

State or Tribe Plan: ______________ Date Submitted: _________ 

List all licensees and locations where a disposal took place during this reporting cycle. 

Producer or 

Entity Name 

Producer/Entity 

Address 

License or 

Authorization 

identifier 

Lot # Location Type 

(Greenhouse, 

Indoor, Field)

Geospatial 

Location 

(or other valid land 

descriptor)

Total 

Acreage 

(Add additional pages if needed) 

OR 

No disposals during this reporting cycle □

AMS-24 (10/2019) 

Page 2 of 2

-24 (10/2019) Page 1 of 2
29

Reporting Period: _________________ to _________________ 

State or Tribe Name: ________________ Date Submitted: __________ 

The USDA Domestic Hemp Production Program requires states and tribes with approved plans to 

submit contact information and the status of the license for each producer under their plan. 

Instructions: 

This information must be submitted to the U.S. Department of Agriculture (USDA) on the 1st day 

of each month. If this date falls on a holiday or weekend, the reports are due the next business day. 

Each monthly report is for new producers and changes to existing producer information only. 

Producers: Report all required information for each producer licensed under the Plan. 

Changes to Producer Information: Report any changes to reported information for producers that 

were included in previous reports. These changes include but are not limited to; a change of 

license status, an address change, a change in the key participant of a business or an updated phone 

number. 

This report should be submitted to USDA using a digital format compatible with USDA’s 

information sharing systems, whenever possible. If this is not possible, please submit report to: 

By Mail: Or via Email at: Or via Fax at: 

USDA/AMS/Specialty Crops Program FarmBill.Hemp@usda.gov (202) 720-8938 

Hemp Branch 

470 L’Enfant Plaza S.W. 

Post Office Box 23192 

Washington, D.C. 20026 

The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a) and the 

Paperwork Reduction Act of 1995. The authority for requesting this information to be supplied on this form is 

the 7 CFR Part 990 Domestic Hemp Program (Program). The purpose of collecting this information is for 

USDA to administer the Program and the information provided on this form will be used to monitor Program 

participants. Failure to provide the information requested on this form may result in ineligibility to participate 

in the Program.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond 

to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information 

collection is OMB 0581-NEW. The time required to complete this information collection is estimated to average 20 minutes per 

UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

USDA DOMESTIC HEMP PRODUCTION PROGRAM 

STATE AND TRIBAL HEMP PRODUCER REPORT 
30

response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, 

and completing and reviewing the collection of information. 

AMS-23 (10/2019) Page 1 of 4
31

 OMB No. 0581-NEW 

List all producers and business entities in the space below: 

Individual or 

Entity Name 

Name of 

Producer(s)/Key 

Participant(s) 

License 

Identifier or 

other 

Authorization 

Identifier 

New Producer? 

(Yes, No)

Business Address 

of Producer(s) or 

Entity 

Telephone # Email 

Address (if 

available)

Status of License 

(active, revoked, 

suspended)
32

(Use additional pages if needed) 

AMS-23 (10/2019) Page 2 of 4
33

 OMB No. 0581-NEW 

Employees Submitting Criminal History Record Report by Entity: 

Individual or Entity Name Name of Employee Title of Employee Employee Email Address (if available) 

(Use additional pages if needed)
34

Document any changes to existing producer information in the space below: 

Individual or 

Entity Name 

Name of 

Licensee(s) 

License 

Identifier or 

other 

Authorization 

Identifier 

Business Address 

of Producer(s) 

Telephone # Email Address 

(if available) 

Status of License 

(active, revoked, 

suspended)

Current 

Information 

New 

Information 

Current 

Information 

New 

Information 

Current 

Information 

New 

Information 

Current 

Information 

New 

Information 

(Use additional pages if needed)

AMS-23 (10/2019) Page 3 of 4
CHAPTER 3. PAWNEE NATION CANNABIS SATIVA L. (Hemp) 

FARMING REGULATIONS

Approved March 28, 2019 by Resolution #19-26
Pawnee Nation Cannabis Sativa L (Hemp) Farming Regulations

Issue Date: March 28, 2019 Supersedes: New Page 1 of 15

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THIS

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SECTIONS

Section

301 – Purpose

302 – Definitions

303 – Authorization

304 – Application

305 – Grounds for denial of application

306 – License

307 – Continuing obligation to provide information

308 – Fees

309 – Harvest reports

310 – Records

311 – Inspection and Testing

312 – Violations

313 – Destruction

314 – Enforcement

315 - Corrective Actions
Pawnee Nation Cannabis Sativa L (Hemp) Farming Regulations

Issue Date: March 28, 2019 Supersedes: New Page 2 of 15

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THIS

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CHAPTER 3. Pawnee Nation Cannabis sativa L. Farming Regulations

Section 301. Purpose

This chapter establishes the requirements for licensing, cultivation, and processing of 

Cannabis sativa L containing no more than three-tenths of one percent (0.3%) delta-9 

tetrahydrocannabinol (THC) concentration on a dry weight basis; commonly referred to as 

hemp. This chapter implements the Pawnee Nation Cannabis sativa L. (Hemp) Farming 

Act pursuant to the Pawnee Nation Law and Order Code Title XIV, et seq. The Department 

of Environmental Conservation and Safety shall provide the licensing, inspections, 

investigations, testing, and enforcement of the provisions of this chapter. Other authorized 

agencies charged with enforcement of the Provisions of this chapter includes the Pawnee 

Nation Division of Law Enforcement and any law enforcement agencies within lawful 

jurisdiction.

Section 302. Definitions

1. "Building" means any single standing structure with walls and a roof but shall not 

include separate structures connected by corridors or breezeways.

2. "Contiguous field" means any contiguous tract of land used for the cultivation of 

hemp and may include contiguous tracts of land occasionally intersected by roads, 

streams, or other natural features but shall not include a tract or tracts of land intersected 

by property owned by a third party or gaps in the cultivation of hemp exceeding one 

quarter of a mile.

3. "Cultivation" means the act of planting, growing, or harvesting hemp and any related 

agricultural activities.

4. "Cultivation site" means the contiguous field, building, storage area, or processing 

area in which one or more varieties of hemp may be lawfully cultivated, stored, or 

processed.

5. "Department" means the Pawnee Nation Department of Environmental Conservation 

and Safety, its employees, and officers.

6. "Growing Area" means the portion of a contiguous field or building in which a single 

variety of hemp is planted, grown, and harvested.

7. "Handling" means possessing or storing hemp plants for any period of time on 

premises owned, operated, or controlled by a person licensed to cultivate or process 
Pawnee Nation Cannabis Sativa L (Hemp) Farming Regulations

Issue Date: March 28, 2019 Supersedes: New Page 3 of 15

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hemp. “Handling” also includes possessing or storing hemp plants 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. “Handling” does not mean possessing or storing finished hemp products.

8. “Harvest Lot” means a quantity of hemp harvested in a distinct timeframe that is 

grown in one contiguous production area within a grow site; or grown in a portion or 

portions of one contiguous production area within a grow site.

9. "Hemp" means the plant, Cannabis sativa L. and any part of that plant, including the 

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

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

of not more than three-tenths of one percent (0.3%) on a dry weight basis.

10. "Institution of higher education" means any tribal, public or private college or 

university located in Oklahoma.

11. "Licensee" means any person, corporation, or institution of higher education 

possessing a license to participate in the Pawnee Nation Hemp Farming Program.

12. "License" means a valid license issued by the Department allowing a licensee to 

cultivate hemp from low THC seed in Oklahoma.

13. "Listed low THC seed" means low THC seed that has been approved by the 

Department and listed on the Department's Low THC Seed List.

14. "Low THC seed" means hemp seed having no more than three-tenths of one percent 

(0.3%) delta-9 tetrahydrocannabinol concentration on a dry-weight basis.

15. "Processing" means converting an agricultural commodity into a marketable form.

16. "Processing Area" means any physical location in which entire harvested plants are 

altered by any manner of mechanical, chemical, or other processing techniques. The 

processing area need not be located on or near the contiguous field or building in which 

hemp is cultivated but shall be considered as part of the cultivation site.

17. "Storage Area" means any physical location in which harvested plants or plant parts 

are stored. The storage area need not be located on or near the contiguous field or 

building in which hemp is cultivated but shall be considered as part of the cultivation 

site.
Pawnee Nation Cannabis Sativa L (Hemp) Farming Regulations

Issue Date: March 28, 2019 Supersedes: New Page 4 of 15

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18. "Subcontractor" means a person or business entity that has contracted with a licensee 

and provides supplies, labor, land, or expertise related to the licensee's participation in 

the Pawnee Nation Hemp Farming Program.

Section 303. Authorization

The Pawnee Nation Cannabis sativa L. Farming Regulations is an implementing regulation 

as authorized by Title XIV, the Pawnee Nation Cannabis sativa L. (Hemp) Farming Act 

and is promulgated in accordance to the Pawnee Nation’s Administrative Procedures Act. 

This Regulation only applies to a licensed person(s) or entity as authorized by Title XIV. 

Any person or entity not having the required license and found in violation of any part of 

this Regulation shall be penalized in accordance to provisions of Title XIV and any 

applicable laws of the Pawnee Nation and other applicable jurisdictions. 

Section 304. Application

(a) Any person may apply for a license as authorized under Title XIV (Pawnee Nation

Cannabis sativa L. (Hemp) Farming Act) by filing an application with the Department for 

a license:

(1) Not less than thirty (30) days prior to the planting or cultivation of any hemp 

crop; or

(2) No later than December 1 if a subsequent license is required to harvest hemp 

crops planted before December 31 but scheduled for harvest after December 31.

(b) A licensee shall submit a separate application, pay separate application and 

inspection fees, and obtain a separate license for each cultivation site licensed by the 

licensee.

(c) All first-time applicants for a license must submit a set of fingerprints for 

applicants’ and all persons listed on the application, including sub-contractors, taken by a 

law enforcement officer. The applicant must submit with the application a completed 

background check acquired from the Pawnee Nation Attorney General, Oklahoma State 

Bureau of Investigations and the Federal Bureau of Investigations for processing. The 

documentation must provide a criminal history including, tribal, statewide and nationwide 

results. All costs associated with the criminal history check are the responsibility of the 

applicant.

(d) The application shall be on a form provided by the Department and shall, at a 

minimum, contain the following information:
Pawnee Nation Cannabis Sativa L (Hemp) Farming Regulations

Issue Date: March 28, 2019 Supersedes: New Page 5 of 15

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(1) The name and address of the applicant;

(2) The contact information, including, but not limited to, names, phone numbers, 

and email addresses, for any officials or employees of the licensee responsible 

for oversight of the operation(s) as authorized under Title XIV (Pawnee Nation 

Cannabis sativa L. (Hemp) Farming Act) and communications with the 

Department relating to the cultivation of hemp;

(3) If the licensee intends to utilize subcontractors, the correct legal name of the 

subcontractors along with all aliases or trade names of the subcontractors;

(4) If the licensee intends to utilize subcontractors, the address for the 

subcontractors' primary business locations and any satellite business office 

locations;

(5) If the licensee intends to utilize subcontractors, the contact information, 

including but not limited to, names, phone numbers, and email addresses, for 

any officials or employees of the subcontractor responsible for oversight of the 

operation(s) as authorized under Title XIV (Pawnee Nation Cannabis sativa L. 

(Hemp) Farming Act) and communications with the Department relating to the 

cultivation of hemp;

(6) Proof of ownership or valid lease from the Pawnee Nation or Bureau of Indian 

Affairs for the cultivation site and the following information if the cultivation 

site is not wholly owned by the licensee:

(A) The name, address, and contact information for all persons or 

entities having any ownership interest in the cultivation site; and

(B) An original signed, dated, and notarized letter of acknowledgement 

from each person having any ownership interest in the cultivation site 

indicating approval for the cultivation of hemp at the cultivation site;

(C) If applicable, a copy of the property lease for the entire duration of 

the license;

(7) If the application identifies a contiguous field as the cultivation site:

(A) A legal description (Section, Township, Range) of the contiguous field;

(B) The global positioning location coordinates at the approximate center

of the contiguous field; and
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(C) An annotated map or aerial photograph with sufficient detail and clarity 

to define the boundaries and dimensions of the contiguous field in 

acres, and, if applicable, the locations, boundaries, and dimensions of 

different growing areas within the contiguous field along with a 

description of the variety of hemp corresponding to each growing area;

(8) If the application identifies a building as the cultivation site:

(A) The physical address of the building;

(B) The global positioning location coordinates of the building; and

(C) An annotated map or blueprint with sufficient detail and clarity to show 

the boundaries and dimensions of the building and growing area in 

square feet, and, if applicable, the locations, boundaries, and 

dimensions of different growing areas within the building along with a 

description of the variety of hemp corresponding to each growing area;

(9) A description of any areas used to store or process plants or plant parts, 

including but not limited to:

(A) The physical address or location of any storage areas or processing

areas;

(B) The global positioning location coordinates of any storage areas or 

processing areas; and

(C) An annotated map or blueprint with sufficient detail and clarity to show 

the location, boundaries and dimensions of any storage areas or 

processing areas in square feet;

(10) A schedule identifying the intended dates of planting and intended dates of 

harvesting any hemp crop or crops;

(11) A statement of intended use and disposition for the hemp harvested from each 

growing area or any plant parts thereof;

(12) A notarized and sworn statement from an official or employee of the licensee 

and from an official or employee of any associated subcontractor that only seed 

as authorized under Title XIV (Pawnee Nation Cannabis sativa L. (Hemp) 

Farming Act) will be planted at the cultivation site; and

(13) Acknowledgement and agreement with the following terms and conditions:
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(A) Any information provided by the licensee or subcontractors is subject 

to public disclosure under the Open Records Act;

(B) Any information provided by the licensee or subcontractors may be 

released to the Pawnee Nation DECS Inspectors, Pawnee Nation 

Rangers, Pawnee Nation Law Enforcement, or to any law enforcement 

agencies within lawful jurisdiction without notice to the licensee or its

subcontractors;

(C) The licensee and subcontractors shall fully cooperate with the 

Department, grant the Department physical access to any part of the 

cultivation site and allow inspection and sampling that the Department 

deems necessary; and

(D) The licensee and subcontractors shall submit all required reports by the 

dates specified by the Department.

(e) A subcontractor may submit applications, pay associated fees, and file reports 

required by the Department on the licensee's behalf if authorized by the licensee to do so. 

The licensee's approval for the subcontractor to submit applications, pay fees, pay fines, 

and file reports shall be evidenced by an original, dated, signed, and notarized authorization 

letter from an official or employee of the licensee identified in subsection (d)(2) of this 

section submitted with the application for a license. A unique original, dated, signed, and 

notarized authorization letter shall be required for each new application, for each 

subsequent application, or renewal of an existing license.

(f) Incomplete applications shall not be processed by the Department and any 

associated application fees shall be retained by the Department.

(g) Applications that are denied by the Department may be resubmitted within twelve 

(12) months of the original filing. The Department may waive application fees for 

resubmitted applications.

Section 305. Grounds for denial of application

(a) The Department may consider several factors when deciding to grant or deny a license 

including, but not limited to, the location of the cultivation site; the criminal history of 

the licensee, subcontractor, or employees thereof; and prior administrative actions 

taken by the Department against the licensee, subcontractors, or employees thereof.
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(1)Any applicant with a State or Federal felony conviction relating to a controlled 

substance is subject to a 10-year ineligibility restriction on participating in the 

plan and producing hemp under the Tribal plan from the date of the conviction. 

(b) The Department's denial of a license may be contested in the manner provided by this 

chapter.

Section 306. License

(a) A separate license shall be required for each cultivation site operated by the licensee.

(b) All licenses expire on December 31 of the year in which the license was issued. Any 

hemp that is not harvested on or before December 31 must be declared for inclusion in 

a subsequent license or destroyed by the licensee.

(c) Every license issued by the Department shall remain the property of the Department. 

Possession of a license does not confer any property right or exemption from criminal 

liability to the licensee, subcontractor, or officials or employees thereof that is not 

expressly described in this chapter.

(d) The Department may restrict, limit, or impose conditions on any license that are not 

similarly imposed on other licensees or cultivation sites.

(e) Licenses shall not be assigned or transferred.

(f) Unless the context expressly indicates otherwise, a subcontractor's compliance with the 

rules of this chapter shall be sufficient to satisfy the obligations of the licensee to 

comply with the Pawnee Nation Cannabis sativa L. (Hemp) Farming Act.

(g) Not more than thirty (30) days after receiving and compiling the following information, 

the Department shall provide to the Secretary the U.S. Department of Agriculture or the 

Secretary’s designee:

(1) the licensees’ names and license number;

(2) the licensees’ telephone numbers, email addresses, residential addresses, 

mailing addresses, business addresses or another form of contact information;

(3) the location for each field, facility, or other place where hemp is licensed to be 

cultivated, handled, or processed; and

(4) an indication whether the licensees’ license is currently in good standing.
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(h) All licensed producers shall report to the USDA, Agricultural Marketing Service, or 

Farm Service Agency the required information found in 7 CFR part 990.7.

Section 307. Continuing obligation to provide information

(a) Every licensee shall have a continuing obligation to provide current information to 

the Department. The licensee shall provide updated information if there is any material 

change to the information provided in the application within ten (10) days of the material 

change unless otherwise specified herein, including, but not limited to, changes in 

personnel or contact information.

(b) The licensee shall file an amendment to the licensee's application not less than thirty 

(30) days prior to making any alteration to boundaries, dimensions, or growing areas of a 

cultivation site or a change in the variety of hemp cultivated.

(c) The licensee shall immediately notify the Department of any change to the planting 

and harvesting schedule exceeding five (5) days from the planting and harvesting schedule 

listed in the application.

(d) The employment of a new subcontractor or replacement of an existing 

subcontractor associated with a license for a particular cultivation site shall require the 

submission of a new application and the payment of new application and inspection fees 

by the licensee.

Section 308. Fees

(a) Each new, subsequent, or renewed application for a license to cultivate hemp at a 

particular cultivation site shall require the payment of a nonrefundable application fee at 

the rate of Five Hundred Dollars ($500.00).

(b) Each new, subsequent, or renewed application for a license to cultivate hemp at a 

particular cultivation site shall require the payment of a site inspection fee calculated at the 

rate of Five Dollars ($5.00) per acre on a contiguous field or Thirty-Three Cents ($0.33) 

per square foot in a building.

(c) An hourly inspection rate consisting of Forty-Five Dollars ($45.00) per hour per 

inspector for actual time devoted to the inspection of a cultivation site shall be charged 

following routine or unannounced inspections. The calculation of the hourly inspection rate 

shall include the inspectors' travel time from the inspectors' duty station to the cultivation 

site, the time devoted to inspection of the cultivation site, and the inspectors' travel time 

returning from the cultivation site to the inspectors' duty station.
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(d) Application amendments or notifications of material change to the information 

provided in an application shall not require the payment of additional application fees but 

may, at the discretion of the Department, require additional inspections and the payment of 

additional site inspection fees and fees assessed at the hourly inspection rate at the same 

rate charged for a new application.

Section 309. Harvest reports

(a) Not less than thirty (30) days prior to harvest, the licensee shall file a harvest report 

on a form provided by the Department and shall, at a minimum, contain the following 

information:

(1) The name of the licensee and any associated subcontractors;

(2) The location of the cultivation site or parts thereof wherever situated;

(3) A description of each variety of hemp growing at the cultivation site;

(4) The expected date or dates of harvest for each variety of hemp growing at the

cultivation site;

(5) The expected yield for each variety of hemp planted at the cultivation site along 

with a description of the growing area in which each variety was planted 

sufficient to calculate the growing area in acres for outdoor cultivation or square 

feet for indoor cultivation;

(6) A description of the intended use and disposition of the hemp product, 

including, but not limited to:

(A) Whether the whole plant will be sold or otherwise transferred to a third 

party with sufficient additional information for the Department to 

identify the price for a specific quantity of hemp;

(B) Whether individual plant parts rather than the whole plant will be sold 

or otherwise transferred to a third party with sufficient additional 

information for the Department to identify the price for a specific 

quantity of plant parts along with a description of the plant parts sold or 

transferred;

(C) A general description of any mechanical, chemical, or other processing 

techniques applied to the whole plant before sale or transfer to a third 

party;
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(D) The name and contact information of the person or business entity to 

which the whole plant or plant parts will be sold or transferred; and

(E) Whether the whole plant or any part thereof will be destroyed after

harvest;

(7) A description of fertilizers, pesticides, or other chemicals applied to each variety 

of hemp planted at the cultivation site;

(8) A description of irrigation or water management practices applied to each 

variety of hemp planted at the cultivation site;

(9) A description of tillage or ground preparation practices applied to each variety 

of hemp planted at the cultivation site; and

(10) A description of the environmental impacts and viability of each variety of 

hemp planted along with any supporting documentation.

(b) Not less than thirty (30) days following the harvest, the licensee shall supplement 

the harvest report and declare the actual yield for each variety of hemp planted at the 

cultivation site and any material change to the information supplied in the harvest report.

Section 310. Records

(a) The licensee shall retain the following records for no less than five (5) years from 

the date the record is obtained or generated:

(1) All records relating to information supplied in the application for a license;

(2) All records relating to the use and disposition of hemp harvested or any plant 

parts thereof;

(3) All records relating to the storage or processing of hemp or any plant parts

thereof;

(4) All records relating to the destruction of hemp harvested or any plant parts 

thereof, including but not limited to, any affidavits, notifications, and electronic 

records required by this chapter.

(b) The licensee shall produce or allow inspection of records at the request of the 

Department.
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(c) The licensee's obligation to retain and produce records shall be satisfied if the 

subcontractor retains or produces records.

Section 311. Inspection and Testing

(a) The Department shall develop an evidence-gathering methodology for the 

inspection of cultivation sites and the collection of hemp test samples.

(b) The Department shall develop a procedure for annual inspections of producers. A 

random sample of producers shall be selected to verify hemp is not produced in violation 

of these regulations.

(c) The Department may develop laboratory testing methodologies to verify the 

concentration of delta-9 tetrahydrocannabinol in hemp test samples or the Department may 

contract with another laboratory to conduct such testing using laboratory protocols 

approved by the Department and/or any federal criteria adopted.

(d) The Department may inspect and take samples from any growing area and mature

Cannabis sativa L. (Hemp) plants located thereon, as follows:

(1) The Department shall send written notification of routine inspections to the 

licensee and subcontractor, if applicable, describing the date, time, scope, and 

process of routine testing.

(2) The Department may conduct unannounced inspections and collect samples 

from any growing area during regular business hours without advance notice.

(e) Hemp test samples collected by the Department during routine or unannounced 

inspections shall be tested to verify that the delta-9 tetrahydrocannabinol concentration of 

hemp does not exceed 0.3% on dry weight basis.

(f) The licensee shall pay the hourly inspection fees and laboratory analysis costs for 

any routine and unannounced inspections within thirty (30) days after receiving an invoice 

from the Department.

Section 312. Violations

(a) The Department may deny, suspend, or revoke a license or fine a licensee upon a 

finding by the Department that that the licensee has violated the Pawnee Nation Cannabis 

sativa L. (Hemp) Farming Act or the rules of this chapter.
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(b) Violations committed by subcontractors or officials and employees thereof shall be 

considered violations of the licensee.

(c) The fine for violating the Pawnee Nation Cannabis sativa L. (Hemp) Farming Act 

or the rules of this chapter shall not exceed Ten Thousand Dollars ($10,000) per violation 

per day. Each day shall be deemed as a separate occurrence.

(d) Nothing in this chapter shall restrict the licensee from contractually obligating 

subcontractors to indemnify and hold the licensee harmless from fines issued by the 

Department for violations occurring at a cultivation site operated by the subcontractor. The 

licensee may require a bond or surety to guarantee the contractual obligations of the 

subcontractor for the payment of fines. However, the licensee shall be financially 

responsible for any fines issued by the Department.

(e) The following actions shall be considered negligent violations of the Pawnee 

Nation Cannabis sativa L. (Hemp) Farming Act and the rules of this subchapter if not made 

with a culpable mental state greater than negligence:

(1) Providing false, misleading, or incorrect information or otherwise engaging in 

fraud or deception to secure or retain a license;

(2) Failure to obtain a license, or other required authorization;

(3) Failure to provide a legal description;

(4) Failure to timely, accurately, and truthfully complete and submit any 

application, report, or request for information from the Department;

(5) Failure to retain records required by this chapter or produce such records at the 

request of the Department;

(6) Interference with the inspection process, including but not limited to, refusal to 

grant unrestricted access to a cultivation site; impeding the sampling of plants; 

or refusal or failure to fully cooperate with the Department's inspections;

(7) Failure to timely pay any fee or invoice issued by the Department;

(8) Planting, growing, harvesting, storing, or processing the plant, Cannabis sativa 

L. (Hemp), in locations other than the cultivation site described in the 

application for license or amendments thereto;

(9) Refusal or failure to comply with orders of the Department or the rules of this 

chapter requiring the destruction of any plant with a delta-9 
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tetrahydrocannabinol concentration exceeding three-tenths of one percent 

(0.3%) on a dry weight basis, or any plant parts thereof;

(10) Planting, growing, or harvesting any plant with a delta-9 

tetrahydrocannabinol concentration exceeding three-tenths of one percent 

(0.3%) on a dry weight basis, as follows:

(A) The Department shall calculate an average from the results from all 

test samples collected from a harvest lot during an inspection in accordance 

with the Department's evidence gathering methodology to determine 

whether a violation occurred. A calculated average of delta-9 

tetrahydrocannabinol concentrations exceeding three-tenths of one percent 

(0.3%) on a dry weight basis derived from test samples collected in the 

harvest lot shall be prima facie evidence that a violation occurred. The 

licensee shall have the burden of proof to contradict such evidence.

(B) If the calculated average of delta-9 tetrahydrocannabinol 

concentrations in test samples collected from a harvest lot exceeds threetenths of one percent (0.3%) but is equal to or less than five-tenths of one 

percent (0.5%) on a dry weight basis, the licensee shall destroy all Cannabis 

sativa L. plants and plant parts from the harvest lot in question. Upon the 

destruction of the crop, the licensee shall be subject to no additional fines 

or penalties.

(C) If the calculated average of delta-9 tetrahydrocannabinol 

concentrations in test samples collected from a harvest lot exceeds fivetenths of one percent (0.5%) on a dry weight basis, the licensee shall destroy 

all plants and plant parts planted, grown, or harvested from the harvest lot

in question. The Department may impose additional fines or penalties 

including the denial, suspension or revocation of a license by the 

Department.

(D) Failure to disclose different varieties of the plant, Cannabis sativa 

L., in a single growing area shall be a violation. A difference of delta-9 

tetrahydrocannabinol concentrations exceeding two percent (2%) on a dry 

weight basis between test samples collected from different sections of the 

same growing area shall be prima facie evidence that more than one variety 

of the plant, Cannabis sativa L., was planted in a single growing area and 

that a violation occurred. The licensee shall have the burden of proof to 

contradict such evidence.
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(f) Any violations made with a culpable mental state greater than negligence shall be 

reported to the U.S. Attorney General as well as the Pawnee Nation Chief Law 

Enforcement Officer.

Section 313. Destruction

(a) Any harvest lot tested and not certified by the DEA-registered laboratory at or 

below the acceptable hemp THC level may not be further handled, processed or enter the 

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

accordance with 21 CFR parts 1317.15. The licensee shall destroy all Cannabis sativa L. 

plants or plant parts if required by the rules of this chapter or by order of the Department

to be rendered “nonretrievable”.

(b) Incineration is the only acceptable method of destruction unless the Department 

provides the licensee written authorization for an alternate method of destruction.

(c) The licensee shall document the destruction of Cannabis sativa L. plants or plant 

parts, as follows:

(1) The licensee shall submit a notification of intended destruction to the 

Department not less than ten (10) days prior to the date that the licensee undertakes 

the destruction of the Cannabis sativa L. plants or plant parts, communicate the 

time and date of the destruction, and allow Department inspectors to be present 

during the destruction;

(2) The licensee shall make and retain a date-stamped electronic video 

recording the collection, ignition, and incineration of the Cannabis sativa L. plants 

or plant parts. The video recording shall be retained as a record relating to the 

destruction of hemp for not less than five (5) years. The date stamp need not be 

displayed on the video recording but shall, at a minimum, appear in the electronic 

file name. The electronic video recording shall consist of sufficient duration and 

detail to verify that the destruction occurred and was completed;

(3) An official or employee of the licensee or subcontractor responsible for 

oversight of the operations authorized under Title XIV (Pawnee Nation Cannabis 

sativa L. (Hemp) Farming Act) and in communications with the Department 

relating to the cultivation of Cannabis sativa L. shall submit an affidavit to the 

Department along with the Tribal Hemp Disposal Report, affirming the destruction 

not more than ten (10) days following the destruction;

(4) Destruction shall be conducted safely and shall not be conducted in a 

manner inconsistent with the requirements for prescribed burning. The licensee 
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shall delay the destruction required by this chapter or by order of the Department 

until the risk of starting a wildfire is minimal.

Section 314. Enforcement

(a) Administrative actions brought by the Department seeking the imposition of a penalty 

for the violation of this chapter and all contests brought by a licensee or subcontractor 

shall be considered individual proceedings and shall comply with provisions of Chapter 

2 (Hearings), Section 4 (Informal Hearings) of the Pawnee Nation Administrative 

Procedures Act, and the rules of the Department.

(b) Administrative assessment of penalties shall be made in accordance to Title XIV,

Section 013 of the Pawnee Nation Cannabis sativa L. (Hemp) Farming Act.

(c) The Department shall grant subcontractors legal standing to participate in individual 

proceedings if the subcontractor is authorized to do so by the licensee that is the subject 

of the individual proceeding.

(d) The Department shall initiate an individual proceeding by serving a notice of violation

on the licensee and any associated subcontractor listed in the Department's records for 

the cultivation site in question. An individual proceeding initiated by the Department 

shall be required for the Department to suspend or revoke a license or impose a fine. 

The Department shall not be required to initiate an individual proceeding for the denial 

of an application for a license or to enforce the rules of this chapter, including but not 

limited to, ordering the destruction of Cannabis sativa L. plants as specified herein.

(e) A licensee or authorized subcontractor may initiate an individual proceeding contesting

the denial of an application, conditions or limitations placed on a license, or order of 

destruction by filing a petition with the Department. The petition shall state with 

particularity the factual grounds, arguments, and citation of legal authorities for the 

contest.

(f) Informal hearings and associated individual proceedings shall be heard by the 

designated Hearing Official. Notifications and hearings shall be “informal hearings” 

and be conducted in accordance to provisions of Chapter 2, Section 4 of the Pawnee 

Nation Administrative Procedures Act. All evidence and legal arguments shall be 

offered to the Hearing Official consistent with the regular practices and rules of the 

Department. The findings and recommendations of the Hearing Official shall be 

presented to the Department for a final decision. No new evidence or arguments shall 

be presented to the Department.

(g) Formal hearings shall not be conducted under the provisions of this chapter.
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(h) Enforcement actions not subject to informal hearing proceedings shall be in accordance

to Title 14, section 012 of the Pawnee Nation Cannabis sativa L. (Hemp) Farming Act.

Section 315. Corrective Actions

(a)A reasonable date by which the producer shall correct the negligent violation.

(b)A requirement that the producer shall periodically report to the Tribal government, as 

applicable, on its compliance with the Tribal plan for a period of not less than the next 2 

years from the date of the negligent violation.

(1)Provide a date by which the Licensee shall correct the negligent violation;

(2)Include steps required by the Department to correct each negligent violation;

(3)Require the Licensee to provide a description of procedures to the Department 

to demonstrate compliance with the required corrective action plan.

(c)A producer that negligently violates a Tribal plan approved under this part shall not as 

a result of that violation be subject to any criminal enforcement action by the Federal, State, 

Tribal, or local government.

(d)A producer that negligently violates a USDA-approved Tribal plan three times in a 5-

year period shall be ineligible to produce hemp for a period of 5 years beginning on the 

date of the third violation.

(e)The Tribe shall conduct an inspection to determine if the corrective action plan has been 

implemented as submitted.