Santee Sioux Nation Industrial Hemp Ordinance

Amended February 5, 2020

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SANTEE SIOUX NATION

SECOND AMENDED INDUSTRIAL HEMP ORDINANCE

Amended February 5, 2019

TABLE OF CONTENTS

SECTION 1 - GENERAL PROVISIONS ...................................................................................... 5

A. Short Title. ................................................................................................................................ 5

B. Findings and Purpose................................................................................................................ 5

C. Control of Hemp. ...................................................................................................................... 6

D. Sovereign Immunity.................................................................................................................. 6

SECTION 2 - DEFINITIONS ........................................................................................................ 6

SECTION 3 – HEMP AUTHORIZED......................................................................................... 12

A. Exemption from Prosecution for Certain Acts........................................................................ 12

SECTION 4 - HEMP REGULATORY COMMISSION.............................................................. 12

A. Establishment; Attributes........................................................................................................ 12

B. Composition; Term of Office.................................................................................................. 12

C. Removal; Vacancies................................................................................................................ 13

D. Training, Equipment; Staff. .................................................................................................... 13

E. Sovereign Immunity................................................................................................................ 13

F. Powers of the Commission. .................................................................................................... 14

G. Executive Director; Qualifications; Powers............................................................................ 15

H. Powers and Duties of the Executive Director. ........................................................................ 15

I. Compensation of the Executive Director................................................................................ 16

J. Quarterly Reports.................................................................................................................... 16

K. Review of Decisions. .............................................................................................................. 16

SECTION 5 – LICENSING APPLICATION .............................................................................. 16

A. Producer License Application................................................................................................. 16

B. Criminal History Reports........................................................................................................ 18

C. Hemp Producers; Operating Fee............................................................................................. 18

SECTION 6 - LOCATION OR LAND PERMIT......................................................................... 19

A. Location or Land Permit Requirements.................................................................................. 19

SECTION 7 - PRODUCER LICENSING AGREEMENTS........................................................ 20

A. Producer Licensing Agreement Contents. .............................................................................. 20

SECTION 8 - SITE MODIFICATIONS ...................................................................................... 22
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A. Site Modifications................................................................................................................... 22

SECTION 9 – SEED ACQUISITION WITHIN THE UNITED STATES.................................. 22

A. Seed Acquisition Within the United States............................................................................. 22

SECTION 10 – SEED ACQUISITION FROM A SOURCE OUTSIDE OF THE UNITED STATES

....................................................................................................................................................... 23

A. Seed Acquisition from a Source Outside of the United States. .............................................. 23

SECTION 11 – SEEDS OF WILD, LANDRACE, OR UNKNOWN ORIGIN .......................... 23

A. Seeds of Wild, Landrace, or Unknown Origin. ...................................................................... 23

SECTION 12 – PRODUCER PLANTING REPORTS FOR OUTDOOR PLANTINGS ........... 24

A. Planting Reports for Outdoor Plantings.................................................................................. 24

SECTION 13 – PRODUCER PLANTING REPORTS FOR INDOOR PLANTINGS ............... 24

A. Planting Reports for Indoor Plantings..................................................................................... 24

SECTION 14 – PESTICIDE USE................................................................................................ 25

A. Pesticide Use........................................................................................................................... 25

SECTION 15 – SITE ACCESS FOR REPRESENTATIVES OF THE COMMISSION AND LAW 

ENFORCEMENT AGENCIES .............................................................................................. 25

A. Site Access for Representatives of the Commission and Law Enforcement Agencies. ......... 25

SECTION 16 – RESPONSIBILITY OF A LICENSED PRODUCER PRIOR TO HARVEST OF 

HEMP PLOTS ........................................................................................................................ 26

A. Sampling Prior to Harvest of Hemp Plots............................................................................... 26

SECTION 17 –PROCEDURES FOR SAMPLING ..................................................................... 26

A. Purpose............................................................................................................................... 26

B. Scope.................................................................................................................................. 27

C. Summary of Practice.......................................................................................................... 27

D. Equipment and Supplies .................................................................................................... 27

E. Sampling Guidelines.............................................................................................................. 28

SECTION 18 – PROCEDURES FOR TESTING ........................................................................ 32

A. Purpose............................................................................................................................... 32

B. General Sampling and Testing Procedures........................................................................ 33

C. Testing Methods................................................................................................................. 34

D. Test Results Exceeding 0.3% THC.................................................................................... 35

E. Retest Procedures .................................................................................................................. 35

F. Information Sharing with USDA........................................................................................... 36
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SECTION 19 – PROCEDURES FOR DISPOSAL/DESTRUCTION OF NON-COMPLAINT 

CANNABIS PLANTS............................................................................................................ 36

A. Non-Compliant Plant Destruction........................................................................................... 36

SECTION 20 – OTHER REQUIRED REPORTS FOR PRODUCERS ...................................... 36

A. Other Required Reports .......................................................................................................... 36

B. Test Results Report................................................................................................................. 37

C. Failure to Submit Reports....................................................................................................... 37

SECTION 21 – TRANSPORTATION REQUIREMENTS......................................................... 37

SECTION 22 – RESTRICTIONS ON SALE OR TRANSFER................................................... 38

A. Restrictions on Sale or Transfer.............................................................................................. 38

SECTION 23 – OTHER PROHIBITED ACTIVITIES................................................................ 38

A. Other Prohibited Activities. .................................................................................................... 38

SECTION 24 – IMMEDIATE LICENSE SUSPENSION........................................................... 38

A. Immediate License Suspension............................................................................................... 39

SECTION 25 – NEGLIGENT VIOLATIONS; CORRECTIVE ACTION PLANS.................... 39

A. Negligent Violations. Negligent Producer violations include, but are not limited to:........... 39

B. Corrective Action Plans for Negligent Violations.................................................................. 39

SECTION 26 –VIOLATIONS WITH A CULPABLE MENTAL STATE GREATER THAN 

NEGLIGENCE ....................................................................................................................... 40

A. Mandatory Reports to Tribal and Federal Law Enforcement Agencies for Violations With a 

Culpable Mental State Greater Than Negligence. .................................................................. 40

SECTION 27 - HEARINGS ON VIOLATIONS ......................................................................... 41

A. Hearings; Consequences. ........................................................................................................ 41

SECTION 28 – COMMISSION REPORTS TO THE USDA...................................................... 42

A. Hemp Producer Report. .......................................................................................................... 42

B. Report of Occurrence of Cannabis Plants or Plant Material that do not Meet the Definition of 

Hemp....................................................................................................................................... 43

C. Hemp Disposal Report............................................................................................................ 43

D. Annual Reports ....................................................................................................................... 43

SECTION 29 –COMMISSION TO RETAIN INFORMATION ABOUT GROWING LOCATIONS

................................................................................................................................................. 43

A. Commission to Retain Information About Growing Locations.............................................. 44

SECTION 30 – REGULATIONS................................................................................................. 44

A. Regulations. ............................................................................................................................ 44

SECTION 31– SAVINGS CLAUSE............................................................................................ 44
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A. Savings Clause........................................................................................................................ 44

SECTION 32 – EFFECTIVE DATE............................................................................................ 44

A. Effective Date. ........................................................................................................................ 44
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SECTION 1 - GENERAL PROVISIONS

A. Short Title.

This Title may be cited as the “Santee Sioux Nation Industrial Hemp Ordinance.”

B. Findings and Purpose.

The Santee Sioux Nation hereby finds and declares that:

1) The United States recognizes Indian tribes as having sovereignty over their members and 

territories. 

2) The Santee Sioux Nation (the “Tribe”) is a federally recognized Indian Tribe organized 

pursuant to Section XVI of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), 

codified at 25 U.S.C. §§ 476, et seq., as amended by the Act of June 15, 1935, (49 Stat. 378); 

and

3) Article III of the Santee Sioux Nation Tribal Constitution (“Tribal Constitution”) establishes 

the Tribal Council as the governing body of the Tribe. Article IV of the Tribal Constitution 

empowers the Tribal Council to, inter alia, manage all economic affairs and enterprises of the 

Tribe; to safeguard, regulate and promote the peace, safety, morals and general welfare of the 

nation by regulating the conduct of trade and the use and disposition of property upon the 

reservation; to charter subordinate organizations for economic purposes and to regulate the 

activities of cooperative associations of members of the nation under ordinances adopted by the 

Council; To delegate to district governments, subordinate board, or nation officials or to 

cooperative associations which are open to all members of the nation any of the foregoing 

powers, reserving the right to review any actions taken by virtue of such delegated powers prior 

to and after such actions are taken; to govern the conduct of persons under the territorial 

jurisdiction of the Tribe; and to regulate commerce within the jurisdictional boundaries of the 

Tribe or on any after acquired lands.

4) In 2018, the U.S. Congress enacted certain provisions in the 2018 Farm Bill that amend the 

Agricultural Marketing Act of 1946 (7 U.S.C. § 1621 et seq.) by adding Subtitle G entitled 

“Hemp Production” thereby allowing for the controlled cultivation of hemp in accordance with 

the Act, and a State or Tribal plan approved by the Secretary of Agriculture.

5) In 2018, the U.S. Congress amended Section 102(16) of the Controlled Substances Act (21 

U.S.C. 802(16)), to remove hemp (as defined by section 297A of the Agricultural Marketing 

Act of 1946) from the list of federal controlled substances.

6) The Santee Sioux Nation has decided to open specific lands within its jurisdiction to the 

Production of hemp by enacting this Title to the Santee Sioux Nation Tribal Code.
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C. Control of Hemp.

1) This Title shall govern the cultivation, processing, and distribution of hemp within the 

Territory of the Tribe, will be the basis of the “Tribal Plan” described in the Farm Bill, and 

will provide an additional source of revenue for tribal operations to provide funding for its 

members and the community.

2) Tribal regulation of the possession, cultivation, processing and distribution of hemp within 

the Territory of the Tribe is necessary to protect the health, security, and general welfare of 

the Tribal community. In order to further these goals, the Tribe has adopted this Title, which 

shall be liberally construed to fulfill the purposes for which it has been adopted. 

3) Nothing in this Title shall be deemed to be in positive conflict with the Controlled Substances 

Act, 21 U.S.C. section 801 et seq.

D. Sovereign Immunity. 

Nothing in this Title shall be construed to limit the jurisdiction of the Tribe, the Tribal Court or tribal 

law enforcement personnel and nothing herein shall limit or constitute a waiver of the sovereign 

immunity of the Tribe or its officers, instrumentalities, employees, elected officials, and agents or 

authorize any form a prospective waiver of such sovereign immunity. 

SECTION 2 - DEFINITIONS

A. Definitions.

1) “Acceptable Hemp THC Level” means when a laboratory tests a sample, it must report the 

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

measurement of uncertainty. The Acceptable Hemp THC Level for the purpose of compliance 

with the requirements of State, Tribal, or USDA hemp plans is when the application of the 

measurement of uncertainty to the reported delta-9 tetrahydrocannabinol content 

concentration level on a dry weight basis produces a distribution or range that includes 0.3% 

or less. For example, if the reported delta-9 tetrahydrocannabinol content concentration level 

on a dry weight basis is 0.35% and the measurement of uncertainty is +/- 0.06%, the measured 

delta-9 tetrahydrocannabinol content concentration level on a dry weight basis for this sample 

ranges from 0.29% to 0.41%. Because 0.3% is within the distribution or range, the sample is 

within the Acceptable Hemp THC Level for the purpose of plan compliance. This definition 

of “Acceptable Hemp THC Level” affects neither the statutory definition of hemp, 7 U.S.C. 

§ 1639o (1), in the 2018 Farm 121 Bill nor the definition of “marihuana,” 21 U.S.C. § 802(16), 

in the federal Controlled Substances Act. (“CSA”).

2) “Act” means the Agricultural Marketing Act of 1946.

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

submits an application to produce hemp under this Ordinance.
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4) “Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabis 

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

Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol 

concentration on a dry weight basis has not yet been determined.

5) “CBD” means cannabidiol.

6) “Commission” shall mean the Santee Sioux Nation Hemp Regulatory Commission, as 

established by this Ordinance.

7) “Controlled Substances Act” (“CSA”) means the Controlled Substances Act as codified in 21 

U.S.C. 801 et seq.

8) “Conviction” means any plea of guilty or nolo contendere, or any finding of guilt, except when 

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

of this Ordinance, a conviction is expunged when the conviction is removed from the 

individual’s criminal history record and there are no legal disabilities or restrictions associated 

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

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

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

subsequently dismissed, the individual is no longer considered to have a conviction for purposes 

of this Ordnance.

9) “Corrective Action Plan” means a plan established pursuant to this Ordinance for a licensed 

hemp Producer to correct a negligent violation or non-compliance with a hemp production plan 

and/or 7 C.F.R. Part 990.

10) “Criminal History Report” means the Federal Bureau of Investigation’s Identity History 

Summary.

11) “Culpable mental state greater than negligence” means to act intentionally, knowingly, willfully, 

or recklessly.

12) “DEA” means the United States Drug Enforcement Administration

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

delta-9-THC, the intoxicating component of cannabis. The decarboxylated value is also 

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

(87.7) percent of THC-acid.

14) “Decarboxylation” means the removal or elimination of the carboxyl group from a molecule or 

organic compound.

15) “Delta-9-THC” means delta-9-tetrahydrocannabinol concentration (the primary intoxicating 

component of cannabis). For purposes of this Ordinance, delta-9 THC and THC are 
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interchangeable.

16) “Directly related to” means immediate family relations as defined in the Tribe's Constitution or 

any other ordinance defining nepotism. 

17) “Dry Weight Basis” means the ratio of the amount of moisture in a sample to the amount of dry 

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

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

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

excluding moisture from the item.

18) “Entity” means corporation, joint stock company, association, limited partnership, limited

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

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

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

in a similar organization.

19) “Executive Director” shall mean the Executive Director of the Santee Sioux Nation Hemp 

Regulatory Commission, as established by this Ordinance.

20) “Farm Service Agency” or “FSA” means an agency of the United States Department of 

Agriculture.

21) “Financial interest” is a person or entity that has more than a five (5) percent interest, share or 

ownership in a Hemp Producer or in the revenues from the production Hemp. 

22) “Geospatial location” means a location designated through a global system of navigational 

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

23) “GPS” means Global Positioning System.

24) “Handle” means to harvest or store hemp or hemp plant parts prior to the delivery of such 

plants or plant parts for further processing. “Handle” also includes the disposal of cannabis 

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

25) “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 0.3 percent 

on a dry weight basis.

26) “High performance liquid chromatography” or “HPLC” means a type of chromatography 

technique in analytical chemistry used to separate, identify, and quantify each component in a 

mixture. HPLC relies on pumps to pass a pressurized liquid solvent containing the sample 

mixture through a column filled with a solid absorbent material to separate and analyze 

compounds.
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27) “Harvest Lot” means a quantity of Hemp, of the same Variety, harvested in a distinct timeframe 

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

a portion or portions of one contiguous production area within a Grow Site. Harvest Lot does 

not include a quantity of Hemp comprised of Hemp grown in noncontiguous production areas.

28) “Harvest Lot Identifier” means a unique identifier used by the Commission to identify the 

Harvest Lot.

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

30) “Information sharing system” means the database mandated under the Act which allows USDA 

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

and local law enforcement.

31) “Key participants” means a sole proprietor, a partner in partnership, or a person with executive

managerial control in a corporation. A person with executive managerial control includes 

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

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

32) “Law enforcement agency” means the Santee Sioux Nation Tribal Police Department, or federal, 

state or local law enforcement agency having jurisdiction. 

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

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

34) “Location ID” means the unique identifier established by the Applicant for each geospatial 

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

description, field name or building name.

35) “Lot” a contiguous area in a field, greenhouse or indoor growing structure containing the same 

variety or strain of cannabis throughout the area.

36) “Marijuana” or “marihuana” 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 

‘marihuana’ 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). “Marihuana” means all cannabis that tests as having a concentration level of THC on a 

dry weight basis of higher than 0.3 percent.
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37) “Measurement of Uncertainty” or “MU” means the parameter, associated with the result of a 

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

to the particular quantity subject to measurement.

38) “Negligence” means failure to exercise the level of care that a reasonably prudent person would 

exercise in complying with this Ordinance, the Act or 7 CFR Part 990. 

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

a zero percent germination rate.

40) “Person” means an individual or business entity.

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

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

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

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

Protection Agency registered product.

42) “Phytocannabinoid” means cannabinoid chemical compounds found in the cannabis plant, two 

of which are Delta-9 tetrahydrocannabinol (delta-9 THC) and cannabidiol (CBD). 

43) “Postdecarboxylation” means, in the context of testing methodologies for THC concentration 

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

the total potential delta-9 tetrahydrocannabinol content derived from the sum of the THC and 

THC-A content and reported on a dry weight basis. The postdecarboxylation value of THC can

be calculated by using a chromatograph technique using heat, gas chromatography, through 

which THCA is converted from its acid form to its neutral form, THC. Thus, this test calculates

the total potential THC in a given sample. The postdecarboxylation value of THC can also be 

calculated by using a high-performance liquid chromatograph technique, which keeps the 

THCA intact, and requires a conversion calculation of that THC-A to calculate total potential 

THC in a given sample. See the definition for decarboxylation.

44) “ppm” means parts per million.

45) “Prohibited variety” means a variety or strain of cannabis excluded by this Ordinance or 

regulation promulgated pursuant thereto.

46) “Produce” means to grow hemp plants for market, or for cultivation for market, pursuant to this 

Ordinance.

47) “Producer” means a Producer as defined in 7 CFR 718.2 that is licensed or authorized to 

produce hemp under this Ordinance and 7 CFR Part 990, specifically, “an owner, operator, 

landlord, tenant, or sharecropper, who shares in the risk of producing a crop and who is entitled 
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to share in the crop available for marketing from the farm, or would have shared had the crop

been produced. A Producer includes a grower of hybrid seed.”

48) “Producer licensing agreement” means a document executed by an Applicant and the 

Commission authorizing the person to grow, handle, and store hemp at one (1) or more specified 

locations.

49) “Program” means the Tribe’s Industrial Hemp Program.

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

51) “Registered Land Area” means a contiguous lot, parcel or tract of land registered with the 

Commission on which a Licensee grows or cultivates Hemp. A Registered Land Area may 

include land and buildings that are not used to grow or cultivate Hemp.

52) “Reverse Distributor” means a person who is registered with the DEA in accordance with 21 

CFR 1317.15 to dispose of marijuana under the Controlled Substances Act.

53) “Seed source” means the origin of the seed or propagules as determined by the Commission or 

the Executive Director.

54) “Signing authority” means an officer or agent of the organization with written authorization to 

commit the legal entity to a binding agreement.

55) “Store” is part of the term “handle” under this Ordinance and means to deposit hemp plants or 

hemp plant product in a storehouse, warehouse or other identified location by a Producer for 

safekeeping prior to delivery to a recipient for further processing

56) “Territory of the Tribe” has the same meaning as “Indian Country” in 18 U.S.C. 1151.

57) “Tribal Council” shall mean the Tribal Council of the Santee Sioux Nation as set forth in Article 

III of the Tribal Constitution.

58) “Tribal Court” means the tribal courts of the Tribe as established pursuant to the Tribe’s

Constitution and the Tribal Code.

59) “Tribe” means the Santee Sioux Nation, which is recognized as eligible by the Secretary of the 

Interior for the special programs and services provided by the United States to Indians because 

of its status as a federally recognized tribe and is recognized as possessing powers of selfgovernment.

60) “Tribal Police” or “Tribal Law Enforcement” shall mean the Santee Sioux Nation Tribal Police 

Department.

61) “Variety” means a subdivision of a species that is:
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a) Uniform, in the sense that the variations in essential and distinctive characteristics are 

describable;

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

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

different categories of varieties; and

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

morphological, physiological, other characteristics from all other publicly known 

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

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

total THC in one (1) or more pre-harvest samples. A hemp variety designated as a “variety of 

concern” could be subject to restrictions and additional testing.

63) “Volunteer cannabis plant” means any cannabis plant that grows of its own accord from seeds 

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

planted.

SECTION 3 – HEMP AUTHORIZED

A. Exemption from Prosecution for Certain Acts.

1) Except as otherwise provided by federal law, no person shall be subject to prosecution or civil 

penalty for the cultivation, production, handling, transportation or distribution of hemp in 

accordance with this Ordinance and federal law.

SECTION 4 - HEMP REGULATORY COMMISSION

A. Establishment; Attributes.

1) The Tribe hereby establishes the “Hemp Regulatory Commission” as a governmental

instrumentality of the Tribe and will hereafter be referred to as “the Commission.”

2) The Commission is under the directive of Tribal Council, and may fulfill any, and all 

obligations delegated by the Tribal Council as set forth under this Ordinance. 

3) In carrying out its purposes under this Ordinance, the Commission shall function as an arm 

of the Tribe.

B. Composition; Term of Office.

1) The Commission shall consist of five (5) persons appointed by the Tribal Council. There 

shall be one member of the Commission appointed from each of the Tribal Districts (Hobu 

Creek, Santee, Howe Creek, and Bazile Creek districts), and one member at large. 
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2) Each Commissioner shall serve for a period of three (3) years, unless such Commissioner is 

terminated or resigns prior to the end of his or her term.

3) The Commissioners must be members of the Santee Sioux Nation and reside within the 

boundaries of the Santee Sioux Nation.

4) The Commissioners may not have been convicted of a felony related to a controlled substance 

within the past ten (10) years.

5) No person with a financial interest in any Hemp Producer shall serve as a member of the 

Commission. 

6) The following persons are ineligible to serve as a Commissioner: employees of any hemp 

Producer, hemp contractors (including any principal of a management or other contracting 

company), or persons directly related to or sharing a residence with any of the above. 

C. Removal; Vacancies.

1) The Tribal Council may remove a Commissioner for the following reasons: conviction of a 

felony, neglect of duty, malfeasance in office, misfeasance, misconduct in office, any conduct 

that threatens the honesty or integrity of the position or otherwise violates the letter or intent 

of this Ordinance or other applicable Tribal law, or for other good cause shown. The Tribal 

Council’s decision to remove a Commissioner shall be final and non-appealable. 

2) Any vacancy on the Commission shall be filled by the Council at the next regularly scheduled 

Tribal Council meeting following the vacancy.

D. Training, Equipment; Staff.

1) The Commission will be provided with adequate training, equipment, staff and compensation 

to fully carry out the position, in the sole determination of the Tribal Council. 

E. Sovereign Immunity.

1) The Commission shall enjoy all of the privileges and immunities of the Tribe, except as 

specifically limited by this Ordinance, including sovereign immunity from suit in any state, 

federal, or tribal court.

2) The Commission shall have no authority to waive the sovereign immunity of the Tribe, or 

any other Tribal entity.

3) Nothing in this Ordinance shall be deemed or construed to be a waiver of the Commission’s

sovereign immunity from suit.

4) Notwithstanding any other provision herein, as an entity of the Tribe, the Commission’s

immunity from suit shall at all times be deemed waived for actions against the Commission 

initiated by the Tribal Council.
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F. Powers of the Commission. 

The Commission shall have the power and responsibility to:

1) Enforce this Ordinance.

2) Approve the permitting of a Location or Land for hemp Production under this Ordinance.

3) Review and approve all investigative work conducted.

4) Review Criminal History Reports for licensees.

5) Make suitability determinations.

6) Issue Hemp Producer licenses authorized by this Ordinance, consistent with the suitability 

determination, and shall assign each Producer with a license or authorization identifier in a 

format prescribed by USDA.

7) Accept, review, approve, or disapprove any application for a license pursuant to this 

Ordinance, including licenses for producing hemp pursuant to this Ordinance.

8) Assess and evaluate the potential environmental impact of a Producer’s proposed operations,

as may be necessary.

9) Conduct annual inspections of, at a minimum, a random sample of hemp Producers to verify 

that hemp is not produced in violation of this Ordinance and federal law. The sampling 

procedures shall conform to Section 17 of this Ordinance.

10) Impose any fees necessary to the regulation of the production of hemp grown, and collect any 

fees imposed by this Ordinance.

11) Inspect, examine and monitor all hemp production operations, and have immediate access to 

review, inspect, examine, photocopy and audit all hemp-related records of any Hemp 

Producer. 

12) Conduct or arrange for Criminal History Reports on Applicants for licenses authorized by 

this ordinance, Key Participants, or persons with a financial interest in any Producer and

determine their eligibility to be licensed pursuant to this Ordinance and federal law.

13) Investigate any suspicion of wrongdoing associated with any Hemp activities and report any 

potential criminal violations to Tribal Law Enforcement.

14) Ensure compliance with all Tribal and Federal laws, rules and regulations regarding Hemp.
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15) Adopt regulations to implement the provisions of this Ordinance, including for the assessment 

and collection of civil fines against any person(s) in violation of this Ordinance with a 

culpable mental state greater than negligence.

16) Issue citations for violations of this Ordinance, or any other Tribal or Federal hemp 

regulations.

17) Adopt a schedule of fines and/or forfeitures, consistent with this Ordinance. 

G. Executive Director; Qualifications; Powers.

1) The Commission shall appoint an Executive Director of the Commission to carry out the dayto-day operations of the Commission, the powers and duties of the Executive Director as set 

forth in this Ordinance, and such other duties and powers that the Commission delegates to 

the Executive Director in writing.

2) The Executive Director shall be at least 21 years of age.

3) The Executive Director may not have been convicted of a felony relating to a controlled 

substance within the past ten (10) years.

4) No person with a financial interest in any Hemp Producer shall serve as Executive Director. 

5) The following persons are ineligible to serve as Executive Director: employees of any hemp 

Producer, or persons directly related to or sharing a residence with any Hemp Producer. 

H. Powers and Duties of the Executive Director.

The Executive Director: 

1) Shall regularly report to the Commission on the hemp activities conducted on the Reservation 

or under the jurisdiction of the Tribe pursuant to this Ordinance.

2) Shall monitor the production, distribution and destruction of hemp grown within the boundaries 

of the Tribe.

3) Shall inspect and examine all premises located within the boundaries of the Tribe on which the 

production, cultivation, processing, and distribution of hemp grown, where necessary.

4) Shall identify and contract with a DEA registered laboratory to perform THC testing services.

5) Keep accurate records of all applications for licensure, grants or denials of licenses, receipts of 

fees, distribution of fees and revenues to the Tribe, and other matters within the responsibility 

of the Executive Director. Such records shall be retained for a minimum of three (3) years.
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6) Establish and carry out a practice to maintain relevant information regarding land on which 

hemp is produced on the Reservation, including contact information for all hemp Producers, a 

legal description and geospatial location of the land on which hemp is produced, the status and 

number of all Hemp Producers’ licenses or authorizations, for a period of not less than 3 years.

7) May demand access to and inspect, examine, photocopy, and audit all papers, books, and 

records respecting gross revenues of hemp production conducted within the Territory of the 

Tribe and any other matters necessary to carry out the duties of the Executive Director under 

this Ordinance;

8) Exercise all powers and responsibilities of the Executive Director set forth in this Ordinance

and as directed by the Commission.

I. Compensation of the Executive Director.

1) The compensation of the Executive Director shall be established by the Tribal 

Council.

J. Quarterly Reports. 

The Executive Directorshall provide a quarterly report to the Tribal council summarizing the Executive 

Director’s and the Commission’s official actions, activities, investigative reports, and reports received 

from any licensed Producer to keep Tribal Council fully informed as to the status of the Executive 

Director’s and the Commission’s activities.

K. Review of Decisions.

1) A person aggrieved by a decision of the Commission to deny, suspend, or revoke any license 

authorized by this Ordinance and may seek the Tribal Council’s review of such decision by 

filing a written petition for review with the Tribal Council within thirty (30) calendar days of 

service of the written notice of decision. If a petition for reconsideration is not filed within 

such time, the Commission’s decision shall be final.

2) Following review and consideration of the petition for review, the Tribal Council may 

overturn the decision of the Commission, subject to such conditions as it deems reasonable 

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

Tribal members, or the Tribal Council may affirm the decision of the Commission. The 

decision of the Tribal Council shall be final and not subject to judicial review.

SECTION 5 – LICENSING APPLICATION

A. Producer License Application.

1) Any person who wishes to Produce Hemp at any location within the Territory of 

the Tribe shall submit to the Commission or the Executive Director a completed 

License Application.
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1) A person who does not hold a license from the Commission shall not Produce 

Hemp at any location within the Territory of the Tribe. 

2) The Application shall include the following at a minimum:

a) Full name, residential address, telephone number, and email address, if an 

email address is available, of the Applicant.

b) If the Applicant represents a business entity:

i) The full name of the business;

ii) The principal business location address;

iii) The full name of the person who will have signing authority on behalf of the entity, 

and the title, phone number, and email address if an email address is available, of 

the person;

iv) The full names, addresses, phone numbers and email addresses (if available) of all 

owners, operators, landlords, tenants, or sharecroppers, who share in the risk of 

producing a hemp crop and who are entitled to share in the hemp crop available for 

marketing from the hemp growing operation, or who would have shared had the 

crop been produced; 

v) The full names, addresses, telephone numbers and email addresses of all Key 

Participants of the business entity; and 

vi) The EIN of the business entity.

c) Documentation showing either a valid tenancy, ownership or other legal interest in the 

proposed property.

d) Street address, location ID, legal description and Geospatial location for each field, 

greenhouse, building, or site where hemp will be produced. 

e) Information regarding any other hemp growing or processing facility that is licensed in 

any other jurisdiction.

f) A current Criminal History Report for the Applicant/Producer, and for Applicants that 

are entities, all Key Participants, dated within 60 days prior to the application 

submission date. A license application will not be considered complete without all 

required Criminal History Reports.

3) A business plan and operations plan shall be included with the application that includes at a 

minimum the following:
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a) The proposed acreage or greenhouse or indoor square footage to be planted;

b) A list of pesticides, and other chemicals proposed for use, if any;

c) A statement of previous farming experience; and

d) Planned source of seeds or propagules, including the strain or variety of seed.

4) Any License Application that is missing required information shall be subject to denial.

5) The Commission shall notify Applicants by letter or email whether the application has been 

denied or approved.

6) Producers and the Commission shall retain all information required by this Section 5(A) for at 

least three (3) calendar years.

B. Criminal History Reports.

1) Each Applicant/Producer, and if the Applicant is an entity, persons with a financial interest 

in the applicant, and all Key Participants of the Applicant/Producer shall submit Criminal 

History Reports with the application.

2) The Criminal History Report shall consist of a current Federal Bureau of Investigation 

Identity History Summary.

3) The Criminal History Report shall be dated within 60 days of the submission of the application 

material.

4) The criminal background check report must indicate that, within ten (10) years from the date 

when the background check was issued, the applicant shall not have a felony conviction related 

to a controlled substance under state, tribal, or federal law.

C. Hemp Producers; Operating Fee.

1) The Tribal Council shall determine the appropriate number of hemp Producers.

2) A person who wishes to Produce Hemp shall be required to meet all applicable licensing 

requirements under this Ordinance. 

3) The Tribal Council may establish license application fees for any Hemp Producer authorized 

by this Ordinance.

4) Every Hemp Producer shall pay quarterly to the Tribe an operating fee equal a percentage of 

its total income from all sources derived from or attributable to the production of Hemp for 

the quarter. The Tribal Council shall set the operating fee percentage pursuant to Tribal 

Council Resolution, and may adjust the operating fee percentage from time to time in its sole 
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discretion. For purposes of this section, “total income from all sources derived from or 

attributable to the production of Hemp” means gross income minus the cost of production. 

5) The operating fee assessed under this section shall be due and payable on the fifteenth day 

following the close of the fiscal quarter and shall be subject to interest and applicable 

penalties. A penalty of 20% percent of the amount of any underpayment shall be added to 

the fee. For purposes of this section, the underpayment amount shall be equal to the difference 

between the total amount of the operating fee imposed by this section less the amount paid.

6) All operating fees shall be remitted to the Tribal Treasurer, which shall keep accurate records 

of all such receipts, and shall be subject to distribution by the Tribal Council in accordance 

with its usual appropriation procedures for governmental and social services.

7) The Tribal Council may exempt any tribally-owned Hemp Producer from Application fees or 

operating fees.

SECTION 6 - LOCATION OR LAND PERMIT

A. Location or Land Permit Requirements.

1) A licensed Producer shall not plant or grow any cannabis that is not Hemp.

2) A licensed Producer shall not plant or grow hemp on any site not listed in the licensing 

agreement or Registered Land Area.

3) A licensed Producer shall not grow hemp in or adjacent to any structure that is used for 

residential purposes.

4) A licensed Producer shall not handle or store leaf or floral material from hemp in or adjacent 

to any structure that is used for residential purposes.

5) Hemp shall be physically segregated from other crops.

6) A licensed Producer shall not plant hemp plants in an outdoor growing location of less than 

one-quarter acre and 1,000 plants unless prior approval is received in writing from the 

Commission.

7) A licensed Producer shall not grow hemp in any outdoor field or site that is located within 

1,000 feet of a school or a public recreational area.

8) An Applicant or licensed Producer shall not include any property on his or her application or 

Site Modification Request, to grow or cultivate hemp that is not owned or completely 

controlled by the Applicant or licensed Producer.

9) A licensed Producer shall not produce hemp on property owned by, leased from, or previously 

submitted in a license application by any person who is ineligible or was terminated, or denied
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a license.

SECTION 7 - PRODUCER LICENSING GREEMENTS

A. Producer Licensing Agreement Contents.

Any Producer Licensing Agreement shall contain the following:

1) An Applicant shall not be licensed until the Applicant is approved and the Applicant and the 

Commission have executed a Producer licensing agreement.

2) The agreement shall have a consent to entry onto, and inspection of, all premises where hemp 

or other cannabis plants or materials are located, or licensed to be located, by the Commission,

representatives of the Commission and law enforcement agencies, with or without cause, with 

or without advance notice.

3) The Applicant consents to forfeiture and destruction, consistent with the CSA and DEA 

regulations, without compensation, of:

a) Material that exceeds the Acceptable Hemp THC Level;

b) Plants located in an area that is not licensed by the Commission; and

c) Plants not accounted for in required reporting to the Commission.

4) The Applicant agrees to apply for registration of all growing, processing, handling, and 

storage locations, including a legal description of the location, Geospatial location, and 

receive approval for those locations prior to having hemp on those premises.

5) The Applicant acknowledges that licensed Producers shall submit a Site Modification 

Request Form, and obtain prior written approval from a representative of the Commission

before implementing any change to the licensed sites stated in the Producer licensing 

agreement.

6) Acknowledgement by the Applicant that hemp shall not be produced in any location other 

than the location listed in the Producer licensing agreement.

7) Agreement by the Applicant not to interplant hemp with any other crop without express 

written permission from the Commission.

8) Acknowledgement by the Applicant that anyone applying pesticides to hemp shall hold a 

pesticide license and apply pesticides in accordance with regulations or the agreement.

9) Acknowledge that the risk of financial or other loss shall be borne solely by the licensed 

Producer.
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10) Agreement that any time hemp is in transit, a copy of the Producer licensing agreement and 

Harvest Lot Identifier, and a copy of THC test results for the Lot, shall be available for 

inspection upon the request of a representative of the Commission or a law enforcement 

agency.

11) Agreement that, upon request from a representative of the Commission or a law enforcement 

agency, a licensed Producer shall immediately produce a copy of his or her Producer licensing 

agreement for inspection.

12) Agreement to submit Planting Reports, Harvest/Destruction Reports, and Production Reports, 

and other reports required by the Commission or the USDA to on or before the deadlines 

established in this Ordinance.

13) Agreement to scout and monitor unregistered fields for volunteer cannabis plants and to 

destroy those volunteer cannabis plants for three (3) years past the last date of planting 

reported to the Commission.

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

or denied admission to the program for one (1) or both of the following reasons:

a) Failure to obtain an acceptable Criminal History Report; or

b) Failure to comply with an order from a representative of the Commission or the Tribal 

Council.

15) Agreement that land used for the production of hemp shall not be owned by or leased from 

any person who was terminated, or denied admission to the program for one (1) or both of 

the following reasons:

a) Failure to obtain an acceptable criminal background check or Criminal History Report;

or

b) Failure to comply with an order from a representative of the Commission.

16) Agreement to notify the Commission of any interaction with law enforcement immediately 

by phone and follow-up in writing within three (3) calendar days of the occurrence. 

17) Agreement to notify the Commission of any theft of cannabis materials, whether growing or 

not.

18) Failure to agree or comply with terms and conditions established in the Producer licensing 

and/or processor agreement shall constitute grounds for appropriate Commission or Tribal 

Council action, up to and including revocation of the Producer license.

19) A person who has been expelled from the program shall not be eligible to reapply to the 
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program for a period of five (5) years from the date of expulsion.

20) Failure to agree and sign the Producer licensing agreement shall terminate conditional 

approval and a licensing agreement shall not be executed.

SECTION 8 - SITE MODIFICATIONS

A. Site Modifications.

1) A licensed Producer who elects produce hemp in a new location other than the sites specified 

by the legal description and Geospatial location in the Producer licensing agreement shall 

submit a Site Modification Request Form, and obtain written approval from a representative 

of the Commission, prior to planting Hemp at the proposed location.

2) Any request for a new Hemp production location shall comply with all applicable land use 

restrictions.

3) The Commission may charge a site modification surcharge fee for each new growing location, 

be it an individual field or greenhouse or indoor structure, where hemp will be planted. 

SECTION 9 – SEED ACQUISITION WITHIN THE UNITED STATES

A. Seed Acquisition Within the United States.

1) A person shall not acquire seeds or propagules from a source within the United States without 

first:

a) Submitting a complete Domestic Seed/Propagule Request form, and

b) Obtaining written approval of the Domestic Seed/Propagule Request from a 

representative of the Commission.

2) The Commission shall not approve a Domestic Seed/Propagule Request unless the licensed 

Producer affirms in writing that the requested seed acquisition plan shall not infringe on the 

intellectual property rights of any person.

3) A person submitting a Domestic Request form shall submit to the Commission documentation 

showing that mature plants grown from that seed variety or strain have a floral material delta9-THC content of not more than 3,000 ppm on a dry weight basis from an independent thirdparty laboratory.

4) A person submitting a Domestic Seed/Propagule Request form shall submit to the 

Commission documentation verifying the seed or propagule source as a current legal hemp 

operation in the jurisdiction of origin.
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5) A person acquiring seeds or propagules shall arrange for the seeds or propagules to arrive at

the Commission for inventory and distribution.

6) Upon request from a representative of the Commission, a licensed Producer shall provide a 

distribution list showing locations where and to whom the hemp seeds were distributed 

following inventory at the Commission’s facility.

SECTION 10 – SEED ACQUISITION FROM A SOURCE OUTSIDE OF THE UNITED 

STATES

A. Seed Acquisition from a Source Outside of the United States.

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

International Seed Request form to the Commission:

a) A person shall not acquire seeds from a source outside the United States unless the 

Commission first obtains a Permit to Import from the DEA, if required.

2) A person shall not acquire propagules other than seeds from outside the United States.

3) All licensed Producers intending to plant the requested seed shall be listed on the request 

form.

4) The Commission shall not approve an International Seed Request form unless the licensed 

Producer affirms in writing that the licensed Producer’s planned activities shall not infringe 

on the intellectual property rights of any person.

5) A person submitting an International Seed Request form shall submit to the Commission

documentation showing that mature plants grown from that seed variety have a floral material 

delta-9-THC content of not more than 3,000 ppm on a dry weight basis.

6) A person acquiring seeds or propagules from a source outside the United States shall arrange 

for the seeds or propagules to arrive at the Commission’s facility, for inventory and 

distribution.

7) Upon request from a representative of the Commission, a licensed Producer shall provide a 

distribution list showing locations where and to whom the imported hemp seeds were 

distributed following inventory at the Commission’s facility.

SECTION 11 – SEEDS OF WILD, LANDRACE, OR UNKNOWN ORIGIN

A. Seeds of Wild, Landrace, or Unknown Origin.

1) A person shall not acquire or grow hemp or cannabis seeds or propagules of wild, landrace, 

or unknown origin without first obtaining written approval from a representative of the 

Commission.
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2) The Commission shall not permit hemp or cannabis seeds or propagules of wild, landrace, or 

unknown origin to be planted, cultivated, or replicated by any person without the Commission

first arranging for replication and THC testing of mature plants grown from the seeds or 

propagules by the Commission or its designee.

3) Any licensed Producer or licensed processor found to have saved seed, propagules, or 

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

or unknown origin, without advance written permission from the Commission shall be subject 

to suspension or revocation of his or her license and forfeiture without compensation of his 

or her materials.

SECTION 12 – PRODUCER PLANTING REPORTS FOR OUTDOOR PLANTINGS

A. Planting Reports for Outdoor Plantings.

1) A licensed Producer or Producer shall submit to the Commission a complete and current Field 

Planting Report, within fifteen (15) days after every planting, including replanting, of seeds 

or propagules in an outdoor location.

2) Each Field Planting Report shall identify the:

a) Correct variety name as designated upon approval of the acquisition request or as 

approved by the Commission;

b) Field location ID as listed in the Producer licensing agreement; and

c) Primary intended use of the harvest for each planting (e.g., fiber, seed, CBD extraction).

3) A licensed Producer who does not plant hemp in an approved outdoor site listed in the 

Producer license agreement shall submit a Field Planting Report, on or before July 31, stating 

that hemp has not and shall not be planted at that site.

SECTION 13 – PRODUCER PLANTING REPORTS FOR INDOOR PLANTINGS

A. Planting Reports for Indoor Plantings.

1) A licensed Producer shall submit to the Commission a complete and current 

Greenhouse/Indoor Planting Report within fifteen (15) days after establishing plants at an 

indoor location.

2) Each Greenhouse/Indoor Planting Report shall identify the:

a) Correct hemp variety name as designated in the Domestic Seed/Propagule Request form 

or International Seed Request form and approved by the Commission;
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b) Greenhouse or indoor growing location ID as listed in the Producer licensing agreement; 

and

c) Primary intended use for the harvest of each planting (e.g., fiber, seed CBD extraction).

3) In addition to the initial Greenhouse/Indoor Planting Report, a licensed Producer with an 

approved greenhouse or indoor growing site shall submit quarterly reports for each location 

ID to the Commission, such Reports shall be due no later than March 31, June 30, September 

30, and December 31.

SECTION 14 – PESTICIDE USE

A. Pesticide Use.

1) A licensed Producer who uses a pesticide on hemp shall be certified to apply pesticides by 

the Commission regulations.

2) A licensed Producer who is certified to apply pesticides by the Commission shall not use or 

be eligible to use pesticides to hemp in violation of the product label.

3) A licensed Producer shall not use any pesticide in violation of the product label.

4) A licensed Producer who uses a pesticide on a site where hemp will be planted shall comply 

with the longest of any planting restriction interval on the product label prior to planting the 

hemp.

5) The Commission may perform pesticide testing on a random basis or if representatives of the 

Commission have reason to believe that a pesticide may have been applied to hemp in 

violation of the product label.

6) Hemp seeds, plants, and materials bearing pesticide residue in violation of the label shall be 

subject to forfeiture or destruction without compensation.

SECTION 15 – SITE ACCESS FOR REPRESENTATIVES OF THE COMMISSION AND 

LAW ENFORCEMENT AGENCIES

A. Site Access for Representatives of the Commission and Law Enforcement Agencies.

1) The Commission shall provide information about approved hemp production locations to the 

Tribal Police, USDA, DEA, and other federal or tribal law enforcement agencies whose 

representatives request registered site information, including legal description and Geospatial 

location.
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2) Licensed Producers shall have no reasonable expectation of privacy with respect to premises 

where hemp or other cannabis seeds, plants, or materials are located, and any premises listed 

in the Producer licensing agreement.

3) A licensed Producer, shall permit a representative of the Commission or a law enforcement 

agency to enter into premises where hemp or other cannabis seeds, plants, or materials are 

located, and any premises listed in the Producer licensing agreement with or without cause 

and with or without advanced notice. The producer or an authorized representative has to be 

present. 

SECTION 16 – RESPONSIBILITY OF A LICENSED PRODUCER PRIOR TO HARVEST 

OF HEMP PLOTS

A. Sampling Prior to Harvest of Hemp Plots.

1) Within 15 days prior to the anticipated harvest of cannabis plants, a producer shall have an 

approved Federal, State, local law enforcement agency or other USDA designated person 

collect samples from the flower material of such cannabis material for delta-9 

tetrahydrocannabinol concentration level testing.

2) The method used for sampling from the flower material of the cannabis plant must be 

sufficient at a confidence level of 95 percent that no more than one percent (1%) of the plants 

in the lot would exceed the acceptable hemp THC level. The method used for sampling must 

ensure that a Representative sample is collected that represents a homogeneous composition 

of the lot.

3) During a scheduled sample collection, the producer or an authorized representative of the 

producer shall be present at the growing site.

4) Representatives of the sampling agency shall be provided with complete and unrestricted 

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

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

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

5) A producer shall not harvest the cannabis crop prior to samples being taken, and shall harvest 

the crop not more than fifteen (15) days following the date of sample collection.

SECTION 17 –PROCEDURES FOR SAMPLING 

A. Purpose

Samples are taken to obtain specimens for the measurement of tetrahydrocannabinol (THC) 

content, which determine whether the specimens are hemp or marijuana. 

1) The measurements are intended to be representative of the THC content in a “lot” of hemp 

crop acreage as identified by the Producer. 

2) Hemp Producers may not harvest hemp prior to the hemp being sampled and tested for THC 

concentration. 
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B. Scope

1) Samples collected under this procedure are acceptable for submission to a qualified,DEAregistered laboratory for determination of THC in hemp.

2) Since the THC content of hemp generally peaks as the plant ripens, the timing of when 

sampling occurs is important to accurately measure THC concentration and monitor

compliance with the USDA hemp production program.

3) Samples must be collected by a USDA approved sampling agent, or a Federal, State orTribal 

law enforcement agent authorized by USDA to collect samples. It is the responsibility of the 

licensed Producer to pay any fees associated with sampling.

C. Summary of Practice

1) This practice provides procedures for entering a growing area and collecting the minimum 

number of plant specimens necessary to represent a homogeneous composition of the “lot” 

that is to be sampled. An authorized representative enters a growing area, strategically 

examines the growing area, establishes an approach for navigating the growing area, and 

collects individual specimens of plants in order to obtain a representative sample of hemp in 

the designated lot.

2) Cuttings from each “lot” of hemp crop acreage, as identified by the Producer, and submitted 

to and uniquely identified by the Farm Service Agency per the requirements of the USDA 

hemp production program, shall be organized as composite samples. For the purposes of these 

procedures, a “lot” is a contiguous area in a field, greenhouse, or indoor growing structure 

containing the same variety or strain of cannabis throughout. In addition, “lot” refers to the 

batch of contiguous, homogeneous whole of a product being sold to a single buyer at a single 

time. “Lot” is to be defined by the Producer in terms of farm location, field acreage, and to be 

reported as such to the FSA.

D. Equipment and Supplies

1) Garden pruners/shears (Cleaned prior to and following each composite sample. Some 

examples of appropriate cleaning agents and supplies to use on garden pruners/shears are

bleach, rubbing alcohol, steel wool, and/or sandpaper.)

2) Sample bags, paper.

a) The size of the bags will depend upon the number of clippings collected per lot.

b) The bags should be made from material known to be free from THC.

3) Security tape

4) Permanent markers
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5) Sample collection forms

6) GPS Unit

7) Disposable gloves – Nitrile

E. Sampling Guidelines

1) The licensee or designated employee shall accompany the sampling agent throughout the 

sampling process.

2) Surveillance of the growing area.

a) The inspector shall verify the GPS coordinates of the growing area as comparedwith the 

GPS coordinates submitted by the licensee to USDA.

b) The inspector shall estimate the average height, appearance, approximatedensity, condition 

of the plants, and degree of maturity of the flowering material, meaning inflorescences

(flowers/buds).

c) The inspector shall visually establish the homogeneity of the stand to establish that the 

growing area is of like variety.

3) Time of Sampling:

a) Within 15 days prior to the anticipated harvest of cannabis plants, an approved Federal or 

Tribal law enforcement agency or other Tribal designated person shall collect 

representative samples from such cannabis plants for THC concentration leveltesting.

4) Field Sampling:

a) For purposes of determining the number of individual plants to select for sampling,the size 

of the growing area shall be considered. For sampling purposes, samples from separate 

“lots” must be kept separate and not be commingled.

b) For lots of less than one acre, including greenhouses, select a minimum of 1 plant, then take 

a cutting from the plant to form a sample. For lots of 2 to 10 acres, including greenhouses, 

select a minimum of one plant per acre, then take cuttings of each plant, then combine to 

form a composite sample.

c) For growing areas larger than ten (10) acres, including greenhouses, the number of plants 

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

Recommended Methods of Sampling for the Determination of Pesticide Residues for 

Compliance with MRLS CAC/GL 33-1999.

i) The sample size is estimated in a two-step process. The first step is to estimate the 

number of primary plants to be sampled. The second step is to adjust the estimate 

of primary plants by the acreage under cultivation.

ii) The initial number of primary plants is estimated using
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Amended February 5, 2020 

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 where p is the confidence level to detect hemp plants having THC content greater 

than the Acceptable Hemp THC Level and i is the proportion of hemp plants having 

THC content greater than the Acceptable Hemp THC Level. The values for i are 

based on past experience in the same or similar growing areas.

iii) The initial primary plants estimate is adjusted by the number of acres to calculate

the minimum number of primary plants for composting as follows: 

where n is the minimum number of primary plants to be selected for forming a 

composite sample, no is the initial number of primary plants, and N is the number of 

acres under cultivation.

iv) Example 1 : The initial primary plant sample size is 299 with a confidence level of 

95% to detect hemp plants having THC content greater than the Acceptable Hemp 

THC Level and a proportion of hemp plants having THC content of greater than 

the Acceptable Hemp THC Level equal to 0.01 is considered appropriate. The 

adjusted primary plant sample sizes for fields from 11 to 173 acres in size are 

shown in the following table:
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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
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v) Example 2: The adjusted primary plant sample sizes for fields from less than 1 to 

10 acres in size are shown in the following table:

Number of 

Acres “N”

Sample 

Size “n”

Less than 1 1

1 1

2 2

3 3

4 4

5 5

6 6

7 7

8 8

9 9

10 10

5) Collecting Samples from each lot:

a) Sampling agents shall always walk at right angles to the rows of plants, beginningat one 

point of the lot and walking towards another point on the opposite side of the lot.

b) While walking through the growing area, the inspector shall cut at least “n” flowering 

material, meaning inflorescences (the flower or bud of a plant) at randombut convenient 

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

c) The cut shall be made just underneath a flowering material, meaning inflorescence (the

flower or bud of a plant), located at the top one-third (1/3) of the plant. (See figure below.) 

The sample size must be of adequate volume to accommodate laboratory tests.
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d) Utilize a paper sample bag for collecting sample cuttings. Ensure that each bag hasthe 

minimum number of cuttings, n, as calculated by 4.3.3, or in the Example Tables 1 and

2.

e) Seal each bag and record the sample number.

6. Sample identification:

a) The inspector shall seal each bag and record the sample identification number. The 

sample shall also be identified with the following information:

i) The sample ID shall include: 

a. Sampling agent contact information; 

b. name and contact information of the Producer; 

c. Producer hemp license or authorization number;

d. date of sample; 

e. “lot” ID as provided by the USDA Farm Service Agency; and

f. any other information that may be required by the Commission, Law 

Enforcement Authorities, mail delivery services, customers or groups of 

customers.

SECTION 18 – PROCEDURES FOR TESTING

A. Purpose

1) Standard testing procedures are specified for samples taken in accordance with the 

Sampling Procedures for the USDA Hemp Program to measure the delta-9 

tetrahydrocannabinol (THC) concentration levels of those samples on a dry weight basis. 

Hemp testing laboratories are not required to be ISO accredited, although the Commission

strongly encourages adherence to the ISO 17025 standard.

2) The results are intended to measure the THC content of composite hemp samples collected 

from a designated “lot” of hemp crop acreage designated by a hemp Producer and as 

reported to the USDA Farm Service Agency as required under the USDA hemp production 

program. The purpose of the measurements are to determine whether the THC 

concentration of the tested material is within the Acceptable Hemp THC Level.

3) As required under USDA hemp production program regulation, laboratories conducting 

testing of hemp must conduct analytical testing for purposes of detecting the concentration 

levels of delta-9 tetrahydrocannabinol THC and shall meet the following standards:

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

results;

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

testing method used is appropriate (fit for purpose) and that the laboratory can 
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successfully perform the testing;

c) The demonstration of testing validity must ensure consistent, accurate analytical 

performance; and

d) Method performance specifications must ensure analytical tests are sufficiently

sensitive for the purposes of the detectability requirements of this Section.

e) At a minimum, analytical testing of samples for delta-9 tetrahydrocannabinol 

concentration levels must use post-decarboxylation or other similarly reliable 

methods approved by the Secretary. The testing methodology must consider the 

potential conversion of delta-9 tetrahydrocannabinolic acid (THCA) in hemp into 

delta-9 tetrahydrocannabinol (THC) and the test result reflect the total available 

THC derived from the sum of the THC and THC-A content. Testing methodologies 

meeting these requirements include, but are not limited to, gas chromatography and 

high-performance liquid chromatography.

f) The total delta-9 tetrahydrocannabinol concentration level shall be determined and 

reported on a dry weight basis.

g) Any sample test result showing with at least 95% confidence that the THC content 

of the sample is higher than the Acceptable Hemp THC Level shall be conclusive 

evidence that the lot represented by the sample is not in compliance with this

Section.

4) Laboratories approved for THC testing must also be registered with DEA to handle

controlled substances under the Controlled Substances Act (CSA), 21 CFR part 1301.13.

5) Lots 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 lot is disposed of in accordance with Section 19, “

Procedures for Disposal/Destruction of Non-compliant cannabis plants.”

B. General Sampling and Testing Procedures

1) Laboratory receives sample.

2) Dry sample to remove the majority of water.

3) Mill and “manicure” sample though a wire screen no larger than 1.5 x 1.5mm todiscard 

mature seeds and larger twigs and stems.

4) Separate sample into a test and retain specimens.

a) Test specimen: go to step 5

b) Retain specimen: package and store until needed. When needed go to step 5.

5) Determine moisture content or dry to a consistent weight (meeting criteria).

6) Perform chemical analysis.
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7) Calculate total THC on a dry weight basis. Test results should be determinedand reported 

on a dry weight basis.

8) Samples shall be received and prepared for testing in a DEA registered laboratory as

follows:

a) Once the composite sample is received by the laboratory, the laboratory shall dry all of 

the leaf and flower (not obvious stem and seeds) of the composite sample until brittle 

in a manner that maintains the THC level of sample. Samples are to be dried to a 

consistent loss (typically5- 12% moisture content) so that the test can be performed on 

a dry weight basis, meaning the percentage of THC, by weight, in a cannabis sample, 

after excluding moisture from the sample. The moisture content is expressed as the 

ratio of the amount of moisture in the sample to the amount of dry solid in the sample.

b) The laboratory shall mill and manicure samples though a wire screen no larger than 

1.5x 1.5mm to discard mature seeds and larger twigs and stems.

c) The laboratory shall form sieve a “Test Specimen” and a “Retain Specimen.” One 

sample part shall be selected for analysis and labeled ''Test Specimen". The other 

sample part shall be marked "Retain Specimen" and shall be packaged and stored in a 

secured place.

d) The laboratory shall then determine moisture content or dry to a consistent weight.

e) The laboratory will then perform chemical analysis on the sample using postdecarboxylation or other similarly reliable methods where the total THC concentration

level considers the potential to convert delta-9-tetrahydrocannabinolic acid (THCA) 

intoTHC.

f) Testing methodologies meeting these requirements include those using gas 

chromatography and high-pressure liquid chromatography, or other reliable method. 

High-performance liquid chromatography. High- performance liquid chromatography 

(HPLC) or (LC) is a scientific method (specifically, a type of chromatography) used in 

analytical chemistry used to separate, identify, and quantify each component in a 

mixture. It relies on pumps to pass a pressurized liquid solvent containing the sample 

mixture through a column filled with a solid adsorbent material to separate and analyze 

compounds. Under the terms of this part, HPLC is one of the valid methods by which 

laboratories may test for THC concentration levels. 

g) The laboratory will then calculate total THC on a dry weight basis.

C. Testing Methods 

The total available THC, derived from the sum of the THC and THCA content, shall be

determined and reported on a dry weight basis. 

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

activities and evaluate Measurement of Uncertainty. The Measurement of Uncertainty 

shall be reported with test results. Laboratories shall meet the AOAC International
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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. Measurement of uncertainty (MU) must be estimated and 

reported with test results.

2) 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).

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

 

D. Test Results Exceeding 0.3% THC 

Any sample test result showing with at least 95% confidence that the THC content of the 

sample is higher than the Acceptable Hemp THC Level shall be conclusive evidence that one 

or more cannabis plants or plant products from the lot represented by the sample contain a 

THC concentration in excess of that allowed under the Act. If the results of a test conclude that 

the THC levels of a sample are conclusively higher than the Acceptable Hemp THC Level, the 

laboratory will promptly notify the Producer, the Commission and USDA or its authorized

agent.

E. Retest Procedures 

 Any licensed Producer may request that the laboratory retest samples if it is believed the 

original THC concentration level test results were in error. If this occurs, the laboratory shall 

follow the same procedures as described in paragraphs (A)-(C) above that were followed to 
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conduct the initial test. The licensee requesting the retest of the second sample will pay the 

cost of the test. The retest results shall be issued to the licensee requesting the retest and a copy 

shall be provided to the Commission and the USDA or its agent.

F. Information Sharing with USDA 

Laboratories performing THC testing for hempproduced under this program are required to 

share test results with the licensed Producer and the Commission. Laboratories may provide 

test results to the Commission and licensed Producers in whatever manner best aligns with 

their business practices, but the Commission and Producers must be able to produce a copy of 

test results. For this reason, providing test results to the Commission and Producers through a 

web portal or through electronic mail, so the Commission and the Producer will have ready 

access to print the results when needed, ispreferred.

SECTION 19 – PROCEDURES FOR DISPOSAL/DESTRUCTION OF NONCOMPLAINT CANNABIS PLANTS.

A. Non-Compliant Plant Destruction.

1) Cannabis plants exceeding the Acceptable Hemp THC Level constitute marijuana, a 

schedule 1 controlled substance under the Controlled Substances Act (CSA), 21 U.S.C. 

801 et seq., and must be disposed of in accordance with the CSA and DEA regulations.

2) When a hemp sample tests above the Acceptable Hemp THC Level, the material from the

production area which the sample represents must be destroyed by a person authorized 

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

authorized Federal, Tribal, State, or local law enforcement officer or their designee.

3) Producers must notify the Commission and USDA of their intent to dispose of nonconforming plants and verify disposal by submitting required documentation. This can be 

accomplished by either providing the Commission and the USDA with a copy of the 

documentation of disposal provided by the reverse distributor or with the “USDA Hemp 

Plan Producer Disposal Form.”

SECTION 20 – OTHER REQUIRED REPORTS FOR PRODUCERS

A. Other Required Reports

1) All licensed Producers shall report hemp crop acreage with FSA and shall provide, at a 

minimum, the following information:

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

greenhouse where hemp will be produced. If an applicant/Producer produces in more 

than one location, that information shall be provided for all production sites.

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

dedicated to the production of hemp.
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c) License or authorization identifier.

2) A licensed Producer shall submit to the Commission a completed report to the 

Commission annually detailing the total acreage of hemp planted, harvested, and if 

applicable, disposed. 

B. Test Results Report

Each Producer must ensure that the DEA-registered laboratory that conducts the test of 

the sample(s) from its lots reports the test results for all samples tested to USDA. The 

Test Results report shall contain the information described in this paragraph (2) for each 

sample tested:

a) Producer’s license or authorization identifier.

b) Name of Producer.

c) Business address of Producer.

d) Lot identification number for the sample.

e) Name and DEA registration number of laboratory.

f) Date of test and report.

g) Identification of a retest.

h) Test result. 

C. Failure to Submit Reports

A licensed Producer’s failure to submit an accurate and complete report that is required by 

the Commission or the USDA before the deadline established by the Commission or the 

USDA shall constitute grounds for the Commission to terminate the Producer licensing 

agreement and deny future applications for licensure.

SECTION 21 – TRANSPORTATION REQUIREMENTS

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

under this Ordinance must ensure that the following documentation accompanies the Hemp 

Crop at all times during transport: 

1) a copy of the Producer license that corresponds to the Location or Registered Land 

Area from which the Hemp originated;

2) a copy of the pre-harvest test results that correspond to the to the Harvest Lot in 

transit as identified by the Harvest Lot Identifier that accompanies the Hemp.

3) a copy of the transport manifest that includes all information required to be 

documented by the Commission or the Tribe.
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4) any other documentation that may be required by the Tribe, the Commission, or the 

USDA.

SECTION 22 – RESTRICTIONS ON SALE OR TRANSFER

A. Restrictions on Sale or Transfer.

1) A licensed Producer shall not sell or transfer, or permit the sale or transfer, of living 

plants, viable seeds, leaf material, or floral material to any person without prior approval 

by the Commission.

2) The Commission shall permit the sale or transfer of stripped stalks, fiber, dried roots, 

nonviable seeds, seed oils, floral and plant extracts (excluding THC in excess of the 

Acceptable Hemp TCH Level), and other marketable hemp products to members of the 

general public, if the marketable hemp product’s delta-9-THC level does not exceed the 

Acceptable Hemp THC Level.

3) A licensed Producer selling or transferring, or permitting the sale or transfer, of hemp, 

shall retain testing data or results for at least three (3) calendar years demonstrating that 

the delta-9-THC level is not more than the Acceptable Hemp THC Level.

4) Licensees shall comply with the federal Food Drug and Cosmetic Act, 21 U.S.C. Chapter 

9, and all other applicable federal laws and regulations relating to product development, 

product manufacturing, consumer safety, and public health.

SECTION 23 – OTHER PROHIBITED ACTIVITIES

A. Other Prohibited Activities.

1) A licensed Producer shall not plant or grow hemp on any site not listed in the Producer

licensing agreement.

2) A licensed Producer shall not allow unsupervised public access to hemp Lots, including 

activities such as a hemp maze.

3) A person shall not ship or transport, or allow to be shipped or transported, live hemp 

plants, cuttings for planting, or viable seeds from a variety that is currently designated by 

the Commission as a prohibited variety.

4) A person shall not ship or transport, or allow to be shipped or transported, any hemp 

product with a delta-9-THC concentration in excess of the Acceptable Hemp THC Level.

SECTION 24 – IMMEDIATE LICENSE SUSPENSION
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A. Immediate License Suspension.

1) The Commission shall immediately suspend a license, without an opportunity for a 

hearing, if the licensed person pleads guilty to, or is convicted of, any felony related to a 

controlled substance.

2) The Commission shall immediately suspend a license, without an opportunity for a 

hearing, if the licensed person or his or her agent admits to having made any false 

statement to the Commission or its representative or failed to comply with any instruction 

or order from the Commission, a representative of the Commission, or any tribal or 

federal law enforcement officer.

SECTION 25 – NEGLIGENT VIOLATIONS; CORRECTIVE ACTION PLANS 

A. Negligent Violations. Negligent Producer violations include, but are not limited to:

1) Failure to provide a legal description of land on which the Producer produces hemp;

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

3) Production of cannabis with a delta-9 tetrahydrocannabinol concentration exceeding the 

Acceptable Hemp THC Level. Hemp producers do not commit a negligent violation 

under this paragraph if they make reasonable efforts to grow hemp and the cannabis 

(marijuana) does not have a delta-9 tetrahydrocannabinol concentration/Acceptable 

Hemp THC Level of more than 0.5 percent on a dry weight basis.

4) Any other violation of this Ordinance, except for violations committed with a culpable 

mental state greater than negligence.

B. Corrective Action Plans for Negligent Violations.

1) A person who is found by the Commission to have negligently violated this Ordinance, 

or any statute or administrative regulation governing that person’s participation in the 

hemp program shall be subject to a corrective action plan.

2) Corrective action plans issued by the Commission shall include, at a minimum, the

following information:

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

b) A requirement for periodic reports from the person to the Commission about the

person’s compliance with the corrective action plan, statutes, and administrative 

regulations for a period of at least two (2) calendar years from the date of the 

negligent violation.

3) A hemp Producer that negligently violates this Ordinance or any tribal law or regulation 

regulating hemp, shall not as a result of that violation be subject to any criminal 

enforcement action by the Federal, State, Tribal or local government.
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4) A hemp Producer that negligently violates this Ordinance or any tribal law or regulation 

regulating hemp 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.

5) The Commission shall conduct an inspection to determine if the corrective action plan 

has been implemented as submitted.

SECTION 26 –VIOLATIONS WITH A CULPABLE MENTAL STATE GREATER 

THAN NEGLIGENCE

A. Mandatory Reports to Tribal and Federal Law Enforcement Agencies for Violations 

With a Culpable Mental State Greater Than Negligence.

1) A person who is found by the Commission to have violated this Ordinance, federal law, 

or any tribal administrative regulation governing that person’s participation in the hemp 

program with a culpable mental state greater than negligence shall be barred from 

participating in the Tribe’s Hemp Program for a minimum of five (5) years, and be 

subject to the requirements set forth in thissection.

2) The Commission shall immediately report a person who is found to have violated this 

Ordinance or any administrative regulation governing that person’s participation in the 

hemp program with a culpable mental state greater than negligence to the following law 

enforcement agencies:

a) The Attorney General of the United States; and 

b) The Chief of the Santee Sioux Nation Tribal Police Department.

3) Felonies. Any person convicted of a felony relating to a controlled substance under State, 

Tribal or Federal law within 10 years shall be ineligible to participate in the Tribe’s Hemp 

Program. 

a) An exception applies to a person who was lawfully growing hemp under the 2014 

Farm Bill before December 20, 2018 whose conviction also occurred before that 

date.

b) Any producer growing hemp lawfully with a license, registration or authorization 

under a pilot program authorized by section 7606 of the Agricultural Act of 2014 (7 

U.S.C. 5940) before October 31, 2019 shall be exempt from paragraph (3) of this 

Section.

c) For Producers that are entities, all Key Participants and persons with an ownership 

interest in the entity shall be considered to be participating in the plan and subject to 

the felony restriction for purposes of paragraph (3) of this Section. 
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d) Any person who materially falsifies any information contained in a Producer 

application to participate in the Santee Sioux Nation’s Hemp Program shall be 

ineligible to participate in the Santee Sioux Nation Hemp Program.

4) Civil Penalties. If the Commission receives information supporting a finding that it is more 

likely than not that a person has engaged in conduct violating a provision this Ordinance or 

the Tribe’s hemp Regulations, or the licensing agreement, with a culpable mental state 

greater than negligence, then the Commission shall be bar that person from participating in 

the Tribe’s Hemp Program for a minimum of five (5) years, and may further assess a 

monetary civil penalty not to exceed $2,500 per violation.

SECTION 27 - HEARINGS ON VIOLATIONS

A. Hearings; Consequences.

1) Upon receiving information that a Producer has violated this Ordinance, any federal law, 

or any tribal administrative regulation governing that person’s participation in the hemp 

program, the Commission shall provide reasonable notice to the Producer of the date 

when a hearing will occur to determine if a violation has occurred.

2) Hearings shall be open to the tribal membership.

3) The Producer shall appear in person at the assigned hearing time. Failure to appear on 

time shall constitute a waiver of the person’s right to present information and arguments 

that a violation has not occurred.

4) A representative of the Commission shall be allowed an opportunity to present 

information and arguments regarding the alleged violation.

5) The Producer shall allowed an opportunity to present information and arguments.

6) If the Commission finds that it is more likely than not that a Producer negligently violated 

this Ordinance, any federal law, or any tribal administrative regulation governing that

person’s participation in the hemp program, the provisions of Section 25 of this 

Ordinance shall apply.

7) If the Commission determines that it is more likely than not that a Producer violated this 

Ordinance, federal law, or any tribal administrative regulation governing that person’s 

participation in the hemp program with a culpable mental state greater than negligence, 

then Section 26 of this Ordinance shall apply, and the person shall be barred from 

participation in the Tribe’s Hemp Program in any capacity for a minimum period of five 

(5) years.

8) If the Commission determines that no violation has occurred, the proceedings shall be 

dismissed.
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9) Decisions of the Commission pursuant to this Section are subject to review by the Tribal 

Council pursuant to Section 4(K) of this Ordinance.

SECTION 28 – COMMISSION REPORTS TO THE USDA

A. Hemp Producer Report.

The Commission shall collect, maintain and report to the Secretary relevant, real-time 

information for each producer licensed or authorized to produce hemp under this Ordinance

as set forth in this Section, and shall submit to USDA, by the first of each month, a report 

providing the contact information and the status of the license or other authorization issued 

for each Producer covered under this Ordinance. If the first of the month falls on a weekend 

or holiday, the report is due by the first business day following the due date. The report 

shall be submitted using a digital format compatible with USDA’s information sharing 

systems, whenever possible. The report shall contain the information described in this 

Section.

1) Producer Information.

a) For each new Producer who is an individual and is licensed or authorized under

this Ordinance, the report shall include full name of the individual, license or 

authorization identifier, business address, telephone number, and email address (if 

available).

b) For each new Producer that is an entity and is licensed or authorized under this 

Ordinance, the report shall include full name of the entity, the principal business 

location address, license or authorization identifier, and the full name, title, and 

email address (if available) of each employee for whom the entity is required to 

submit a criminal history record report.

c) For each Producer that was included in a previous report and whose reported 

information has changed, the report shall include the previously reported 

information and the new information.

2) Location Information. 

a) A legal description of the land on which the producer will produce hemp in the 

Territory of the Tribe including its geospatial location.

3) The status and number of each Producer’s license or authorization.

4) The period covered by the report.

5) The information set forth in Section 20(A)(2) of this Ordinance.

6) Indication that there were no changes during the current reporting cycle, if applicable.
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B. Report of Occurrence of Cannabis Plants or Plant Material that do not Meet the 

Definition of Hemp. 

The Commission shall promptly notify the Administrator by certified mail or electronically 

of any occurrence of cannabis plants or plant material that do not meet the definition of 

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

and materials in the lot from which the representative samples were taken. 

C. Hemp Disposal Report

If a Producer has produced cannabis exceeding the Acceptable Hemp THC Level, the 

cannabis must be disposed of in accordance with the Controlled Substances Act and DEA 

regulations. The Commission shall submit to USDA, by the first of each month, a report 

notifying USDA of any occurrence of non-conforming plants or plant material and 

providing a disposal record of those plants and materials. This report would include 

information regarding name and contact information for each Producersubject to a disposal 

during the reporting period, and date disposal was completed. If the first of the month fall 

on a weekend or holiday, reports are due by the first business day following the due date. 

The report shall contain the information described in this paragraph (7).

a) Name and address of the Producer.

b) Producer license or authorization identifier.

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

location or other location descriptor for the production area subject to 

disposal.

d) Information on the agent handling the disposal.

e) Disposal completion date.

f) Total acreage.

D. Annual Reports

The Commission shall submit an annual report to USDA. The Report form shall be submitted 

by December 15 of each year and contain the information described in this paragraph (D).

1) Total planted acreage.

2) Total harvested acreage.

3) Total acreage disposed.

SECTION 29 –COMMISSION TO RETAIN INFORMATION ABOUT GROWING 

LOCATIONS
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A. Commission to Retain Information About Growing Locations.

1) The Commission shall collect and retain for a period of at least three years, the legal 

description, geospatial location, and Location ID information for every site or location 

where the Tribe has approved hemp to begrown.

SECTION 30 – REGULATIONS

A. Regulations.

1) Any regulations promulgated or required in accordance with this Ordinance shall comply 

with federal law and be submitted to Tribal Council for approval. 

SECTION 31– SAVINGS CLAUSE

A. Savings Clause.

1) To the extent that federal law imposes any requirements for the tribal growing, 

processing, handling, transporting, or regulation of hemp that are inconsistent with the 

provisions of this Ordinance, federal law shall apply, and this Ordinance shall be 

amended to comply with any present or future requirements imposed by federal law 

related to hemp.

2) In the event that any phrase, provision, part, paragraph, subsection or section of this 

Ordinance is found by a court of competent jurisdiction to violate the Constitution or 

laws of the Tribe or any federal law, such phrase, provision, part, paragraph, subsection 

or section shall be considered to stand alone and to be deleted from this Ordinance, the 

entirety of the balance of this Ordinance shall remain in full and binding force and effect.

SECTION 32 – EFFECTIVE DATE

A. Effective Date.

1) This Ordinance shall be effective upon the enactment by the Tribal Council and approval 

of the Tribe’s Industrial Hemp Plan by the Secretary of the United States Department of 

Agriculture or his designee.