TONTO APACHE TRIBE HEMP CULTIVATION PLAN

TABLE OF CONTENTS

Page 

Section #1 – Authorized Contact ..................................................................................................1 

Section #2 – Definitions................................................................................................................1 

Section #3 – Regulation of Hemp Cultivation ..............................................................................3 

Section #4 – Hemp Cultivation License .......................................................................................4 

Section #5 – Inspections ...............................................................................................................6 

Section #6 – Sampling Testing and Harvesting ............................................................................7 

Section #7 – Reports .....................................................................................................................9 

Section #8 – Violations ............................................................................................................... 11

Hemp Program Certification ......................................................................................................13 
Page 1 of 15

TONTO APACHE TRIBE

HEMP CULTIVATION PLAN

Section # 1 – Authorized Conduct: 

The Tonto Apache Tribe authorizes Hemp cultivation and establishes primary regulatory authority 

over Hemp cultivation within the Territory of the Tonto Apache Tribe. 

Section # 2 – Definitions: 

As used in this Plan, unless the context otherwise requires, the term: 

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

report the total delta-9 tetrahydrocannabinol content concentration level on a dry 

weight basis and the measurement of uncertainty. The Acceptable Hemp THC 

Level for the purpose of compliance with the requirements of this hemp plan is 

when the application of the measurement of uncertainty to the reported total delta9 tetrahydrocannabinol content concentration level on a dry weight basis produces 

a distribution or range that includes 0.3% or less. For example, if the reported total 

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

0.35% and the measurement of uncertainty is +/-0.06%, the measured total delta-9 

tetrahydrocannabinol content concentration level on a dry weight basis for this 

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

range, the sample is within the Acceptable Hemp THC Level for the purpose of 

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 Bill nor the 

definition of “marihuana,” 21 U.S.C. 802(16), in the Controlled Substances Act. 

(b) “AMS” means the United States Department of Agriculture Agricultural Marketing 

Service.

(c) “Business day” means any calendar day except Saturday, Sunday, and any federal 

holiday. 

(d) “DEA” means the U.S. Drug Enforcement Administration. 

(e) “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. 

(f) “FSA” means the United States Department of Agriculture Farm Service Agency.

(g) “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 total delta-9 tetrahydrocannabinol 
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concentration of not more than three-tenths of one percent (0.3%) on a dry weight 

basis.

(h) “Key Participant” is a person or persons who have a direct or indirect financial 

interest in the entity cultivation of Hemp, such as an owner or partner in a 

partnership. A Key Participant also includes individuals in a corporate entity at 

executive levels including chief executive officer, chief operating officer and chief 

financial officer. This does not include management such as farm, field, or shift 

managers. 

(i) “License” means the official and legal privilege and authority, granted by the 

Commission to a Licensee to engage in the cultivation of Hemp. A License is a 

revocable privilege and not a vested right

(j) “Licensee” means any person licensed by the Commission to engage in cultivation 

of Hemp.

(k) “Lot” means a contiguous area in a field, greenhouse, or indoor growing structure 

containing the same variety or strain of cannabis throughout. In addition, “Lot” is 

a common term in agriculture that refers to the batch or contiguous, homogeneous 

whole of a product being sold to a single buyer at a single time. The term “Lot” 

also means the terms “farm”, “tract”, “field”, and “subfield” as these are used by 

the FSA. Under the terms of this Plan, “Lot” is to be defined by the Licensee in 

terms of farm location, field acreage, and variety (i.e., cultivar) and to be reported 

as such to the FSA. 

(l) “Sampling Agent” means an agent of the Commission trained to take samples of 

Hemp for testing and regulatory purposes.

(m) “Secretary” means the Secretary of Agriculture.

(n) “Territory” means (i) all land within the limits of the Tonto Apache Reservation

held in trust under the jurisdiction of the United States Government, 

notwithstanding the issuance of any patent, including rights-of-way running 

through the Tonto Apache Reservation; (ii) all dependent Indian communities 

within the borders of the United States whether within the original or subsequently 

acquired territory thereof, and whether within or without the limits of a state; (iii) 

all Indian allotments, the Indian titles to which have not been extinguished, 

including rights-of-way running through the same; and (iv) any lands title to which 

is either held in trust by the United States for the benefit of the Tonto Apache Tribe

or held by the Tonto Apache Tribe subject to restriction by the United States against 

alienation and over which the Tonto Apache Tribe exercises jurisdiction.

(o) “THC” means delta-9- tetrahydrocannabinol concentration (the primary 

intoxicating component of cannabis).
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(p) “USDA” means the United States Department of Agriculture.

Section # 3 – Regulation of Hemp Cultivation: 

(a) Establishment. The Tribal Council hereby establishes the Tonto Apache Tribe

Hemp Commission (“Tribal Hemp Commission”) as a governmental subdivision 

of the Tribe, charged with implementation, administration, regulation, and 

enforcement of Hemp cultivation. 

(b) Tribal Hemp Commission Membership. The Tribal Hemp Commission shall be 

governed by the Agent(s) appointed by the Council pursuant to the Tribal 

Consumer Financial Services Regulatory Ordinance Section 4.8 (a). 

(c) Powers. The Commission may exercise the following powers to properly regulate 

Hemp cultivation:

(1) conduct random inspections of Licensees pursuant to Section 5 to ensure 

compliance with the laws of the Tonto Apache Tribe and applicable federal 

laws; or 

(2) propose regulations to the Tribal Council necessary to carry out the 

implementation of this Plan.

(d) Duties. The Commission shall:

(1) draft applications pursuant to Section 4(b); 

 (2) assign Licenses pursuant to Section 4(d); 

(3) conduct an annual inspection of, at a minimum, a random group of

Licensees pursuant to Section 5 to verify that Hemp is not produced in 

violation of this Plan; 

 (4) sample Hemp pursuant to Section 6(a); 

(5) conduct testing pursuant to Section 6(b); 

(6) maintain records received from applicants under Section 4(c) for at least 

three (3) years; 

(7) maintain investigation findings pursuant to Section 5 for at least three (3) 

years;

(8) maintain all reports submitted by Licensee pursuant to Section 4(f) for at 

least three (3) years; 
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(9) draft and submit the Licensee Report pursuant to Section 7(a) to USDA in 

a digital format prior to the first Business Day of each month; 

(10) submit the Hemp Disposal Report received by Licensee pursuant to Section 

7(b) to USDA in a digital format prior to the first Business Day of each 

month; 

(11) promptly notify USDA by certified mail or electronically of any final Test 

Results Report received under Section 4(f)(3); 

(12) draft and submit the Annual Report to USDA prior to December 15 pursuant 

to Section 7(d); 

(13) receive information under Section 7(e) from Licensee and submit it to the 

USDA within thirty (30) days of receipt and in a format compatible with 

USDA’s information sharing systems; 

(14) establish a Corrective Action Plan pursuant to Section 8(a)(2); 

(15) conduct annual inspections pursuant to Section 5 of a random group of 

Licensees to verify that Hemp is not produced in violation of this Plan; 

(16) conduct inspections of Licensees who negligently violated this Plan; and

(17) provide notice required under Section 8(b) for violations where Licensee 

had a culpable mental state greater than negligence. 

(18) Establish Tribal training procedures to certify Sampling Agents. 

Section # 4 – Hemp Cultivation License: 

(a) License Required. Any person Cultivating or intending to Cultivate Hemp within 

the Territory shall first obtain a License from the Commission. 

(b) Application Contents. The Application shall include: 

(1) contact information of the applicant including their full legal name, mailing 

address, telephone number, and email address;

(2) contact information for business entity applicants including the full legal 

name of the entity, address for principal place of business, and the job title 

for each Key Participant, the full legal name of each Key Participant, EIN 

number for each Key Participant, and email address for each Key 

Participant;

(3) location of where Hemp will be Cultivated including street address, legal 

description of land, geospatial location for each Lot, and the acreage number 

or greenhouse square footage dedicated to Hemp cultivation; and 
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(4) a current Federal Bureau of Investigation Identity History Summary 

(“Criminal History Report”) dated within sixty (60) days of submission of 

the application for each individual applicant and the Key Participant(s) of 

each business entity applicants. 

(c) Application. 

(1) Any person may submit an application to the Commission. The application 

will be used for both new applicants and Licensees seeking renewal of their 

License. 

(2) Any applicants who materially falsifies any information in the application 

shall be automatically deemed ineligible to participate as a Licensee.

(d) Issuance of License. 

(1) Licenses shall be valid until December 31 three (3) years after the License 

was issued.

(2) A License is a revocable privilege to conduct Hemp cultivation from within 

the Territory. 

(3) Licenses are non-transferable or assignable unless approved in writing by 

the Commission. 

(4) Licenses must be provided in a format prescribed by the USDA. 

(e) Eligibility. Any person convicted of a felony relating to a controlled substance 

within any jurisdiction of the United States of America before, on or after the date 

of the enactment of this Plan shall be ineligible to receive a License under Section 

4(d), during the ten (10) year period following the date of the conviction unless the 

person was lawfully growing Hemp under the 2014 Farm Bill before December 20, 

2018 and whose felony conviction occurred before December 20, 2018. 

(f) Duties of Licensee. Licensees shall:

(1) provide fifteen (15) days notice to the Commission of harvest date to 

schedule sampling as required under 6(a)(1); 

(2) attend investigations and sampling of Hemp conducted by Commission or 

cause an authorized representative of Licensee to be present during an 

investigation or sampling; 

(3) promptly send the Commission the final Test Results Report received 

pursuant to Section 6(b)(11);

(4) dispose of Lot if testing indicates Hemp that contains higher than the 

Acceptable Hemp THC Level in accordance with the Controlled Substances 
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Act and DEA regulations found at 21 CFR 1317.15. Disposal must be 

conducted by a DEA registered reverse distributor or Tribal Law 

Enforcement, who will then provide the Commission with written 

verification of the disposal;

(5) create and promptly send Commission the Hemp Disposal Report pursuant 

to Section 7(b); 

(6) maintain records regarding acquisition of Hemp for at least three (3) years;

(7) maintain records regarding cultivation and handling of Hemp for at least 

three (3) years; 

(8) maintain records regarding storage of Hemp for at least three (3) years;

(9) maintain records of all Test Results Reports received pursuant to Section 

6(b)(11) for at least three (3) years;

(10) maintain records of all Hemp Disposal Reports created pursuant to Section 

7(b) for at least three (3) years; 

(11) prepare and submit information required under Section 7(e) to the 

Commission each month; 

(12) make all records and reports available for inspection by the Commission;

(13) bear any costs associated with Section 4(f) and Section 6;

(14) provide Commission 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 cultivation, handling or 

storage, and all locations listed in the Licensee’s license; and

(15) prepare and submit the following information to FSA each month:

I. street address and, to the extent practicable, geospatial location for 

each lot or greenhouse where hemp will be produced. If a Licensee

operates in more than one location, that information shall be 

provided for all production sites.

II. Hemp crop acreage;

III. total acreage of Hemp planted, harvested, and disposed of;

IV. acreage dedicated to the production of hemp, or greenhouse or 

indoor square footage dedicated to the production of Hemp; and 

V. License or authorization identifier.
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Section # 5 – Inspections: 

Inspections may include random sampling and testing by the Commission pursuant to Section 6 to 

determine Hemp compliance with the Plan. Commission inspections shall be conducted on a 

Business Day during normal business hours. All samples collected by the Commission become 

the property of the Tonto Apache Tribe and no compensation by the Tonto Apache Tribe or the 

Commission is required. Licensees do not have a reasonable expectation to privacy with respect 

to buildings or sites where Hemp is located. Inspections shall be conducted at least annually. The 

Commission shall have the authority to conduct such random inspections of Licensees, all lots, 

and of individuals reported to be growing Hemp in an unlicensed area. 

Section # 6 – Sampling, Testing and Harvesting: 

(a) Sampling. The sampling process shall be conducted as follows: 

(1) within thirty (30) days prior to the anticipated harvest date, the Commission

shall have a sampling agent collect samples from the flower material of 

Hemp for delta-9 tetrahydrocannabinol concentration level testing. 

Licensees may only collect samples from their own growing facilities for 

informal sampling; 

(2) the sampling agent shall be provided complete and unrestricted access 

during business hours to all Hemp and other cannabis plants (whether 

growing or harvested), to areas where Hemp is grown or stored, and to all 

land, buildings, or other structures used for the cultivation, handling, or 

storage of all Hemp and other cannabis plants, and all locations listed in the 

Licensee’s license;

(3) samples shall be obtained from the flowering tops of the plants when 

flowering tops are present, and shall be approximately five (5) to eight (8) 

inches in length from the “main stem” (that includes the leaves and flowers), 

“terminal bud” (that occurs a the end of a stem), or “central cola” (cut stem 

that could develop into a bud) of the flowering top of a plant; 

(4) samples of Hemp from one lot shall not be commingled with Hemp from 

other lots; 

(5) for lots ten (10) acres or smaller samples shall be obtained from a minimum 

of one (1) plant per acre of the total acreage of the lot then combined to 

form a composite sample; 

(6) for lots larger than ten (10) acres, including greenhouses, the number of 

plants that should be selected to form a composite sample shall be based 

upon Codex Alimentarius Recommended Methods of Sampling for 

Determination of Pesticide Residues for Compliance with MRLS CAC/GL 

33-1999. 
Page 8 of 15

(7) the sampling agent shall take all reasonable steps to ensure that a sample is 

collected that represents a homogenous composition of the lot by avoiding 

edges and thoroughfares; 

(8) the Licensee of designated employee should be present throughout the 

sampling process, if possible; 

(9) the Commission must certify the sampling agent used the standard sampling 

method used for sampling the flower material of the Hemp and that such 

method represents a homogeneous composition of the Lot and was 

sufficient at a confidence level of 95% that no more than 1% of the Hemp

in the Lot would exceed the Acceptable Hemp THC Level; and 

(10) the Commission shall transport sample to a DEA registered laboratory. 

(b) Testing. Testing shall be conducted by a DEA registered laboratory as follows: 

(1) completed using post-decarboxylation where the total THC concentration 

level reported accounts for the conversion of Delta-9 Tetrahydrocannabinol 

acid (“THCA”) into THC and reported by the DEA registered testing 

laboratory on a Dry Weight Basis; 

(2) testing methodologies meeting the requirements of this paragraph include

gas or liquid chromatography with detection; 

(3) laboratory quality assurance must ensure the validity and reliability of test 

results;

(4) analytical method selection, validation, and verification must ensure that the 

testing method used is appropriate (fit for purpose) and that the laboratory 

can successfully perform the testing; 

(5) the demonstration of testing validity must ensure consistent, accurate 

analytical performance; 

(6) method performance specifications must ensure analytical tests are 

sufficiently sensitive for the purposes of the detectability requirements of 

this Plan; 

(7) measurement of uncertainty shall be estimated and reported with test 

results;

(8) laboratories shall use appropriate, validated methods and procedures for all 

testing activities and evaluations of measurement of uncertainty; 
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(9) any laboratory used under this Section of the Plan must have an effective 

destruction procedure in accordance with 21 C.F.R. § 1317.15 for samples 

that exceed the Acceptable Hemp THC Level;

(10) Sample preparation of pre- or post-harvest samples shall require grinding of 

sample to ensure homogeneity of plant material prior to testing; 

(11) DEA registered laboratory shall ensure results are sent to Licensee; 

(12) Licensee may request additional testing if it is believed test results were in 

error; 

(13) Laboratories shall only submit final test results used to determine 

compliance with this Plan to the Commission and the USDA through the 

laboratory’s online HeMP account; and

(14) Licensees may have informal testing done on samples at any time. Informal 

testing results may not be used to determine the Acceptable Hemp THC 

level. Test results from informal testing throughout the growing season 

shall not be reported to the Commission. 

(c) Harvesting. A harvest must occur no later than thirty (30) days from when a sample 

pursuant to this Plan was collected. If a harvest does not occur within thirty (30) 

days of the sample, a second pre-harvest sample of the Lot must undergo testing. 

Harvested Lots may not be commingled with other harvested Lots or other material

until a compliant test result is received. A harvest of any cannabis may not occur 

prior to samples being taken. Any Hemp grown in a lot where the Acceptable 

Hemp THC Level is noncompliant may not be processed or enter the stream of 

commerce and must be handled pursuant to Section 4(f)(4). 

Section # 7 – Reports: 

(a) Licensee Report. The Licensee Report shall include:

(1) full name of individual Licensee; 

(2) full name of entity Licensee;

(3) full name of entity Key Participants;

(4) position title of Key Participants; 

(5) License number;

(6) legal description or geospatial location of location where Hemp is being 

produced; 
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(7) EIN number for each Key Participant;

(8) telephone number and email address for each Key Participant;

(9) updated information from previous Licensee Report’s 

(10) status of each Licensee’s license; 

(11) time period covered by each Licensee Report;

(12) indication of whether reporting cycle did not contain any changes. 

(b) Hemp Disposal Report. The Hemp Disposal Report shall include: 

(1) name and address of Licensee;

(2) License number;

(3) location information, such as Lot number, legal description, location type, 

and geospatial location or other valid land descriptor for the production area 

subject to disposal; 

(4) total acreage or greenhouse square footage;

(5) information on the agent handling the disposal; 

(6) date of the completion of disposal; 

(7) signature of the Licensee; 

(8) Commission agent certification of the completion of the disposal. 

(c) Test Results Report. The Test Results Report shall include: 

(1) name and address of Licensee;

(2) License number;

(3) location information, such as legal description, location type, and geospatial 

location; 

(4) Lot number for where sample was taken;

(5) Name and DEA registration number of the laboratory; 

(6) general information identifying that the Hemp that is the subject of the 

certificate of analysis is the product of a sample tested by the DEA 

registered laboratory;
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(7) the date the Hemp was sampled, the date testing was performed, and 

methodology used to analyze the sample; 

(8) the THC concentration contained in the test sample; and 

(9) a statement indicating whether the sample contained a THC concentration 

of not more than the Acceptable Hemp THC Level. 

(d) Annual Report. The Annual Report shall include: 

(1) total Hemp acreage or greenhouse square footage planted by all Licensees;

(2) total Hemp acreage or greenhouse square harvested by all Licensees;

(3) total amount of Hemp disposed of by all Licensees. 

(e) Information Sharing Report. The Information Sharing Report shall include: 

(1) location information, such as street address, Lot number, legal description, 

location type, and geospatial location; 

 (2) License number issued to Licensee by Commission; and

 (3) acreage or greenhouse square of Hemp planted; 

 (4) acreage or greenhouse square footage amount of Hemp harvested; 

 (5) acreage or greenhouse square footage of Hemp disposed of. 

Section # 8 – Violations: Violations shall be subject to enforcement in accordance with this 

Section 8. 

(a) Negligent Violations. Licensees shall not receive more than one negligent violation 

per growing season. 

(1) A Licensee is subject to enforcement for negligently: 

I. failing to provide an accurate legal description of land on which 

Licensee Cultivates Hemp;

II. failing to obtain or renew a License from the Commission; or 

III. producing Cannabis sativa L. with a THC concentration of more 

than the Acceptable Hemp THC Level, unless the Licensee made a 

reasonable attempt to grow Hemp and the THC level did not exceed 

1.0 percent on a Dry Weight Basis.
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(2) If a Licensee committed a negligent violation pursuant to Section 8(a)(1), 

the Licensee shall comply with the terms of a Corrective Action Plan, which 

at a minimum shall:

I. provide a reasonable date by which the Licensee must correct the 

Negligent violation 

II. include steps required by the Commission to correct each negligent 

violation; and 

III. require the Licensee to provide a description of procedures to the 

Commission demonstrating compliance with the Corrective Action 

Plan;

IV. be in place at a minimum for two (2) years; and 

V. Require the Licensee to periodically report to the Commission on its 

compliance with the Hemp Plan and the Corrective Action Plan for 

no less than two (2) years form the date of the negligent violation. 

(3) A Licensee that negligently violates this Plan according to Section 8(a)(1) 

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

action by the federal government or any state government or the Tonto 

Apache Tribe. 

(4) If a Licensee commits a subsequent violation while the Corrective Action 

Plan is still in effect, the Commission shall require the Licensee to maintain 

a heightened level of quality control, require staff training and take 

quantifiable action measures. 

(5) A Licensee that negligently violates this Plan according to Section 8(a)(1) 

three (3) times in a five (5) year period shall have their License revoked and 

be ineligible to cultivate Hemp within the jurisdiction of the Tonto Apache 

Tribe for a period of five (5) years beginning on the date of the third 

violation. 

(b) Commission Inspection. The Commission shall conduct an inspection to determine 

if the Corrective Action Plan has been implemented as submitted. 

(c) Culpable Mental State Greater than Negligence. If the Commission determines that 

a Licensee has violated this Plan with a culpable mental state greater than 

negligence, the Commission shall immediately report the Licensee to:

(1) the United States Attorney General; and

(2) the local law enforcement of Gila County. 
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Section 8(a) does not apply to violations where the Licensee has a culpable mental 

state greater than negligence. 

TRIBAL HEMP COMMISSION

HEMP PROGRAM CERTIFICATION

I hereby certify that the Tribal Hemp Commission, a regulatory subdivision of the Tonto Apache Tribe, 

created to regulate hemp, has the resources and personnel necessary to carry out the practices and 

procedures described in the Tonto Apache Tribe Hemp Regulatory Plan in accordance with Section 

297(B)(a)(2) of the Agriculture Improvement Act of 2018 and regulations promulgated thereunder.
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Date: ___________

Respectfully,

________________________

Calvin Johnson, Chairman

Tonto Apache Tribe