THE CONFEDERATED TRIBES AND BANDS OF THE 

YAKAMA NATION 

HEMP REGULATORY CODE 

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Table of Contents 

PART I. GENERAL PROVISIONS................................................................................... 1 

Regulation 1. .010 Short Title......................................................................... 1 

Regulation 1.10.020 Findings and Purpose...................................................... 1 

Regulation 1.10.030 Scope and Authority......................................................... 1 

Regulation 1.10.040 Industrial Hemp Authorized as an Agricultural 

Crop................................................................................... 1 

Regulation 1.10.050 Jurisdiction....................................................................... 1

Regulation 1.10.060 Sovereign Immunity......................................................... 2 

PART II. OVERSIGHT, AUTHORITY, AND THE AGRICULTURE OFFICE............... 2 

Regulation 1. .010 Roads, Irrigation, and Land Committee......................... 2 

Regulation 1.20.020 Agriculture Office Duties and Authority........................ 2 

PART III. HEMP LICENSING............................................................................................ 2 

Regulation 1. .010 General............................................................................. 2 

Regulation 1.30.020 License Applications........................................................ 2 

Regulation 1.30.030 Grow Site Registration Application................................ 4 

Regulation 1.30.040 Terms and Conditions of Acknowledgment.................... 4 

Regulation 1.30.050 Tribal Members and Tribal Corporations....................... 5 

Regulation 1.30.060 License Term.................................................................... 5

Regulation 1.30.070 Annual Renewal............................................................... 5

Regulation 1.30.080 Ineligible for a License..................................................... 5 

Regulation 1.30.090 Revocation of License....................................................... 6

Regulation 1.30.100 Fees................................................................................... 6

Regulation 1.30.110 Compliance and Enforcement.......................................... 6 

PART IV. REGISTERED LAND AREA CONTROLS........................................................ 7 

Regulation 1. .010 Land Use Restrictions and Site Modification................. 7 

Regulation 1.40.020 Location; Restrictions...................................................... 7 

PART V. TRANSPORTATION........................................................................................... 7 

Regulation 1. .010 Transportation................................................................. 7 

PART VI. RECORDS AND REPORTS................................................................................ 8 

Regulation 1. .010 Agriculture Office Reports............................................... 8 

Regulation 1.60.020 Retention.......................................................................... 8

Regulation 1.60.030 Privacy Protections.......................................................... 9 

Regulation 1.60.040 Reporting to the USDA.................................................... 9 

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Regulation 1.60.050 Hemp Producer/Licensee Recordkeeping and 

Reporting........................................................................ 10 

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

DISPOSAL......................................................................................................... 11 

Regulation 1.70.010 General Inspections....................................................... 11 

Regulation 1.70.020 Lab Accreditation........................................................... 11 

Regulation 1.70.030 Procedure for Sampling and Testing............................. 12 

Regulation 1.70.040 Methods for Sampling and Testing............................... 12 

Regulation 1.70.050 Compliance Sampling and Testing Prior to

Harvest........................................................................... 13 

Regulation 1.70.060 Post-Testing Procedures................................................ 14 

Regulation 1.70.070 Federal Notice Required for Non-Compliant Test

Results............................................................................ 15 

Regulation 1.70.080 Remediation and Disposal of Non-Compliant

Plants.............................................................................. 15 

PART VIII. LICENSE VIOLATIONS.................................................................................. 17 

Regulation 1.80.010 Negligent License Violations......................................... 17 

Regulation 1.80.020 Repeat Negligent Violations.......................................... 18 

Regulation 1.80.030 Other Violations............................................................. 18 

Regulation 1.80.040 Revocations, Suspensions, Penalties, and

Civil Enforcement.......................................................... 18 

PART IX. MISCELLANEOUS........................................................................................... 19 

Regulation 1.90.010 Taxes and Fees............................................................... 19 

Regulation 1.90.020 Restrictions on Cannabis............................................... 19 

Regulation 1.90.030 Hemp Seeds.................................................................... 19 

Regulation 1.90.040 Transfer, Sale, and Purchase of Hemp......................... 20 

Regulation 1.90.050 Other Licenses and Business Requirements................ 20 

PART X. DEFINITIONS................................................................................................... 20 

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PART I. GENERAL PROVISIONS 

Regulation 1.10.010 Short Title 

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

Regulation 1.10.020 Findings and Purpose 

The Yakama Nation has decided to open lands within its jurisdiction to the cultivation, 

processing, and distribution of Hemp. 

Regulation 1.10.030 Scope and Authority 

A. The Yakama Nation shall have rulemaking, regulatory, and taxing authority over 

the commerce of, including but not limited to, the growth, cultivation, processing, 

marketing, production, and sale, of Hemp within its Territorial Boundaries by any 

Persons. 

B. The regulations and penalties imposed by this Hemp Regulatory Code (the “Code”) 

extend to any Person within the Yakama Nation’s Jurisdiction, whether Licensed or 

not. 

C. Nothing in this Hemp Regulatory Code shall be construed to limit the jurisdiction of 

the Yakama Nation, the Tribal Court, or the Tribal Police. 

Regulation 1.10.040 Industrial Hemp Authorized as an Agricultural 

Crop 

Hemp (also known as “Industrial Hemp”) that has no more than 0.3 percent 

Tetrahydrocannabinol (“THC”) is considered an agricultural crop within the Territories of 

the Yakama Nation. The Yakama Nation authorizes the possession, cultivation, 

transportation, production and use of Industrial Hemp within the Territories of the 

Yakama Nation when those activities are licensed by the Yakama Nation and conducted in 

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

Regulation 1.10.050 Jurisdiction 

A. Territories of the Yakama Nation. For the purposes of the Code, Territories of the 

Yakama Nation includes all lands within the exterior boundaries of the Yakama 

Reservation; all Yakama Nation allotments, located both on and off the Yakama 

Reservation that still possess an Indian title; and, any lands, both on and off the 

Yakama Reservation, title to which is either held in trust by the United States for 

the benefit of the Yakama Nation, or its members, which remain subject to 

restriction against alienation and over which the Yakama Nation exercises 

jurisdiction. 

B. Consensual relations among non-Indians, the Yakama Nation, and enrolled 

members of the Yakama Nation or any other federally recognized tribe. Any Person 

who uses land anywhere within the Territories of the Yakama Nation and any 

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Person who enters into agreements or understandings with the Yakama Nation or 

its members and residents by commercial dealings, contracts, leases, licenses, 

permits, intergovernmental agreements, or other arrangements, commercial or 

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

Yakama Nation or its members and shall be subject to the regulatory and 

adjudicatory jurisdiction of the Yakama Nation. 

Regulation 1.10.060 Sovereign Immunity 

Nothing in this Hemp Regulatory Code shall be construed to waive, alter, or otherwise 

diminish the Yakama Nation’s Sovereign Immunity, whether expressed or implied, by 

virtue of this Code for any and all administrative or legal action which may arise directly or 

indirectly from the same; nor does the Yakama Nation waive, alter, or otherwise diminish 

its rights, privileges, remedies or services guaranteed by the Treaty of 1855. 

PART II. OVERSIGHT, AUTHORITY, AND THE AGRICULTURE OFFICE 

Regulation 1.20.010 Roads, Irrigation, and Land Committee 

The Roads, Irrigation, and Land Committee (the “RIL Committee”) shall serve as the 

oversight committee for the purposes of this Code. 

Regulation 1.20.020 Agriculture Office Duties and Authority 

The RIL Committee shall establish such terms and conditions of the Agriculture Office as it 

sees fit in accordance with Yakama Nation Law. 

With approval of the RIL Committee, the Agriculture Office shall have the complete and 

full authority necessary to fulfill its responsibilities under this Code, including but not 

limited to licensing, inspection, sampling, testing, regulation, fee scheduling, taxation, and 

enforcement. The Agriculture Office shall also have full authority to designate new 

positions and establish subordinate departments as necessary and with approval of the RIL

Committee. 

PART III. HEMP LICENSING 

Regulation 1.30.010 General 

Any Person or Entity that would like to grow, Cultivate, process, manufacture, produce, 

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

emanating from, the Territories of the Yakama Nation shall complete a license application, 

annually, prior to any Hemp Activity. The Agriculture Office may choose to tailor licenses 

differently for Hemp Producers, Hemp Processors, and Hemp Sellers. 

Regulation 1.30.020 License Applications 

The Applicant shall submit to the Agricultural Office a signed, complete, accurate and 

legible application form provided by the Agriculture Office at least thirty (30) days prior to 

planting Hemp. The application shall include the following information: 

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

and email address; 

BUSINESS ENTITY. If the Applicant represents a business Entity: the full legal 

entity name of the business; the business location address on the Yakama Nation’s 

Reservation; full name, title, and email addresses of the Key Participants; Employer

Identification Number (“EIN”) of the business Entity; the full name of the Applicant 

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

of the Person with signing authority; 

BACKGROUND CHECK. A completed criminal background check report for the 

Applicant on a form determined by the Agriculture Office demonstrating that the 

Applicant does not have any disqualifying felony drug convictions pursuant to 

Section 1.30.080 of this Code; 

approval of the RIL Committee. 

i. All Applicants are required to provide any and all information necessary to 

the Agriculture Office for the purpose of obtaining a current criminal history 

check. 

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

not have any felony conviction relating to a Controlled Substance under state,

tribal, or federal law for the previous ten (10) years. 

iii. The Agriculture Office shall review the criminal history report for each 

Applicant to determine whether the felony ban applies. 

iv. When an Applicant is a business Entity, the Applicant shall submit, and the 

Agriculture Office shall review, a criminal history report for each Key 

Participant in the business. 

v. The Agriculture Office may determine the appropriate method for obtaining 

the criminal history report for Applicants under this Code. 

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

Controlled Substances under state, tribal, and federal law to the Agriculture

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

FEE. The Annual Application Fee will be set by the Agriculture Office, with 

ACKNOWLEDGMENT. An acknowledgment of the licensing terms and conditions; 

GROW SITE REGISTRATION APPLICATION. The Applicant shall submit a Grow 

Site Registration Application pursuant to the requirements outlined in Section 

1.30.030. 

OTHER. Any other information or disclosure required to be submitted by the 

Agriculture Office or Federal regulation. 

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Regulation 1.30.030 Grow Site Registration Application 

A. As a component of the Hemp Producer license application, each Applicant shall 

submit a Grow Site Registration Application on a form provided by the Agriculture 

Office for each proposed Registered Land Area in which the Applicant intends to 

Cultivate Hemp. Information submitted to the Agriculture Office must include, at a 

minimum: 

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

where Hemp will be Cultivated; 

If Hemp is Cultivated or is intended to be Cultivated in a field; 

i. The GPS coordinates for each Grow Site, provided in decimal of degrees and 

taken at the approximate center of the Grow Site; 

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

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

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

building; 

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

approximate entrance of the greenhouse or other building composing the 

Grow Site; 

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

building composing the Grow Site; and 

iii. A map of the area showing clear boundaries of the Grow Site. 

B. The Agriculture Office may approve an Applicant to Cultivate an acreage or square 

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

stated in the Grow Site Registration Application; and 

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

and the legal authority to grant the Agriculture Office access for inspection and 

sampling. 

Regulation 1.30.040 Terms and Conditions Acknowledgment 

By submitting an application, the Applicant acknowledges and agrees to the following 

minimum terms and conditions: 

Any information provided to the Agriculture Office may be provided to law 

enforcement agencies without further notice to the Applicant; 

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The Applicant or Licensee shall allow and fully cooperate with any inspection and 

sampling that the Agriculture Office deems necessary; 

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

that the Agriculture Office deems necessary within thirty (30) days of the date of the

invoice, provided that the Licensee shall not be required to pay for more than one (1) 

Agriculture Office inspection and associated laboratory analysis cost per year; 

The Applicant or Licensee shall submit all required Reports by the applicable due 

date specified by the Agriculture Office; 

Applicants shall submit and/or pay criminal background check fees directly to the 

Yakama Nation Tribal Police or other law enforcement agency designated by the 

Yakama Nation to obtain a criminal history background check report; and 

The Applicant or Licensee must report any felony convictions relating to Controlled 

Substances under state or federal law to the Agriculture Office within five (5) 

business days of receiving notice of such conviction. 

Regulation 1.30.050 Tribal Members and Tribal Corporations 

The Agriculture Office is authorized to assess special, discounted, or reduced fees or to 

waive fees under this Code if the Applicant is an enrolled member of the Yakama Nation, 

or, a Yakama Nation member-owned business organized under Yakama law. 

Regulation 1.30.060 License Term 

All licenses issued shall be valid for one (1) year from date of issuance, unless otherwise 

revoked at an earlier date pursuant to Section 1.30.090 below or other Agriculture Office 

issued rule. License numbers issued by the Agriculture Office will be in the format 

prescribed by the USDA. 

Regulation 1.30.070 Annual Renewal 

Current and valid licenses may be renewed annually or as otherwise determined by the 

Agriculture Office by submitting a renewal application on a form provided by the 

Agriculture Office no later than thirty (30) days prior to the date of the license expiration. 

Regulation 1.30.080 Ineligible for License 

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

individuals shall be ineligible for a License under this Code: 

i. Any Person under 18; 

ii. Any Person convicted of a felony relating to a Controlled Substance under 

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

period following the date of such felony conviction; 

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

license application; 

vi. Any Person that negligently violates the provisions of this Code, provisions of

another state or tribal hemp plan, or federal law and/or regulations relating 

to a controlled substance three (3) times in a five (5) year period shall be 

ineligible to participate in the Yakama Nation Hemp Program for a period of 

five (5) years beginning on the date of the third violation. 

B. ENTITIES/EMPLOYEES. Licensees cannot have any employee or partner, 

including Key Participants, within their Hemp Production who have been convicted 

of a felony, under Yakama, state, or federal law, relating to a Controlled Substance 

within the past ten (10) years from the date of the License application. 

Regulation 1.30.090 Revocation of License 

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

(Hemp Producer): 

A. Pleads guilty to, or is convicted of, any felony related to a Controlled Substance; 

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

the Agriculture Office; 

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

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

culpable mental state greater than negligence. 

Regulation 1.30.100 Fees 

A. Each Applicant shall pay the application fee set by the Agriculture Office when 

submitting a Hemp Producer license application. 

B. The Agriculture Office may set and collect additional fees, including license, 

renewal, and testing fees, in amounts that the RIL Committee determines will be 

sufficient to cover the costs of administering and enforcing the Hemp Program. 

C. Application fees shall include the cost of a criminal background check report. 

Regulation 1.30.110 Compliance and Enforcement 

A. Licenses cannot be assigned or transferred to another Person. 

B. Hemp Producers shall provide the Agriculture Office’s inspector and/or Sampling 

Agent complete and unrestricted access to all plants, parts, and seeds within a 

Registered Land Area, whether growing or harvested, and all land, buildings, and 

other structures used for the Cultivation of Hemp, and all documents and records 

pertaining to the Licensee’s Hemp business. 

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C. The transfer or sale of Hemp that exceeds the Acceptable Hemp THC Level 

constitutes a criminal violation of the Revised Yakama Code. 

PART IV. REGISTERED LAND AREA CONTROLS 

Regulation 1.40.010 Land Use Restrictions and Site Modification 

A. A Licensee shall not Cultivate Hemp on any site not listed as a valid and registered 

Agriculture Office approved Grow Site. 

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

Registered Land Area, submit to the Agriculture Office an updated legal description, 

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

Agriculture Office. 

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

approval from the Agriculture Office. 

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

Area at the same time. 

Regulation 1.40.020 Location; Restrictions 

A. Licensees shall ensure Harvest Lots within Hemp Grow Sites are completely 

segregated from any other crops. 

B. A Licensee shall not allow unsupervised access to Hemp Grow Sites or Hemp 

Product manufacturing facilities. 

C. A Licensee cannot employ any person, including Key Participants, within their 

Hemp business, convicted of a felony related to a Controlled Substance under tribal, 

state or federal law, or who would otherwise be ineligible from participating in the 

Yakama Nation’s Hemp Program in accordance with this Code. 

PART V. TRANSPORTATION 

Regulation 1.50.010 Transportation 

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

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

during transport: 

i. A copy of the valid Yakama Nation issued Hemp Producer license that 

corresponds to the Registered Land Area from which the Hemp originated; 

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

transit as identified by the Harvest Lot Identifier that accompanies the 

Hemp; 

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iii. Destination Information; and 

iv. Any other documentation that may be required by the Agriculture Office or 

the USDA. 

B. The 2018 Farm Bill explicitly prohibits state and tribal governments from 

interfering with the interstate transportation of Hemp. The Yakama Nation shall 

recognize other state and tribal licenses and testing certifications for Hemp being 

transported through the Yakama Nation Reservation. Any Hemp Producer or Hemp 

Seller who possesses Hemp which will stay within the Territories of the Yakama 

Nation must apply for a Yakama Nation Hemp license. 

PART VI. RECORDS AND REPORTS 

Regulation 1.60.010 Agriculture Office Reports 

A. The Agriculture Office may at its discretion require annual harvest, contact 

information, and disposal Reports of Licensees, which may include information on: 

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

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

location) agricultural techniques; production and sales; end use of product; contact 

information including full name, telephone number, license identifier, business 

address or principal business location address, federal employer identification 

number (to the extent applicable), title, and email address (if available) of Licensee 

or each Key Participant of a Licensee; disposal records of any non-conforming plants 

or plant material disposed of in accordance with Section 1.70.080 below, including 

the name and address of the Licensee, Licensee license number, location information 

for the lot subject to disposal, information on the disposal agent, date that such 

disposal was completed, and the total acreage disposed; annual information 

including total acreage of Hemp planted, total harvested acreage, and, if applicable, 

total acreage disposed; and any other Report information deemed necessary by the 

Agriculture Office to which the Licensee has consented in the license application. 

B. To the extent required, the Agriculture Office will report and share any such 

information to USDA’s Agricultural Marketing Service, pursuant to 7 C.F.R. §

990.3(a), in order to support the information sharing requirements in 7 U.S.C. §

1639q(d). 

Regulation 1.60.020 Retention 

The Agriculture Office shall maintain information on Hemp licenses, license applications, 

Reports provided to USDA under Section 1.60.040 below, and other relevant information 

regarding the Registered Land Area which Hemp is produced, including a legal description 

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

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Regulation 1.60.030 Privacy Protections 

Except as required by USDA Reporting and to law enforcement, the Agriculture Office shall

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

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

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

Agriculture Office to the maximum extent permitted by law. 

Regulation 1.60.040 Reporting to the USDA 

A. TRIBAL MONTHLY USDA PRODUCER AND DISPOSAL REPORT: On the first of 

each month, the Agricultural Office will submit to the USDA a Report, in the format

compatible with USDA’s information sharing system, containing the following: 

i. The time period covered by the Report; 

ii. If applicable, an indication that there were no changes during the time 

period; 

iii. Contact information for each Hemp Producer; 

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

practicable, geospatial location; 

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

each Hemp Producer; 

vi. The license number for each Hemp Producer; 

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

including previously reported information and new information; 

viii. If there have been any disposals that month, the Report must also include: 

a. Name and address of the Hemp Producer; 

b. Hemp Producer License number; 

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

practicable geospatial location) for the Grow Site subject to disposal; 

d. Information on the agent who handled the disposal; 

e. Disposal completion date; and 

f. Total acreage disposed. 

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B. TRIBAL ANNUAL USDA ACREAGE REPORT: Annually, by December 15 of each 

year, the Agriculture Office shall report to the USDA, in the format compatible with 

the USDA’s information sharing system, the following: 

i. Total planted acreage; 

ii. Total harvested acreage; and 

iii. Total acreage disposed. 

C. HEMP PRODUCER REPORT TO FSA: After receiving a Yakama Nation Hemp 

license, and in addition to providing this Report to the Agriculture Office, each 

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

Farm Service Agency (FSA), and will update both the FSA and the Agricultural 

Office not more than thirty (30) days after the date on which the information is 

changed: 

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

Harvest Lot or indoor growing facility where such producer grows Hemp. If a 

Hemp Producer operates in more than one location, or is producing under 

multiple licenses, production information shall be provided for each location; 

ii. Total acreage or indoor square footage dedicated to Hemp Production; and 

iii. License identifier number. 

D. HEMP PRODUCER TEST RESULTS REPORT: Each Hemp Producer will work 

with the Agriculture Office and the DEA-registered laboratory that conducts the test

of sample(s) of Hemp Crop collected in accordance with the Sections below under 

PART VII INSPECTIONS, SAMPLING AND TESTING from the Hemp Producer’s 

lot(s) to ensure that the test results for all such sample(s) include information 

required to be reported to USDA. 

Regulation 1.60.050 Hemp Producer/Licensee Recordkeeping and 

Reporting 

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

Agriculture Office in writing within fourteen (14) days of the change. 

B. PLANTING REPORT: Within fourteen (14) days after planting any Hemp, each 

Hemp Producer shall submit, on a form provided by the Agriculture Office, a 

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

and actual acreage or square feet of Hemp planted. 

C. PRE-HARVEST REPORT: At least thirty (30) days prior to harvest, each Hemp 

Producer shall file a Harvest Report, on a form provided by the Agriculture Office 

that includes: 

i. A statement of intended disposition of its Hemp Crop; and 

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

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

Agriculture Office immediately of any changes in the reported harvest date(s)

in excess of seven (7) days. 

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

plants on a Harvest Report provided that the male Hemp plants are 

destroyed or used on the Registered Land Area prior to filing a Harvest 

Report for the remaining cannabis plants. 

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

three (3) years in a manner such that it can be readily provided to the Agriculture 

Office upon request. 

PART VII. INSPECTIONS, 

DISPOSAL 

SAMPLING, TESTING, REMEDIATION, AND 

Regulation 1.70.010 Inspections 

A. The Agriculture Office shall conduct, at a minimum, an annual inspection of 

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

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

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

conducted at any time during regular business hours. 

ii. Inspectors and/or Sampling Agents shall immediately be granted 

unrestricted access to the Registered Land Area(s) and all adjacent areas 

under the Licensee’s control. 

iii. All samples collected by the Agriculture Office shall become the property of 

the Agriculture Office and no compensation shall be owed by the Agriculture 

Office for such samples. 

iv. The Agriculture Office shall keep test results for all Hemp tested for a 

minimum of three (3) years. 

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

sample of Licensees. 

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

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

Regulation 1.70.020 Lab Accreditation 

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

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

the International Organization for Standardization (the “ISO”) titled “General 

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

accreditation standard required by the USDA and the Yakama Nation. All 

laboratories testing hemp regulated pursuant to this Code shall be DEA registered 

after December 31, 2022. 

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

the Sections below. 

C. All final test results must be certified by a DEA-registered laboratory before the 

Hemp can enter the stream of commerce. 

D. The Yakama Nation may in the future develop its own testing facility for Hemp.

The RIL Committee retains the right to designate any future Tribal Testing Facility 

as the primary or sole testing authority for Hemp produced within the Territories of

the Yakama Nation as long as such a facility meets all requirements described in 

this section. 

Regulation 1.70.030 Procedure for Sampling and Testing 

A. The Agricultural Office will use the USDA Sampling Guidelines (issued Jan. 15, 

2021) for Hemp Growing Facilities and the USDA Testing Guidelines for Identifying

Delta-9 Tetrahydrocannabinol Concentration in Hemp (issued Jan. 15, 2021), each 

as may be amended from time to time, for purposes of establishing procedures both 

for effectively collecting samples and for testing the Delta-9 Tetrahydrocannabinol

concentration levels of Hemp produced on or sold from the Territories of the Yakama

Nation, using post-Decarboxylation or other similarly reliable methods. 

B. The Agriculture Office’s Sampling Agent will be trained using USDA and Yakama 

Nation training procedures for the trimming and collecting of Hemp samples to be 

tested at a testing facility. The Agriculture Office will maintain information 

regarding its trained Sampling Agents and will make that information available to 

Hemp Producers. 

C. Sampling Agents shall immediately be granted complete and unrestricted access 

during business hours to all Hemp and other Cannabis plants and to the Registered 

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

cultivation and/or handling of Hemp. 

Regulation 1.70.040 Methods for Sampling and Testing 

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

sample is collected that represents a homogenous composition of the lot and must be 

sufficient at a confidence level of 95% that no more than 1% of plants would exceed 

the Acceptable Hemp THC Level. 

B. The total THC concentration level shall be determined and reported on a Dry

Weight Basis, and the testing methodology shall consider the potential conversion of 

Delta-9 Tetrahydrocannibinolic acid (THC-A) in Hemp into THC, and test results 

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will measure total available THC derived from the sum of the THC and THC-A 

content. 

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

chromatography with detection. 

E. The total THC concentration level shall be determined and reported on a Dry 

Weight Basis. 

F. The Agriculture Office may choose to contract for such collection and testing 

services. A contracted Sampling Agent will be trained pursuant to USDA 

requirements. Information on a contracted agent will be made available to 

Licensees. 

Regulation 1.70.050 Compliance Sampling and Testing Prior to 

Harvest 

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

collecting cuttings from Hemp plants for purposes of compliance testing. 

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

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

Harvest Lot does not exceed the Acceptable Hemp THC Levels on a Dry Weight 

Basis. Samples will be collected by a sampling agent only. 

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

conducted by a DEA-registered laboratory. 

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

shall be delivered to and tested at a DEA-registered laboratory using a reliable 

methodology for Delta-9 Tetrahydrocannabinol testing. Any such analytical testing 

for purposes of detecting the concentration levels of THC shall comply with the 

standards set forth in 7 C.F.R. §§ 990.3(a)(3)(iii)(A-H), including using procedures to

adhere to standards of performance for detecting THC concentration and using a 

Measurement of Uncertainty. 

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

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

this Section. 

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

Hemp plant material from other Harvest Lots. 

G. Samples shall include the flower material from the Hemp Crop for Delta-9 

Tetrahydrocannabinol concentration testing purposes. 

H. Except for samples collected by the Sampling Agent for auditing, inspection, and 

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

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

enforcement agency, or other tribal, state, local, or federal designated Person. 

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

representative thereof shall be present at the Grow Site if possible. 

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

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

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

THC Level shall be conclusive evidence that the Harvested Lot represented by the 

sample is not in compliance with this Code. 

L. Harvested Lots tested and not certified by a DEA-registered laboratory at or below 

the Acceptable Hemp THC Level may not be further handled, processed, or enter the 

stream of commerce. Cannabis containing more than the Acceptable Hemp THC 

Level is prohibited to be transferred or sold, and must be disposed of in accordance 

with this Code. 

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

samples and testing Hemp for quality assurance, research, and development 

purposes. 

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

sufficient to evidence compliance with this Code. 

O. A Hemp Producer may apply to the Agriculture Office for retesting and/or 

resampling of any non-compliant Harvest Lot, which may be approved or denied at 

the Agriculture Office’s discretion and subject to requirements in the Final Rule. 

Regulation 1.70.060 Post-Testing Procedures 

A. The Hemp Producer must harvest the Hemp Crop no more than thirty (30) days 

following the sampling of the Hemp Crop. If the Hemp Crop within a Harvest Lot is 

not harvested within thirty (30) days from the sampling, another pre-harvest 

sampling must be taken and tested. 

B. If the Hemp plants are harvested prior to the return of the test results, the Hemp 

plants must be kept segregated from all other Harvest Lots and may not be 

comingled for any purpose. 

C. Once the Hemp Crop is certified by the testing facility as Hemp, it may be sold or 

transferred as authorized by the Hemp Producer’s License. 

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Regulation 1.70.070 Federal Notice Required for Non-Compliant Test 

Results 

The Agriculture Office shall promptly notify the USDA Agricultural Marketing Service 

Administrator of any occurrence of Cannabis plants or plant material that do not meet the 

definition of Hemp and will attach disposal records demonstrating the appropriate disposal

of all of those plants and materials in the Harvested Lot from which the representative 

samples were taken. 

Regulation 1.70.080 Remediation and Disposal of Non-Compliant 

Plants 

Hemp that tests higher than the Acceptable Hemp THC Level shall be remediated or 

disposed of by the Hemp Producer in compliance with USDA Guidance on Remediation and

Disposal (issued Jan. 15, 2021) and all applicable federal, tribal and local laws, regulations, 

rules and other requirements. Upon notification that a Harvest Lot has tested above the 

Acceptable Hemp THC Level, the Hemp Producer must notify the Agricultural Office of the

Hemp Producer’s decision to either destroy or remediate the non-compliant Harvest Lot in 

accordance with this Code, USDA Guidance, and the Final Rule. Both remediation and 

disposal may be performed by the Hemp Producer, or an approved representative of the 

Yakama Nation or USDA. The Agriculture Office must verify that disposal or remediation 

occurred successfully. 

Remediation can be achieved by separating and destroying non-compliant flowers while 

either retaining stalks, leaves, and seeds, or, by shredding the entire Hemp plant to create 

a homogenous biomass that can be retested for THC compliance. 

A. Separate and Remove Flowers: The remediator must remove and destroy the buds, 

trichomes, trim, and kief from the plants within the non-compliant Harvest Lot. 

The remediator may remove the non-compliant buds, trichomes, trim, and kief by 

hand or by the use of a mechanical device that can properly remove the noncompliant buds, trichomes, trim, and kief. 

i. The leftover stalks, leaves, and seeds must be separated from the noncompliant floral material and labeled clearly and demarcated as “hemp for 

remediation purposes.” 

ii. Seeds removed from non-compliant hemp during remediation must not be 

used for propagative purposes. 

iii. Remediated stalks cannot leave the labeled and demarcated area until a test 

result showing compliance with the Acceptable Hemp THC Level is received 

or until the remediated stalks are destroyed. The resample must be taken by 

a Sampling Agent as described in the USDA’s Sampling Guidelines and as 

outlined in this Code. 

iv. Any stalks that remain above the Acceptable Hemp THC Level after 

remediation and retesting shall be destroyed through any process outlined in

this Code and the USDA Remediation and Disposal Guidelines (issued Jan. 

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15, 2021). The Agriculture Office must verify that disposal occurred 

successfully. 

B. Creation of Biomass: The entire non-compliant Harvest Lot, as reported to the FSA, 

can be shredded to create a homogenous, uniform biomass, which can be achieved by

shredding the non-compliant Harvest Lot through shredders, composters, or special 

mechanical equipment. 

i. The biomass process must ensure that the non-compliant Harvest Lot is 

crushed, shredded, or mulched. 

ii. The biomass created through this process shall be resampled and retested to 

ensure compliance before entering the stream of commerce in accordance 

with the Final Rule. Biomass that fails retesting is non-compliant Hemp and 

shall be destroyed. 

iii. Remediated biomass must be separated from any compliant hemp stored in 

the area and clearly labeled and demarcated as “hemp for remediation 

purposes.” All Harvest Lots subject to remediation should be stored, labeled 

and demarcated apart from each other and from other compliant hemp lots 

stored or held nearby. 

iv. Remediated biomass cannot leave the labeled and demarcated area until a 

test result showing compliance with the Acceptable Hemp THC Level is 

received or until the biomass is destroyed. 

v. The resample should be taken by a Sampling Agent as described in the 

USDA’s Sampling Guidelines and as outlined in this Part of the Code. 

vi. When resampling, a representative sample of the biomass should be taken for 

compliance purposes. The Sampling Agent must take biomass material from 

various depths, locations, and containers in the labeled and demarcated area 

to collect a representative sample of the material. At minimum, ~750 mL or 

three (3) standard measuring cups of biomass material should be collected. 

Sampling Agents may collect more biomass material based on the 

requirements of the testing laboratory. If ~750 mL of material is not 

available, the sampling agent should collect enough biomass material for a 

representative sample. 

vii. An original copy of the resample test results, or a legible copy, must be 

retained by the Licensee or an authorized representative and be available for 

inspection for a period of three (3) years from the date of receipt. 

viii. Laboratories testing a resample must use the same testing protocols as when

testing a standard sample of Hemp. 

Disposal can be achieved through any process outlined in the USDA Remediation and 

Disposal Guidelines (issued Jan. 15, 2021). The Agriculture Office must verify that 

disposal occurred successfully. Disposal can be accomplished by: 

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i. Plowing a non-compliant Hemp Lot with curved plow blades that rotate 

subsoil to the surface and bury the crop below; 

ii. Mulching or composting field crops by cutting or blending crop with manure 

or other biomass material. 

iii. Disking or leveling the crop using a tow-behind disk implement to amend soil

directly from the crop while leveling the field. 

iv. Commercial Bush Mower 

decompose into the soil. 

or Chopper to shred and mix vegetation to 

v. Deep burial of crop by trenching the field and burying surface soil at a depth 

of twelve (12) inches. 

vi. Burning or setting fire to specific non-compliant production 

biomatter piled on the field in order to clear all plant material. 

fields or 

Part. VIII. LICENSE VIOLATIONS 

Regulation 1.80.010 Negligent License Violations 

A. A Licensee has Negligently violated the Yakama Nation’s License

requirements if they negligently (each represents a “Negligent Violation”): 

i. Fail to provide a legal description of land on which the Hemp Producer 

Cultivates Hemp; 

ii. Fail to obtain a License or other required authorization from the Agriculture 

Office as applicable; or 

iii. Produce Cannabis sativa L. with a THC concentration of more than the 

Acceptable Hemp THC Level. 

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

Negligent Violation under this Section if such Hemp Producer makes reasonable 

efforts to grow Hemp, and the Cannabis does not have a Delta-9 

Tetrahydrocannabinol concentration of more than 1.0 percent on a Dry Weight 

Basis. 

i. For the purposes of this Section, the RIL Committee shall determine whether 

a Hemp Producer has taken reasonable efforts to grow Hemp. 

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

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

seed that has reliably grown compliant plants, or engaging in other best 

practices. 

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C. Corrective Action Plan. A Hemp Producer that the RIL Committee determines has 

committed a Negligent Violation under this Section shall correct the Negligent 

Violation. To correct the violation, the Hemp Producer shall: 

i. Provide the RIL Committee with a reasonable date by which the Hemp 

Producer shall correct the Negligent Violation; 

ii. Periodically report to the RIL Committee and the Agriculture Office on the 

Hemp Producer’s compliance with this Code for a period of not less than the 

two (2) calendar years following the Negligent Violation. The reporting 

periods and the term of reporting shall be determined by the RIL Committee 

and/or the Agriculture Office on a case-by-case basis. 

The Agriculture Office shall conduct an inspection to determine if the Hemp 

Producer has implemented the Corrective Action Plan as submitted. 

D. Potential Criminal Liability. A Hemp Producer that negligently violates this Code 

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

Regulation 1.80.020 Repeat Negligent Violations 

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

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

beginning on the date of the third violation. 

Regulation 1.80.030 Other Violations 

A. If the Agriculture Office determines that a Licensee within the Territories of the 

Yakama Nation has violated Yakama Nation Hemp laws or Hemp regulations with a 

culpable mental state greater than negligence, the Agriculture Office shall 

immediately report the Licensee to: 

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

ii. The Yakama Nation Tribal Police. 

B. The provisions set forth in the above sections regarding Negligent Violations shall 

not apply to a violation in this section. 

Regulation 1.80.040 Revocations, Suspensions, Penalties, and Civil 

Enforcement 

A. The Agriculture Office may, at its discretion, revoke or suspend any License issued 

under this Code, or subject a Licensee to other civil penalties for violation of Yakama 

or federal law, this Code, or other rules or regulations promulgated by the 

Agriculture Office. 

B. When necessary, the Agriculture Office will investigate and/or determine whether a 

Licensee has violated any provision of this Code. If the Agriculture Office or its 

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agents conclude a Licensee is in violation of this Code, it will determine whether a 

civil citation, revocation, suspension, or enforcement action is necessary. 

C. In the event the Agriculture Office determines a civil citation, revocation, 

suspension, or enforcement action is necessary, the Agriculture Office shall issue a 

civil citation notifying the Licensee of a violation and noting which part of the Code 

the Licensee had been found to be in violation of and serve the citation upon the 

licensee by mail and email at the physical and email addresses listed on the 

Licensees’ application filed with the Agriculture Office. The citation is deemed to be 

served upon the Licensee within three (3) days of mailing. The citation shall have a 

clearly indicated choice for the Licensee to either mark agreement with the citation 

or to mark disagreement and an intent to challenge the citation. 

D. Upon receipt of the citation, the Licensee may choose to pay a fine in the manner 

prescribed by the Agriculture Office, or challenge the citation to the RIL Committee.

The Licensee will have thirty (30) days from service of the citation to challenge a 

citation. 

E. The RIL Committee shall preside as sole adjudicator for the purposes of civil 

enforcement of the Code. Any decision by the RIL Committee’s challenging an 

Agriculture Office citation shall be final. 

F. The RIL Committee shall promulgate rules consistent with this provision and any 

other rule necessary to assist the procedure for challenging and hearing a civil 

citation. The RIL Committee shall make those rules available to all licensees. 

PART IX. MISCELLANEOUS 

Regulation 1.90.010 Taxes and Fees 

Subject to RIL Committee approval, the Agriculture Office shall determine appropriate 

taxes and fees for the activities described in this Code. The Agriculture Office shall 

maintain a tax and fee schedule which will be made available to Applicants and Licensees. 

Regulation 1.90.020 Restrictions on Cannabis 

No Registered Land Area or storage area may contain cannabis plants or parts thereof that

the Licensee knows or has reason to know are of a variety that will produce a plant that

when tested will produce more than 0.3% THC concentration on a Dry Weight Basis. 

Regulation 1.90.030 Hemp Seeds 

Hemp Producers may obtain Hemp Seeds from sellers Licensed by the USDA or under a 

valid State or Tribal plan. Hemp Producers may also obtain legally imported Hemp Seeds 

from Canada if accompanied by either: 

i. A phytosanitary certification from Canada’s national plant protection 

organization to verify the origin of the seed and confirm that no plant pests 

are detected; or 

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ii. A Federal Seed Analysis Certificate for Hemp Seeds grown in Canada. Hemp 

Seeds imported from countries other than Canada may be accompanied by a 

phytosanitary certificate from the exporting country’s national plant 

protection organization to verify the origin of the seed and confirm that no 

plant pests are detected. The USDA Animal and Plant Health Inspection

Service regulations further address Hemp seed imports or exports. 

Regulation 1.90.040 Transfer, Sale, and Purchase of Hemp 

Any transfer, sale, purchase, or receipt of Hemp must be properly documented. A Licensee 

selling or transferring Hemp must include with the sale a copy of the test results verifying 

the Acceptable Hemp THC Levels and a copy of the seller’s license. The Licensee selling or 

transferring Hemp must also record all other sale information, including date, time, prices, 

weight, sale or transfer location, and the buyer or receiver’s License number if Licensed 

under a USDA approved plan or by the USDA. 

A Licensee purchasing or receiving Hemp must receive with the Hemp a copy of the seller’s 

license under a USDA-approved plan or USDA license and a copy of the Hemp test results 

verifying the Acceptable Hemp THC Levels. The Licensee must also record all other 

purchase information available, such as date, time, prices, weight, and purchase location. 

Regulation 1.90.050 Other Licenses and Business Requirements 

Licensees must obtain a Yakama Business license, and maintain all other Yakama Nation 

or federally required business licenses and permits and pay all applicable taxes. Licensees 

must also comply with all Yakama Nation zoning laws and any other such requirements for 

engaging in commerce within the Territories of the Yakama Nation. 

PART X. DEFINITIONS 

For the purposes of this Code, the words, terms, and phrases defined in this Section shall 

have the meanings given to them in this Section. 

“Acceptable Hemp THC Level” means the application of the Measurement of 

Uncertainty to the reported Delta-9 Tetrahydrocannabinol content concentration level on a 

Dry Weight Basis to produce a distribution or range that includes a Delta-9 

Tetrahydrocannabinol content concentration level of 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 compliance with this Code. 

For purposes of clarity, if 0.3% or less is within the distribution or range, then the sample 

will be considered to be Hemp for the purpose of compliance with the requirements of this 

Code. 

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“Agriculture Office” means the Yakama Nation program or department responsible for 

the oversight and implementation of the Hemp Regulatory Code as designated by the 

Yakama Nation. 

“Applicant” means a Person or Entity who submits an application to the Yakama Nation 

for a license to grow, handle, or sell Hemp. 

“Cannabis” means the 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. 

“Controlled Substance” means a drug or other substance that is considered a controlled 

substance pursuant to tribal, state, or the federal Controlled Substances Act as codified in 

21 U.S.C. 801 et. seq. 

“Conviction” means any plea of guilty or nolo contendere, or any finding of guilt in a court 

of competent jurisdiction, except when the finding of guilt is subsequently overturned on 

appeal, pardoned, or expunged. For purposes of this part, 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 part. 

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

“DEA” means the United States Drug Enforcement Administration. 

“Decarboxylate” or “Decarboxylation” means the chemical reaction that converts THCacid (“THC-A”) 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-A. 

“Delta-9 Tetrahydrocannabinol” or “Delta-9 THC” or “THC” means Delta-9 

Tetrahydrocannabinol concentration (the primary intoxicating component of Cannabis).

For purposes of this Code, Delta-9 Tetrahydrocannabinol and THC are interchangeable. 

“Disposal” means destroying non-compliant Hemp using one of the approved on-farm 

methods. Approved methods include plowing under, mulching / composting, disking, bush 

mowing, deep burial, and burning the non-compliant Hemp. 

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

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

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

derivative) after excluding moisture from the item. 

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“Entity” means a 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. 

“Gas Chromatography” means a type of chromatography in analytical chemistry used to 

separate, identify, and quantify each component in a mixture. Gas Chromatography 

relies on heat for separating and analyzing compounds that can be vaporized without 

decomposition. 

“GPS” means the Global Positioning System. 

“Grow Site” is the approved area where Industrial Hemp is grown. A Grow Site may 

include fields, greenhouses, or other buildings, or the area in which Hemp is processed into 

Hemp Products. 

“Handler” means a Person or Entity that receives Industrial Hemp for processing into 

commodities, products or agricultural Hemp seed. 

“Handling site” means one contiguous lot, parcel, or tract of land used to handle or 

intended to handle Industrial Hemp. 

“Harvest Lot” means a quantity of Hemp, of the same Variety, harvested in a distinct 

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

Cultivated in a portion or portions of one contiguous area within a Grow Site. Harvest Lot 

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

“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 THC concentration of not more than 0.3 

percent on a Dry Weight Basis. 

“Hemp Activity” means the growth, handling, or sale of Hemp. 

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

“Hemp Producer” means any Person growing, cultivating, handling or harvesting Hemp, 

Hemp Crops, Hemp seeds, or Hemp propagules within the Territories of the Yakama 

Nation, and who is licensed by the Agriculture Office to Cultivate or Handle Hemp within 

the Territories of the Yakama Nation. 

“Hemp Products” means products made from industrial Hemp, including, but not limited 

to, cloth, cordage, fiber, food, fuel, paint, paper, building materials, plastics, seed, livestock 

feed, seed meal, seed oil intended for consumption, seed certified for cultivation, extracted 

chemicals from leaves, stems, roots, flowers and seed for therapeutic, nutritional, 

pharmaceutical, and nutraceutical products, or any other Hemp Product derived from 

Hemp. 

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

with respect to Hemp. 

“Hemp Seller” means any Person marketing, distributing, or selling, wholesale or retail, 

Hemp or Hemp-based Products. 

“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. 

“Lessee” means a Person or Entity, licensed by the Tribe, who leases land within the 

Territories of the Yakama Nation in order to Cultivate or handle Hemp. 

“Licensee” has the same meaning as “Hemp Producer” and “Hemp Seller” as those 

terms are defined in this Section, above. 

“Measurement of Uncertainty” 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. 

“Person” means any Person who is an enrolled member of the Yakama Nation, any nonmember Indian Person that is enrolled with another tribe, and any non-Indian Person. 

“Registered Land Area” means the area where Industrial Hemp is grown or is intended 

to be grown and may include fields, greenhouses, or other buildings, or the area in which 

Hemp is processed into Hemp Products. The Registered Land Area is the area included in 

the Applicant’s application for a License under this Code. 

“Remediation” means any process by which non-compliant Hemp is rendered compliant. 

Remediation can be achieved by separating and destroying non-compliant flowers while 

retaining stalks, leaves, and seeds; or by shredding the entire hemp plant to create a 

homogenous “biomass” that can be retested for THC compliance. 

“Report” means any data, statistics, or information required to be gathered, maintained, or 

provided by the Yakama Nation. 

“Reservation” means all lands within the exterior boundaries of the Yakama Nation’s 

Reservation as defined in Article II of the Treaty with the Yakamas. 

“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. 

“Roads, Irrigation, and Lands Committee” or “RIL Committee” means those 

members of Yakama Nation Tribal Council’s elected leadership that currently serve as 

members of the Yakama Nation’s Roads, Irrigation, and Lands Committee. The RIL 

Committee serves as the oversight committee for the purposes of this Code. 

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"Sampling Agent” means a Person who is trained, pursuant to USDA and the Yakama 

Nation’s standards, to cut, trim, store, and collect samples of a Hemp Producer’s Hemp 

Crop to determine if that Hemp Crop exceeds the Acceptable Hemp THC Level. 

“Secretary” means the Secretary of Agriculture of the United States Department of 

Agriculture. 

“Territories of Yakama Nation” means all lands within the exterior boundaries of the 

Yakama Reservation; all Yakama Nation allotments, located both on and off the Yakama 

Reservation that still possess an Indian title; and, any lands, both on and off the Yakama 

Reservation, title to which is either held in trust by the United States for the benefit of the 

Yakama Nation, or its members, which remain subject to restriction against alienation and

over which the Yakama Nation exercises jurisdiction. 

“THC” means the primary psychoactive component of Cannabis. For the purposes of this 

Code, Delta-9 THC and THC are interchangeable. 

“THCA” means tetrahydrocannabinolic acid. 

“Total THC” means the value determined after the process of decarboxylation, that expresses 

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

THCA content and reported on a dry weight basis. This post-decarboxylation value of THC can 

be calculated by using a chromatograph technique using heat, such as 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 total THC can also be calculated by 

using a liquid chromatograph technique, which keeps the THCA intact. This technique requires 

the use of the following conversion: [Total THC = (0.877 x THCA) + THC] which calculates the 

potential total THC in a given sample. 

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

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

“Yakama Law” means the laws, regulations, and codes of the Yakama Nation. 

“Tribe” means the Yakama Nation. 

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