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 PALA BAND OF MISSION INDIANS 4/23/20

TRIBAL HEMP PLAN

TABLE OF CONTENTS

CHAPTER 1. GENERAL PROVISIONS ..................................................................................... 4

Section 1-1. Finding and Purpose .............................................................................................. 4

Section 1-2. Sovereign Immunity .............................................................................................. 4

Section 1-3. Exemption from Prosecution for Certain Acts...................................................... 4

Section 1-4. Effective Date. ....................................................................................................... 4

CHAPTER 2. DEFINITIONS ....................................................................................................... 4

Section 2-1. Definitions............................................................................................................. 4

CHAPTER 3. REGULATION OF HEMP .................................................................................... 8

Section 3-1. Exemption from Prosecution for Certain Acts...................................................... 8

Section 3-2. Hemp Regulations ................................................................................................. 8

CHAPTER 4. HEMP CONTROL OFFICER................................................................................ 8

Section 4-1. Position Establishment .......................................................................................... 8

Section 4-2. Qualifications......................................................................................................... 8

Section 4-3. At-Will Employee.................................................................................................. 9

Section 4-4. Vacancies.............................................................................................................. 9

Section 4-5. Training, Equipment, and Staff ............................................................................. 9

Section 4-6. Powers and Duties................................................................................................. 9

Section 4-7. Limitation of HCO Powers.................................................................................. 10

Section 4-8. Compensation of the HCO .................................................................................. 10

 Section 4-9. Sovereign Immunity of HCO ............................................................................. 10

CHAPTER 5. LICENSING APPLICATIONS............................................................................ 10

Section 5-1. License Required to Grow or Process Hemp....................................................... 10

Section 5-2. Licenses to be Issued and Regulated by the Tribe............................................... 10

Section 5-3. Waiting Period..................................................................................................... 11

Section 5-4. Background checks.............................................................................................. 11

Section 5-5. Fees...................................................................................................................... 11

Section 5-6. Application Contents........................................................................................... 11

CHAPTER 6. LICENSE AGREEMENTS .................................................................................. 12

Section 6-1. License Agreement Required .............................................................................. 12

Section 6-2. Agreement Contents............................................................................................ 12

Section 6-3. License Fees......................................................................................................... 14
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CHAPTER 7. SITE PERMITS .................................................................................................... 14

Section 7-1. Permits Required ................................................................................................. 14

Section 7-2. Permits to be Issued and Regulated by the Tribe................................................. 14

Section 7-3. License Required. ................................................................................................ 14

Section 7-4. Prohibited Locations............................................................................................ 14

Section 7-5. Co-Locating Permitted......................................................................................... 15

Section 7-6. Site Modifications................................................................................................ 15

Section 7-7. Site Access........................................................................................................... 15

Section 7-8. Fees...................................................................................................................... 15

CHAPTER 8. REPORTING AND RECORDKEEPING ............................................................ 15

Section 8-1. Reporting Requirements of HCO ........................................................................ 15

Section 8-2. HCO to Submit Growing locations and Grower License Information to United

States Secretary of Agriculture ................................................................................................. 16

Section 8-3. Harvest/Disposal Reports .................................................................................... 16

Section 8-4. Planting Reports .................................................................................................. 16

Section 8-5. Recordkeeping..................................................................................................... 17

CHAPTER 9. SEED ACQUISITION.......................................................................................... 17

Section 9-1. Seed Acquisition Within the United States.......................................................... 17

Section 9-2. Seed Acquisition from a Source Outside of the United States............................ 17

Section 9-3. Seeds of Wild, Landrace, or Unknown Origin. ................................................... 17

CHAPTER 10. HARVESTING................................................................................................... 17

Section 10-1. Grower Responsibilities .................................................................................... 18

Section 10-2. Pre-Harvest Sampling Equipment ..................................................................... 18

Section 10-3. Post-Harvest Retest............................................................................................ 18

CHAPTER 11. THC TESTING................................................................................................... 18

Section 11-1. Testing Procedures ............................................................................................ 18

CHAPTER 12. CROP DISPOSAL.............................................................................................. 19

Section 12-1. Surrender and Disposal of Prohibited Varieties................................................ 19

Section 12-2. Licensees Required to Submit Crops Disposal Report...................................... 19

Section 12-3. Expense of Crop Disposal .................................................................................. 19

 Section 12-4. Penalty for Failing to Submit Crops Disposal Report...............................19

CHAPTER 13. PROHIBITED ACTIVITIES.............................................................................. 20

Section 13-1. Growing or Processing Prohibited Varieties of Hemp Prohibited..................... 20

Section 13-2. Restrictions on Sale or Transfer ........................................................................ 20

Section 13-3. Operating Without a License Prohibited. .......................................................... 20

Section 13-4. Intermingling Hemp With Other Crops............................................................. 20
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Section 13-5. Operating Minimum .......................................................................................... 20

Section 13-6. Public Access to Hemp Restricted..................................................................... 20

CHAPTER 14. NEGLIGENT VIOLATIONS ........................................................................ 20

Section 14-1. Negligent Violations.....................................................................20

Section 14-2. Corrective Action Plans.................................................................20

 CHAPTER 15. FELONIES.................................................................................21

 Section 15-1. Felonies............................................................................................................... 21

 CHAPTER 16. PENALTIES...............................................................................21

Section 16-1. Applicability ...................................................................................................... 21

Section 16-2. Immediate License Suspension. ........................................................................ 21

Section 16-3. License Suspension and Revocation.................................................................. 21

Section 16-4. Consequences of License Suspension. .............................................................. 22

Section 16-5. Corrective Action Plans for Negligent Violations............................................. 22

Section 16-6. Termination of Licensing Agreement................................................................ 22

Section 16-7. Termination of Employment. ............................................................................ 22

Section 16-8. Civil Penalties.................................................................................................... 22

Section 16-9. Forfeiture ........................................................................................................... 22

Section 16-10. Stacking of Penalties Allowed......................................................................... 22

Section 16-11. Advisement of Rights...................................................................................... 23

Section 16-12. Mandatory Reporting....................................................................................... 23

CHAPTER 17. APPEALS........................................................................................................... 23

Section 17-1. Burden of Proof ................................................................................................. 23

Section 17-2. Right to Review of Adverse Decisions.............................................................. 23

Section 17-3. Requesting a Review Hearing ........................................................................... 23

Section 17-4. HCO Review Hearing........................................................................................ 23

Section 17-5. Requesting Tribal Court Review....................................................................... 23

Section 17-6. Tribal Court Review Hearing.... .......................................................23

Section 17-7. Legal Standard................. ...........................................................24

CHAPTER 18. MISCELLANEOUS...................................................................24

Section 18-1. Amendments..............................................................................24

Section 18-2. Savings Clause............................................................................24

LEGISLATIVE HISTORY .......................................................................................................... 25
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CHAPTER 1. TRIBAL POLICY

Section 1 Findings and Purpose.

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

controlled cultivation of hemp in accordance with the Act, and a State or Tribal plan 

approved by the Secretary of Agriculture.

(b) The Pala Band of Mission Indians (“Pala” or “Tribe”) has decided to open specific lands 

within its jurisdiction to the cultivation, processing, and distribution of hemp by 

enacting this Tribal Plan.

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

Reservation, will be the basis of the “tribal plan” described in the Farm Bill, and will 

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

members and the community.

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

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

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

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

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

Substances Act.

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

reservation and other Tribal trust lands.

Section 2 Sovereign Immunity.

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

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

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

and agents, or authorize any form of a prospective waiver of such sovereign immunity.

Section 3 Exemption from Prosecution for Certain Acts.

No employee of a hemp business shall be subject to prosecution or civil penalty in the Tribal 

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

accordance with this Plan and federal law.

Section 4 Effective Date.

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

United States Department of Agriculture.

CHAPTER 2. DEFINITIONS

Section 2-1 Definitions.
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Within this Plan, the following definitions apply:

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

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

basis produces a distribution range that includes 0.3% or less.

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

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

who submits an application for a license or permit.

(d) “CBD” means cannabidiol.

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

issued by an agency authorized under the laws of a tribe, United States, or state to 

officially certify seed, and that has standards and procedures approved by the United 

States Secretary of Agriculture to assure the genetic purity and identity of the seed 

certified.

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

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

into delta-9-THC. The decarboxylated value is also calculated using a conversion formula 

that sums delta-9-THC and eighty-seven and seven tenths (87.7) percent of THC-acid.

(h) “Delta-9-THC” or “THC.” Delta-9-THC is the primary psychoactive 

component of cannabis. For the purpose s of this plan, delta-9-THC and THC 

are interchangeable.

(i) “Executive Committee” means the duly elected governing body of the Pala Band of 

Mission Indians.

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

share, or ownership in an operation(s).

(k) "GPS" means Global Positioning System.

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

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

industrial hemp. "Handling" also includes possessing or storing industrial hemp in a 

vehicle for any period of time other than during its actual transport from the premises of a 

licensed person to cultivate or process industrial hemp to the premises of another licensed 

person.

(m) “HCO” shall mean the Tribe’s Hemp Control Officer as established by this Plan.

The term may include employees, agents, and designees of the HCO.

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

thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of 

isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of 

not more than 0.3 percent on a dry weight basis.
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(o) “Hemp business” means a growing facility, cultivating facility, processing facility, 

distribution facility, or any combination thereof.

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

industrial hemp plants or plant parts.

(q) “Law enforcement agency” means the Pala Tribal Law Enforcement, DEA, or other 

federal or California law enforcement agency or drug suppression unit.

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

hemp.

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

under the terms established by this Plan.

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

regulates the conduct of that licensee.

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

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

(v) “Location ID” means the unique identifier established by the applicant for each unique 

set of GPS coordinates where hemp will be grown, handled, or processed, which can 

include a legal description, field name, or building name.

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

have a zero percent germination rate.

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

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

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

rights and duties of a human being.

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

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

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

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

Environmental Protection Agency registered product.

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

containing the same variety or strain of hemp throughout the area.

(cc) “Ppm” means parts per million.

(dd) 

(ee) “Pre-harvest sample” means a composite, representative portion from plants in a hemp 

plot collected in accordance with the procedures as established by this Plan.
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(ff) “Prohibited variety” means a variety or strain of cannabis excluded by this Plan.

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

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

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

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

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

and transfer in packaged form.

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

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

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

of the following descriptions:

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

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

and does include, without limitation, the following products: bare stalks, bast 

fiber, hurd fiber, nonviable roots, nonviable seeds, seed oils, and plant extracts 

(excluding products containing delta-9-THC above zero and three-tenths (0.3) 

percent).

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

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

enforcement of this Plan, adopted by the Executive Committee. The Regulations may 

also be referred to in this Plan as the “Hemp Regulations”.

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

Mission Indians.

(nn) “Tribal” or “Tribe” means the Pala Band of Mission Indians.

(oo) “Tribal Court” means the courts of the Pala Band of Mission Indians.

(pp) “Tribal Police” or “Tribal Law Enforcement” shall mean the Pala Band of Mission 

Indians Tribal Police.

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

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

are describable;

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

distinctive characteristics and its uniformity if reproduced or reconstituted as 

required by the different categories of varieties; and

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

identifiable morphological, physiological, other characteristics from all other 
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publicly known varieties, or other characteristics from all other publicly known 

varieties.

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

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

designated as a "variety of concern" could be subject to restrictions and additional

testing.

(ss) “Volunteer cannabis plant” means any cannabis plant that grows of its own accord from 

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

intentionally planted.

CHAPTER 3. REGULATION OF HEMP

Section 3-1. Exemption from Prosecution for Certain Acts.

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

prosecution or civil penalty in the Tribal Court for the cultivation, production, or distribution 

of hemp in accordance with this Plan and federal law.

Section 3-2. Hemp Regulations.

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

Policies and procedures related to the regulation of hemp by the Tribe shall further the 

purposes of this Plan and shall be approved by the Executive Committee. This Plan and any

Hemp Regulations may set forth, at a minimum, the following provisions to regulate:

(a) Licensing of applicants;

(b) Permitting locations where hemp is authorized;

(c) Reporting and recordkeeping;

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

(e) Pesticide use;

(f) Prohibited products or activities;

(g) Penalties; and

(h) Remedies.

CHAPTER 4. HEMP CONTROL OFFICER

Section 4-1. Position Establishment.

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

will hereafter be referred to as “the HCO.” The HCO is under the directive of the Executive 

Committee, and may fulfill any and all obligations of the Executive Committee under this Plan. 
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In carrying out its purposes under this Plan, the HCO shall function as an arm of the Tribe.

Section 4-2. Qualifications.

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

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

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

federal jurisdictions; and

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

circumstances.

(3) a financial interest in any hemp operation.

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

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

company).

Section 4-3. At-Will Employee.

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

Section 4-4. Vacancies.

The Executive Committee shall appoint an HCO when the position becomes vacant.

Section 4-5. Training, Equipment; Staff.

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

fully carry out its duties.

Section 4-6 Powers and Duties.

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

any Tribal Hemp Regulations. These shall include:

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

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

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

proposed operations.

(d) Conducting annual and/or random inspections, examinations and monitoring all 

hemp and hemp-related operations to verify that hemp is being produced in 

compliance with this plan. This includes site visits, and inspecting and copying 

relevant records.

(e) Ensuring compliance with all applicable Tribal and federal laws, rules and 
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regulations regarding hemp. This includes investigating any suspicion of wrongdoing 

associated with any hemp activities and reporting any potential criminal violations to 

law enforcement.

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

disposed of pursuant to the provisions of this Plan or federal law.

(g) Complying with reporting and recordkeeping requirements.

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

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

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

Hemp Regulations.

Section 4-7. Limitation of HCO Powers.

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

cultivating, processing, and storing hemp.

Section 4-8. Compensation of the HCO.

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

Executive Committee. If no action is taken by the Executive Committee, the compensation for 

the HCO shall remain the same as the previous year.

Section 4-9. Sovereign Immunity of HCO.

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

and immunities of the Tribe, including sovereign immunity from suit in the state, federal, or 

tribal court.

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

other Tribal entity.

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

the HCO’s sovereign immunity from suit.

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

jurisdiction of the United States, any state, or any other Tribe with regard to the business 

or affairs of the HCO.

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

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

initiated by the Tribal Executive Committee on behalf of the Tribe.

CHAPTER 5. LICENSING APPLICATIONS

Section 5-1. License Required to Grow or Process Hemp.

Any person who wishes to grow, process, handle, or transport hemp within the Tribe’s 
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jurisdiction, must possess a valid license to do so.

Section 5-2. Licenses to be Issued and Regulated by the Tribe.

The Executive Committee shall determine the appropriate number of hemp businesses. The 

Tribe or its designee shall adopt a uniform licensing application for approval or denial of 

licenses. The HCO retains the discretion to issue or deny licenses in accordance with this Plan 

and any Hemp Regulations.

Section 5-3. Waiting Period.

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

period of five (5) years from the date of termination.

Section 5-4. Background checks.

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

licensing. The Tribe may require other background checks. When a business applies for a 

license, the owners, directors, and managers must each submit to relevant background 

checks. Such reports must be completed not more than 60 days before the submission of a 

license application to the HCO.

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

accordance with section 15-1(a)(1); or

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

state, or federal jurisdictions.

(1) The Executive Committee may waive the above subsection (c) prohibition based upon the time and 

totality of the circumstances.

Section 5-5. Fees.

The Tribe may collect fees that are reasonable to the processing of license applications. Failure 

to pay the fees will result in the denial of an application.

Section 5-6. Application Contents.

Applications shall include at a minimum:

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

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

principal business location address, the full name of the applicant who will have 

signing authority on behalf of the entity, and email address.

c. Street address, location ID, and the GPS coordinates for each field, greenhouse, 

building, or site where hemp will be grown, handled, or processed.

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

jurisdiction.
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e. Proof of Insurance that includes worker’s compensation insurance, 

automobile, and general liability insurance.

f. A business and operations plan shall be included with the application that 

includes at a minimal the following:

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

planted or used for processing.

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

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

3. A security plan which shall include a general description of the security 

systems(s) and lighting plan showing the outside lighting, and current 

centrally alarmed and monitored security system service agreements.

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

5. A description and plan of all equipment and methods that will be 

employed to stop any impact to adjacent uses, including assurances that 

no odor will be detected from outside the Location.

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

7. A statement of previous farming experience.

8. Planned source of seeds or propagules.

g. The applicant’s criminal history report.

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

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

has been denied or conditionally approved.

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

CHAPTER 6. LICENSE AGREEMENTS

Section 6-1. License Agreement Required.

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

HCO have executed a license agreement.

Section 6-2. License Agreement Contents.

Any License Agreement shall contain at a minimum:

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

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

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

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

(1) Material found to have a tested greater than the acceptable hemp THC level

on a dry weight basis.

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

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

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

storage locations, GPS coordinates, and receive approval for those locations prior to 

having hemp on those premises.

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

Site Modification Request Form, and obtain prior written approval from the HCO 

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

agreement.

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

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

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

written permission from the HCO.

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

obtain written approval from the Tribe to apply such pesticides, hold a pesticide license 

and apply pesticides in accordance with regulations or the agreement.

(h) Acknowledgement by the applicant that the applicant shall comply with restrictions 

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

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

grower.

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

licensing agreement shall be available for inspection upon the request of a representative 

of the HCO or a law enforcement agency.

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

agency, a licensed grower and/or processor shall immediately produce a copy of his or 

her grower licensing agreement for inspection.

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

to which the grower and/or processor has agreed, on or before the deadlines established 

in this Plan.

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

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

reported to the HCO.

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

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

email.

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

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

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

and/or processor agreement shall constitute grounds for appropriate HCO or Executive 

Committee action, up to and including termination of the grower licensing agreement and 

expulsion from the Tribe’s hemp program.

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

conditional approval and a licensing agreement shall not be executed.

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

Section 6-3. Licensing Fees.

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

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

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

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

usual appropriation procedures for governmental and social services.

(d) Non-payment of fees after 10 days shall be considered a violation of the license 

agreement, and can result in suspension or revocation of their license

CHAPTER 7. SITE PERMITS

Section 7-1. Permits Required.

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

Section 7-2. Permits to be Issued and Regulated by the Tribe.

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

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

with the Hemp Regulations.

Section 7-3. License Required.

Permits may only be issued to individuals and entities with a license.

Section 7-4. Prohibited Locations.

Permits may not be issued for the following sites or locations:
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(a) Any place that is not listed in the grower licensing agreement.

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

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

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

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

(e) A licensed grower shall not plant hemp plants in an outdoor growing location of less 

than one-quarter acre unless prior approval is received in writing from the HCO. 

Section 7-5. Co-Locating Permitted.

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

location.

Section 7-6. Site Modifications.

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

than the sites specified by the location description and GPS coordinates listed in the grower 

and/or processor licensing agreement shall submit a Site Modification Request Form, and obtain 

written approval from a representative of the HCO, prior to planting, processing or storing at the 

proposed location.

Section 7-7. Site Access.

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

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

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

cause and with or without advanced notice.

Section 7-8. Fees.

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

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

This section shall not apply to Tribally-owned hemp operations.

CHAPTER 8. REPORTING AND RECORDKEEPING

Section 8-1. Reporting Requirements of HCO.

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

(a) Retain Information about Growing Locations. The location and its GPS coordinates

for every site or location where the Tribe has approved hemp to be grown.

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

and make available upon request to Tribal Law Enforcement, the DEA, and other law 

enforcement agencies whose representatives request registered site information, 

including the location and its GPS coordinates.
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(c) All applications for licensure, grants or denials of licenses, receipts of fees, distribution of 

fees and revenues to the Tribe.

(d) A quarterly report to the Executive Committee summarizing the HCO’s official actions, 

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

necessary to keep the Executive Committee fully informed as to the status of the HCO’s 

activities.

Section 8-2. HCO to Submit Growing locations and Grower License Information to 

United States Secretary of Agriculture and Farm Service Agency.

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

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

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

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

submit a criminal history report Tribal license number, telephone number, email 

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

number;

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

each field, facility (greenhouse/building), or other place where hemp is licensed to 

be grown;

(d) The status of license numbers and licensed growers, including any changes 

regarding a licensed grower; 

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

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

15th of each year.

 

Section 8-3. Harvesting/Disposal Reports.

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

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

failed crop.

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

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

well as the date the disposal was completed. 

Section 8-4. Planting Reports.

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

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

location. Each Field Planting Report shall identify the:
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(a) Correct hemp variety name as designated upon approval of the planting request 

or as approved by the HCO.

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

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

(d) The amount of acres harvested.

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

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

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

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

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

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

September 30, and December 31.

Section 8-5. Recordkeeping.

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

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

HCO are each responsible for maintaining such records.

CHAPTER 9. SEED ACQUISITION

Section 9-1. Seed Acquisition Within the United States.

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

unless the seeds are on a state and/or federally approved seed cultivars list and a request 

form is provided to the HCO with the seed and/or propagule on the current list. HCO 

approval is not required for such seeds or propagules.

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

form be submitted to the HCO and obtaining written approval of the Domestic 

Seed/Propagule Request from a representative of the HCO.

Section 9-2. Seed Acquisition from a Source Outside of the United States.

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

International Seed Request form to the HCO.

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

Commission’s DEA registration.

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

HCO first obtains a Permit to Import from the USDA or DEA or such seeds are on a 

federally approved list.

Section 9-3. Seeds of Wild, Landrace, or Unknown Origin.

(a) A person shall not acquire or grow hemp seeds or propagules of wild, landrace, 
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or unknown origin without first obtaining written approval from the HCO.

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

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

monitoring the replication and THC testing of mature plants grown from the seeds or 

propagules by the HCO or its designee.

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

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

landrace, or unknown origin, without advance written permission from the HCO shall be 

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

compensation of his or her materials.

CHAPTER 10. HARVESTING

Section 10-1. Grower Responsibilities.

Growers shall:

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

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

harvest of hemp.

(b) Collect samples of any hemp plants prior to harvest at any time. The grower or an 

authorized representative shall be present at the growing site for the sample collection. 

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

USDA’s Hemp Sampling Guidelines.

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

homogeneous composition of the plot.

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

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

and other structures used for the cultivation, handling, and storage of all hemp plants, and 

all locations listed in the grower licensing agreement.

(f) The licensed grower shall harvest the crop within fifteen (15) days following the date of 

the final pre-harvest sample collection and THC testing, but not before the samples are 

taken, tested, and determined by the testing lab to be acceptable hemp.

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

hemp plant materials from other lots .

Section 10-2. Pre-Harvest Sampling Process and Equipment.

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

Guidelines.

Section 10-3. Pre-Harvest Retest.
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A licensee may order a pre-harvest THC retesting of a plot if the results of an initial THC test 

on the pre-harvest sample indicate a delta-9-THC concentration in the pre- harvest sample in 

excess of 0.3% THC. A licensed grower shall pay any retest fees.

CHAPTER 11. THC TESTING

Section 11-1. Testing Procedures.

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

for delta-9 tetrahydrocannabinol hemp concentrations. The testing methodology must 

consider the potential conversion of delta-9 THCA into THC and the test result 

measure total available THC (THC + THCA). Testing methodologies include but are 

not limited to, gas or liquid chromatography with detection. The total THC 

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

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

with the test results.

(c) Testing shall be performed by a state or federally approved testing lab and in 

accordance with the USDA’s Hemp Testing Guidelines, including section 990.25. The 

Testing Lab and Licensee shall report the results to the USDA and HCO in accordance 

with section 990.70(d).

(d) Lots tested and not certified by a DEA-registered testing laboratory at or below the

acceptable hemp THC level may not be handled, processed or enter the stream of 

commerce and the grower shall lawfully dispose of the lot’s crop.

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

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

compliance. 

CHAPTER 12. CROP DISPOSAL

Section 12-1. Surrender and Disposal of Prohibited Varieties.

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

person authorized under the Controlled Substance Act to handle marijuana, such as a DEAregistered reverse distributor, or a duly authorized federal, state, tribal, or local law enforcement 

officer to dispose of the crop. Licensee shall provide a copy of such disposal action within 10 

days of the disposal.

Section 12-2. Licensees Required to Submit Crops Disposal Report.

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

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

contain the following information:

(a) The Location ID of the hemp plot to be disposed of;
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(b) The variety/strain of the hemp crop;

(c) The date of the proposed disposal;

(d) The proposed method of disposal;

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

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

(g) License number of the licensee; and

(h) Signature of the licensee.

Section 12-3. Expense of Crop Disposal.

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

Section 12-4. Penalty for Failing to Submit Crops Disposal Report.

Any Licensee that fails to submit a disposal report shall have their license revoked, may be 

banned from holding a hemp license in the future, and shall be subject to a civil penalty of up to

$2,500.

CHAPTER 13. PROHIBITED ACTIVITIES

Section 13-1. Growing or Processing Prohibited Varieties of Hemp Prohibited.

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

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

Section 13-2. Restrictions on Sale or Transfer.

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

Section 13-3. Operating Without a License Prohibited.

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

and/or license agreement.

Section 13-4. Intermingling Hemp With Other Crops.

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

writing from the HCO.

Section 13-5. Operating Minimum.

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

Section 13-6. Public Access to Hemp Restricted.
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The public may not access hemp plots for activities such as a maze. Licensees shall not allow 

the unsupervised public on permitted sites.

CHAPTER 14. NEGLIGENT VIOLATIONS

Section 14-1. Negligent Violations.

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

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

(2) Failure to obtain a license; or

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

(b) A person does not commit a negligent violation if they produce plants that

exceed acceptable hemp THC levels and use reasonable efforts to grow hemp and the plant does not have a 

THC concentration of more than 0.5% on a dry weight basis.

Section 14-2. Corrective Action Plans for Negligent Violations.

(a) A person who is found by the HCO to have grown hemp that tested in excess of 0.3% 

THC shall be subject to a corrective action plan. Corrective action plans issued by the 

HCO shall include, at a minimum, the following information:

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

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

compliance with the corrective action plan, applicable hemp statutes and 

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

the corrective action plan.

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

government criminal enforcement action.

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

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

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

plan has been implemented. 

(b) A person does not commit a negligent violation if they produce plants that exceed 

acceptable hemp THC levels and use reasonable efforts to grow hemp and the plant does 

not have a THC concentration of more than 0.5% on a dry weight basis.

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

reasonably prudent person would exercise in complying with this Plan and the federal 

hemp regulations.

(d) Violations made with a culpable mental state greater than negligence shall be reported to 
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the U.S. Attorney General and the chief law enforcement officer of the State and Tribe.

CHAPTER 15. FELONIES

15-1. FELONIES

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

participating in the plan and producing hemp for 10 years from the date of the conviction,

unless such person was lawfully growing hemp:

(1) before December 20, 2018 under the 2014 Farm Bill and whose conviction also occurred 

before that date; or

(2) with a license, registration, or authorization under the 2014 Farm Bill pilot program.

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

interests in the entity in accordance with section 5-4(a) for the purposes of 15(a).

CHAPTER 16. PENALTIES

Section 16-1. Applicability.

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

penalties set forth within.

Section 16-2. Immediate License Suspension.

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

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

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

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

Section 16-3. License Suspension and Revocation.

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

may be temporarily suspended or revoked if the HCO receives information supporting an 

allegation that a licensed grower has:

(a) Violated a Regulation.

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

in the application.

(e) Been found to be growing or in possession of hemp greater than 0.3% THC. A person 

does not commit a negligent violation, however, if they produce plants that exceed 

acceptable hemp THC levels and use reasonable efforts to grow hemp and the plant does 

not have a THC concentration of more than 0.5% on a dry weight basis.
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(c) Failed to comply with an order from the HCO or applicable law enforcement agency.

Section 16-4. Consequences of License Suspension.

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

remove hemp from the premises where it is located at the time when the HCO issued its 

notice of temporary suspension, except as authorized in writing by the HCO.

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

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

the licensed grower’s possession.

Section 16-5. Termination of Licensing Agreement.

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

finding that a licensed grower and/or processor has committed any of the acts greater than 

negligence in violation of this Plan or the Hemp Regulations, or violated any provision of an 

applicable licensing agreement.

Section 16-6. Termination of Employment.

Tribal employees, including the HCO, may be terminated for violating provisions of this 

Plan.

Section 16-7. Civil Penalties.

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

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

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

per violation.

Section 16-8. Forfeiture.

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

compensation if it is being commercially grown, processed, or handled without a license or at an 

unpermitted location.

Section 16-9. Stacking of Penalties Allowed.

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

HCO is permitted to stack various penalties.

Section 16-10 Advisement of Rights.

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

rights, including the right to a hearing, if applicable.

Section 16-11. Mandatory Reporting.
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Any person who is found by the HCO to have violated any statute or administrative regulation 

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

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

CHAPTER 17. APPEALS

Section 17-1. Burden of Proof.

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

preponderance of the evidence.

Section 17-2. Right to Review of Adverse Decisions.

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

Regulations may seek the HCO’s review of such decision.

Section 17-3. Requesting a Review Hearing.

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

HCO within ten (10) calendar days of service to the recipient of the written notice of the 

HCO’s decision. The petition must state the bases that support the person’s position. If no 

request is provided within 10 calendar days, the HCO’s decision shall be deemed final.

Section 17-4. HCO Review Hearing.

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

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

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

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

Section 17-5. Requesting a Tribal Court Review Hearing.

A person may request the Tribal Court review the HCO’s decision. Such request for review 

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

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

HCO’s decision shall be deemed final.

Section 17-6. Tribal Court Review Hearing.

The Tribal Court shall schedule a hearing within 30 calendar days of receiving the request for 

hearing. The person and HCO shall submit any court briefs to the Court and the other party, 

including their evidence and witness list at least 10 calendar days prior to the hearing. At the 

Tribal Court hearing, the person and the HCO may provide evidence and testimony. Upon 

consideration of these, the Tribal Court shall issue a decision within 15 calendar days of the 

hearing. The Tribal Court shall issue a written decision. The Tribal Court decision shall be final 

and is not subject to further review. 

Section 17-7. Legal Standard.
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The legal standard for review shall be clear and convincing.

CHAPTER 18. MISCELLANEOUS

Section 18-1. Amendments.

This Plan may be amended by the Executive Committee.

Section 18-2. Savings Clause. 

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

found by a court of competent jurisdiction to violate the Constitution or laws of the Tribe or any 

federal law, such phrase, provision, part, paragraph, subsection or section shall be considered to 

stand alone and be deleted from this Plan. The entirety of the balance of this Plan shall remain in 

full and binding force and effect.
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LEGISLATIVE HISTORY

This Plan was enacted by the Pala Band of Mission Indians general Council on 

February 12, 2020, by Resolution Number 20-01. This Plan was approved by the 

Secretary of the United States Department of Agriculture on _ , 2020.