WICHITA AND AFFILIATED TRIBES

HEMP PRODUCTION CODE

SECTION 1: SHORT TITLE

This Code shall be known and may be cited as the "Hemp Production Code."

SECTION 2: DECLARATION OF POLICY

It is the declared policy of the Wichita and Affiliated Tribes (“Wichita Tribe”) that hemp is a

beneficial agricultural crop and valuable economic commodity, and is appropriate for development

into commercial enterprises within the Territory of the Wichita Tribe. The purposes of this Code are

to:

(1) Promote the legal and efficient production of hemp, and the creation of new commercial

markets for producers through the sale of hemp, in accordance with the requirements and

procedures in this Code;

(2) Promote the development of the hemp industry as permitted by law and allow producers to

cultivate, handle, process, transport, and sell hemp for commercial purposes;

(3) Regulate hemp as an agricultural commodity in the Territory of the Wichita Tribe, with

appropriate monitoring and law enforcement procedures;

(4) Enable affiliated Institutions of Higher Education to conduct research regarding the

production of hemp in the Territory of the Wichita Tribe; and

(5) Protect the political integrity, economic security, health and welfare, and public safety of the

Wichita Tribe, its Tribal Members, and the local communities within its Territory.

SECTION 3: DEFINITIONS

(1) "Acceptable hemp THC level" meanswhen the application of themeasurement of uncertainty

to the reported total THC concentration level on a dry weight basis produces a distribution

or range that includes three-tenths of one percent (0.3%) or less.

(2) "Act" means the Agricultural Marketing Act of 1946.

(3) "Administrator" means the Administrator of the Agricultural Marketing Service (AMS) of

the U.S. Department of Agriculture.

(4) "Agency" means any and all law enforcement agencies designated by the Wichita Tribe for

protection of public safety within the Territory of the Wichita Tribe.

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(5) "AMS" means the Agricultural Marketing Service of the U.S. Department ofAgriculture.

(6) "Applicant" means a person, or a person who is authorized to sign for an entity, who

applies to participate in the Wichita Tribal Hemp Program.

(7) "BIA" means the Bureau of Indian Affairs.

(8) "Cannabis" means any form of a plant in the genus Cannabis in which the THC

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

(9) “Commission” means the Tax Commission of the Wichita and Affiliated Tribes.

(10) "Conviction" means any plea of guilty or nolo contendere, or any finding of guilt, except

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

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, or the conditions of a deferred sentence are

successfully completed and the case is dismissed by the court with the status of a nonconviction, the individual is no longer considered to have a conviction for purposes of

this part.

(11) "Corrective action plan" means a plan established by the Commission for a Producer to

correct a negligent violation or non-compliance with a hemp production license under

this Code.

(12) "Criminal history report" means the Federal Bureau of Investigation's Identity History

Summary.

(13) "CSA" means the Controlled Substances Act as codified in 21 U.S.C. § 801 etseq.

(14) "Culpable mental state greater than negligence" means to act intentionally, knowingly,

willfully, or recklessly.

(15) "Decarboxylated" means the completion of the chemical reaction that converts THCacid (THC-A) into THC.

(16) "Decarboxylation" means the removal or elimination of a carboxyl group from a

molecule or organic compound.

(17) "DEA" means the United States Drug Enforcement Administration.

(18) "Dry weight basis" means the ratio of the amount of moisture in a sample to the amount

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of dry solid in a sample. The percentage of THC on a dry weight basis means the

percentage of THC, by weight, in cannabis item after excluding moisture from the item.

(19) "Entity" means a corporation, foundation, organization, business trust, estate, limited

liability company, licensed corporation, trust, partnership, limited liability partnership,

association, or other form of legal business entity, as well as a tribal, state, or local

government entity.

(20) “Executive Committee” means the Executive Committee of the Wichita and Affiliated

Tribes.

(21) "FSA" means the Farm Service Agency, an agency of the United States Department of

Agriculture.

(22) "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.

(23) "Geospatial location" means a location designated through a global system of

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

(24) "Greenhouse" means a structure with walls and roof made chiefly of transparent

material in which hemp is produced. "Greenhouse" also includes any other structures

used for hydroponic or other indoor hemp production.

(25) "Handle" means to harvest or store hemp prior to the delivery of such plants or plant

parts for further processing. "Handle" also includes the disposal of cannabis plants that

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

(26) "Hemp" means the plant Cannabis saliva 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 THC concentration of not more than threetenths of one percent (0.3%) on a dry weight basis.

(27) "High-performance liquid chromatography" means a type of chromatography technique

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

mixture. High-performance liquid chromatography relies on pumps to pass a

pressurized liquid solvent containing the sample mixture through a column filled with

a solid adsorbent material to separate and analyze compounds.

(28) "Hydroponic" means the method of growing plants without soil by instead using mineral

nutrient solutions in a water solvent.

(29) "Information Sharing System" means the database mandated under the Act which allows

USDA to share information collected under state, tribal, and USDA plans with federal,

state, tribal, and local law enforcement.

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(30) "Institution of Higher Education" means the definition assigned to it by 20 U.S.C. §

1001.

(31) "Key Participant" means a sole proprietor, a partner in a partnership, or a person with

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

control includes persons such as a chief executive officer, chief operating officer, and

chief financial officer. This definition does not include non-executive managers such as

farm, field, or shift managers.

(32) "License" means a license for the production of hemp in the Territory of the Wichita

Tribe.

(33) "Lot" means a contiguous area in a field, greenhouse, or indoor growing structure

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

(34) "Marijuana" means all cannabis that tests as having a concentration level of THC on a

dry weight basis of higher than three-tenths of one percent (0.3%).

(35) "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.

(36) "Negligence" means a failure to exercise the level of care that a reasonable and prudent

person would exercise in complying with this Code.

(37) "Phytocannabinoid" means cannabinoid chemical compounds found in the cannabis

plant, two of which are THC and cannabidiol (CBD).

(38) "Post-decarboxylation" means, a value determined after the process of decarboxylation

that determines the total potential THC content derived from the sum of the THC and

THC-A content and reported on a dry weight basis.

(39) "Produce" means to grow hemp for market, or for cultivation for market, in the United

States.

(40) "Producer" means an entity or person that is licensed or authorized to produce hemp

under this Code.

(41) "Reverse Distributor" means a person who is registered with the DEA to dispose of

marijuana under the CSA.

(42) "Secretary" means the Secretary of Agriculture of the United States.

(43) "Territory of the Wichita Tribe" means all land within the limits of the Wichita and Affiliated

Tribes Reservation under the jurisdiction of the United States Government, notwithstanding

the issuance of any patent, including rights of- way running through the reservation and any

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lands title to which is either held in trust by the United States for the benefit of the Wichita

and Affiliated Tribes or individual Tribal member or held by the Wichita and Affiliated Tribes

or Tribal member subject to restriction by the United States against alienation and over which

the Tribe exercises jurisdiction.

(44) "THC" means the chemical compound delta-9 tetrahydrocannabinol, as described in 7 C.F.R

§ 990 et seq.

(45) "USDA" means the United States Department of Agriculture.

All other terms in this Code not defined above shall have the same definitions as provided in 7 C.F.R

§ 990 et seq.

SECTION 4: HEMP AUTHORIZED AS AN AGRICULTURAL CROP

(1) Hemp that has no more than three-tenths of one percent (0.3%) THC shall be considered an

agricultural crop in the Territory of the Wichita Tribe. Upon meeting the requirements of this

Code, a person may produce hemp within the Territory of the Wichita Tribe pursuant to the

scope of a valid license issued by the Commission in accordance with the continuing

responsibilities and reporting requirements of this Code.

(2) If and to the extent that other forms of cannabis or products related thereto become authorized

for production under federal law and the laws of the Wichita and Affiliated Tribes in the

future, this Code shall be revised to govern the production of such plants and products within

the Territory of the Wichita Tribe.

SECTION 5: HEMP PRODUCTION LICENSE

(1) Any person or entity producing or intending to produce hemp must have a valid license from

the Commission prior to producing hemp. A valid license means the license is unexpired,

unsuspended, unrevoked, and contains current information as required by this Code.

(2) A person or entity intending to produce hemp shall apply to the Commission and provide

information and documentation as set forth in the licensing procedures. The Commission

shall consult and coordinate with the Executive Committee during the development of the

licensing procedures, and approval by the Executive Committee or its designee shall be

required prior to issuing a hemp production license to any party.

(3) Applicants shall submit a signed, complete, accurate, and legible application for a new

license or license renewal within the timeline specified by the Commission for each license

year.

(4) Applications must include the followinginformation:

(a) For each applicant who is an individual, the full name of the individual, principal

business location address, telephone number, and (if available) email address;

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(b) For each applicant that is an entity, the full name of the entity, the principal business

location address, employer identification number (EIN) of the business, and the full

name, title, and email address (if available) of each employee for whom the entity is

required to submit a criminal history record report;

(c) A current Federal Bureau of Investigation Identity History Summary. If the applicant

is an entity, a criminal history record report shall be provided for each key

participant. The applicant shall ensure the criminal history record report accompanies

the application. The criminal history record report must be dated within thirty (30)

days prior to the application submission date. A license application will not be

considered without all required criminal history reports;

(d) A legal description or street address of the land on which the Producer will

produce hemp, including to the extent practicable its geospatial location;

(e) The amount of land acreage or greenhouse indoorsquare footage dedicated to the

production of hemp; and

(f) The application fee as designated by the Commission.

Applications missing required information shall be returned to the applicant as

incomplete. If a license application is denied, the notification from the Commission will

explain the cause for denial. The applicant may resubmit a completed application.

(5) All licenses for hemp production shall be valid for one (1) year from the date of issuance,

unless otherwise revoked at an earlier date, with an expiration date of December 31 of the

license year. Hemp production licenses shall not automatically renew, and applications

for renewal shall be subject to the same terms, information requirements, approval

criteria, and fees as provided in this Code for initial applications.

(6) A license modification is required if there is any change to the information submitted in

the application including, but not limited to: sale of a business; the production, handling,

or storage of hemp in a new location; or a change in the key participants producing

under a license. It shall be the responsibility of the license holder to provide updated

license information to the Commission within ten (10) business days of the occurrence

of any change in license information, and failure to timely provide updated license

information shall be grounds for license revocation.

(7) Licenses may not be sold, assigned, transferred, pledged, or otherwise disposed of,

alienated, or encumbered. Any sale or other transfer of a controlling interest in a

licensed Producer must be reported in writing to the Commission within thirty (30) days

of the date of the transfer, and the persons or entities obtaining the controlling interest

must meet the licensing requirements for applicants as set forth in this Code.

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(8) Criminal history report

(a) All costs associated with the criminal history report are the responsibility of the

applicant and are not covered or included in the application fees.

(b) The Producer is responsible for all individuals that will engage in the cultivation

or handling of hemp on its behalf.

(c) The Producer must report any felony convictions of each employee for whom

the entity is required to submit a criminal history record report relating to

controlled substances under federal, state, or tribal law to the Commission within

five (5) days of receiving notice of such conviction.

(9) By submitting an application, the applicant acknowledges and agrees to the following terms

and conditions:

(a) Any information provided to the Commission may be provided to law enforcement

agencies without further notice to the applicant;

(b) The applicant or Producer shall allow and fully cooperate with any information

requests, inspections, and sampling that the Commission or Executive Committee

deem necessary;

(c) By submitting a completed license application, applicants consent to comply with the

requirements of this Code and to all applicable laws, regulations, and the exclusive

jurisdiction of the Wichita and Affiliated Tribes.

(10) If the applicant has completed the application process to the satisfaction of the Commission,

the Commission shall present the application to the Executive Committee or its designee for

approval to issue the License.

(11) All licenses for the production of hemp shall be given a license number and other identifiers

as directed by the Commission.

SECTION 6: INFORMATION MAINTENANCE

The Commission shall maintain relevant information regarding land and facilities where hemp is

produced in the Territory of the Wichita Tribe, including: contact information described in Section

5; a legal description of the land on which the Producer will produce hemp, and to the extent

practicable, its geospatial location; the status and number of the Producer's license or authorization;

and test results of hemp; for a period of not less than five (5) years. Producers shall provide, and the

Commission shall retain and report, all information as required under the applicable provisions of 7

C.F.R. §990 et seq.

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SECTION 7: INFORMATION SUBMISSION

(1) Producers must report their hemp crop acreage to the FSA and shall provide, at a minimum,

the following information:

(a) Legal description or street address and, to the extent practicable, geospatial location

of the lot, greenhouse, building, or site where hemp will be produced. All locations

where hemp is produced must be reported to FSA.

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

dedicated to the production of hemp.

(c) Total acreage of hemp planted, harvested, and disposed.

(d) License identifier.

All such information must be submitted to the USDA in a format that is compatible with

USDA's information sharing system.

(2) Hemp Producer Report

The Commission shall submit to USDA, by the first of each month (or with the timing

and frequency otherwise specified by the USDA), a report providing the contact

information and the status of the license issued for each hemp Producer. The report shall

be submitted using a digital format compatible with USDA's information sharing

systems, whenever possible. The report shall at minimum contain the following

information:

(a) For each new Producer who is an individual, the full name of the individual,

license identifier, business address, telephone number, and email address (if

available);

(b) For each new Producer who is an entity, the full name of the entity, the principal

business location address, license identifier, EIN number, and the full name title,

and email address (if available) of each employee for whom the entity is required

to submit a criminal history record report;

(c) For each Producer that was included in a previous report and whose reported

information has changed, the report shall include the previously reported

information and the new information;

(d) Legal description or street address and, to the extent practicable, geospatial

location for each land area or greenhouse where hemp will be produced. If an

applicant operates in more than one location, the information shall be provided

for all production sites;

(e) The total acreage of hemp planted and harvested;

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(f) The status of each producer's license or authorization;

(g) The period covered by the report; and

(h) A description of any licensing changes during the current reporting cycle, if

applicable.

(3) Hemp Disposal Report

(a) If a Producer has produced cannabis exceeding the acceptable hemp THC level,

the cannabis shall be subject to disposal or remediation in accordance with the

applicable regulations found in 7 C.F.R. §990.27. The Commission shall submit

to USDA a report notifying USDA of any occurrence of non-conformingplants

or plant material and providing a disposal record of those plants and materials

by the first day of each month. The report shall be submitted using a digital

format compatible with USDA's information sharing systems, whenever

possible. The report shall contain the following information:

(i) The name and contact information (including address) for each Producer

subject to disposal during the reporting period;

(ii) The Producer's license identifier;

(iii) The location information, including the lot number, location type, and

geospatial location or other location description for the production are

subject to disposal;

(iv) Laboratory test results report for the lot;

(v) Information on the agent handling the disposal, and if completed by the

Agency, an attestation of the agents stating all of the marijuana was

disposed and the method of disposal;

(vi) The disposal completion date; and

(vii) The total acreage of disposed plants and materials.

(b) Remediation of nonconforming plants shall be done in accordance with USDA

Remediation and Disposal Guidelines. https://www.ams.usda.gov/rulesregulations/hemp/rulemaking-documents

(4) Annual Report

(a) The Commission shall submit an annual hemp production report to USDA. The

report form shall contain the following information:

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(i) The total planted acreage;

(ii) The total harvested acreage;

(iii) The total acreage disposed; and

(iv) Any other data required under 7 C.F.R. §990 et seq.

SECTION 8: SAMPLING PROCEDURE

(1) Within thirty (30) days prior to the anticipated harvest of cannabis plants, a Federal or Tribal

law enforcement agency or other Federal or Tribal authorized and designated agent shall

collect samples from the flower material from such cannabis plants for THC concentration

level testing as described in Section 9 and in conformance with applicable requirements of 7

C.F.R. §990 et seq. Producers may not collect samples from their own growing facilities.

(2) The designated agent shall be trained using USDA-approved training.

(3) The Tribe shall maintain information regarding the training of designated sampling agents.

Such information shall be made available to Producers upon request to the Commission.

(4) Samples shall be obtained from the flowering tops of plants when flowering tops are present,

and shall be approximately five to eight inches in length from the "main stem" (that includes

the leaves and flowers), "terminal bud" (that occurs at the end of a stem), or "central cola"

(cut stem that could develop into a bud) of the flowering top of the plant.

(5) The method used for sampling from the flower material of the cannabis must be sufficient at

a confidence level of ninety-five percent (95%) that no more than one percent (1%) of the

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

must ensure that a representative sample is collected that represents a homogeneous

composition of the lot.

(6) The sampling agency or designated person shall collect samples in accordance with the

Wichita and Affiliated Tribes Hemp Sampling Procedures, which are included and

incorporated herein. \.

(7) During the scheduled sample collection, the Producer or an authorized representative of the

Producer shall be present at the growing site.

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

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

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

storage of all hemp and other cannabis plants, and all locationslisted in the Producer'slicense.

(9) A Producer shall not harvest the cannabis crop prior to samples being taken.

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SECTION 9: THC TESTING

(1) Analytical testing for purposes of detecting the concentration levels of THC in the flower

material of the cannabis plant shall be in conformance with applicable provisions of 7 C.F.R.

§990 et seq., and at minimum shall meet the following standards:

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

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

method used is appropriate and that the laboratory can successfully perform the

testing;

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

performance; and

(d) Method performance specifications must ensure analytical tests are sufficiently

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

(2) At a minimum, analytical testing of samples for THC concentration levels must use postdecarboxylation or other similarly reliable methods approved by the Secretary. The testing

methodology must consider the potential conversion of THC-A in hemp into THC and the

test result reflect the total available THC derived from the sum of the THC and THC-A

content. Testing methodologies meeting these requirements include, but are not limited to,

gas or liquid chromatography with detection.

(3) The total THC concentration level shall be determined and reported on a dry weight basis.

Additionally, measurement of uncertainty must be estimated and reported with test results.

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

and evaluate measurement uncertainty.

(4) The Producer is responsible for ensuring and paying the costs for samples to be received and

prepared for testing by a qualified laboratory. Beginning January 1, 2022, all laboratories

utilized for testing hemp produced pursuant to this Code must be registered with the DEA.

(5) The laboratory shall follow USDA-compliant preparation and testing procedures for

identifying Delta-9 Tetrahydrocannabinol Concentration in hemp. Analytical testing of

samples to determine total delta-9 tetrahydrocannabinol THC should meet the following

standards:

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

results;

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

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

successfully perform the testing;

(c) Protocols for demonstrating testing validity must ensure consistent, accurate

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analytical performance;

(d) Method performance specifications must ensure analytical tests are sufficiently

sensitive for the purposes of the detectability requirements of this part; and

(e) Testing protocols must include an effective disposal procedure, in accordance with

USDA guidelines, for non-compliant samples that do not meet the requirements of

this part.

(f) Measurement of uncertainty (MU) must be estimated and reported with test results.

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

activities and evaluate measurement of uncertainty.

(g) Sample preparation of pre- or post-harvest sample shall require grinding of the

sample to ensure homogeneity of plant material prior to testing.

At a minimum, analytical testing of samples for total delta-9 tetrahydrocannabinol concentration levels

must use post-decarboxylation or othersimilarly reliable methods approved by the Secretary in writing.

The testing methodology must consider the potential conversion of delta-9 tetrahydrocannabinolic acid

(THCA) in hemp into delta-9 tetrahydrocannabinol (THC), and the test result must reflect the total

available THC derived from the sum of the THC and THCA content. Current testing methodologies

meeting these requirements include gas chromatography and liquid chromatography. Other methods

may be approved if they meet the regulatory requirements.

(6) Any test of a representative sample resulting in higher than legally-authorized THC level

shall be conclusive evidence that the lot represented by the sample is not in compliance

with this part. Lots tested and not certified by a qualified laboratory at or below the

acceptable hemp THC level shall only be utilized or disposed of in accordance with

Section 13.

(7) Samples of hemp plant material from one lot or production site shall not be comingled

with hemp plant material from other lots or sites.

(8) Laboratories utilized for testing must have an effective disposal procedure for cannabis

in accordance with applicable federal regulations.

(9) For each sample tested pursuant to this Section, the laboratory shall provide a laboratory

test result report containing the following information:

(a) Producer's license number;

(b) Name of Producer;

(c) Business address of Producer;

(d) Lot identification information for the sample;

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(e) Name and DEA registration number of laboratory (a DEA registration number is

required beginning January 1, 2022);

(f) Date of test and report;

(g) Identification of a retest; and

(h) Test result.

(10) An official THC compliance test result must be provided to the USDA by the lab for each

lot.

(11) Any hemp program licensee may request that the laboratory retestsamplesif it is believed

the original THC concentration level test results were in error. The licensee requesting

the retest of the second sample will pay the cost of the test. The retest result shall be

issued to the licensee requesting the retest and a copy shall be provided to the Commission

and USDA or its agent.

(12) The Producer shall harvest the crop not more than thirty (30) days following the date of

sample collection.

(13) If the producer fails to complete harvest within thirty (30) days of sample collection, a

secondary pre-harvested sample of the lot shall be required to be submitted for testing.

(14) Harvested lots of hemp plants shall not be commingled with other harvested lots or other

material until they have been tested and found compliant with the requirements of this

Code and the Commission gives written permission.

(15) Lots that do not exceed the acceptable hemp THC level may enter the stream of

commerce.

SECTION 10: NOTIFICATION REQUIREMENTS

(1) The Commission shall promptly notify the USDA by certified mail or electronically of

any occurrence of cannabis plants or plant material that do not meet the definition of

hemp in this Code, and attach the records demonstrating the appropriate use or disposal

of all of those plants and materials in the lot from which the representative samples were

taken.

(2) Each Producer shall file with the Commission documentation showing that the seeds planted

are of a type and variety certified to have no more than three-tenths of one percent (0.3%)

THC. Acceptable seed certifications are those issued by the Association of Official Seed

Certifying Agencies (AOSCA), the Organization for Economic Cooperation and

Development (OECD), or other agencies approved by the Commission in conformance with

7 C.F.R. §990 et seq.

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(3) Each Producer shall notify the Commission of the sale or distribution of any hemp grown

by the Producer, including the name and address of the person receiving the hemp.

SECTION 11: ENFORCEMENT PROCEDURES - VIOLATIONS

A violation of this Code shall be subject to enforcement solely in accordance with the terms of

this Section.

(1) Negligent violation. Negligent violations shall include, but not be limited to:

(a) Failure to provide a full and accurate legal description orstreet address of land on

which the Producer produces hemp;

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

(c) Production of cannabis with a THC concentration exceeding the acceptable hemp

THC level. Hemp Producers do not commit a negligent violation under this

subsection if they make reasonable efforts to grow hemp and the cannabis does

not have a THC concentration of more than one percent (1.0%) on a dry weight

basis.

(2) Corrective action plan. A Producer described in Subsection (1) shall comply with a plan

established by the Commission to correct the negligent violation, including:

(a) A reasonable date by which the Producer shall correct the negligent violation; and

(b) A requirement that the Producer shall quarterly report to the Commission on the

compliance of the Producer with the corrective action plan for a period of not

less than the next two (2) calendar years from the date of the negligent violation.

The Commission shall conduct inspections to determine if the corrective action plan has

been implemented.

(3) Result of a negligent violation.

(1) A Producer that negligently violates this Code under subsection shall not as a result

of that violation be subject to any criminal enforcement action.

(2) A Producer shall not receive more than one negligent violation per growing season.

(4) Repeat violations.

(a) A Producer that negligently violates this Code under subsection (1) 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.

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(b) A Producer who violates clause (a) shall have all plants and plants products

within the Territory of the Wichita and Affiliated Tribes seized by the

Commission and disposed of in accordance with Section 13.

(5) Culpable violations.

(a) If the Commission determines that a Producer has violated this Code with a

culpable mental state greater than negligence, the Commission shall immediately

report the producer to:

(i) The Special Agent in Charge for the Bureau of Indian Affairs Office of

Justice Services for District II; and

(ii) The U.S. Attorney General.

(b) Subsections (1)-(4) of this Section shall not apply to the violation.

(6) Felony.

(a) In general. Except as provided in clause (b), any person convicted of a felony

relating to a controlled substance under Federal law before, on, or after the date

of December 20, 2018, shall be ineligible, during the ten (10) year period

following the date of the conviction, to participate in hemp production under this

Code.

(b) Entities. If any key participant of an entity has been convicted of a felony related

to a controlled substance, then the entity shall be ineligible during the ten (10)

year period following the date of the conviction to participate in hemp

production under this Code, unless the entity terminates the employment of

and/or any other business connection with the convicted key participant within

thirty (30) days after the conviction.

(7) False statement. Any person who materially falsifies any information contained in an

application to participate in hemp production shall be ineligible to participate under this

Code.

(8) Any person who is found to have violated subsections (5)-(7) above shall have their

plants and plants products seized by the Commission and disposed of in accordance with

Section 13.

SECTION 12: INSPECTIONS

(1) The Commission shall have authority to conduct random inspections of Producers

and all lots to verify compliance with all requirements of the license issued.

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(2) The Commission shall annually inspect a random sample of hemp from all Producers

to verify that hemp is not produced in violation of this Code.

(3) Inspections may be conducted by the Commission without advance notice to Producers.

(4) Inspections may include sampling by Commission inspectors for testing to determine

hemp THC levels or any other Commission-defined purpose under this Code.

(5) If a violation of this Code has been found as a result of an inspection, the violation

shall be resolved by the procedures described in Section 11.

SECTION 13: PROCEDURE FOR DISPOSAL OF NONCOMPLIANT CANNABIS

Disposal Requirements:

(1) Cannabis that tests higher than three-tenths of one percent (0.3%) THC concentration

shall be disposed of in compliance with applicable disposal regulations found in 7

CFR § 990 et seq.

(2) All cannabis cultivated at the same lot and that tests higher than three-tenths of one

percent (0.3%) THC shall be promptly disposed of according to the following

disposition:

(a) The Producer shall, under the supervision of the Commission, collect all

plants from the lot and surrender them to the Commission;

(b) The Commission shall then either:

(i) Immediately contact and, as soon as practicable, deliver to or provide

for the pick-up of the plants by a reverse distributor for disposal; or

(ii) Dispose of the plants on-site in such a way as to render it to a nonretrievable state in order to prevent diversion of any such substance to

illicit purposes and to protect the public health and safety, in

accordance with the procedures authorized under 7 CFR §990 et seq.

The disposal shall be observed and documented by the Commission

in accordance with 7 CFR §990.70.

(3) The Commission shall collect and remit to the United States Department of

Agriculture all of the information required in the provisions of 7 CFR §990 et seq.

applicable to disposal activities.

(4) The Producer shall pay all costs for disposal.

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SECTION 14: DISPOSITION OF FEES

The Commission shall provide a quarterly (and whenever directed by the Executive Committee)

report to the Executive Committee of the Wichita and Affiliated Tribes on all fees assessed and

received pursuant to this Code. An appropriate portion of the annual fee receiptsshall be utilized

for funding of administration and enforcement of this Code.

SECTION 15: LAND USE RESTRICTIONS AND SITE MODIFICATION

(1) A Producer shall not produce hemp on any site not listed in the license application.

(2) A Producer shall not produce hemp in any structure that is used for residential purposes.

SECTION 16: TRANSPORTATION REQUIREMENTS

A Producer or other person responsible for the transportation of hemp must ensure the following

documentation accompanies the hemp at all times during transport:

(1) A copy of the Producer's license that corresponds to the lot from which the hemp

originated;

(2) A copy of the pre-harvest test results that corresponds to the lot in transit; and

(3) Any other documentation that may be required by theCommission.

SECTION 17: EFFECTS ON OTHER LAWS

Agricultural leases authorized under the American Indian Agricultural Resource Management

Act of 1993 (25 USC § 3701 et seq.) and BIA agricultural lease regulations (25 CFR Part 162)

for the production of hemp shall include provisions to implement and enforce this Code and

shall not include provisions which are in conflict with this Code.

SECTION 18: COMPLIANCE WITH FEDERAL LAW

Nothing in this Code authorizes any person to violate any Federal or Tribal law, ordinance, or

regulation. This Code shall be interpreted and applied in conformance with applicable

provisions of 7 C.F.R. §90 et seq., and all hemp production activities shall be conducted in

compliance with this Code and all applicable laws, ordinances, and regulations.

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WICHITA AND AFFILIATED TRIBES HEMP SAMPLING PROCEDURES

I. Introduction and Purpose

In accordance with Tribal and federal regulations, the Wichita and Affiliated Tribes must sample all hemp

fields and/or varieties, individually known as a “lot”, prior to harvest. These procedures are for collecting

samples that will be analyzed for tetrahydrocannabinol (THC) according to Tribal and federal regulations

to determine whether the specimens are considered industrial hemp or marijuana. The sample

measurements are intended to be representative of the THC concentration of a hemp crop lot.

II. Scope

Samples collected under these procedures are acceptable for submission to a Tribally-approved DEAregistered laboratory for determination of THC concentration in hemp. Because the THC content of hemp

generally peaks as the plant ripens, the timing of sampling is important to accurately measure the true THC

concentration of the lot and ensure compliance with the Tribal Hemp Production Code.

III. Equipment and Supplies

1. Garden pruners/shears

2. Rubbing alcohol disposable wipes

3. Paper sample bags

i. The size of the bag will depend upon the number of clippings collected per lot.

ii.Use bags made from material known to be free from THC.

4. Security tape

5. Permanent markers and ink pens

6. Notice of Inspection

7. Sample collection forms

8. Copy of maps showing field(s) to be sampled

9. Copy of licensee planting report

10. GPS Unit of lot being sampled

11. Nitrile disposable gloves

12. Bucket to carry samples

13. Plastic container with locking lid for transport

IV. Procedure

A. Grower Responsibilities

1. The licensee or designated responsible party shall accompany the inspector

throughout the sampling process.

2. The inspector shall be provided with complete and unrestricted access to all hemp

plants, whether harvested or not, and all land, buildings or other structures used for

the cultivation, handling and storage of hemp plants or plant parts.

3. If the crop is confirmed to be eligible for harvest, the grower shall harvest the crop

not more than 15 days following the date of sample collection by the inspector.

4. Harvested materials shall not be comingled, removed from the grower’s property, or

extracted until released by the Tribe and upon receipt of satisfactory laboratory

certificate of analysis.

B. Verification of Field to be Sampled

1. The inspector should verify the GPS coordinates of the growing area as compared

with the GPS coordinates submitted by the licensee to the Tribe.

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2. The inspector should estimate average height, appearance, approximate density,

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

inflorescences (flowers/buds).

3. The inspector should visually establish the homogeneity of the stand to establish that

the growing area is of like variety.

C. Determining the Number of Subsamples to Collect for the Composite Sample

1. The size of the growing area shall be considered for purposes of determining the

number of individual plants to select for sampling. Samples from separate lots

(approved location ID) and/or varieties must not be comingled, but must be kept

separate.

2. To determine the number of plants to sample for lots less than 10 acres, including

greenhouses and indoor growing structures, use Table 1 (included in these

procedures).

3. To determine the number of plants to sample for lots greater than 10 acres, including

greenhouses and indoor growing structures, use Table 2 (included in these

procedures).

D. Sample Identification and Collection of the Hemp Plant Material

1. Identify all samples with the following minimum information:

i. The sample identification shall include the following information to be written on

the sample bag: 1) inspector contact information; 2) name and contact information

of the licensee; 3) industrial hemp license number; 4) date of sample collection,

and 5) Lot ID (approved location ID) and any further information as provided by

the USDA Farm Service Agency.

2. Ensure the cutting shears are free from any potential contaminating material prior to

entering area to be sampled by wiping them with disposable alcohol wipes.

3. Walk at right angles to the rows of plants, beginning at one point of the lot and

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

4. While walking through the growing area, the inspector shall cut at least “n”

flowering material, meaning inflorescences (the flower or bud of the plant) at random

but convenient distances. Avoid collecting too many specimens from the borders of

the field/greenhouse. Avoid collecting specimens from dead, diseased, pest infested,

or injured plants.

5. Make the cut just underneath the flowering material, meaning inflorescence (the

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

1.) The sample size must be of adequate volume to accommodate laboratory tests.

(Approximately 2 ounces (56g) of flowering material).

6. Place the cuttings in the paper sample bag. Ensure that each bag has the minimum

number of cuttings, “n”, as identified in Table 1 and Table 2.

7. Seal each bag by folding over the top twice. Apply official sampling tape across the

fold. The tape should be initialed by the inspector and the licensee or designated

responsible party and the date of collection written across the tape.

E. Completion of Sample Submission Form and Payment Collection

1. Complete Sample Submission and Chain of Custody forms.

2. Transport or ship the sample to a Commission-approved laboratory for analysis. Every

effort should be made to transport or ship the sample to the lab the same day. Keep the

sample dry and cool to avoid degradation of the plant material. Inspector must maintain

custody of the sample at all times.

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FIGURE 1: HEMP CUTTING FOR INSPECTION SAMPLE COLLECTION

The plant to be sampled is cut just underneath the flowering material located at the top one-third

(1/3) of the plant. This is the plant material above the black line in the illustration. The flowering material

cut from the plant is then collected and processed for THC testing in accordance with the sampling

procedures. The sample size must be of adequate volume to accommodate laboratory tests, which is

approximately 2 ounces (56g) of flowering material.

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TABLE 1. (Sample size “n” for lots of 10 acres or less in size)

Number of

Acres

Sample size

“n”

Number of

Acres

Sample size

“n”

Less than 1 5 6 6

1 5 7 7

2 5 8 8

3 5 9 9

4 5 10 10

5 5

TABLE 2. (Sample size “n” for lots of 11 acres to 200 acres)

Number of

Acres

Sample Size

‘n”

Number of

Acres

Sample Size

‘n”

Number of

Acres

Sample Size

‘n”

Number of

Acres

Sample Size

‘n”

11 11 44 39 85‐86 67 137‐138 95

12 12 45‐46 40 87 68 139‐140 96

13 13 47 41 88‐89 69 141‐143 97

14 14 48 42 90‐91 70 144‐145 98

15 15 49‐50 43 92 71 146‐147 99

16 16 51 44 93‐94 72 148‐149 100

17 17 52 45 95‐96 73 150‐152 101

18‐19 18 53‐54 46 97‐98 74 153‐154 102

20 19 55 47 99 75 155‐156 103

21 20 56 48 100‐101 76 157‐158 104

22 21 57‐58 49 102‐103 77 159‐161 105

23 22 59 50 104‐105 78 162‐163 106

24 23 60‐61 51 106‐107 79 164‐166 107

25‐26 24 62 52 108 80 167‐168 108

27 25 63‐64 53 109‐110 81 169‐170 109

28 26 65 54 111‐112 82 171‐174 110

29 27 66‐67 55 113‐114 83 175‐177 111

30 28 68 56 115‐116 84 178‐179 112

31‐32 29 69‐70 57 117‐118 85 180‐182 113

33 30 71 58 119‐120 86 183‐184 114

34 31 72‐73 59 121‐122 87 185‐187 115

35 32 74 60 123‐124 88 188‐190 116

36 33 75‐76 61 125‐126 89 191‐192 117

37‐38 34 77 62 127‐128 90 193‐195 118

39 35 78‐79 63 129‐130 91 196‐198 119

40 36 80‐81 64 131‐132 92 199‐200 120

41‐42 37 82 65 133‐134 93

43 38 83‐81 66 135‐136 94

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HEMP PRODUCTION LICENSE APPLICATION

This Hemp Production License Application and appropriate fees must be received by December 31st to be considered

for the next year's growing season.

APPLICANT INFORMATION Have you been licensed previously? o Yes □ No

If yes, please provide the license number:

Last Name: First Name: I Middle Name:

Address:

City: I State: I Zip:

Phone: Cell: Email:

If the Applicant is an entity (attach applicant information and FBI Identity History Summaries for all key

participants):

Entity Name:

Principal Business Address:

City: I State: I Zip:

Entity EIN Number:

FIELD INFORMATION: Please provide a geospatial location, legal description, and/or street address for each

lot or greenhouse where hemp will be produced.

Lot or Greenhouse 1 Lot or Greenhouse 2

Township: Range:

Section: 1⁄4 Section:

Field Center Lat/Long: --

Township: Range:

Section: 1⁄4 Section: -·-

Field Center Lat/Long:

Street Address:

City: State: Zip:

Street Address:

City: State: Zip:

GPS Coordinates: GPS CoordinatesLandowner or Agent Signature Landowner or Agent Signature

Landowner or Agent Name (Print) Landowner or Agent Name (Print)

Number of Lots and/or Greenhouses: Total Acres and/or Square Footage:

INTENDED USE FOR CROP(S)

Check all that apply

□ Fiber □ Construction Materials □ Cosmetics/Beauty/Health □ Seed Oil □ Food/Beverage

□ Variety Trials/Research □ Animal Bedding □ Biofuel □ Cannabinoid Oils

□ Seed Stock

□ Phyto Remediation □ Textiles

□ Other - Please explain

What is/are your primary goal(s) for this project?

SEED VARIETIES AND SOURCES

Hemp varieties must be approved by the Council and purchased from licensed dealers.

Variety Licensed Seed Dealer Pounds

LICENSE AND FEES

HEMP PRODUCTION LICENSE □ $____.00

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ATTESTATION STATEMENT

I hereby certify that the information contained in and submitted with this application is true and correct. Persons who

violate federal or tribal laws regarding hemp production may be subject to federal or tribal prosecution. I further

certify that I do not have any disqualifying felony drug convictions. I agree to comply with the Wichita and Affiliated

Tribes Hemp Production Code, including consent to entrance of above property by Tribal agencies for hemp

inspection and sampling, and I agree to comply with all laws of the Wichita and Affiliated Tribes and submit to the

jurisdiction of the Tribal Court designated by the Wichita and Affiliated Tribes.

Name: Title:

Signature: Date:

Notary:

COMMISSION USE ONLY

Date Received: I Amount Received; I License#:

INSTRUCTIONS

Applicant Information: Please print clearly or type all required information.

Criminal History Report: Producers must have no prior felony drug charge convictions in the past ten (10) years. You

must provide all necessary FBI Identity History Summaries with this application. Attach additional pages for all FBI

Identity History Summaries. FBI Identity History Summaries must be dated within sixty (60) days prior to the application

submission date.

Lot and/or Greenhouse Information; Please provide the exact location of each lot and/or greenhouse where the hemp

will be produced. Attach additional pages if you have more than two lots and/or greenhouses. The legal landowner of the

property or his/her agent must sign the application to receive a license. Rented or leased lots and/or greenhouses must

have the actual landowner signature for each field.

Seed Varieties and Sources: The Applicant must obtain only approved seeds, either certified to the Association of Official

Seed Certifying Agencies (AOSCA) or the Organization for Economic Cooperation and Development (OECD) standard.

Attach additional pages if more than three (3) varieties or sources are being produced.

Intended Use for Crops; Please check all boxes that describe the planned uses for your hemp crop.

License Fees: Please enclose payment for $____.00 to the Wichita and Affiliated Tribes.

Contact Information and Signature: The Applicant must completely fill out, sign, and notarize the hemp production

license application.

Mail To or Return to: _______________________________.

For additional assistance, please contact 405.___.____.

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___________________________________

TRIBAL HEMP PROGRAM CERTIFICATION

Pursuant to Section 297B (a)(2)(A)(vii) of the Agriculture Improvement Act of 2018 and 7 CFR

§990.3(a)(9), I certify in my official capacity as President that the Wichita and Affiliated Tribes

have the resources and personnel necessary to carry out each of the practices and procedures

identified in Section 297B (a)(2) of the Act and 7 CFR §§990.3 (a)(l)-(9) and any further

requirements for administration and enforcement of the Wichita and Affiliated Tribes Hemp

Production Code.

Dated this ___ day of ____________, 2021.

WICHITA AND AFFILIATED TRIBES

Terri Parton, President