FINAL VERSION 4-16-20 

TRIBAL AGRICULTURAL HEMP CODE 

SEC. I. PREAMBLE 

The Rosebud Sioux Tribe, the Sicangu Oyate, exercises its inherent sovereign authority to regulate 

and tax commerce, including but not limited to the growth, cultivation, processing, marketing, 

production, and sale, of hemp within its Tribal Territory by any and all Persons. The Sicangu 

Oyate has established relationships with other Oyate, including the Wahpe Oyate, otherwise 

known as the plant/leaf nations, and through this code reaffirms this relationship so that all Oyate 

may benefit in order to make a better world for future generations. 

SEC. II. DEFINITIONS. 

(1) ACCEPTABLE HEMP THC LEVEL. The term ‘acceptable hemp THC level” means when a 

laboratory tests a sample, it must report the delta-9 tetrahydrocannabinol content concentration 

level on a dry weight basis and with a measurement of uncertainty. The acceptable hemp THC 

level for the purpose of compliance with the requirements of this Chapter is when the 

application of the measurement of uncertainty to the reported delta-9 tetrahydrocannabinol 

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

0.3% or less. For example, if the reported delta- tetrahydrocannabinol content concentration 

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

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

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

sample is within the acceptable hemp THC level for the purpose of plan compliance. This 

definition of ‘acceptable hemp THC level’ affects neither the statutory definition of hemp, 7 

U.S.C. 1639o(1), in the 2018 Farm Bill nor the definition of ‘‘marihuana,’’ 21 U.S.C. 802(16), 

in the Controlled Substances Act. 

(2) AMS. The term ‘AMS’ means the U.S. Department of Agriculture (“USDA”) Agricultural 

Marketing Service. 

(3) ADMINISTRATOR. The term ‘Administrator’ means the administrator of AMS. 

(4) CULPABLE MENTAL STATE GREATER THAN NEGLIGENCE. The term ‘Culpable 

Mental State Greater Than Negligence’ means to act intentionally, knowingly, willfully, 

recklessly, or with criminal negligence. 

(5) HEMP COMMISSION. The term ‘Hemp Commission’ means the tribal agency, commission, 

or department responsible for the oversight and implementation of this hemp code as assigned 

by the ‘tribal government.’ 

(6) HEMP. The term ‘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 within the Acceptable Hemp 

THC Level. 

(7) HEMP PRODUCER. Any person growing or cultivating hemp, hemp seeds, or hemp 

propagules. 

(8) HEMP PROCESSOR. Any person processing, manufacturing, extracting, or producing hempbased products. 

(9) HEMP SELLER. Any person marketing, brokering, distributing, or selling, wholesale or retail, 

hemp or hemp-based products. 

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(10) INDIAN TRIBE or TRIBE. The Rosebud Sioux Tribe. 

(11) KEY PARTICIPANT. ‘Key Participant’ means a sole proprietor, a partner in partnership, 

or a person with executive managerial control in a corporation, limited liability company or 

any other corporate entity. 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. 

(12) LOT. The term “lot” refers to a contiguous area in a field, greenhouse, or indoor growing 

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

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

product being sold to a single buyer at a single time. Under the terms of this part, “lot” is to be 

defined by the producer in terms of farm location, field acreage, and variety (i.e., cultivar) and 

to be reported as such to the FSA. 

(13) PERSON/S. All natural persons and all legal entities, including but not limited to 

corporations, foundations, organizations, business trusts, estates, limited liability companies, 

partnerships, limited liability partnerships, associations, or any other form of business entity 

(regardless of jurisdiction of formation) as well as tribal, federal, state, local or international 

governmental entities. Rosebud Sioux Tribal entities include all agencies, offices, enterprises, 

corporations, and political subdivisions, such as Community governments of the Rosebud 

Sioux Tribe. 

(14) PERSONAL USE. Purchase, possession, growth, and use of hemp and hemp products as 

the end consumer, and that are not intended for or used for commercial purposes, sale, or resale. 

(15) PROCESSING. The term ‘processing’ means converting an agricultural commodity into 

a marketable form. 

(16) PROPAGULE. The term ‘propagule’ means a plant or plant part that can be utilized to 

grow a new plant. 

(17) HEMP PRODUCTS. Includes all products made with any aspect of the hemp plant, 

including but not limited to CBD, nutritional seeds, building materials, etc. 

(18) STATE. The term ‘State’ means a State, the District of Columbia, the Commonwealth of 

Puerto Rico, and any other territory or possession of the United States. 

(19) TRIBAL TERRITORY OR TERRITORY OF THE ROSEBUD SIOUX 

TRIBE/SICANGU OYATE. For purposes of this code, ‘Tribal Territory’ includes all Territory 

in Article I of the Rosebud Sioux Tribal Constitution. 

(20) TRIBAL GOVERNMENT. The term ‘Tribal government’ means the governing body of 

the Rosebud Sioux Tribe. 

SEC. III. HEMP COMMISSION ESTABLISHED 

(1) GENERAL. There is hereby established a governmental oversight entity for the hemp code 

and industry, the Rosebud Sioux Tribe Hemp Commission, which shall be comprised of five 

(5) Commissioners and shall responsible for the oversight and implementation of hemp and 

this code. 

(2) QUALIFICATIONS. Members of the Hemp Commission shall be not less than eighteen (“18”) 

years of age, at least two Commissioners shall be enrolled citizens of the Rosebud Sioux Tribe, 

and they shall be chosen on the basis of ability, moral character, and experience. Candidates 

shall have experience or abilities in agricultural, hemp, regulation, and/or business. 

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(3) APPOINTMENT. Members of the Hemp Commission shall be confirmed by majority vote of 

the Rosebud Sioux Tribal Council. 

(4) REMOVAL. Members of the Hemp Commission shall only be removed for cause, and Council 

should err on the side of non-removal for the stability of the Hemp Commission and the Hemp 

Industry. 

(5) TERM. Each member of the Hemp Commission shall serve a term of three (3) years, with no 

term limits imposed. 

(6) MEETINGS. The Hemp Commission meet at least once per quarter. They shall pass by-laws 

upon the first meeting, and shall select one of its members as Chairperson, who shall serve in 

such capacity for the succeeding year. Special meetings of the Hemp Commission may be 

called by the Chairperson as frequently as the efficient administration and oversight of the 

hemp industry requires. Written notice of the time and place of each meeting shall be given to 

each member of the Hemp Commission. All commission meetings shall be held within the 

original boundaries of the Rosebud Reservation. Two members of the Hemp Commission 

shall constitute a quorum. 

(7) COMPENSATION. Each member shall receive reasonable compensation for their services. 

(8) POWERS. This Hemp Commission shall have the following duties and powers: 

a) To perform any of the duties and functions specified in this Code. 

b) To rent, lease, or equip any building or land necessary to carry out the provisions of this 

code. 

c) To retain counsel. 

d) To hire staff, which specifically includes a Hemp Agricultural Program Director to 

administer the program and policies of the Hemp Commission. The Hemp Commission 

may outsource this staff as needed, including to other offices, agencies, and arms of the 

Rosebud Sioux Tribe, including but not limited to the Rosebud Economic Development 

Corporation (REDCO). 

e) To appoint vendors, clerks, or, agents required for carrying out the provisions of this Code; 

to dismiss such employees for cause; and to designate their title, duties, and powers. 

f) The Hemp Commission shall institute a policy of tribal preference for all contracts and 

employees. 

g) To accept and process applications and to grant licenses provided for by this Code. 

h) To set schedule for fees and fines, and to collect such fees and fines. Proceeds of which 

revert to the Hemp Commission. 

i) The Hemp Commission shall have such other powers and duties necessary and proper to 

carry out the provisions of this Code. 

j) The Hemp Commission shall adopt and promulgate such rules, regulations, fees and fines 

that are necessary to carry out the provisions of this Code. 

SEC. IV. LICENSE REQUIREMENTS 

(1) GENERAL. Any “Hemp Producer” operating within the Rosebud Sioux Tribe’s Tribal 

Territory must obtain a tribal business license and Hemp Producer license under this code. The 

Hemp Commission may also, at is discretion, require hemp licenses of Hemp Processors and 

Hemp Sellers within, or emanating from, the Rosebud Sioux Tribe’s Tribal Territory. The 

Hemp Commission may tailor hemp licenses for Hemp Processors and Hemp Sellers as 

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needed. However, each Hemp Producer license application must at a minimum include the 

following: 

a) Consent to inspection and tetrahydrocannabinol testing; 

b) Consent to comply with any reporting requirements (See SEC. VII. RECORDS AND 

REPORTS); 

c) Location of the grow or business, including the legal land description and a map identifying 

the location, which shall, to the extent practicable, include geospatial location; 

d) Consent to an annual criminal background check; 

e) Affirmation that all hemp and hemp products will have a delta-9 tetrahydrocannabinol 

concentration of not more than the Acceptable Hemp THC Level on a dry weight basis; 

and 

f) Consent to the potential disposal, forfeiture, and/or destruction of any hemp or hemp 

product with a with a delta-9 tetrahydrocannabinol concentration of more than the 

Acceptable Hemp THC Level on a dry weight basis pursuant to the procedures outlined in 

this code and subsequent regulations 

g) Consent to the jurisdiction of the Rosebud Sioux Tribe. 

(2) BACKGROUND CHECK. The Hemp Commission shall determine the required process for 

the criminal background checks. 

(3) LICENSE NUMBER. Each approved producer shall be assigned a license identifier, consistent 

with the format prescribed by the USDA. 

(4) NO LICENSE REQUIRED. No license is required by any Person within the Rosebud Sioux 

Tribe’s Tribal Territory personal possession/personal use of hemp or hemp products. 

(5) FEES. The Hemp Commission may charge reasonable fees, including but not limited to an 

application processing fee and the cost for criminal background checks. 

(6) FINES. The Hemp Commission may set and collect a schedule of civil fines for noncompliance with this code. All fines collected shall revert back to the Hemp Commission not 

to the general fund. 

(7) INELIGIBLE FOR A LICENSE. 

a) Any Person under the age of 18; 

b) Any Person convicted of a felony, or Class A Offense, relating to a controlled substance 

under tribal, state or federal law, within ten (10) years of the date of such felony conviction, 

shall be ineligible to obtain a hemp license; 

c) Any Person who materially falsifies any information contained in their license application; 

and 

d) Any Person who materially fails to comply with the license requirements. 

(8) LICENSEE RESTRICTIONS. 

a) Licensees cannot have primary employees, partners, or Key Participants, within their hemp 

production who are convicted of a felony, or Class A Offense, relating to a controlled 

substance, within the past ten (10) years from the date of the felony conviction, under tribal, 

state or federal law. The Hemp Commission shall determine which partners and employees 

fall under this restriction. 

b) When an applicant is a business entity, the applicant shall submit and the Hemp 

Commission shall review a criminal history report for each Key Participant, partner, and 

employee in the business that the Hemp Commission deems to be necessary in accordance 

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with Section IV(8)a) above. The Hemp Commission may determine the appropriate 

method for obtaining the criminal history report for such applicants under this Chapter. 

c) Licensees shall not allow unsupervised access to hemp plots and hemp processing or 

manufacturing facilities. 

(9) FELONY EXCEPTIONS. The felony restrictions set forth in Section IV(7)b) and Section 

IV(8)a) shall not apply to any person or producer who was lawfully growing hemp under the 

2014 Farm Bill before December 20, 2018, and whose conviction also occurred before that 

date. 

(10) TAXATION. The Rosebud Sioux Tribal Tax Commission may impose and enforce a tax 

upon the Selling of hemp and hemp products, but not on the Production, Processing of hemp 

or hemp products. 

(11) NO GRANDFATHER CLAUSE. Regardless of whether a Person was already Producing, 

Processing, or Selling Hemp or Hemp Products prior to the passage of this Code, they must 

now apply for a license if required. 

(12) NON-TRANSFERABILITY. Licenses cannot be assigned or transferred to another 

Person. 

(13) AGENTS. Licensee is responsible for all individuals that will engage with Hemp and 

Hemp Products on their behalf. 

(14) ACCESS. License holders must have the legal authority to grant access to the land or 

premises for inspection and sampling. 

(15) TRIBAL COMMUNITIES AND COMMUNITY CORPORATIONS. The existence of an 

officer or employee ineligible for a Hemp Producer License, under Subsection (7), on a tribal 

community or tribal corporation board or staff does not make the entire tribal community or 

tribal corporation ineligible. If an officer or employee of a tribal community or tribal 

corporation license applicant is ineligible under Subsection (7), that officer or employee cannot 

participate in the hemp business and is prohibited from participating in any votes, decisions, 

or implementation of activities related to the hemp license and hemp production. 

SEC. V. SPECIAL LICENSE. 

In order to encourage the development of the hemp industry for the Oyate, immediately upon 

approval of this code by the U.S. Department of Agriculture, the Rosebud Sioux Tribe Economic 

Development Corporation (REDCO), the wholly owned economic development arm of the 

Rosebud Sioux Tribe, shall be automatically be granted a license for Hemp Production for three 

(3) years, renewable upon application to the Hemp Commission. REDCO shall work to develop 

hemp as a viable industry for the Tribe and the Oyate, including exploration and promotion of total 

vertical integration, and shall issue an annual report to the Rosebud Sioux Tribe on the best 

practices in the industry and in our area. The\ REDCO shall designate with the Hemp Commission 

who shall be the Key Participants in REDCO, subject to the background check, with regard to the 

license. 

SEC. VI. VIOLATIONS. 

(1) NEGLIGENT LICENSE VIOLATIONS. A hemp licensee has negligently violated the tribal 

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

a) Fail to provide a legal description of land on which the producer produces hemp or the 

location of the hemp related business, or, provide an inaccurate or false location; 

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b) Fail to obtain a license or other required authorization from the tribe; or 

c) Produce Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of more than 

the Acceptable Hemp THC Level. 

i) A producer is not assumed negligent if they produce Cannabis sativa L. which returns 

a test of a delta-9 tetrahydrocannabinol concentration of between 0.3 and 0.5 percent 

on a dry weight basis using the USDA accepted measurements of uncertainty described 

in 7 C.F.R. § 990.1, and they exercised reasonable efforts to grow hemp at or below 

0.3 percent. 

(2) CORRECTIVE ACTION PLAN. To correct a Negligent Violation, the licensee shall be 

subject to a corrective action plan, which shall include: 

a) a reasonable date to correct the Negligent Violation; 

b) a requirement to report periodically to the Hemp Commission regarding their ongoing 

compliance for a period of 2 calendar years from the date of the Negligent Violation; 

c) a requirement that the licensee shall be subject to an inspection to determine if the 

corrective action plan has been implemented as submitted 

d) a provision incorporating the requirements of Section VI(3) below; 

e) a provision that the Hemp Producer shall pay any civil fines issued by the Hemp 

Commission as a result of the violations; and 

f) a provision that states that a Hemp Producer who negligently violates this Chapter shall 

not be subject to any criminal enforcement action by a federal, state, or tribal government. 

(3) REPEAT NEGLIGENT VIOLATIONS. A Hemp Producer that negligently violates this 

section three (3) times in a five (5) year period shall be ineligible for a tribal hemp license for 

a period of 5 years beginning on the date of the third violation. 

(4) POTENTIAL CRIMINAL LIABILITY. If the Hemp Commission determines a hemp licensee 

has violated this statute with a Culpable Mental State Greater Than Negligence, the above 

provisions are inapplicable, and the Hemp Commission shall immediately report the licensee 

to tribal law enforcement and the United States Attorney General. 

SEC. VII. RECORDS AND REPORTS 

(1) TRIBAL MONTHLY USDA PRODUCER & DISPOSAL REPORT. On the first of each 

month, the Hemp Commission will submit to the USDA a report, in the format compatible 

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

a) the time period covered by the report; 

b) if applicable, an indication that there were no changes during the time period; 

c) contact information for each Hemp Producer: 

i) if an individual then full name, license identifier, business address, telephone number, 

and email address; 

ii) if an entity then full name of entity, principle business location address, employer 

identification number, license identifier, and full name, title, and phone and email for 

each employee and investor who must submit a criminal history, including Key 

Participants; 

d) a legal description of each Producer’s land, including to the extent practicable, geospatial 

location; 

e) the acreage, or indoor square footage for each Producer; 

f) the license number for each producer; 

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g) the status or status change, and number of each Producer’s licensee, including previously 

reported information and new information; 

h) if there have been any disposals that month, the report must also include: 

i) Name and address of the Hemp Producer; 

ii) Hemp Producer License number; 

iii) Location information (such as lot number, location type, and if practicable geospatial 

location); 

iv) Information on the agent who handled the disposal; 

v) Disposal completion date; and 

vi) Total acreage disposed. 

(2) TRIBAL ANNUAL USDA ACREAGE REPORT. Annually, by December 15 of each year, 

the Hemp Commission shall report, in the format compatible with USDA’s information sharing 

system, to the USDA the following: 

a) Total planted acreage; 

b) Total harvested acreage; and 

c) Total acreage disposed. 

(3) PRODUCER REPORT TO FSA. In addition to providing it to the Hemp Commission, each 

Producer is responsible for submitting the following information to the FSA: 

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

growing facility where such producer grows hemp; 

b) Acreage, or indoor square footage dedicated to hemp production; and 

c) Tribal hemp production license number. 

(4) REPORTS. The Hemp Commission may at its discretion require annual harvest reports of 

licensees which may include information on: seed variety, acreage harvested, field location, 

agricultural techniques, production and sales, end use of product, total acreage of hemp 

planted, harvested, and disposed, and any other report information deemed necessary by the 

Hemp Commission to which the licensee has consented in the license application. All 

proprietary and individually identifiable information shall be confidential. To the extent 

required, the Hemp Commission will report and share any such information to AMS, including 

pursuant to 7 C.F.R. § 990.3(a)(9). 

(5) RETENTION. The Hemp Commission shall maintain information on hemp licenses, license 

applications, and other relevant information regarding land on which hemp is produced, 

including a legal description of the land, for a period of not less than 3 calendar years. 

(6) PRIVACY PROTECTIONS. Except as required by USDA reporting and to law enforcement, 

the Hemp Commission shall protect the privacy of the following collected information: 

proprietary information, all personally identifiable information including name; physical 

address; drivers’ licenses; social security numbers; GPS coordinates; telephone numbers; email 

address. Such information shall be shielded by the Hemp Commission to the maximum extent 

permitted by law. 

SEC. VIII. INSPECTIONS, SAMPLING, AND TESTING. 

(1) INSPECTIONS. The Hemp Commission shall conduct annual regular, random inspections to 

verify that Hemp Producer licensees’ hemp crop is not produced in violation of this Chapter. 

The Hemp Commission inspections may be without prior notice. The Hemp Commission may 

develop similar testing guidelines for other license holders. The provisions set forth in Section 

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VI will apply to any Hemp Producer licensees found to be in violation of this Chapter following 

any such inspection. 

(2) SAMPLING. For purposes of sampling policies and procedures, the Hemp Commission shall 

adopt and utilize the USDA Sampling Guidelines for Hemp Growing Facilities, as may be 

amended from time to time. Sampling of hemp must also meet the following requirements: 

a) A Producer cannot harvest their hemp until a sample has been taken in accordance with the 

following: 

i) The sample must be taken within fifteen (15) days of anticipated harvest. 

ii) The sample can only be taken by an approved law enforcement agency or other USDA 

designated person. 

iii) The tribal producer, or an authorized representative, must be present at the growing site 

when the samples are collected. 

iv) Representatives of the sampling agency must be provided with complete and 

unrestricted access during business hours to all hemp and other cannabis plants, 

whether growing or harvested, and all land, buildings, and other structures used for 

the cultivation, handling, and storage of all hemp and other cannabis plants, and all 

locations listed in the producer license. 

b) The method of sampling must come from the flower materials of the cannabis plant, and 

the sampling process must: 

i) ensure that a representative sample is collected that represents a homogenous 

composition of the lot, and 

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

the Acceptable Hemp THC Level. 

(3) TESTING. The Hemp Commission is responsible for implementing these policies and 

procedures for effectively testing the delta-9 tetrahydrocannabinol concentration levels of 

hemp produced on or sold from the territory, using post-decarboxylation or other similarly 

reliable methods. For purposes of testing policies and procedures, the Hemp Commission shall 

adopt and utilize the USDA Testing Guidelines for Identifying Delta-9 Tetrahydrocannibinol 

Concentration in Hemp, as may be amended from time to time. The Hemp Commission may 

choose to contract for such collection and testing services. As USDA and accepted scientific 

standards will evolve, testing procedures may too. Testing of hemp must also meet the 

following requirements: 

a) Hemp Grower shall not remove a Lot that has not been sampled and tested for compliance 

in accordance with this Hemp Commission procedures. 

b) Throughout the sampling and testing process, hemp plant materials from one lot cannot be 

commingled with hemp plant material from other lots. 

c) Compliance and safety testing for Hemp and Hemp Products required by these rules shall 

be conducted by DEA-registered laboratories or another accreditation standard approved 

by the USDA. Any such lab shall: 

i) comply with 7 CFR 990.3(a)(3)(iii); 

ii) use a validated testing methodology that uses postdecarboxylation or other similarly 

reliable method; 

iii) use a procedure for testing that is able to accurately identify whether a sample contains 

delta-9 THC content levels above the Acceptable Hemp THC Level; 

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iv) use a method to consider the potential conversion of delta-9 tetreahydrocannabinolic 

acid (THC-A) in hemp into THC; 

v) use a measurement of total available THC derived from the sum of the THC and THCA content (and may use gas or liquid chromatography with detection); 

d) In determining the results of the testing, the THC concentration level must be determined 

and reported on a dry weight basis. 

e) Any test of a representative sample that exceeds the Acceptable Hemp THC Level shall be 

conclusive evidence that the lot represented by the sample is marijuana, which must be 

disposed in accordance with Section VIII(4). 

f) Samples that exceed the Acceptable Hemp THC Level, or which are not certified by a 

DEA-registered laboratory at or below the Acceptable Hemp THC Level cannot be further 

handled, processed, or enter commerce, and the producer must dispose of the Lot, in 

accordance with the Controlled Substance Act and DEA regulations. 

g) Each Hemp Producer will work with the DEA-registered laboratory that conducts the test 

of sample(s) of hemp crop collected in accordance with this Section from the Hemp 

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

required under 7 C.F.R. § 990.70(d) and are reported to USDA. 

(4) DISPOSAL. The Hemp Commission, in consultation with tribal law enforcement, shall ensure 

the proper disposal of hemp and hemp products which test with a delta-9 tetrahydrocannabinol 

concentration greater than the Acceptable Hemp THC Level. Cannabis that test higher than the 

Acceptable Hemp THC Level shall constitute marijuana, a schedule I controlled substance 

under the Controlled Substances Act (21 U.S.C. §§ 801 et seq.)(the “CSA”) and must be 

disposed of by the Hemp Producer in compliance with this Section and subsequent regulations, 

including disposal regulations under the CSA, and DEA regulations, including 21 C.F.R. §§ 

1317.15, 1317.90, and 1317.95. 

a) Hemp Producer licensees shall have fourteen (14) calendar days from the date of 

notification of test results higher than the Acceptable Hemp THC Level to notify the Hemp 

Commission in writing. 

b) All plants and materials produced at the same Lot as the hemp that tests higher than the 

Acceptable Hemp THC Level shall be promptly disposed of by the Hemp Producer. 

c) The plant and materials must be collected by and disposed of a person authorized under 

the CSA to handle marijuana, such as a duly authorized tribal law enforcement officer. The 

plant and materials must be disposed of in accordance with the CSA and DEA regulations. 

d) The Hemp Producer shall provide any and all evidence requested to verify disposal and 

complete a Disposal Record. 

e) The Hemp Commission must promptly: 

i) notify the AMS Administrator of any occurrence of plant material that did not meet 

definition of hemp under the regulations; and 

ii) attach disposal records demonstrating the appropriate disposal of all of those plants and 

materials in the lot from which the representative samples were taken. 

f) The Hemp Commission is authorized to set a schedule of civil fines for non-compliance. 

SEC. IX. NO STATE JURISDICTION. 

Per the Sicangu Oyate’s inherent sovereignty, Tribal Constitution, Treaties, the United States 

Constitution, case law, and U.S.C. 25 §261-264, no state or other tribe has civil, regulatory, 

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taxation or other authority within the Rosebud Sioux Tribe’s Tribal Territory, or over the Tribe’s 

trade and commerce, including the Tribe’s hemp industry. 

SEC. X. TRANSPORTATION. 

(1) The Licensee or other Person responsible for the transportation of hemp, or hemp products, 

must ensure the following documentation accompanies the hemp at all times during transport: 

a. A certified copy of the Tribal license, and the Bill of Lading, that corresponds to the land 

or processing from which the hemp or hemp product originated; 

b. A copy of the certified Batch testing results that corresponds to the land or processing from 

which the Hemp or Hemp Product originated; 

c. Destination information; 

d. Any other documentation that may be required by the Hemp Commission. 

(2) The 2018 Farm Bill, P.L. 115-334, Sec. 10112, and accompanying committee report language, 

explicitly prohibits state and tribal governments from interfering with the interstate transportation 

of hemp and hemp products. The Rosebud Sioux Tribe shall provide reciprocity to other state and 

tribal licenses and testing certifications for hemp and hemp products being transported through the 

Rosebud Indian Reservation. Any Person who possesses hemp or hemp products which are not 

simply being transported through Tribal Territory and which will remain within the Tribal 

Territory are subject to the requirements in this code. 

SEC. XI. TRIBAL LAND LEASES. 

Any land under the ownership or control, trust, fee or otherwise, of the Rosebud Sioux Tribe, or 

any of its offices, subsidiaries or enterprises, (“Tribal Land”), which is leased for Hemp Production 

may only be leased to Rosebud Sioux Tribal members, enterprises, offices, agencies, and political 

subdivisions, such as Communities. Any such Tribal Land leased for Hemp Production may not 

then be subleased. Any economic benefit emanating from Tribal Land Hemp Production leases 

must primarily benefit the Tribal lease holder. 

SEC. XII. AMENDMENT 

This Code may be amended by the Rosebud Sioux Tribe pursuant to the process outlined in RST 

Tribal Law & Order Code, Title 4, Civil Procedure, Chapter 3, Amendments to the Law and Order 

Code. 

SEC. XIII. SEVERABILITY 

Any provision of this Code or part thereof or its application to any person in any circumstance 

declared invalid, shall be severed from the Code and the remaining provisions or applications of 

this Code shall remain in effect and enforceable. 

SEC. XIV. SOVEREIGN IMMUNITY 

Nothing in this Code can or shall be construed as a waiver of the sovereign immunity of the 

Rosebud Sioux Tribe nor any entity, subsidiary, or enterprise that enjoys the sovereign immunity 

of the Rosebud Sioux Tribe and/or the Rosebud Sioux Tribal Council. Nor does this code create 

any liabilities for the Tribe or create any private right of actions. 

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