CANNABIS CONTROL ORDINANCE

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TITLE 29

CANNABIS CONTROL ORDINANCE

TABLE OF CONTENTS

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

Section 29-1-1. Short Title......................................................................................................... 4

Section 29-1-2. Findings and Purpose. ...................................................................................... 4

Section 29-1-3. Control of Cannabis. ........................................................................................ 6

Section 29-1-4. Sovereign Immunity. ........................................................................................ 6

Section 29-1-5. Definitions. ....................................................................................................... 6

CHAPTER 2 - PROHIBITED ACTS AND AFFIRMATIVE DEFENSES ................................... 9

Section 29-2-1. Exemption from Prosecution for Certain Acts. ................................................ 9

Section 29-2-2. No Exemption from Prosecution for Certain Acts. .......................................... 9

Section 29-2-3. Minors. ............................................................................................................. 9

Section 29-2-4. Deleterious Outcomes.

............................................................................... 10

CHAPTER 3 – LICENSING ........................................................................................................ 11

Section 29-3-1. Cannabis Businesses; Operating Fee.............................................................. 11

Section 29-3-2. Licensure Requirement. ................................................................................. 11

Section 29-3-3. Term, Renewals and Fees............................................................................... 12

Section 29-3-4. Eligibility Determination................................................................................ 12

Section 29-3-5. Grounds for Denial of Cannabis Employee License. ..................................... 12

Section 29-3-6. Reconsideration of Denial. ............................................................................. 13

Section 29-3-7. License Suspension ........................................................................................ 13

Section 29-3-8. Reinstatement. ................................................................................................ 13

CHAPTER 4 – CULTIVATING CANNABIS ............................................................................. 15

Section 29-4-1. Cultivation Facility Operating Procedures. .................................................... 15

Section 29-4-2. On-site Consumption..................................................................................... 15

Section 29-4-3. Quality Assurance; Adulteration Prohibited. ................................................. 15

Section 29-4-4. Research and Development. ........................................................................... 16

Section 29-4-5. Precautions and Specific Requirements. ........................................................ 16

Section 29-4-6. Home Cultivation of Cannabis for Personal Use. .......................................... 18

Section 29-4-7. Sale of Immature Plants for Home Cultivation of Cannabis.......................... 18

CHAPTER 5 - PROCESSING CANNABIS ................................................................................ 19

Section 29-5-1. Processing Facility Operating Procedures...................................................... 19

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Section 29-5-2. Food Safety Course. ....................................................................................... 19

Section 29-5-3. Quality Assurance. ......................................................................................... 20

Section 29-5-4. Precautions and Specific Requirements ......................................................... 20

Section 29-5-5. Cannabis Concentrates ................................................................................... 22

Section 29-5-6. Use of Cannabis, Cannabis Concentrate, or Cannabis Products within a

Licensed Cannabis Business. .................................................................................................... 24

CHAPTER 6 – DISTRIBUTING CANNABIS ............................................................................ 26

Section 29-6-1. Distribution Facility Operating Procedures.................................................... 26

Section 29-6-2. Access............................................................................................................. 26

Section 29-6-3. Duties of distribution facility. ........................................................................ 26

Section 29-6-4. Precautions and Specific Requirements. ........................................................ 27

Section 29-6-5. Packaging. ...................................................................................................... 28

Section 29-6-6. Electronic Verification System. ..................................................................... 29

Section 29-6-7. Public Consumption Authorized. ................................................................... 30

Section 29-6-8. Personal Adult-Use of Cannabis. ................................................................... 30

CHAPTER 7 – TRANSPORTATION OF CANNABIS .............................................................. 31

Section 29-7-1. Transportation. ............................................................................................... 31

Section 29-7-2. Shipping Containers. ...................................................................................... 31

Section 29-7-3. Transportation Security Program. .................................................................. 31

Section 29-7-4. Transportation outside the reservation. .......................................................... 31

CHAPTER 8 – SECURITY, SITE MANAGEMENT AND INVENTORY CONTROL............ 32

Section 29-8-1. Security and Site Management. ...................................................................... 32

Section 29-8-2. Disturbances of the Peace. ............................................................................. 32

Section 29-8-3. Inventory Control System. ............................................................................. 32

Section 29-8-4. Audits. ............................................................................................................ 33

Section 29-8-5. Training. ......................................................................................................... 33

CHAPTER 9 – CANNABIS CONTROL COMMISSION ......................................................... 34

Section 29-9-1. Commission Establishment; Duration; Attributes.......................................... 34

Section 29-9-2. Sovereign Immunity. ...................................................................................... 35

Section 29-9-3. Powers of the Commission............................................................................. 35

Section 29-9-4. Duties of Commission. ................................................................................... 36

Section 29-9-5. Limitation of Commission Powers................................................................. 36

Section 29-9-6. Compensation of the Commission. ................................................................ 36

Section 29-9-7. Quarterly Reports. .......................................................................................... 37

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Section 29-9-8. Review of Decisions....................................................................................... 37

CHAPTER 10 – MISCELLANEOUS PROVISIONS ................................................................. 38

Section 29-10-1. Severability................................................................................................... 38

Section 29-10-2. Interpretation and Applicability. .................................................................. 38

Section 29-10-3. Renumbering and re-designation. ................................................................ 38

Section 29-10-4. Effective Date. .............................................................................................. 38

Section 29-10-5. Violations. .................................................................................................... 38

Section 29-10-6. Indian Trader Designation Required. ........................................................... 38

CHAPTER 11 – MEDICAL CANNABIS .................................................................................... 39

Section 29-11-1. Chapter Purpose. .......................................................................................... 39

Section 29-11-2. Qualifying Medical Condition. .................................................................... 39

Section 29-11-3. Medical Registration Card Requirement; Application. ................................ 39

Section 29-11-4. Denial of a Medical Registration Card. ........................................................ 40

Section 29-11-5. Medical Card Duration. ................................................................................ 40

LEGISLATIVE HISTORY .......................................................................................................... 40

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CHAPTER 1 - GENERAL PROVISIONS

Section 29-1-1. Short Title.

This Title may be cited as the “Cannabis Control Ordinance”.

Section 29-1-2. Findings and Purpose.

The Flandreau Santee Sioux Tribe hereby finds and declares that:

(a) The United States recognizes Indian tribes as domestic dependent nations with sovereignty

over their members and territories.

(b) The Tribe is a signatory of the Fort Laramie Treaty of 1868 which was a transfer of certain

rights held by the Great Sioux Nation to the United States, and that Treaty has not been

legally abrogated. The Fort Laramie Treaty supported Native American and Tribal farming

in Article III, Article IV, Article VI, Article VIII, Article IX, and Article X, and these rights

still exist to the Tribe.

predates the foundation of the United States of America and the State of South Dakota.

(d) The Preamble and Article VIII of the Flandreau Santee Sioux Tribal Constitution

authorizes the governing body of the Tribe to engage in business activities which promote

the economic well-being of the Tribe and its members.

(e) The federal Controlled Substances Act, 21 U.S.C. section 801 et seq., classifies Cannabis

as a Schedule 1 drug and prohibits any possession or use of Cannabis except in the course

of federally approved research projects. The Controlled Substances Act makes it unlawful,

under federal law, for any person to cultivate, manufacture, distribute or dispense, or

possess with intent to manufacture, distribute or dispense, Cannabis.

(f) On August 29, 2013, U.S. Department of Justice Deputy Attorney General James M. Cole

issued a memorandum to all United States Attorneys providing updated guidance to federal

prosecutors concerning Cannabis enforcement under the federal Controlled Substances

Act. The guidance memorandum applies to all of the Department of Justice’s federal

enforcement activity, including civil enforcement and criminal investigations and

prosecutions, concerning Cannabis in all states. The guidance memorandum reiterates

Congress’s determination that Cannabis is a dangerous drug and that the illegal distribution

and sale of Cannabis is a serious crime that provides a significant source of revenue to

large-scale criminal enterprises, gangs, and cartels. The guidance memorandum notes that

the Department of Justice is committed to enforcement of the Controlled Substances Act

consistent with those determinations. It also notes that the Department of Justice is

committed to using its investigative and prosecutorial resources to address the most

significant threats in the most effective, consistent, and rational way. In furtherance of

those objectives, the guidance memorandum provides guidance to the Department of

Justice attorneys and law enforcement to focus their enforcement resources on persons or

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organizations whose conduct interferes with any one or more of the following important

priorities: (a) preventing the distribution of Cannabis to minors; (b) preventing revenue

from the sale of Cannabis from going to criminal enterprises, gangs, and cartels; (c)

preventing the diversion of Cannabis from states where it is legal under state law in some

form to other states; (d) preventing state-authorized Cannabis activity from being used as

a cover or pretext for the trafficking of other illegal drugs or other illegal activity; (e)

preventing violence and the use of firearms in the cultivation and distribution of Cannabis;

(f) preventing drugged driving and the exacerbation of other adverse public health

consequences associated with Cannabis use; (g) preventing the growing of Cannabis on

public lands and the attendant public safety and environmental dangers posed by Cannabis

production on public lands; and (h) preventing Cannabis possession or use on federal

property.

(g) On October 28, 2014 the United States Department of Justice, Executive Office for United

States Attorneys Director Monty Wilkinson issued a memorandum to all United States

Attorneys entitled “Policy Statement Regarding Cannabis Issues in Indian Country.” This

memorandum states that the eight priorities in the August 29, 2013 guidance memorandum

will also guide United States Attorneys’ Cannabis enforcement efforts in Indian Country,

including in the event that sovereign Indian Nations seek to legalize the cultivation or use

of Cannabis in Indian Country. This memorandum states each United States Attorney

should consult with the affected tribes on a government-to-government basis when

evaluating Cannabis enforcement activities in Indian Country.

(h) Flandreau Santee Sioux Tribe has decided to open specific lands within its jurisdiction to

the possession, consumption, cultivation, processing and distribution of Cannabis by

enacting this Title to the Flandreau Tribal Law and Order Code.

(i) The citizens of the State of South Dakota legalized both medical and recreational Cannabis

through initiated measures, and majority votes, for both Constitutional Amendment A and

Initiated Measure 26 in the 2020 General Election. According to the National Conference

of State Legislatures, as of April 24, 2023, 38 states, three territories and the District of

Columbia allow the medical use of cannabis products, and as of June 1, 2023, 23 states,

two territories and the District of Columbia have enacted measures to regulate cannabis for

adult non-medical use. Additionally, the NSCL provides that 9 states allow the use of "low

THC, high cannabidiol (CBD)" products for medical reasons in limited situations or as a

legal defense.

(j) The United States Congress, the annual Consolidated Appropriations Act, impacted the

enforcement of Cannabis, specifically in Section 531 that:

None of the funds made available under this Act to the Department of Justice may

be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas,

California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois,

Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan,

Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey,

New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,

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Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas,

Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming,

or with respect to the District of Columbia, the Commonwealth of the Northern

Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent

any of them from implementing their own laws that authorize the use, distribution,

possession, or cultivation of medical Cannabis.

Section 29-1-3. Control of Cannabis.

(a) This Title shall govern the cultivation, processing, and distribution of Cannabis on the

reservation, will increase the ability of the Tribe to control the possession and consumption

of Cannabis on the reservation, and will provide an additional source of revenue for tribal

operations.

(b) Tribal regulation of the possession, consumption, cultivation, processing and distribution

of Cannabis on the reservation is necessary to protect the health, security, and general

welfare of the Tribal community, and to address tribal concerns relating to use of Cannabis

on the reservation. In order to further these goals and to provide an additional source of

governmental revenue, the Tribe has adopted this Title, which shall be liberally construed

to fulfill the purposes for which it has been adopted.

Substances Act, 21 U.S.C. section 801 et seq.

(d) Nothing in this Title shall be deemed to create a right to grow and distribute Cannabis.

Section 29-1-4. Sovereign Immunity.

Nothing in this Title 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 a prospective waiver of such sovereign immunity.

Section 29-1-5. Definitions.

As used in this Title, the following words shall have the following meanings unless the context

clearly requires otherwise:

(a) “Critical fluid extraction Cannabis concentrate” means a Cannabis concentrate that was

produced by extracting cannabinoids from Cannabis through the use of a hydrocarbon

solvent, such as butane or propane, or Carbon Dioxide.

(b) “Cultivation” means the preparing and growing of the plant Cannabis, commonly known

as Cannabis.

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possesses, cultivates, delivers, transfers, transports, supplies or sells Cannabis and related

supplies to another cultivation facility, a processing facility or distribution facility.

(d) “Distribution facility” means any business under the jurisdiction of the Tribe that acquires,

possesses, delivers, transfers, transports, supplies, sells or dispenses Cannabis or related

supplies and educational materials to the holder of a valid Registration card.

(e) “Executive Committee” means the duly elected Executive Committee of the Flandreau

Santee Sioux Tribe, which is the governing body of the Tribe.

(f) “Fat-based Cannabis concentrate” means a Cannabis concentrate that was produced by

extracting cannabinoids from Cannabis through the use of butter, olive oil or other typical

cooking fats as a solvent.

(g) “Foreign cultivation facility” means a cultivation facility that is not under the jurisdiction

the Tribe.

(h) “Inventory control” means a process that may be used to monitor the chain of custody of

Cannabis from the point of cultivation to the consumer.

(i) “Management employees” means those employees who serve in a supervisory role of some

nature and are at least 21 years old.

(j) “Cannabis” 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 greater

than 0.3 percent on a dry weight basis.

(k) “Cannabis business” means a cultivation facility, processing facility, distribution facility

or any combination thereof.

(l) “Cannabis concentrate” means specific subset of Cannabis that was produced by extracting

cannabinoids from Cannabis. Types of Cannabis concentrates include water-based

Cannabis concentrates, solvent-based Cannabis concentrates, critical fluid extraction

Cannabis concentrates and fat-based Cannabis concentrates.

(m) “Cannabis product” means a product that contains Cannabis or an extract thereof and is

intended for use or consumption other than by inhalation, including but not limited to

foodstuffs, extracts, oils, tinctures and other similar products.

(n) “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 Cannabis plants or plant parts into a consumable product.

(o) “Processing facility” means any business under the jurisdiction of the Tribe at which

Cannabis is processed for supply to a distribution Facility.

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(p) “Registration card” means a document issued by the Cannabis Business or its designee that

identifies a person as having registered with the Cannabis Business to consume Cannabis

on certain designated premises. Such registrant will also be exempt from tribal prosecution

for engaging in the use of Cannabis.

(q) “Reservation” means all lands described or referenced in the Tribe’s Constitution; all lands

over which the Flandreau Santee Sioux Tribe retains jurisdiction; all lands held by the

United States of America in trust for the Flandreau Santee Sioux Tribe; and any lands

which may in the future come within the jurisdiction of the Tribe by any lawful means.

(r) “Shipping container” means any container or wrapping used solely for the transport of

Cannabis product to a distribution facility.

(s) “Solvent-based Cannabis concentrate” means a Cannabis Concentrate that was produced

by extracting cannbiniods from Cannabis through the use of glycerin, isopropyl alcohol,

ethanol, or propylene glycol as a solvent.

(t) “Tribe” means, and “Tribal” refers to Flandreau Santee Sioux Tribe, a federally recognized

Indian tribe.

(u) “Tribal Court” means the tribal courts of the Tribe as established pursuant to the Tribe

Constitution and the Tribe’s Law and Order Code.

(v) “Water-based Cannabis concentrate” means a Cannabis Concentrate that was produced by

extracting cannabinoids from Cannabis through the use of only water or ice.

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CHAPTER 2 - PROHIBITED ACTS AND AFFIRMATIVE DEFENSES

Section 29-2-1. Exemption from Prosecution for Certain Acts.

(a) A person who holds a valid Registration card is exempt from prosecution or civil penalty

in the Tribal Court for:

(1) Possession, delivery, or production of Cannabis.

(2) Aiding and abetting another holder of a valid Registration card in the possession,

delivery, or production of Cannabis.

(3) Any other criminal offense in which the possession, delivery, or production of

Cannabis is an element.

(b) No person may be subject to prosecution or civil penalty in the Tribal Court for constructive

possession, conspiracy or any other criminal offense solely for being in the presence or

vicinity of the use of Cannabis in accordance with the provisions of this Title.

Tribal Court for the cultivation, production or distribution of Cannabis in accordance with

this Title.

Section 29-2-2. No Exemption from Prosecution for Certain Acts.

(a) A person who holds a valid Registration card is not exempt from prosecution or civil

penalty in the Tribal Court for:

(1) Driving, operating or being in actual physical control of a vehicle under power

while under the influence of Cannabis.

(2) Knowingly delivering Cannabis to another person who does not lawfully hold a

valid Registration card.

(3) Delivering Cannabis for consideration to any person, regardless of whether the

recipient lawfully holds a valid Registration card.

Section 29-2-3. Minors.

(a) It shall be unlawful for any cultivation facility, distribution facility or processing facility

to employ any person who is not at least twenty-one (21) years of age.

(b) Persons under the age of twenty-one (21) years shall not be allowed on the premises of any

cultivation facility, distribution facility, or processing facility.

consume Cannabis only under the supervision of their parent or guardian.

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(d) Individuals who have a valid doctor’s medical recommendation who are between the age

of 18 and 21, or who are deemed an adult by the jurisdiction in which they reside, may

consume Cannabis and may enter a distribution facility to purchase Cannabis without a

caregiver present.

(e) All consumption by someone less than twenty-one (21) years of age shall be done in

accordance with Chapter 11 of this ordinance.

Section 29-2-4. Deleterious Outcomes.

The Tribe, including its officers, employees, agents, representatives, successors, and assigns, shall

not be held responsible for any deleterious outcomes from the use of Cannabis by any person.

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CHAPTER 3 – LICENSING

Section 29-3-1. Cannabis Businesses; Operating Fee.

Each Cannabis business under the jurisdiction of the Tribe shall be organized under tribal law, and

shall be wholly owned by the Tribe.

Section 29-3-2. Licensure Requirement.

(a) Every employee of a Cannabis business shall be required to obtain from the Executive

Committee or its designee a Cannabis Employee License as a prerequisite to such

employment.

(b) The application for a Cannabis Employee License shall include the following information:

(1) The name, address, telephone number, email address, social security number and

date of birth of the applicant;

(2) Proof that the applicant is at least twenty one (21) years of age.

(3) A current photograph of the applicant;

(4) Documentation establishing that the applicant is subject to or discharged from

felony convictions in 30 months preceding the application, and felony controlled

substance convictions in the 60 months preceding their application date. For each

conviction, the name and address of the court involved and the date and disposition.

A conviction within the meaning of this subsection means a plea or verdict of guilty

or a conviction following a plea of nolo contendere;

(5) Currently and for the previous five (5) years: business and employment positions

held, ownership interests in those businesses, business and residence addresses, and

driver’s license numbers;

(6) A complete set of the applicant’s fingerprints and written permission of the

applicant authorizing the Executive Committee or its designee to forward the

fingerprints to the Federal Bureau of Investigation for its report;

(7) The names, telephone numbers, email address and current physical address of at

least three (3) references, including at least one (1) professional reference;

(8) Written permission of the applicant authorizing the Executive Committee or its

designee to seek verification of the information contained within the application;

(9) A statement in writing that the applicant pledges to not dispense or otherwise divert

Cannabis to any person or entity that is not allowed to lawfully possess Cannabis;

(10)

A statement in writing that the applicant certifies under penalty of perjury

that all the information contained in the application is true and correct; and

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(11)

Any other information the Executive Committee deems relevant.

printed statement and the application for the license shall require the individual applicant

to acknowledge the following warning:

CAUTION: Federal and tribal laws on the cultivation of Cannabis and possession of

Cannabis and Cannabis products differ. In the absence of a federal license, federal

law prohibits the cultivation and possession of Cannabis and Cannabis products even

pursuant to a tribal license. If you are in violation of federal law, you may be

prosecuted in federal court, imprisoned, required to pay a fine and restitution and

your real and personal property deemed related to the cultivation or violation may

be forfeited. A tribal license is not a defense to a federal prosecution and forfeiture.

Section 29-3-3. Term, Renewals and Fees.

(a) Unless otherwise suspended or revoked, a Cannabis Employee License shall expire three

(3) years following its issuance. A person may re-apply for a Cannabis Employee License

for subsequent periods of three (3) years.

(b) Every application for a Cannabis Employee License or renewal shall be accompanied by a

nonrefundable license fee, as established by resolution adopted by the Executive

Committee from time to time. The initial license fee shall be $40.

who shall keep accurate records of all such receipts, and shall be subject to distribution by

the Executive Committee in accordance with its usual appropriation procedures for

governmental and social services.

(d) The license fee shall not include fingerprinting, photographing or background check costs

and shall be in addition to any other fees imposed by the Executive Committee.

Section 29-3-4. Eligibility Determination.

The Executive Committee or its designee shall review an applicant’s prior activities, criminal

record, if any, and reputation, habits and associations to make a finding concerning the eligibility

for employment in a cultivation facility, distribution facility, consumption facility, or processing

facility.

Section 29-3-5. Grounds for Denial of Cannabis Employee License.

The grounds for denial of a Cannabis Employee License shall be one or more of the following:

(a) The applicant, within the past three (3) years, has violated this Title or any state law, statute,

rule or regulation relating to the cultivation, processing or distribution of Cannabis.

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(b) The applicant has knowingly made a false statement of material fact or has knowingly

omitted to state a material fact in the application for a Cannabis Employee License.

threat to the public interest or to the effective regulation of Cannabis.

(d) The applicant is under twenty one (21) years of age.

(e) The required application or renewal fees have not been paid within a reasonable time.

Section 29-3-6. Reconsideration of Denial.

(a) A person aggrieved by the decision of the Executive Committee or its designee to deny a

Cannabis Employee License may seek reconsideration of such decision to the Executive

Committee by filing a written petition for reconsideration with the Tribal President within

thirty (30) calendar days of service of the written notice of decision. If a petition for

reconsideration is not filed within such time, the decision shall be final.

(b) Following review of the petition for reconsideration, the Executive Committee may issue

the Cannabis Employee License 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 or it may deny the issuance of the Cannabis Employee License for any of the

grounds specified in this Title. The decision of the Executive Committee shall be final and

not subject to judicial review.

Section 29-3-7. License Suspension

(a) If, after the issuance of a Cannabis Employee License, the Executive Committee receives

reliable information indicating that an employee is not eligible for employment under

Chapter 3 above, the Executive Committee shall suspend such license and shall notify in

writing the licensee of the suspension and the proposed revocation.

(b) The Executive Committee shall notify the licensee of a time and a place for a hearing on

the proposed revocation of a license.

a Cannabis Employee License. The decision of the Executive Committee shall be final and

not subject to judicial review.

Section 29-3-8. Reinstatement.

(a) No person who has had a Cannabis Employee License revoked may have the license

restored but upon order of the Executive Committee after the filing of a petition for

reinstatement.

(b) No person may petition for reinstatement until the expiration of at least one (1) year from

the effective date of the revocation.

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that,

(1) the petitioner meets the criteria requirements of this chapter;

(2) the petitioner has reformed, rehabilitated, or otherwise overcome the issue or issues

underpinning the revocation;

(3) permitting the petitioner to resume employment will not be detrimental to the

integrity of the Tribe or to the public interest; and

(4) the petitioner paid all fees required under 29-3-20.

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CHAPTER 4 – CULTIVATING CANNABIS

Section 29-4-1. Cultivation Facility Operating Procedures.

(a) Each cultivation facility shall establish written operating procedures for the cultivation of

Cannabis. The operating procedures must include the minimum following information:

(1) The manner in which all pesticide and other agricultural chemicals are to be applied

during its cultivation process;

(2) The equipment and methods employed in the cultivation of the Cannabis;

(3) How the cultivated Cannabis will be transported to a processing facility or

distribution facility;

(4) The measures taken to minimize or offset energy use from the cultivation of

Cannabis;

(5) The manner in which chemicals will be stored and used at the premises;

(6) The type and quantity of all effluent discharged into the Tribe’s wastewater or

storm-water system;

(7) The hours and days of the week the cultivation facility will be open;

(8) The number of persons per shift who will be working at the cultivation facility;

(9) The security measures that will be employed at the premises, including but not

limited to licensed and uniformed guards, lighting, alarms, surveillance, and

automatic law enforcement notification; and

(10)

Any other information required by the Executive Committee.

(b) A copy of all operating procedures must be maintained at every cultivation facility.

Section 29-4-2. On-site Consumption.

The public use or consumption of Cannabis shall be prohibited at each licensed facility, unless the

facility is licensed for public consumption.

Section 29-4-3. Quality Assurance; Adulteration Prohibited.

Within twelve months of the establishment of this ordinance, all Cannabis cultivated must be tested

for safety and quality assurance. A cultivation facility may not treat or otherwise adulterate

Cannabis with any chemical or other compound whatsoever to alter its color, appearance, weight,

or smell.

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Section 29-4-4. Research and Development.

(a) Research, testing, or other similar facilities located within the exterior boundaries of the

Reservation that cultivate Cannabis for research, testing or distribution to patients or

primary caregivers shall be considered a cultivation facility and shall be subject to all

applicable regulations and limitations for a cultivation facility.

(b) The cultivation of locally-grown and organic Cannabis is encouraged.

Section 29-4-5. Precautions and Specific Requirements.

(a) Every cultivation facility shall take all reasonable measures and precautions to ensure that

the following requirements are met:

(1) All cultivation of Cannabis that a cultivations facility carries out or causes to be

carried out must take place in an enclosed, locked structure or building.

(2) Any person who, by medical examination or supervisory observation, is shown to

have, or appears to have, an illness, open lesion, including boils, sores, or infected

wounds, or any other abnormal source of microbial contamination for whom there

is a reasonable possibility of contact with Cannabis shall be excluded from any

operations which may be expected to result in such contamination until the

condition is corrected.

(3) All persons working in direct contact with Cannabis shall conform to hygienic

practices while on duty, including but not limited to, maintaining sufficient personal

cleanliness.

(4) Litter and waste shall be properly removed and the operating systems for waste

disposal shall be maintained in an adequate manner so that they do not constitute a

source of contamination in areas where Cannabis is exposed.

(5) All floors, walls, and ceilings shall be constructed in such a manner that they may

be adequately cleaned and kept clean and kept in good repair.

(6) Adequate lighting shall be required in all areas where Cannabis is stored.

(7) Adequate screening or other protection against the entry of pests shall be made.

Rubbish shall be disposed of so as to minimize the development of odor and

minimize the potential for the waste becoming an attractant, harborage, or breeding

place for pests.

(8) All buildings, fixtures, and other facilities shall be maintained in a sanitary

condition.

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(9) Pesticide chemicals shall be identified, held, and stored in a manner that protects

against contamination of Cannabis, and in a manner that is in accordance with this

Title and any applicable tribal, state, or federal law, rule, or regulation.

(b) Cultivation facilities shall be subject to the following specific regulations:

(1) The display or sale of paraphernalia employed in the use or consumption of

Cannabis or any implement that may be used to administer, use, inhale, consume,

smoke or ingest Cannabis, is prohibited at the cultivation facility.

(2) The cultivation of Cannabis shall not adversely affect the health or safety of the

employees, or the facility in which it is cultivated or processed, or nearby properties

through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor,

smoke, traffic, vibration, or other impacts, or be hazardous because of the use or

storage of materials, processes, products or wastes.

(3) The cultivation area shall occur only within a self-contained structure that is

adequately ventilated.

(4) The cultivation facility shall comply with storm-water, wastewater, and other

requirements of the Tribe.

(5) The water supply shall be sufficient for the operations intended and shall be derived

from a source that is a regulated water system. Private water supplies shall be

derived from a water source that is capable of providing a safe, potable, and

adequate supply of water to meet the facility’s needs.

(6) The plumbing shall be of adequate size and design and adequately installed and

maintained to carry sufficient quantities of water and that shall properly convey

sewage and liquid disposable waste from the cultivation facility. There shall be no

cross-connections between the potable and waste water lines.

(7) All operations in the receiving, inspecting, transporting, segregating, preparing,

manufacturing, packaging, and storing of Cannabis or Cannabis product shall be

conducted in accordance with adequate sanitation principles.

(8) Every cultivation facility shall provide its employees with adequate and readily

accessible toilet facilities that are maintained in a sanitary condition and good

repair.

(9) All hand-washing facilities shall be adequate and convenient and be furnished with

running water at a suitable temperature. Hand-washing facilities shall be located in

the cultivation facility and where good sanitary practices require employees to wash

and/or sanitize their hands, and provide effective hand-cleaning and sanitizing

preparations and sanitary towel service or suitable drying devices.

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(10)

Cannabis that can support the rapid growth of undesirable microorganisms

shall be held in a manner that prevents the growth of these microorganisms.

Section 29-4-6. Home Cultivation of Cannabis for Personal Use.

Home cultivation of cannabis is authorized in accordance with the following:

(a)

Up to twelve cannabis plants, with no more than eight being mature, flowering

plants may be grown at a single residence, including the curtilage or yard, without

a license to cultivate cannabis issued under this chapter provided that cultivation

takes place at the primary residence of an individual 21 years of age or older and in

an enclosed, locked space that is not open to public view.

(b)

No person may use a volatile solvent to separate or extract cannabis concentrate or

hemp concentrate.

(c)

No person may sell Cannabis, Cannabis Concentrate, or Cannabis Products that are

homegrown, but individuals may gift cannabis to individuals who are 21 years or

age or older.

(d)

No person may cultivate in rental buildings owned or operated by the Tribe or its

departments.

(e)

Any individual who cultivates in accordance with this section shall register their

location with the Cannabis Control Commission prior to planting. The Commission

shall have the right to inspect the location, after providing twenty-four hour notice,

to ensure cultivation is complaint with this section. Non-registered home

cultivation will be subject to criminal and civil penalties.

Violations of this chapter shall result in criminal penalties in accordance with Title 3, Chapter 20

of the Flandreau Santee Sioux Tribe Law and Order Code, a fine of up to $500 per plant, and

seizure of Cannabis, Cannabis Concentrate, or Cannabis Products.

Section 29-4-7. Sale of Immature Plants for Home Cultivation of Cannabis.

A Cannabis business licensed in accordance with this ordinance may sell immature Cannabis

plants and seedlings to individuals 21 years of age and older.

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CHAPTER 5 - PROCESSING CANNABIS

Section 29-5-1. Processing Facility Operating Procedures.

(a) Each processing facility shall establish written operating procedures for the processing of

Cannabis. The operating procedures must include the minimum following information:

(1) All applicable provisions contained in Chapter 4 of this ordinance.

(2) How the Cannabis will be transported from a processing facility to a distribution

facility.

(3) The procedure and documentation process for determining patient dosage including

testing for the major active agents in the Cannabis product (e.g., cannabinoids

Tetrahydrocannabinol (THC), Cannabidiol (CBD) and Cannabinol (CBN)).

(4) Require standards for the processing Cannabis into food and other edibles by

cooking, baking, infusing, or grinding. Such standards shall be no less stringent

than the standards of the United States Public Health Service.

(5) Require standards for the packaging of edibles and other similar products. Such

packaging shall be nondescript and shall not mimic, resemble or be representational

of candy, cookies or other food products that might attract or entice children.

Section 29-5-2. Food Safety Course.

(a)

Any person who processes Cannabis into food and other edibles shall be required to

provide evidence of completion of a food safety course that includes basic food

handling training and is comparable to or is a course given by a state or county public

health agency.

(b)

Any course taken pursuant to this rule must last at least two hours and cover the

following subjects:

(1)

Causes of foodborne illness, highly susceptible populations and worker illness;

(2)

Personal hygiene and food handling practices;

(3)

Approved sources of food;

(4)

Potentially hazardous foods and food temperatures;

(5)

Sanitization and chemical use; and

(6)

Emergency procedures (fire, flood, sewer backup).

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Section 29-5-3. Quality Assurance.

(a) Cannabis processed and each Cannabis product sold must be tested for safety and quality

assurance, including but limited to, potency testing, residual solvents testing, microbial

testing, aflatoxin testing, pesticide testing, and heavy metal testing.

(b) If the chemicals, inputs, and processes of the licensee cannot result in heavy metals in the

products, and those chemicals, inputs, and processes do not result in detectable amounts of

heavy metals after six months of testing, the licensee does not need to test for heavy metals.

(d) Testing labs shall be inspected by a third party quality assurance at least annually.

Section 29-5-4. Precautions and Specific Requirements

(a)

Every processing facility shall take all reasonable measures and precautions to ensure

that the following requirements are met:

(1)

All processing of Cannabis that a processing facility carries out or causes to be

carried out must take place in an enclosed, locked structure or building, except

if a processing facility finds that grinding material outside of a structure is a

safer production method.

(2)

Any person who, by medical examination or supervisory observation, is shown

to have, or appears to have, an illness, open lesion, including boils, sores, or

infected wounds, or any other abnormal source of microbial contamination for

whom there is a reasonable possibility of contact with Cannabis shall be

excluded from any operations which may be expected to result in such

contamination until the condition is corrected.

(3)

All persons working in direct contact with Cannabis shall conform to hygienic

practices while on duty, including but not limited to, maintaining sufficient

personal cleanliness.

(4)

Litter and waste shall be properly removed and the operating systems for waste

disposal shall be maintained in an adequate manner so that they do not

constitute a source of contamination in areas where Cannabis is exposed.

(5)

All floors, walls, and ceilings shall be constructed in such a manner that they

may be adequately cleaned and kept clean and kept in good repair.

(6)

Adequate lighting shall be required in all areas where Cannabis is stored.

(7)

Adequate screening or other protection against the entry of pests shall be made.

Rubbish shall be disposed of so as to minimize the development of odor and

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minimize the potential for the waste becoming an attractant, harborage, or

breeding place for pests.

(b)

(8)

All buildings, fixtures, and other facilities shall be maintained in a sanitary

condition.

(9)

Toxic cleaning compounds, sanitizing agents, solvents used in the production

of Cannabis concentrates shall be identified, held, and stored in a manner that

protects against contamination of Cannabis, and in a manner that is in

accordance with this Title and any applicable tribal, state, or federal law, rule,

or regulation.

Processing facilities shall be subject to the following specific regulations:

(1)

There shall be no on-site use or consumption of Cannabis;

(2)

The display or sale of paraphernalia employed in the use or consumption of

Cannabis or any implement that may be used to administer, use, inhale,

consume, smoke or ingest Cannabis, is prohibited at the processing facility.

(3)

The processing of Cannabis shall not adversely affect the health or safety of the

employees, or the facility in which it is cultivated or processed, or nearby

properties through creation of mold, mildew, dust, glare, heat, noise, noxious

gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous

because of the use or storage of materials, processes, products or wastes.

(4)

The processing area shall occur only within a self-contained structure that is

adequately ventilated.

(5)

The processing facility shall comply with storm-water, wastewater, and other

requirements of the Tribe.

(6)

The water supply shall be sufficient for the operations intended and shall be

derived from a source that is a regulated water system. Private water supplies

shall be derived from a water source that is capable of providing a safe, potable,

and adequate supply of water to meet the facility’s needs.

(7)

The plumbing shall be of adequate size and design and adequately installed and

maintained to carry sufficient quantities of water and that shall properly convey

sewage and liquid disposable waste from the processing facility. There shall be

no cross-connections between the potable and waste water lines.

(8)

All operations in the receiving, inspecting, transporting, segregating, preparing,

manufacturing, packaging, and storing of Cannabis or Cannabis product shall

be conducted in accordance with adequate sanitation principles.

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(9)

Every processing facility shall provide its employees with adequate and readily

accessible toilet facilities that are maintained in a sanitary condition and good

repair.

(10)

All hand-washing facilities shall be adequate and convenient and be furnished

with running water at a suitable temperature. Hand-washing facilities shall be

located in the cultivation facility and where good sanitary practices require

employees to wash and/or sanitize their hands, and provide effective handcleaning and sanitizing preparations and sanitary towel service or suitable

drying devices.

(11)

All contact surfaces, including utensils and equipment used for the preparation

of a Cannabis product, shall be cleaned and sanitized as frequently as necessary

to protect against contamination. Equipment and utensils shall be so designed

and of such material and workmanship as to be adequately cleanable, and shall

be properly maintained.

Section 29-5-5. Cannabis Concentrates

(a)

(b)

A processing facility may produce the following concentrates:

(1)

Water-Based Cannabis Concentrates;

(2)

Fat-Based Cannabis Concentrates;

(3)

Solvent-Based Cannabis Concentrate; and

(4)

Critical Fluid Extraction Cannabis Concentrates, provided the solvents used in

this process only include N-Butane, Iso-Butane, Propane, Heptane, or Carbon

Dioxide.

A processing facility that engages in the production of Cannabis concentrates,

regardless of the method of extraction or type of concentrate being produced, must:

(1)

Ensure that the space in which any Cannabis Concentrate is to be produced is a

fully enclosed room and clearly designated.

(2)

Establish a standard operating procedure for each method used to produce a

Cannabis concentrate.

(3)

Establish written quality control procedures designed to minimize any potential

risks to employees or contamination of Cannabis products.

(4)

Ensure that all equipment used in the production of a Cannabis concentrate is

food-grade, including ensuring that all counters and surface areas were

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constructed in such a manner that it reduces the potential for the development

of microbials and mold and can be easily cleaned.

(c)

(5)

Ensure that all equipment, counters, and surfaces used in the production of a

Cannabis concentrate is thoroughly cleaned after the completion of each

production of a Cannabis concentrate.

(6)

Have a comprehensive training manual that provides step-by-step instructions

for each method used to produce a Cannabis concentrate. The training manual

must include, but need not be limited to, all standard operating procedures,

quality control procedures and safety procedures for each method of

production, instructions on the appropriate use and maintenance of all

equipment involved in each process, and any cleaning required to comply with

all applicable sanitary rules.

(7)

Provide adequate training prior to individual engaging the production of a

Cannabis Concentrate. Adequate training must include, but need not be limited

to, providing the appropriated employee or volunteer with the training manual

and live, in-person instruction detailing safety procedures for each method of

production, instructions on the appropriate use and maintenance of all

equipment involved in the process, and any cleaning required to maintain

compliance with all applicable sanitary rules.

(8)

Maintain clear and comprehensive records that document every phase of each

step in the production of the Cannabis concentrate, which must include the

name and license number of every employee or volunteer that worked on the

production of that Cannabis concentrate.

(9)

Ensure that the room in which Cannabis concentrate shall be produced contains

an emergency eye-wash station.

With respect to Critical Fluid Extraction Cannabis Concentrates, the processing facility

must also ensure that the facility and all equipment used in production of the Critical

Fluid Extraction Cannabis Concentrate meets the following requirements:

(1)

A professional grade, closed-loop extraction system capable of recovering the

solvent used.

(2)

If a pressurized extraction system is utilized, then every vessel in the system

must be rated to a minimum of nine hundred pounds per square inch.

(3)

A sufficient fume hood and exhaust system is installed in the room in which a

Critical Fluid Extraction Cannabis Concentrate shall be produced and that the

system is fully functioning prior to the production a Critical Fluid Extraction

Cannabis Concentrate.

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(4)

All flammable material used in the production of a Critical Fluid Extraction

Cannabis Concentrate are stored in a storage-tank designed to hold flammable

material and is outside of the room in which the concentrates are to be produced.

(5)

A sufficient fire-suppression system is installed in the room in which a Critical

Fluid Extraction Cannabis Concentrate shall be produced and that the system is

fully functioning prior to the production a Critical Fluid Extraction Cannabis

Concentrate.

(6)

A hydro-carbon gas monitoring system, a carbon dioxide gas monitoring

system or both, depending on the type of Cannabis Concentrate to be produced,

with emergency shutdown relays is installed in the room in which a Critical

Fluid Extraction Cannabis Concentrate shall be produced and that the system is

fully functioning prior to the production a Critical Fluid Extraction Cannabis

Concentrate.

(7)

The room in which a Critical Fluid Extraction Cannabis Concentrate shall be

produced is a spark-free environment.

(8)

The room in which a Critical Fluid Extraction Cannabis Concentrate shall be

produced contains an emergency shower.

(9)

Ensure that all fluids used in the extraction process are food-grade and 99%

pure.

(10)

Establish a standard operating procedure for each type of Critical Fluid

Extraction Cannabis Concentrate to be produced that is designed to maximize

employee safety and minimize potential contamination of products with

residual solvents or microbials and mold.

Section 29-5-6. Use of Cannabis, Cannabis Concentrate, or Cannabis Products within a

Licensed Cannabis Business.

(a)

A Cannabis business may not permit an individual who is not an employee to

consume Cannabis, Cannabis Concentrate, or Cannabis Products within its licensed premises

unless the business is licensed to permit on-site consumption.

(b)

Except as otherwise provided in this section, a Cannabis business may not permit

an employee to consume Cannabis, Cannabis Concentrate, or Cannabis Products within its

licensed premises or while the employee is otherwise engaged in activities within the course and

scope of employment.

(c)

A Cannabis business may permit an employee to use medical Cannabis, Cannabis

Concentrate, or Cannabis Products if that individual is a patient, and their use of that product does

not impair their job duties.

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(d)

For quality control, employees of a licensed Cannabis business may sample

Cannabis, Cannabis Concentrate, or Cannabis Products. Employees may not consume more than

three samples in a single 24-hour period. All samples must be recorded in the seed-to-sale

monitoring system.

(e)

For business purposes, management may provide samples of Cannabis, Cannabis

Concentrate, or Cannabis Products to business associates, or potential business associates. All

samples must be recorded in the seed-to-sale monitoring system.

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CHAPTER 6 – DISTRIBUTING CANNABIS

Section 29-6-1. Distribution Facility Operating Procedures.

(a)

Each distribution facility shall establish written operating procedures for the

distribution of Cannabis. The operating procedures must include the minimum

following information:

(1)

All applicable provisions contained in Chapters 4 and 5 of this title.

(2)

A description of the screening, registration, and validation process for

consumers.

(3)

A description of consumer records acquisition and retention procedures.

(4)

The process for tracking Cannabis quantities and inventory controls.

(5)

The procedure and documentation process for assuring the safety and quality of

all Cannabis and Cannabis products (including, but not limited to, testing for

bacteria, mold, pesticides and other contaminants).

(6)

The procedure and documentation process for determining patient dosage

including testing for the major active agents in the Cannabis (e.g., cannabinoids

Tetrahydrocannabinol (THC), Cannabidiol (CBD) and Cannabinol (CBN)).

Section 29-6-2. Access.

(a)

Only distribution facility employees, holders of a valid Registration card and persons

with bona fide purposes for visiting the premises shall be permitted access into a

distribution facility.

(b)

Potential customers shall not visit any distribution facility without first having obtained

a valid Registration card.

(c)

All other visitors shall remain in a designated waiting area in the distribution facility.

(d)

Notwithstanding these requirements, nothing shall prohibit tribal law enforcement from

entering any area of the facility upon presentation of official credentials identifying

them as such.

Section 29-6-3. Duties of distribution facility.

(a)

Each distribution facility shall ensure all of the following:

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(b)

(1)

The weight, concentration, and content of THC in all Cannabis, edible Cannabis

products that the distribution facility sells is clearly and accurately stated on the

product sold.

(2)

That the distribution facility does not sell to a person 2 ounces of cannabis flower,

16 grams of concentrate or its edible equivalency. The weight of an edible shall

not be included in the calculation of grams per this section, only Cannabis

concentrate.

(3)

That, posted clearly and conspicuously within the distribution facility, are the

limits on the possession of Cannabis, as set forth in subsection (2).

During business hours, the distribution facility shall have at least one responsible

person designated as a manager who may also operate a POS and handle other

managerial duties.

Section 29-6-4. Precautions and Specific Requirements.

(a)

The distribution facility shall be subject to the following specific regulations:

(1)

The distribution facility shall only distribute Cannabis or Cannabis products to

holder of a valid Registration card.

(2)

The distribution facility shall display rules and regulations in a conspicuous

place that is readily seen by all persons entering the distribution facility.

(3)

There shall be no on-site use or consumption of Cannabis, except in a

designated area. Each building entrance to the distribution facility shall be

clearly and legibly posted with a notice indicating that smoking, ingesting or

consuming Cannabis on the premises or in the vicinity of the distribution

facility is prohibited, except in a designated area.

(4)

Holders of a valid Registration card shall not be permitted to take Cannabis or

Cannabis products from the distribution facility. Such persons may have any

amounts purchased from a distribution facility stored in a secure location by the

distribution facility.

(5)

Each building entrance to the distribution facility shall be clearly and legibly

posted with a notice indicating that persons under the age of twenty-one (21)

are precluded from entering the premises. If someone is under the age of

twenty-one (21) and not a medical patient, they may wait in the waiting area

while the parent or guardian purchases from the dispensary.

(6)

The distribution facility shall only distribute Cannabis or Cannabis products

during normal business hours. Employees of a licensed facility may purchase

Cannabis or Cannabis products an hour before normal business hours, during

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normal business hours while on a break, and an hour after normal business

hours.

(7)

The on-site display of Cannabis plants visible from the outside shall be

prohibited, including live plants or graphic representations of the Cannabis

plant.

(8)

The distribution of Cannabis shall not adversely affect the health or safety of

the employees, volunteers or the facility in which it is distributed, or nearby

properties through creation of mold, mildew, dust, glare, heat, noise, noxious

gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous

because of the use or storage of materials, processes, products or wastes.

Section 29-6-5. Packaging.

(a)

(b)

Every package or unit of Cannabis or Cannabis product, distributed shall have a label

or labels that state the following, as may be applicable:

(1)

The name of the product.

(2)

An identification and tracking number for the specific package or unit of

Cannabis, or Cannabis product.

(3)

The species or strain of the Cannabis.

(4)

Identification of the strength and dosage of the Cannabis (within twelve months

of the passage of this ordinance).

(5)

A statement that the Cannabis or Cannabis product has been tested for safety

and quality assurance and that the testing results, and chain of custody

information is available by contacting the distribution facility (within twelve

months of the passage of this ordinance).

(6)

All edibles must be sold in child-resistant packaging that is commonly accepted

in the cannabis industry.

The following warning placed in a conspicuous location on the package:

“Smoking may be hazardous to the health of the user, and smoking by pregnant women

may result in fetal injury, premature birth, and low birth weight. Further, ingestion of

Cannabis in any form may be hazardous to the health of the user and may impair the

judgment of the user.”

(c)

The following specific requirements for edible Cannabis products:

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(1)

List of all ingredients used to manufacture the edible Cannabis product; which

may include a list of any potential allergens contained within, or used in the

manufacture of, the product.

(2)

A statement that the Cannabis product, if perishable, must be refrigerated.

(3)

A product expiration date, for perishable Cannabis products, upon which the

product will no longer be fit for consumption, or a use-by-date, upon which the

product will no longer be optimally fresh. Once a label with a use-by or

expiration date has been affixed to a container of a Cannabis product, it may

not be altered in any way or have a new label affixed with a later use-by or

expiration date.

(4)

All edibles must be sold in child-resistant packaging that is commonly accepted

in the cannabis industry.

Section 29-6-6. Electronic Verification System.

(a) Each distribution facility shall maintain an electronic verification system.

(b) The electronic verification system must be able to monitor and report information,

including, without limitation:

(1) For each person who holds a valid Registration card and who purchased Cannabis

from the distribution facility in the immediately preceding 60-day period;

(2) The number of the card;

(3) The date on which the card was issued;

(4) The date on which the card will expire;

(5) Verification of the identity of a person to whom Cannabis or Cannabis products are

sold or otherwise distributed; and

(6) Such other information as the Executive Committee may require.

electronic verification system in cooperation with another distribution facility, or sharing

the information obtained therefrom.

(d) A distribution facility must exercise reasonable care to ensure that the personal identifying

information of persons who hold valid Registration cards, which is contained in an

electronic verification system is encrypted, protected and not divulged for any purpose not

specifically authorized by law.

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Section 29-6-7. Public Consumption Authorized.

Individual who purchase Cannabis and Cannabis products in accordance with this title may

consume Cannabis at tribally designated locations, whether indoor or outdoor, if the age of the

consumer is verified and individuals under the age of 21 are not allowed entrance to the public

area.

Section 29-6-8. Personal Adult-Use of Cannabis.

An individual 21 years of age or older may:

(a) use, possess, or transport Cannabis paraphernalia;

(b) possess, transport, or purchase Cannabis or Cannabis products from a licensed facility

in amounts established by Section 29-6-3(2) of this Ordinance

locations:

(i)

a private residence, including the individual's curtilage or yard;

(ii)

on private property, not generally accessible by the public, unless the

individual is explicitly prohibited from consuming Cannabis, Cannabis

Concentrate, or Cannabis Products on the property by the owner of the

property; or

(iii)

on the premises of an establishment or event licensed to permit on-site or

public consumption.

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CHAPTER 7 – TRANSPORTATION OF CANNABIS

Section 29-7-1. Transportation.

Provided that appropriate in-transit security measures are taken; the delivery or transportation of

Cannabis or Cannabis products between facilities and laboratories within the boundaries of the

reservation is permitted.

Section 29-7-2. Shipping Containers.

(a) Every Cannabis business shall be responsible for sealing all shipping containers of

Cannabis or Cannabis products immediately upon the conclusion of the safe and secure

stuffing process and must keep a record of each seal number.

(b) Only management employees at a receiving facility or government officials having custody

of a shipping container of Cannabis or Cannabis products, may break the seal for legitimate

reasons.

Section 29-7-3. Transportation Security Program.

(a) Every Cannabis business shall establish a detailed Transportation Security Program,

approved by the Executive Committee, which shall include at a minimum the following:

(1) Standards and procedures to enhance the physical security of shipping containers,

including standards for seals and locks.

(2) Standards and procedures for screening and evaluating shipping containers prior to

transportation and upon delivery at the distribution facility.

(3) Standards and procedures for securing shipping containers and monitoring that

security while in transit.

(4) Standards and procedures for allowing government officials to ensure and validate

compliance with this program.

(5) Any other measures the Executive Committee considers necessary to ensure the

security and integrity of transporting Cannabis or Cannabis products.

Section 29-7-4. Transportation outside the reservation.

Delivery or transportation of Cannabis or Cannabis products beyond the exterior boundaries of the

reservation is prohibited, unless it is done in a manner that conforms to applicable law applicable

to regulation of Cannabis, and the individual or business transporting is authorized to do so by the

Tribe.

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CHAPTER 8 – SECURITY, SITE MANAGEMENT AND INVENTORY CONTROL

Section 29-8-1. Security and Site Management.

(a) Every Cannabis business shall provide adequate security for all facilities and laboratories,

which shall include at a minimum the following:

(1) All employees shall be required to hold and properly display a current identification

badge issued by the Tribe at all times. Proper display of the license badge shall

consist of wearing the badge in a plainly visible manner, at or above the waist, and

with the photo of the holder visible. The holder shall not alter, obscure, damage, or

deface the badge in any manner.

(2) Security surveillance cameras shall be installed and maintained in good working

condition to monitor the main entrance and exterior of all facilities and laboratories

to discourage loitering, crime, illegal or nuisance activities. Security video shall be

maintained for a minimum of seventy-two (72) hours.

(3) Professionally monitored robbery alarm and burglary alarm systems shall be

installed and maintained in good working condition.

(4) Professionally monitored fire alarm and fire suppression systems shall be installed

and maintained in good working condition.

(5) At all times, there shall be at least one licensed, uniformed security guard or a tribal

police officer present and visible on the premises of all facilities and laboratories.

(6) All points of ingress and egress shall have commercial-grade, nonresidential door

locks.

Section 29-8-2. Disturbances of the Peace.

Every Cannabis business shall take all reasonable steps to discourage and correct disturbances of

peace, open public consumption of Cannabis or alcohol, excessive pedestrian or vehicular traffic,

illegal drug activity, harassment of passersby, excessive littering, excessive loitering, illegal

parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct

or police detentions and arrests.

Section 29-8-3. Inventory Control System.

(a) Every Cannabis business shall maintain an inventory control system.

(b) The inventory control system must be able to monitor and report information, including,

without limitation:

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(1) Insofar as is practicable, the chain of custody and current whereabouts, in real time,

of Cannabis from the point that it is harvested at a cultivation facility until it is sold

at a distribution facility and, if applicable, if it is processed at a facility for the

production of Cannabis products;

(2) A real time accounting of the total amount of product sold; and

(3) Such other information as the Executive Committee may require.

Nothing in this section prohibits a cultivation facility, processing facility, or distribution facility

from co-owning an inventory control system in cooperation with other facilities, or sharing the

information obtained therefrom.

Section 29-8-4. Audits.

(a) Each Cannabis business shall cause to be prepared an annual financial statement of every

cultivation facility, processing facility and distribution facility using generally accepted

accounting principles that are audited by an independent certified public accountant in

conformity with generally accepted auditing standards.

(b) Every Cannabis business shall undergo an annual health and sanitary audit of any facility

by an independent consultant. The scope of the audit may include, but not limited to,

whether each facility and laboratory is in compliance with the requirements set forth in this

Title and other applicable health, sanitary or food handling laws, rules and regulations.

Failure to perform to the independent audit may result in suspension of operations until the

completion of the independent audit and the implementation of any required remedial

measures is made.

Section 29-8-5. Training.

All employees shall receive appropriate training for their intended duties to ensure understanding

of rules and procedures regarding Cannabis in compliance with this Title.

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CHAPTER 9 – CANNABIS CONTROL COMMISSION

Section 29-9-1. Commission Establishment; Duration; Attributes.

(a) The Tribe hereby establishes the “Cannabis Control Commission” as an instrumentality of

the Tribe, and will hereafter be referred to as “the Commission.”

(b) The Commission is under the directive of the Executive Committee, and may fulfill any,

and all obligations of the Executive Committee under this ordinance.

of the Tribe.

(d) Composition; term of office.

(1) The Commission shall have three members, with one member being the

Commission Chairperson. The Commission Chairperson shall be elected every

four years by the members of the Commission.

(2) Each Commission member shall be appointed by the Executive Committee, and

shall generally serve a four year term, with one Commissioner of the Board

servicing an initial two year term.

(3) All members of Commission must be members of the Tribe.

(4) No Commissioner shall be eligible for appointment to the Commission who has

been convicted of a felony.

(5) Commission members may not be employees of a licensed Cannabis business, and

cannot have any authority or oversight over the activities of a licensed Cannabis

business.

(e) Removal; Due Process; and Vacancies

(1) The Executive Committee may remove a Commissioner from office before the

expiration of the term of office for the following reasons: conviction of a felony,

neglect of duty, malfeasance in office, misfeasance, misconduct in office, any

conduct that threatens the honesty or integrity of the Commission or otherwise

violates the letter or intent of this Ordinance or other applicable Tribal law, or for

other good cause shown.

(2) Vacancies occurring on the Commission shall be filled within ninety (90) days in

the same manner as the original appointment. A member may, in the discretion of

the Executive Committee, serve after the expiration of his/her term of office until

his/her successor has been appointed, unless the member has been removed for

cause under subsection (1) above.

(f) Two members of the Commission shall constitute a quorum.

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(g) The Commission shall meet at the call of the President or Executive Committee at a

scheduled meeting date set by the Executive Committee.

(h) If the Commission shall not have at least two (2) individuals on it, the Executive Committee

shall act as the Commission.

Section 29-9-2. Sovereign Immunity.

(a) The Commission shall enjoy all of the privileges and immunities of the Tribe, except as

specifically limited by this Ordinance, including sovereign immunity from suit in the state,

federal, or tribal court.

(b) The Commission shall have no authority to waive the sovereign immunity of the Tribe, the

Commission, or any other Tribal entity.

sovereign immunity from suit.

(d) Nothing in this Ordinance shall be deemed or construed as consent of the Commission to

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

or affairs of the Commission.

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

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

initiated by the Executive Committee of the Tribe.

Section 29-9-3. Powers of the Commission.

The Commission shall have the power and responsibility to:

(a) Enforce this Ordinance.

(b) Accept, review, approve, or disapprove any application for a license pursuant to this

Ordinance, including: licenses for cultivating, processing, and distribution of Cannabis

grown pursuant to this Ordinance, and applications for employee licenses.

operations, as may be necessary.

(d) Impose any fees necessary to the regulation of the cultivation, processing, and distribution

of Cannabis grown, and collect any fees imposed by this Ordinance or the Commission.

(e) Conduct or arrange for audits of the Cannabis business, as may be necessary.

(f) Conduct or arrange for background checks on applicants for employee licenses and

determine their eligibility to be employed by licensed businesses operating.

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(g) Adopt regulations to implement the provisions of this Ordinance, including for the

assessment and collection of civil fines against any person(s) in violation of this Ordinance.

(h) To issue an order of temporary closure of a Cannabis business in the event the Commission

determines that immediate closure is necessary to protect public safety.

Section 29-9-4. Duties of Commission.

The Commission:

(a) Shall monitor the cultivation, processing, and distribution of Cannabis grown within the

boundaries of the Tribe.

(b) Shall inspect and examine all premises located within the boundaries of the Tribe on which

the cultivation, processing, and distribution of Cannabis grown, where necessary.

of fees, distribution of fees and revenues to the Tribe, and other matters within the

responsibility of the Commission.

(d) May demand access to and inspect, examine, photocopy, and audit all papers, books, and

records respecting gross revenues of the cultivation, processing, and distribution of

Cannabis, conducted within the boundaries of the Tribe and any other matters necessary to

carry out the duties of the Commission under this Ordinance;

(e) Shall promulgate such regulations and guidelines as it deems appropriate to implement the

provisions of this Ordinance.

Section 29-9-5. Limitation of Commission Powers.

(a) The Commission shall not regulate the Tribe or any entities except with respect to the

activities of cultivating, processing, and distributing Cannabis.

(b) The Commission shall not regulate the Surplus Funds of the cultivation, processing, and

distribution of Cannabis once the Net Revenues have been distributed to the Tribe or to an

entity of the Tribe utilizing funds.

employee License from the Commission.

Section 29-9-6. Compensation of the Commission.

The members of the Commission shall each be paid an equal amount out of the Commission’s

operating budget at the rate set by the Executive Committee. If no action is taken by the Executive

Committee, the compensation for Commission members shall remain the same as the previous

year.

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Section 29-9-7. Quarterly Reports.

The Commission shall provide a quarterly report to the Business Committee summarizing the

Commission’s official actions, activities, investigative reports, and reports received from any

Cannabis business as it deems necessary to keep the Executive Committee fully informed as to the

status of the Commission’s activities.

Section 29-9-8. Review of Decisions.

(a)

A person aggrieved by a decision of the Commission to deny, suspend, or revoke an

employee license may seek the Executive Committee’s review of such decision by filing a written

petition for review with the Tribal President within thirty (30) calendar days of service of the

written notice of decision. If a petition for reconsideration is not filed within such time, the

Commission’s decision shall be final.

(b)

Following review and consideration of the petition for review, the Executive Committee

may overturn the decision of the Commission, 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, or the Executive Committee may affirm the decision of the Commission. The decision

of the Executive Committee shall be final and not subject to judicial review.

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CHAPTER 10 – MISCELLANEOUS PROVISIONS

Section 29-10-1. Severability.

The provisions of this Title are declared to be separate and severable. If the Tribal Court shall

adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, article or part of

this Title, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of

this Title, but the effect thereof shall be confined to the clause, sentence, paragraph, section, article

or chapter of this Title as adjudged to be invalid or unconstitutional.

Section 29-10-2. Interpretation and Applicability.

(a) No part of this Title shall be deemed to be in positive conflict with federal law as contained

in the Controlled Substances Act, 21 U.S.C. section 800 et seq., nor to otherwise permit

any activity that is prohibited under that Act or any other tribal, state, or federal law, statute,

rule or regulation.

(b) Nothing in this Title is intended, nor shall it be construed, to burden any defense to criminal

prosecution otherwise afforded by tribal law.

transportation, sale, or other use of Cannabis that is otherwise prohibited under tribal law.

Section 29-10-3. Renumbering and re-designation.

Authority is given to the compiler of the laws of the Tribe to renumber, re-designate, or to cite the

provisions of this Title as necessary for uniformity and accessibility.

Section 29-10-4. Effective Date.

This Title shall be in full force and effect according to its terms upon adoption by the Executive

Committee.

Section 29-10-5. Violations.

Any violation of this Title is subject to administrative, civil, or criminal penalties, in addition to

being subject to other remedies provided by law, including but not limited to injunctive relief and

revocation of the Cannabis Employee License.

Section 29-10-6. Indian Trader Designation Required.

All business licensees, if not owned by the Tribe, are required to obtain an Indian Trader license

as contemplated by the Code of Federal Regulations, Title 25 § 140.9, or by similar federal

legislation as amended.

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CHAPTER 11 – MEDICAL CANNABIS

Section 29-11-1. Chapter Purpose.

The Tribe hereby develops this “Medical Cannabis” chapter to provide for the medical use of

Cannabis for qualifying patients, including minors. “Medical use” includes the use, distribution,

and sale of Cannabis to treat or alleviate medical conditions recommended by a patient’s

practitioner(s).

Section 29-11-2. Qualifying Medical Condition.

A qualifying medical condition for applicability of this chapter shall include:

(a) A chronic or debilitating disease or medical condition or its treatment that produces one or

more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe

nausea; seizures; or severe and persistent muscle spasms, including, those characteristic of

multiple sclerosis; or

(b) Any condition that, in the opinion of a practitioner, a patient would benefit from the use of

Cannabis.

"Practitioner" is a physician who is licensed with authority to prescribe drugs to human, and/or a

person who is licensed with authority to prescribe drugs to humans in the state of the patient’s

residence.

Section 29-11-3. Medical Registration Card Requirement; Application.

(a) A medical registration card must be obtained before anyone may receive any Cannabis

under this Chapter.

(b) If the qualifying patient is unable to submit the information required of this chapter due to

the person’s age or medical condition, the person responsible for making medical decisions

for the qualifying patient may do so on behalf of the qualifying patient.

obtaining a tribal medical registration card if card from the other jurisdiction is unexpired,

and the individual can verify identification. A tribal medical registration card will then be

issued to the individual.

(d) The Tribe shall issue registry identification cards to qualifying patients who submit the

following, in accordance with rules promulgated by the Tribe:

(1) A written certification issued by a practitioner within one year immediately

preceding the date of an application;

(2) The application or renewal fee;

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(3) The name, address, and date of birth of the qualifying patient, except that if the

applicant is homeless, no address is required;

(4) The name, address, and telephone number of the qualifying patient's practitioner;

(5) The name, address, and date of birth of the designated caregiver, or designated

caregivers, chosen by the qualifying patient;

Section 29-11-4. Denial of a Medical Registration Card.

The Tribe shall give written notice to the qualifying patient of the reason for denying a registry

identification card to the qualifying patient or to the qualifying patient’s designated caregiver.

Denial of an application or renewal under this chapter may be administratively appealed to the

Cannabis Control Commission for its review and final determination.

Section 29-11-5. Medical Card Duration.

A medical Cannabis card issued by the Tribe shall be valid for five (5) years from the date of

issuance.

LEGISLATIVE HISTORY

This title was enacted by the Flandreau Santee Sioux Tribe Executive Committee in a duly called

meeting on June 11, 2015 by Tribal Resolution 15-56, and was amended on January 21, 2021 by

Tribal Resolution 2021-03, was further amended by Tribal Resolution 2021-80 on August 5, 2021,

was further amended by Tribal Resolution 2021-102 on November 4, 2021, was further amended

by Tribal Resolution 2023-62 on June 29, 2023; and was finally amended by Tribal Resolution

2024-19 on February 20, 2024.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.