HO-CHUNK NATION CODE (HCC)

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TITLE 7-CULTURE AND NATURAL RESOURCES

SECTION 6-HEMP CODE

ENACTED BY LEGISLATURE: October 16, 2024

CITE AS: 7 HCC § 6

TABLE OF CONTENTS

CHAPTER I- GENERAL PROVISIONS

AUTHORITY……………………………………………………….

POLICY AND PURPOSE…………………………………………..

SCOPE………………………………………………………………

DEFINITIONS………………………………………………………

COMPLIANCE AND EXEMPTIONS……………………………...

CHAPTER II- HEMP PROGRAM

6. GENERAL……………………………………………………….

7. ESTABLISHMENT OF THE HO-CHUNK NATION HEMP CONTROL

COMMISSION…………………………………………………...

8. LICENSING……………………………………………...............

9. PERSONS INELIGIBLE FOR LICENSES……………...............

10. FEES……………………………………………………………...

11. INSPECTIONS…………………………………………………...

12. LAND USE RESTRICTIONS AND SITE MODIFICATIONS…

13. TRANSPORTATION REQUIREMENTS……………………….

CHAPTER III- COMPLIANCE AND ENFORCEMENT

14. GENERAL………………………………………………………..

15. REQUIRED RECORDKEEPING AND REPORTING………….

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16. GROW SITE SAMPLING AND TESTING FOR THC-LEVEL…

17. PROCEDURE FOR DISPOSAL OF NONCOMPLIANT PLANTS AND

PRODUCTS…………………………………………………….....

18. VIOLATIONS……………………………………………………..

19. PENALTIES AND REMEDIES…………………………………..

20. APPEALS……………………………………………………….....

CHAPTER IV- MISCELLANEOUS PROVISIONS

21. SOVEREIGN IMMUNITY…………………………………………....

22. SEVERABILITY……………………………………………………....

23. EFFECTIVE DATE…………………………………………………....

CHAPTER I- GENERAL PROVISIONS

1. Authority.

a. Article IV, Section 2 of the Constitution authorizes the Legislative Branch to

make laws and appropriate funds in accordance with Article V.

b. Article V, Section 2(a) of the Constitution grants the Legislature the power to

make the las, including codes, ordinances, resolutions, and statutes.

c. Article V, Section 2(e) of the Constitution authorizes the Legislative Branch

to raise revenue, including the power to levy and collect taxes and license

fees.

d. Article V, Section 2(h) of the Constitution grants the Legislature the power to

enact all laws prohibiting and regulating conduct and imposing penalties upon

all persons within the jurisdiction of the Nation.

e. Article V, Section 2(i) of the Constitution grants the Legislature to negotiate

and enter into treaties, compacts, contracts, and agreements with other

governments, organizations, or individuals.

f. Article V, Section 2(l) of the Constitution authorizes the Legislative Branch to

enact laws to manage, lease, permit, or otherwise deal with the Nation’s lands,

interest in lands or other assets.

g. Article V, Section 2(q) of the Constitution grants the Legislature the power to

issue charters of incorporation, to charter corporations and other organizations

for economic or other purposes, and to regulate their activities.

h. Article V, Section 2(s) of the Constitution authorizes the Legislative Branch to

promote public health, education, charity, and such other services as may

contribute to the social advancement of the Ho-Chunk Nation.

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i. Article V, Section 2(t) of the Constitution grants the Legislature the power to

enact laws governing law enforcement on lands within the jurisdiction of the

Nation.

j. Article V, Section 2(x) of the Constitution authorizes the Legislative Branch

the power to enact any other laws, ordinances, resolutions, and statutes

necessary to exercise its legislative powers delegated by the General Council

pursuant to Article III including but not limited to the foregoing list of powers.

k. This code is further enacted pursuant to Agricultural Improvement Act of

2018, Pub. L. 115-334, December 20, 2018, 132 Stat. 4490 (“Farm Bill”) and

the Final Rule for the establishment of a domestic hemp production program

issues by the U.S. Department of Agriculture (“USDA) on August 20, 2020.

2. Policy and Purpose.

a. The Ho-Chunk Nation (hereinafter “HCN” or the “Tribe”) finds that Hemp is

a valuable agricultural crop and commodity and that through proper

regulation, Hemp can be put to its highest and best use. HCN further finds that

Hemp Production can provide jobs and revenue for essential governmental

programs and services in the long-term benefit of the Tribes and its members.

b. The Tribe further finds that tribal regulation of the possession, cultivation,

processing and distribution of Hemp on tribal land is necessary to protect the

health, security, and general welfare of the Tribal community. In furtherance

of the Tribe’s inherent authority and the regulatory objectives set forth under

the Farm Bill and the Final Rule, the Tribe finds that persons engaged in

commercial dealings, leases, licenses, easements, right-of-way, or other

arrangements or activities related to Hemp with the exterior boundaries of the

territory have voluntarily and explicitly consented to the jurisdiction of the

Tribe and are subject to regulation by the Tribe.

c. The purpose of this Hemp code (the “code”) is to:

i. Promote the production of Hemp on tribal land and the development of

new commercial markets for Tribal enterprises though the sale of

Hemp products;

ii. Establish a regulatory framework for Tribal Hemp production which

maximizes opportunities for the growth of the Hemp industry on tribal

lands consistent with tribal and federal law;

iii. Enable the Tribes, its licensees, and affiliated institutions of higher

education, to conduct research regarding the production of Hemp on

tribal lands; and

iv. Ensure that Hemp production on tribal land causes minimal impacts to

the environment, human health and safety, and is consistent with tribal

laws and customs.

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3. Scope.

a. This code shall govern the licensing of hemp production, cultivation,

processing, distribution and research of Hemp on tribal land, and serves as the

“tribal plan” described in the Agricultural Improvement Act of 2018, Pub. L.

115-334, December 20, 2018, 132 Stat. 4490 (“Farm Bill”).

b. The regulations and penalties imposed by this code extend to any person

engaged in activities related in any way, directly or indirectly, to Hemp

production on tribal land, whether licensed or not.

c. In order to further these goals, this code shall be liberally construed to fulfill

the purposes for which it has been adopted.

4. Definitions.

a. “Acceptable Hemp THC level” refers to the interpretation of laboratory test

results for delta-9 tetrahydrocannabinol content concentration level applying

measurements for uncertainty as provided for in the FR. When a laboratory

tests a sample pursuant to this code, it must report the delta-9

tetrahydrocannabinol content concentration level on a dry weight basis and the

measurement of uncertainty. The Acceptable Hemp THC level for the purpose

of compliance with this code and applicable State and Federal law 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-9 tetrahydrocannabinol content concentration level on a dry

weight basis is 0.35% and the measurement of uncertainty is +/– 0.06%, the

measured delta-9 tetrahydrocannabinol content concentration level on a dry

weight basis for this sample ranges from 0.29% to 0.41%. Because 0.3% is

within the distribution or range, the sample is within the Acceptable Hemp

THC level for the purpose of plan compliance with this code and applicable

State and Federal law.

b. “Applicant” means the Ho-Chunk Nation or an individual, who is authorized

to sign for a business entity, who submits an application to participate in the

Hemp program.

c. “Certified seed” means seed acquired from a certified seed dealer, that has

standards and procedures approved by the United States Secretary of

Agriculture to assure the genetic purity and identity of the seed certified.

d. “Code” refers to this Hemp code.

e. “Commercial sales” means the sale of a product in the stream of commerce at

retail or at wholesale, including sales on the internet.

f. “Commission” means the Ho-Chunk Nation Hemp Control Commission.

g. “Consumable product” means a Hemp product intended for human or animal

consumption.

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

i. “Farm Bill” refers to the Agriculture Improvement Act of 2018, Pub. L. 115334 (Dec. 20, 2018).

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j. “Final Rule” means the Final Rule for establishment of a domestic hemp

production program issued by the U.S. Department of Agriculture (“USDA”)

on March 22, 2021.

k. “Director” means the Director of the Ho-Chunk Nation Hemp Control

Commission.

l. “GPS” means global positioning system.

m. “Grow site” means a contiguous lot, parcel, or tract of land registered with the

Tribes on which a Hemp grower cultivates Hemp. A grow site may include

land and buildings that are not used to cultivate Hemp.

n. “Harvest Lot” means a quantity of Hemp, of the same variety, harvested in a

distinct timeframe that is: (1) Cultivated in one contiguous production area

within a grow site; or (2) cultivated in a portion or portions of one contiguous

production area within a grow site. Harvest lot does not include a quantity of

Hemp comprised of Hemp grown in noncontiguous production areas.

o. “Harvest Lot Identifier” means a unique identifier used by the Tribes to

identify the harvest lot.

p. “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.

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

r. “Hemp grower” means a person licensed by the Tribes to cultivate Hemp on

tribal land.

s. “Hemp ingredient” means all derivatives, extracts, cannabinoids, isomers,

acids, salts, and salts of isomers of any part of the Hemp plant included in the

definition of “Hemp.”

t. “Hemp product” means a finished product with an Acceptable Hemp THC

level that is derived from, or made by, processing a Hemp crop, and that is

prepared in a form available for commercial sale. The term includes, but is not

limited to cosmetics, personal care products, consumable products, cloth,

cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product

containing one or more Hemp ingredients such as cannabidiol.

u. “Hemp program” means the Hemp production program carried out under this

Hemp code.

v. “Institution of higher education” has the meaning assigned to it by 20 U.S.C. §

1001 and shall expressly include tribal institutions.

w. “Intended for consumption” means intended for a human or animal to ingest,

inhale, topically apply to the skin or hair, or otherwise absorb into the body.

x. “Person” means a natural person, corporation, foundation, organization,

business trust, estate, limited liability company, licensed corporation, trust,

partnership, limited liability partnership, association, or other form of legal

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business entity, including HCN farms, as well as a state or local government

entity.

y. “Process” means to convert any portion of a Hemp crop into a Hemp

ingredient, Hemp product, or other marketable form.

z. “Territory” means the territory of the HCN shall include all lands held by the

Nation or the people, or by the United States for the benefit of the nation or

the People, lands leased by the HCN and any additional lands acquired by the

Nation or by the United States for the benefit of the Nation or the People,

including but not limited to air, water, surface, subsurface, natural resources

and any interest therein, notwithstanding the issuance of any patent or rightof-way in fee or otherwise, by the governments of the United States or the

HCN, existing or in the future.

aa. “Tribal land” means all lands subject to the Tribes’ jurisdiction, including but

not limited to any land on the Territory to which the United States holds legal

title in trust for the Tribes, or for any particular Indian; or owned by a

particular Indian or by the Tribes subject to a restriction against alienation

imposed by the United States.

bb. “Tribes” means the Ho-Chunk Nation.

cc. “THC” means tetrahydrocannabinol and has the same meaning as delta-9

tetrahydrocannabinol.

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

distinctive observable physical characteristic(s) or has a distinct genetic

composition.

5. Compliance and Exemption.

a. Nothing in this code authorizes any person to violate any tribal or federal law

or regulation.

b. No employee of a Hemp grower shall be subject to prosecution or civil

penalty in Tribal Court for cultivation, production, or distribution of Hemp in

accordance with this code and federal law.

CHAPTER II- HEMP PROGRAM

6. General.

a. Any Person engaging in activities related to Hemp within the Tribes’

jurisdiction, including, but not limited to, growing, processing, handling,

transporting, or storing Hemp, shall only do so pursuant to a valid license

issued under this code.

b. All persons conducting or engaged in activities related to Hemp on tribal

land shall abide by the license requirements provided for under the Tribes’

business and professions code.

c. Nothing in this code limits, modifies, or waives the need for a person to

obtain all licenses and licensure required by applicable law to operate a

business on the Territory, including but not limited to compliance with

building and safety regulations, health and safety regulations, leasing and

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land use laws and environmental laws. The issuance of a license under this

code shall not be deemed or construed as a certification of a Person’s

compliance with other applicable regulations or laws. Additional licenses

and licenses may be necessary before a person may lawfully cultivate

Hemp. It is the responsibility of the person obtaining a license under this

code to comply with other applicable laws and regulations. The

Commission may, as appropriate and feasible, assist persons in identifying

the necessary additional licenses or licenses required.

d. Notwithstanding any rule or regulation to the contrary, the inclusion of

Hemp as an ingredient in a consumable product shall not by itself render

the product misbranded or adulterated.

e. No person shall have an expectation of privacy with respect to any

location or site that is a grow site. Hemp growers, whether present or not,

shall grant the Tribe, their representatives, law enforcement officials, and

federal authorities, access to the grow sites for inspection and sampling,

without cause and without advanced notice.

7. Establishment of the Ho-Chunk Nation Hemp Control Commission

f. The Tribe hereby establish the Ho-Chunk Nation Hemp Control

Commission (“Commission”) which is delegated the authority to oversee

the regulation of Hemp production under this code. The Commission shall

have all the powers necessary and proper to carry out the purposes set

forth in this code. The Commission shall at a minimum:

i. Provide prospective applicants with information necessary to

submit a complete application;

ii. Upon review and verification of information contained in a license

application, recommend the approval or denial of license

applications to Legislature;

iii. Obtain the assistance of HCN Police Department, DEA-approved

laboratories, agricultural or environmental consultants or other

third-parties as necessary to properly regulate Hemp production

under this code;

iv. Enforce license requirements and conditions and promptly report

any violations to Legislature and tribal prosecutors;

v. Develop policies, procedures, protocols and forms necessary to

carry out this code;

vi. Ensure that the Hemp program is in compliance with all mandatory

reporting requirements outlined under the Farm Bill, the Final

Rule, and other applicable federal law; and

vii. Provide a written report to the Legislature, at least annually, on

Hemp production occurring pursuant to this code, including the

amount of land under cultivation, a profile of licensees, revenue

generated by Hemp production, any violations of this code or other

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tribal law related to Hemp production currently under

investigation, and any resources necessary to expand Hemp

production and to improve regulation of Hemp production on tribal

land.

g. Ho-Chunk Nation Hemp Control Commissioner.

i. A Commissioner is appointed by the Legislature.

ii. The Commissioners will each serve for a term of six (6) years

commencing on July 1st of the year of appointment in accordance

with Section 9.C. Prior to the dates specified for each seat in Section

9.C., the Commissioners’ terms shall be for four (4) years, with the

exception of Seat 5, which shall be for three (3) years.

1. At least ninety (90) calendar days prior to the expiration of a

Commissioner’s term in office, the Legislature will post the seat as

open.

2. Vacancy.

iii. Upon a vacancy on the Commission through death, resignation,

incapacity, or removal from office, the Legislature will post the seat

as open within five (5) business days.

iv. If a vacancy is less than one year, the appointed Commissioner will

fulfill the current vacancy and continue with a full six (6) year term.

v. All other vacancies will fulfill the current term.

h. Staggered terms. The Commissioners’ terms shall be staggered.

1. Seat 1 and 2 shall expire every six (6) years beginning

June 30, 2024.

2. Seat 3 shall expire every six (6) years beginning June 30, 2026.

3. Seat 4 and 5 shall expire every six (6) years beginning June 30, 2028.

2. In order to qualify for appointment to the Commission, an applicant must:

a. Be an enrolled member of the Nation.

b. Be at least 25 years of age or older.

c. Have at least a high school diploma, or equivalent.

d. Possess working experience in the Hemp industry. Have a minimum of five

(5) years of experience in any combination of the following:

i. Post-secondary education in one or more of the following areas;

1. Agriculture degree or Cannabis Certificate;

2. Hemp law or Indian law;

3. Law enforcement;

4. Business administration or business management;

5. Information Technology (IT/MIS)

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ii. Hemp experience in one or more of the following areas:

1. Hemp regulation;

2. Hemp operations;

3. Auditing;

4. Background investigations;

5. Surveillance

e. Submit to and successfully comply with criminal and civil background

investigations and meet with Nation’s eligibility standards which will be at

least as stringent as the standards established for key employees and primary

management officials.

f. Have no prior criminal record of conviction of, or entry of a plea of guilty

or no contest to, any of the following in any jurisdiction, unless pardoned:

i. A felony relating to controlled substances;

ii. Any Hemp-related offense;

iii. Crimes of dishonesty; offenses which involve the taking or

appropriation of property without the consent of the owner in the

knowledge that the accused has no right to the property in question.

g. Submit to and successfully comply with the Ho-Chunk Nation Drug,

Alcohol and Controlled Substance Policy (Employment Relations Act, 6

HCC § 5, Ch. VII).

h. Willingness and ability to perform duties in accordance with the job

description of a Hemp Control Commissioner.

i. Demonstrate experience in reviewing and interpreting laws, regulations,

policies and procedures;

j. Possess strong interpersonal, verbal and written communication skills.

k. Possess the physical capabilities requiring extensive travel, working varied

hours, including evening and weekends; and perform a minimum of forty

(40) hours a week.

l. Possess a valid driver’s license, dependable transportation and proper

insurance.

m. As defined in this Ordinance and at the time of appointment, cannot be

directly related to any member of the Legislature or the President.

n. Not be a primary management official, or owner or controlling person with

respect to any management contract, or relative thereto.

o. Not be employed by any of the Nation’s hemp operations during his or her

term of office.

3. The Legislature shall require a background check with appropriate law enforcement

agencies for each Commissioner candidate; shall review the candidate’s background

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check results; and shall make an appropriate eligibility determination before appointing

an individual to the position of Commissioner.

4. The Legislature recognizes the importance of an independent Commission in

maintaining a well-regulated Hemp operation. The Commission shall be independent

of, and act independently and autonomously from, the Legislature and Executive

Branches in all matters within its purview. To avoid potential conflicts of interest

between the operation and regulation of the Hemp facility, the Nation requires that, at

a minimum:

a. No seated member of the Legislature may serve on the Commission;

b. Appointed members of the Commission are prohibited from purchasing

Hemp in any of the Nation’s Hemp facilities.

5. A vacancy on the Commission through death, resignation, incapacity, or removal from

office will be filled by a majority vote of the Legislature at a duly convened meeting.

6. Removal.

a. The independence of the Commission is essential to a well-regulated

Hemp Operation. For that reason, Commissioners may only be removed

from office by the Legislature prior to the expiration of their respective

terms for neglect of duty, misconduct, malfeasance, misfeasance, or other

acts that would render a Commissioner unqualified for his/her position.

Removal will be initiated upon a petition being presented to the

Legislature by any member of the Legislature or the President.

b. The Legislature shall determine whether to consider a petition for

removal.

c. If the Legislature has determined to consider a petition for removal, the

Commissioner subject to removal hereunder shall be given notice in

writing of the specific grounds for a pending removal and an opportunity

at a hearing before the Legislature, which hearing shall be held not less

than thirty (30) days after the Commissioner’s receipt of the Notice of

Removal hereunder, to appear and present evidence rebutting the grounds

for his or her removal. Notice required hereunder may be made by

personal service or by certified mail with return receipt requested.

d. While a removal proceeding is underway pursuant to this section, the

Legislature may, in its discretion, investigate and order immediate

suspension pending a final determination concerning removal of a

Commissioner who is subject to such proceeding.

e. Any allegations of neglect of duty, misconduct, malfeasance,

misfeasance, or other acts that would render a Commissioner

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unqualified for his/her position must be substantiated by a

preponderance of the evidence. A final determination of the

Legislature removing a Commissioner shall be subject to review

by the Nation’s courts solely with respect to errors of law, and all

findings of fact made by the Legislature may be overturned only if

clearly erroneous.

8. Hemp Control Commission Authorized Duties

A. The Legislature hereby establishes a Commission to regulate the Nation’s Hemp operations.

The Commission shall consist of five (5) members, including a Chair, Vice-Chair, Secretary,

and Treasurer. At the inaugural meeting established by the Commission, the Commission

will vote on the above mentioned roles and submit information to Legislature.

The Commission possesses all the rights, privileges, and immunities of the Nation, including

but not limited to the sovereign immunity of the Nation from suit absent express consent

from the Legislature. The individual members of the Commission are appointed officials of

the Nation’s government and shall be immune from suit when acting in their official capacity

to the fullest extent permitted by law.

The Commission will conduct oversight and ensure compliance with Ho-Chunk Nation,

Federal and, if applicable, State laws and regulations.

The Commission may recommend Hemp-related policies and guidelines to the Legislature

and other appropriate regulatory authorities, including any amendments to the Ordinance.

No prior or subsequent review by the Legislature of any actions of the Commission shall be

required or permitted, except as may be otherwise explicitly provided in this

Ordinance. Notwithstanding the foregoing, the Commission shall be subject to all Nation

laws.

A decision may be reached by the Commission by a majority of the Members of the

Commission. The Commission may act in its official capacity, even if there are vacancies

on the Commission.

The Commission will serve as the licensing authority for individuals employed in the Hemp

operation and will administer background investigations as part of the licensing process.

The Commission will have regulatory oversight of the Hemp operation’s internal controls

and in tracking Hemp revenues.

The Commission shall have the authority to take enforcement actions, including suspension

or revocation of a Hemp license in accordance with this Ordinance.

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The Commission shall have the authority to refer actions of the Executive to the Legislature

for the right of review pursuant to Article 5 Section 2(b) of the Ho-Chunk Nation

Constitution.

The Commission may enjoin or otherwise prevent any violation of this Ordinance, any Order

of the Commission, any license condition or other laws relating to Hemp on the Nation's

lands and/or seek to impose penalties or fines for such violation(s) in accordance with Section

37. To enforce violations the Commission shall be able to apply the doctrine of respondeat

superior. Any person may be found responsible and liable for violations due to the action or

inaction of the person or person’s employees, agents, or officers. The Commission will only

use the doctrine of respondeat superior to seek to impose sanctions on a supervisor if it can

be shown that:

After the Commission has informed the supervisor in writing of the violation, the

supervisor has failed within a reasonable time to instruct his or her employees, agents, or

officers of appropriate action to remedy the violation in the future; or

The violation committed by the supervisor’s employees, agents, or officers is so

egregious that the supervisor should have known about the violation and taken corrective

action.

In order to carry out its regulatory duties in accordance with this Ordinance, the Commission

shall have immediate, unrestricted, and unfettered access to all areas of the Hemp Operations

and all areas where Ancillary Activities are conducted, including, but not limited to,

accounting, information technology, storage, and administrative support areas, as well as

unfettered access to all meetings of the Hemp Operation, and records of the Hemp Operation

wherever conducted or maintained, which it may exercise directly or through such agents or

employees as determined by the Commission.

The Commission or authorized agent of the Commission will have full access to all areas

related to the licensed Hemp facility for any and all inspections, any and all audits, necessary

observations, and preliminary and formal investigations at any time, without notice to

management, the Department of Business, and the Office of the President in order to carry

out the duties of this code.

The Commission has the authority to temporarily impound Hemp equipment for

investigation, review, or analysis and execute a shutdown of specified Hemp-industry related

equipment failing to conform to the standards required under laws and regulations applicable

to the Hemp Operation.

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The Commission will conduct background investigations, or cause such investigations to be

conducted, for primary management officials, key employees, and vendors of the Hemp

operations.

The Commission will review and approve all investigative work conducted in connection

with the background investigations of primary management officials, key employees, and

vendors of the Hemp operations.

Confidentiality of Information. The Commission may refuse to reveal, in any court

proceeding the identity of any informant, or the information obtained from the informant, or

both the identity and the information.

The Commission will create and maintain investigative reports based on the background

investigations of primary management officials, key employees, and vendors of the Hemp

operations.

The Commission will obtain and process fingerprints upon hiring and every other review

period and conduct a criminal history check that shall include a check of criminal history

records information maintained by the Federal Bureau of Investigation.

The Commission will make licensing eligibility determinations.

The Commission will submit a notice of results to the Legislature of the background

investigations done for each primary management official and key employee applicant.

The Commission will issue Hemp licenses to primary management officials and key

employees of the operation, if warranted by the eligibility determination.

The Commission shall ensure that all records and information obtained as a result of an

employee background investigation, including but not limited to, the identity of each person

interviewed in the course of an investigation, shall remain confidential and shall not be

disclosed to any persons who are not directly involved in the licensing process.

The Commission will establish standards for licensing Ho-Chunk Nation Hemp facilities

which shall be included in the Administrative Rules.

The Commission will issue Hemp licenses to Ho-Chunk Nation Hemp facilities.

The Commission will inspect, examine, and monitor all of the Nation’s Hemp activities, and

have unlimited immediate access to review, inspect, examine, photocopy, and audit all

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records of the Hemp facilities and operations at any time, absent notice to management, the

Department of Business, and the Office of the President.

The Commission will investigate any suspicion of wrongdoing associated with any Hemp

activities which may result in an external forensic audit.

AA. The Commission will ensure patron complaints are reviewed, investigated, and resolved in

accordance with procedures established in this ordinance and the Ho-Chunk Nation Hemp

regulations.

BB. The Commission will have the right to exclude a person from any Hemp facility in

accordance with this Ordinance at any time for any reason.

CC. The Commission will have the right to reinstate a previously excluded person after a

thorough investigation.

DD. The Commission will comply with any and all reporting requirements under USDA, the

USDA’s regulations and any Ho-Chunk Nation-State compact to which the Ho-Chunk

Nation is a party, and any other applicable law.

EE. The Commission will promulgate and issue regulations necessary to comply with applicable

internal control standards.

FF. The Commission may promulgate and issue regulations on the levying of fees and/or taxes

associated with Hemp license applications.

GG. The Commission may promulgate and issue regulations on the levying of fines and/or the

suspension or revocation of Hemp licenses for violations of this Ordinance or any Ho-Chunk

Nation, Federal, or applicable State Hemp regulations.

HH. The Commission may consider issuing licenses to Hemp vendors possessing valid licenses

from other tribal or state jurisdictions until such time that the Nation completes its own

background investigation. In the event that other jurisdictions suspend, revoke, or refuse to

renew a license or certificate to a Hemp vendor, the Commission will consider the

determination of that jurisdiction and may suspend, revoke, or refuse to renew any license

issued by the Commission.

II.

The Commission will perform such other duties the Commission deems appropriate for the

proper regulations of the Ho-Chunk Nation Hemp operation.

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JJ.

The Commission may promulgate such regulations and guidelines as deemed appropriate to

implement the provisions of this ordinance, so long as they are in furtherance of, and not in

conflict with, any provisions of this ordinance. Such regulations and guidelines promulgated

by the Commission shall be approved by the Legislature.

KK. Approval of Hemp Facility floor plans, closed-circuit television system, and cashier’s safe,

minimum staffing and supervisory requirements, and technical standards for Hemp device

operations.

LL. The Commission may refer any apparent violations of the Nation's laws of general

applicability, such as, but not limited to, the Employment Relations Act (6 HCC § 5) the

Appropriations and Budget Process Act (2 HCC § 4), Finance Manual/Ordinance [Title

changed by Resolution 08.24.21A] (5 HCC § 5), or law impacting on the Nation's

Contracting Authority in the operation of the Nation's Hemp facilities to the Attorney

General for consideration and action as he/she may determine appropriate.

MM. The Commission shall keep a written record of all its meetings where official action is taken.

NN. The Commission will use the Nation’s Department of Justice Attorneys as its legal counsel,

or such other counsel to whom the Nation’s Department of Justice may appoint special

counsel for such matters.

1. All communications by the Commission and the assigned Attorney shall be confidential,

privileged, and protected communication.

2. Only the Attorney General or designee may release such information pursuant to the

Discovery Act.

OO. When the Nation’s Department of Justice is conflicted from representing the Commission,

the Commission shall have the ability to request an Attorney, who is admitted to practice law

within the Nation’s court system to discuss all enforcement actions and to represent the

Commission in Trial Court.

PP. The Commission will have such other powers as are delegated to it from time to time by the

Legislature.

QQ. The Commission has discretion as to what documents may or may not be shared with

requisite Hemp Commissioners related to guidance and implementation.

RR. Administrative Rules will be developed and adopted by the Commission and shall govern all

Hemp license determinations and hearings. Such Administrative Rules shall be approved by

the Legislature.

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i. .

f. Funding. The Legislature shall fund the Commission on an annual basis

from its General Fund at a level sufficient to support its execution of its

duties and obligations set forth herein. If the Commission needs a budget

modification during a fiscal year, it shall make its request to the

Legislature.

7. Licensing.

g. License Application

i. Any person producing or intending to produce Hemp on tribal

lands must have a valid license prior to producing, cultivating, or

storing Hemp. A valid license means the license is unexpired,

unsuspended, and unrevoked.

ii. Any person desiring to cultivate Hemp anywhere on tribal land

shall submit to the Commission a completed Hemp grower license

application at least 90 days prior to planting. The license

application shall contain the following information.

1. The full name, residential address, telephone number, and email

address (if available) of the applicant;

2. If the applicant represents a business entity, the full legal entity name

of the business, the principal business location address, the full name

and title of the key participants, the employer identification number

(“EIN”) of the business, and the email address (if available) of the

applicant;

3. Documentation showing a valid tenancy, ownership or other legal

interest in the proposed property, and that the property and applicant

are otherwise in compliance with the Tribes’ Agriculture code.

4. Street address (if possible), legal description and geospatial location

for each field, greenhouse, building, or site where Hemp will be

grown, handled, processed or stored.

5. A business plan and operations plan that includes at a minimum the

following:

a. The proposed acreage or greenhouse or indoor square

footage to be planted or used for processing.

b. A description of the type of facility proposed and the

anticipated or actual number of employees and the

name of the proposed manager of the facility.

c. A description of the intended output (i.e., raw Hemp or

some Hemp product), and if the business intends to

manufacture Hemp product(s), a description of the

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proposed Hemp products and the intended market for

the products;

d. A security plan which shall identify a system for

accounting for Hemp plants, security systems(s) and

lighting plan showing the outside lighting, and current

centrally alarmed and monitored security system

service agreements;

e. A list of pesticides, herbicides, and other potentially

hazardous materials proposed for use and proposed

precautions for applying, handling and storing the

materials.

f. A description and plan of all equipment and methods

that will be employed to stop any noxious effects and/or

impacts to adjacent uses, including assurances that

minimal to no odor will be detected from outside the

grow site.

g. A plan for the disposal of Hemp and related byproducts.

h. Source of seeds or propagules.

i. A statement of previous farming and business expertise

or experience.

h. Grow Site Registration. As a component of the Hemp grower license

application, each applicant shall submit a grow site registration application

on a form provided by the Tribes for each proposed grow site. Information

submitted to the Tribes must include, at a minimum:

i. The street address (if possible), legal description and geospatial

location of each field, greenhouse, building, or site where Hemp

will be cultivated.

ii. If Hemp is cultivated or is intended to be cultivated in a field:

1. the geospatial location of the grow site provided in decimal of degrees

and taken at the approximate center of the grow site;

2. the number of square feet or acres of each grow site; and

3. a map of the production area showing clear boundaries of the grow

site.

iii. If Hemp is cultivated or is intended to be cultivated in a

greenhouse or other building:

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

approximate entrance of the greenhouse or other building composing

the grow site;

2. the approximate dimension or square feet of the greenhouse or other

building composing the grow site; and

3. a map of the production area showing clear boundaries of the grow

site.

iv. Any other information required by the Commission.

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i. Acknowledgement of Terms. By submitting an application, the applicant

acknowledges and agrees to the following minimum terms and conditions,

which shall be expressly contained in licenses issued by the Legislature:

i. any information provided to the Legislature or another entity or

instrumentality of the Tribes may be provided to law enforcement

agencies without further notice to the applicant;

ii. the applicant or Hemp grower shall allow and fully cooperate with

any inspection and sampling of Hemp or Hemp products that the

Tribes deems necessary;

iii. the applicant or Hemp grower shall pay for any inspection and

laboratory analysis costs that the Tribes deem necessary within

thirty (30) days of the date of the invoice, provided that the Hemp

grower shall not be required to pay for more than one (1) tribal

inspection and associated laboratory analysis costs per year unless

the applicant or Hemp grower is alleged to have violated the

license or this code;

iv. the applicant or Hemp grower shall submit all required reports by

the applicable due-date specified by the Commission;

v. The applicant or Hemp grower will comply with applicable laws

rules and regulations, including but not limited to, this code, tribal

law, and federal law;

vi. The applicant consents to all of the licensing terms and conditions

listed in the license;

vii. The applicant consents to the jurisdiction of the Tribe;

j. License Application Processing.

i. Upon submission of an application, the Commission shall verify

that the information in the application is accurate and complete,

including one pre-licensing inspection of the grow site.

Verification by the Commission shall occur within twenty-one (21)

days of submission of the application. The Commission shall

notify applicants that their application is complete or specify

information that remains to be submitted.

ii. Upon verification of the information in the application,

applications shall be reviewed for compliance with code and any

other applicable law within thirty (30) days.

iii. The Commission shall submit their written recommendation to

grant or deny the license to the Legislature within seven (7) days.

iv. Legislature shall make the final determination as to whether to

approve or deny a license application within fourteen (14) days of

receipt of the recommendation. The Commission shall notify

applicants that the license has been granted or denied by certified

mail and assign the successful applicant a license number.

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v. Applicants may appeal the denial of a license according to the

procedure set forth in Ch. III, Section 20 below.

k. The notice that a license has been approved shall contain the following

minimum information:

i. The contact information required for license applications contained

in Ch. II, Section 8.

ii. The hemp grower’s license identification provided in a format

compatible with the USDA’s information sharing system.

iii. Any conditions or restrictions on the license.

iv. The date of expiration of the license.

v. The dates of scheduled sampling(s) and inspection(s).

vi. The date for submission of an application to renew the license.

vii. Any other information deemed appropriate by the Commission.

l. All licenses shall be valid for three (3) years from the date of issuance,

unless otherwise extended or revoked at an earlier date pursuant to this

code or other tribal law or regulation.

m. Licenses cannot be assigned or transferred to another Person, unless first

approved by the Director in writing.

n. License Conditions.

i. The Tribe may add conditions and/or provisions to licenses at any

time, including but not limited to:

1. Conditions for protection of the soil and water quality;

2. Conditions restricting water use or irrigation;

3. Conditions governing the disposal of plants and equipment related to

Hemp production;

4. Conditions governing the disposal of plants and equipment related to

Hemp production;

5. Conditions protecting workers health and safety;

6. Provisions that ensure the security of the Hemp production operation;

7. Provisions to ensure that records are effectively maintained; and

8. Provisions governing the THC-testing of Hemp crops.

ii. The Tribes must notify the Hemp grower of conditions added to

the license after the license has issued in writing, must specify the

time for compliance with the conditions and must verify

confirmation of receipt by the Hemp grower.

iii. Contesting license conditions.

1. License conditions may be contested as impracticable or unnecessary

for compliance with tribal or federal law.

2. A Hemp grower may petition for review of a license condition by the

Legislature under the procedure set forth in Ch. III, Section 20.

o. License Modifications. A license modification is required if there is any

change to the information submitted in the application including, but not

limited to, sale of a business, the production, handling, or storage of Hemp

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in a new location, or a change in the key participants producing under a

license.

p. Renewal. Licenses may be renewed annually or as otherwise determined

by the Tribes by submitting a renewal application to the Commission no

later than ninety (90) days prior to the date of the license expiration. At a

minimum, the renewal application shall require the Applicant to provide

updated information regarding the grow site registration, address and

contact information, any citations of the applicant for violations of Hemp

production licenses or tribal law and any changes to the applicant’s

eligibility under Ch. II, Section 8.

q. Revocation. The Tribes shall immediately revoke the license of a Hemp

grower if the Hemp grower:

i. Pleads guilty to, or is convicted of, any felony related to a

controlled substance;

ii. Made any materially false statement with regard to their license

application with a culpable mental state greater than negligence; or

iii. Is found to be growing cannabis exceeding the Acceptable Hemp

THC level with a culpable mental state greater than negligence or

negligently violated this code three times in five years.

8. Persons Ineligible for Licenses.

r. Any person convicted of a felony relating to a controlled substance under

state or federal law shall be ineligible to produce Hemp under the Hemp

program during the ten (10) year period following the date of the

conviction, unless that person was already lawfully growing Hemp under

the 2014 Farm Bill before December 20, 2018 and if the conviction also

occurred before December 20, 2018.

s. A Hemp grower that negligently violates this code or other State or Tribal

plan or the USDA plan three (3) times in a five (5) year period shall be

ineligible to participate in the Hemp program for a period of five (5) years

beginning on the date of the third violation.

t. Any person found to have materially falsified any information contained

in an application for a hemp license shall be permanently ineligible for a

license.

9. Fees.

u. In addition to submitting a Hemp grower license application or renewal

application, each applicant shall submit the application fee set by the

Commission

v. The Tribes may set and collect additional fees, including testing fees, in

amounts that are reasonable and necessary to cover the costs of

administering and enforcing the Tribes’ Hemp program.

w. Application fees shall not cover or include the cost of obtaining and

submitting a criminal background check report.

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x. The Tribe may waive the application fee for tribal enterprises or

enterprises which are majority owned by a HCN tribal member.

10. Inspections.

y. The Tribe shall conduct scheduled inspections of all Hemp growers and

grow sites, at least once per growing season. The purpose of these

inspections is to verify compliance with all requirements and conditions of

the license issued, as well as with applicable tribal and federal law.

Inspection may include sampling by tribal inspectors for testing of Hemp

products THC levels or any other purpose. In addition to scheduled

inspections, the Tribes shall have authority to conduct random inspections

of all Hemp growers and all grow sites.

z. Random inspections may be conducted at any time. Inspectors shall be

granted unrestricted access to the grow site(s).

aa. The Tribe shall complete a report for all inspections. Any reports noting

violations of the license, this code, or other applicable tribal or federal law

shall be submitted to the Legislature within forty-eight (48) hours for

review.

bb. All samples collected by the Tribes shall become the property of the

Tribes and no compensation shall be owed by the Tribes for such samples.

cc. The Tribes shall maintain a record of test results for all Hemp products

tested for a minimum of three (3) years.

11. Land Use Restrictions and Site Modification.

dd. A Hemp grower shall not cultivate Hemp on any site not listed in a valid

grow site registration approved by the Tribes.

ee. Any Hemp grower that wishes to alter its grow site shall, before altering

the grow site, submit to the Commission an updated legal description,

geospatial location, and map specifying the proposed alterations on a form

determined by the Commission. Modification of the grow site shall be

considered a proposed modification of the license. No modifications to the

grow site may be made without prior written approval from the Tribes.

ff. No grow site may be included in more than one (1) grow site registration

at the same time, and no Hemp plant shall be included in more than one

(1) grow site registration simultaneously.

12. Transportation Requirements.

gg. The Hemp grower or other person responsible for the transportation of a

Hemp crop or Hemp product must ensure that the following

documentation accompanies the Hemp crop or Hemp product at all times

during transport:

i. a copy of the license that corresponds to the grow site from which

the Hemp originated;

ii. a copy of the pre-harvest test results that corresponds to the harvest

lot in transit as identified by the harvest lot identifier that

accompanies the Hemp;

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iii. a copy of a transport manifest that includes all information

required to be documented by the Tribes;

iv. the transportation log; and

v. any other documentation that may be required by the Commission

or federal regulations.

hh. To ensure the security of the Hemp crop or Hemp products:

i. The Hemp grower or employee thereof shall remain in the

presence of and shall maintain control of the Hemp crops or

products at all times.

ii. At least two people shall be present to transport Hemp crops or

products to ensure their security.

iii. The Hemp grower shall take any other precautions specified by

tribal or federal law, regulations or policy.

ii. The two people transporting the Hemp crop or product shall certify

transport and delivery on the same day that the Hemp crops or products

are transported and delivered.

CHAPTER III- COMPLIANCE AND ENFORCEMENT

13. General.

a. Upon written or oral request of the Tribe, Hemp growers shall provide the

Tribes’ inspector immediate and unrestricted access to all plants, parts,

and seeds within a grow site, whether growing or harvested, and all land,

buildings and other structures used for the cultivation of Hemp, and all

documents and records pertaining to the Hemp grower’s Hemp business.

15. Required Recordkeeping and Reporting

a. Tribal Recordkeeping and Reporting:

i. The Commission shall retain for a period of at least three (3)

calendar years, all information required to be collected in Chapter

II of this code for every grow site approved by the Tribes.

ii. Hemp Grower Report. The Commission shall submit to the USDA,

by the first of each month, a report providing the contact

information and the status of the license or other authorization

issued for each Hemp grower under this code. If the first of the

month falls on a weekend or holiday, the report shall be submitted

by the first business day following the first of the month. The

report shall contain:

1. For each new Hemp grower who is an individual and is

licensed or authorized under this code, the report shall include

the individual’s:

a. full name;

b. license identification number;

c. business address;

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d. telephone number;

e. email address (if available); and

f. a legal description of the land on which the Hemp

grower is producing or intends to produce Hemp

including, to the extent practicable, its geospatial

location.

b. For each new Hemp grower that is an entity and is licensed or authorized

under this code, the report shall include the entity’s:

a. Full name;

b. License identification number;

c. Principal business location address business address;

d. The full name, title, and email address (if available) of

each employee for whom the entity is required to

submit a criminal history record report; and

e. a legal description of the land on which the Hemp

grower is producing or intends to produce Hemp

including, to the extent practicable, its geospatial

location.

2. for each Hemp grower that was included in a previous report

and whose reported information has changes, the report shall

include the previously reported information and the new

information;

3. the status of a license or other required authorization from the

Tribes including any changes to that status.

4. The period covered by the report; and

5. Indication that there were no changes during the current

reporting cycle, if applicable.

iii. Hemp Disposal Report. If a Hemp grower has produced cannabis

exceeding the Acceptable Hemp THC level, the cannabis shall be

disposed of in accordance with Ch. II, Section 17. The Commission

shall submit to the USDA, by the first of each month, a report

notifying the USDA of any occurrence of non-conforming plants or

plant material and providing a disposal record of those plans and

materials. If the first of the month falls on a weekend or holiday, the

report shall be submitted by the first business day following the first

of the month. The report shall contain:

a. Name and address of the Hemp grower;

b. The Hemp grower’s license or authorization identifier;

c. Location information, such as lot number, location type,

and geospatial location or other location descriptor for

the production area subject to disposal;

d. Information on the agent handling the disposal;

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iii.

e. Disposal completion date; and

f. Total acreage.

Annual Report. The Commission shall submit an annual

report to USDA. The report shall be submitted by

December 15 of each year and contain the following

information:

1. Total planted acreage;

2. Total harvested acreage; and

3. Total acreage disposed.

b. Hemp Grower Recordkeeping and Reporting:

Hemp growers must report any changes of contact information to

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

Planting Report: Within fourteen (14) days after planting any

Hemp, each Hemp grower shall submit, on a form provided by the

Commission, a planting report that includes the GPS coordinates and a

map showing the location and actual acreage or square feet of Hemp

planted.

Pre-Harvest Notification: At least fourteen (14) days prior to

harvest, each Hemp grower shall submit a pre-harvest notification, on a

form provided by the Commission, that includes the projected harvest

date(s) and location(s) of each variety of Hemp cultivated within a grow

site. A Hemp grower must notify the Commission immediately of any

changes in the reported harvest date(s) in excess of seven (7) days.

Post-Harvest Report: Within fourteen (14) days post-harvest, each

Hemp grower shall submit a Post-harvest report to the Commission, on a

form provided by the Commission that includes the actual harvest date(s)

and location(s) of each variety of Hemp harvested within a grow site. A

Hemp grower is not required to document the removal of male Hemp

plants on a post-harvest report provided that the male Hemp plants are

destroyed or utilized on the grow site and are not transferred or sold.

Test Results Report: Each Hemp grower must ensure that the

DEA-registered laboratory that conducts the test of the sample(s) from

its grow site reports the test results for all samples tested to USDA. The

test results report shall contain the following information for each sample

tested:

a. Hemp grower’s license identification number;

b. Name of Hemp grower;

c. Business address of Hemp grower;

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d. Lot identification number for the sample;

e. Name and DEA registration number of laboratory;

f. Date of test and report;

g. Identification of a retest; and

h. Test result.

Reporting Hemp Crop Acreage to the USDA Farm Service

Agency. All Hemp growers must report Hemp crop acreage to the USDA

Farm Service Agency (“FSA”) pursuant to USDA guidelines and shall

provide, at minimum, the following information:

a. Street address and geospatial location of the grow site;

b. Acreage dedicated to the production of Hemp, or greenhouse or

indoor square footage dedicated to the production of hemp; and

c. License identification number.

Transportation Log. Hemp growers must maintain a transportation

log documenting each occurrence when Hemp crops are transported

whenever to or from a grow site. The transportation log shall contain the

following information:

a. dates and times of transportation and delivery of Hemp crops

and products, the names of individuals transporting, the manager

on duty, any loss or damage to the crop during transport or

delivery, and certification of the recipient of the Hemp crop or

product as well as the manager of the recipient.

b. Transportation logs shall be kept up to date daily and shall be

maintained for a period of three (3) years from the last growing

season. The Tribes may inspect the transportation log at any time.

c. The Hemp grower shall give the Tribe access to the

transportation log at any time upon request.

A Hemp grower must retain all documentation of sampling and

testing for at least three (3) years in a manner such that it can be readily

provided to the Tribes upon request.

The applicant or Hemp grower must report to the Tribes any felony

convictions relating to controlled substances under state, federal, or tribal

law within five (5) business days of receiving notice of such conviction.

10.

Upon revocation of a license or dissolution of a Hemp grower, the

Hemp grower is required either to maintain a copy of all licenses,

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sampling and testing results and transportation logs in a secure location,

the address for which is provided to the Commission for a period of three

(3) years or provide them to the Commission.

16. Grow Site Sampling and Testing for THC-level.

a. Prior to Harvest:

Within fifteen (15) days of the anticipated harvest of cannabis

plants, all Hemp growers must arrange for and ensure that a Commission

official or representative collects samples from the flower material of such

cannabis plants for THC-level testing at a DEA-registered laboratory.

ii.

The method used for sampling from the flower material of the

cannabis plant shall be sufficient at a confidence level of 95 percent that

no more than one percent (1%) of the plants in the grow site would exceed

the Acceptable Hemp THC level. The method used for sampling must

ensure that a representative sample is collected that represents

homogeneous composition of the grow site.

iii.

During a scheduled sample collection, the Hemp grower or an

authorized representative of the Hemp grower shall be present at the grow

site.

iv.

Representatives or officials of the sampling agency shall be

provided with complete and unrestricted access during business hours to

all Hemp and other cannabis plants, whether growing or harvested, and all

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

storage of all hemp and other cannabis plants, and all locations listed in

the producer license.

Hemp growers shall not harvest the cannabis crop prior to samples

being taken.

vi.

For each sample tested pursuant to this chapter, the Hemp grower

shall obtain from a laboratory a certificate of analysis that includes, at a

minimum, the following information:

General information identifying that the Hemp that is the

subject of the certificate of analysis is the product of a sample

tested by the independent testing laboratory;

The date the Hemp was sampled, the date testing was

performed, and methodology used to analyze the sample;

The THC concentration contained in the test sample; and

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A statement indicating whether the sample contained a

THC concentration of not more than the Acceptable Hemp THC

level.

b. Standards Detecting THC Concentration Levels.

Analytical testing for purposes of detecting the THC concentration

levels in the flower material of the cannabis plant shall meet the following

standard:

Laboratory quality assurance must ensure the validity and

reliability of test results;

Analytical method selection, validation, and verification

must ensure that the testing method used is appropriate (fit for

purpose) and that the laboratory can successfully perform the

testing;

The demonstration of testing validity must ensure

consistent, accurate analytical performance; and

Method performance specifications must ensure analytical

tests are sufficiently sensitive for the purposes of the detectability

requirements of Ch. II, Section 16 (a)(ii).

ii.

At a minimum, analytical testing of samples for THC

concentration levels must use post-decarboxylation or other similarly

reliable methods approved by the USDA. The testing methodology must

consider the potential conversion of delta-9 tetrahydrocannabinolic acid

(THCA) in hemp into delta-9 tetrahydrocannabinol (THC) and the test

result reflect the total available THC derived from the sum of the THC and

THC-A content. Testing methodologies meeting the requirements of this

paragraph include, but are not limited to, gas or liquid chromatography

with detection.

iii.

The total THC concentration level shall be determined and

reported on a dry weight basis. Additionally, measurement of uncertainty

must be estimated and reported with test results. Laboratories shall use

appropriate, validated methods and procedures for all testing activities and

evaluate measurement of uncertainty.

iv.

Any sample test result exceeding the Acceptable Hemp THC level

shall be conclusive evidence that the grow site represented by the sample

is not in compliance.

c. Responsibility to Harvest after Testing.

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Hemp growers shall harvest Hemp crops not more than fifteen (15)

days following the date of sample collection.

ii.

If a Hemp grower fails to complete harvest within fifteen (15) days

of sample collection, a secondary pre-harvested sample of the lot shall be

required to be submitted for testing.

iii.

Harvested lots of Hemp plants shall not be commingled with other

harvested lots or other material without prior written permission from the

Commission.

iv.

Hemp crops that meet Acceptable Hemp THC level may enter the

stream of commerce.

Grow sites tested and not certified by the DEA-registered

laboratory not exceeding the Acceptable Hemp THC level may not be

further handled, processed, or enter the stream of commerce and the

licensee shall ensure the lot is disposed of in accordance with Ch. II,

Section 17. Any Hemp grower may request additional testing if it is

believed that the original THC concentration level test results were in

error.

17.

Procedures for Disposal of Noncompliant Plants and products.

Cannabis plants testing higher than the Acceptable Hemp THC level

constitute marijuana, a schedule I controlled substance under the Controlled

Substances Act (“CSA”), 21 U.S.C § 801 et. seq. and must be disposed of in

accordance with tribal law, the CSA, and DEA Regulations found at 21 CFR §

1317.15.

Hemp growers must notify the Commission of their intent to dispose of

non-conforming plants and verify disposal by submitting appropriate

documentation and evidence to the Commission, including:

This documentation and evidence shall include:

1. Name and address of the Hemp grower;

2. The Hemp grower’s license or authorization identifier;

3. Location information, such as lot number, location type, and geospatial

location or other location descriptor for the production area subject to

disposal;

4. Information on the agent handling the disposal;

5. Disposal completion date; and

6. Total acreage.

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The Commission shall submit to the USDA, by the first of each month, a report

notifying the USDA of any occurrence of non-conforming plants or plant material

and providing a disposal record of those plans and materials, in accordance with

Ch. II, Section 15 (b)(iii).

18.

Violations.

A violation of this Chapter shall be subject to enforcement in accordance

with this section, tribal law, and all applicable federal, state and local laws,

regulations, rules and other requirements.

Negligent Violation:

A Hemp grower shall be subject to penalties if the Tribes

determine that the Hemp grower has negligently violated the requirements

or conditions of its license or this code, including by negligently:

A Hemp grower shall be subject to penalties if the Tribes

determine that the Hemp grower has negligently violated the

requirements or conditions of its license or this code, including by

negligently:

providing an incomplete or inaccurate description of land

on which the Hemp grower cultivates Hemp;

producing Cannabis sativa L. with a THC concentration of

more than the Acceptable Hemp THC level. Except a Hemp

grower shall not have committed a negligent violation under this

paragraph if they make reasonable efforts to grow Hemp and the

resulting cannabis product has a THC concentration of more than

the Acceptable Hemp THC level but does not have a THC

concentration of more than 0.5 percent on a dry weight basis.

ii.

A Hemp grower described in this section shall comply with a

corrective action plan established by the Commission to correct the

negligent violation, including:

a. a reasonable date by which the Hemp grower shall correct the

negligent violation; and

b. a requirement that the Hemp grower shall periodically report to

the Commission on the compliance of the Hemp grower with

this code for a period of not less than the next two (2) calendar

years.

iii.

A Hemp grower that negligently violates this code shall not, as a

result of that violation, be subject to any criminal enforcement action by

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the federal government or any state government, tribal government, or

local government.

iv.

A Hemp grower that negligently violates this code three (3) times

in a five (5) year period shall be ineligible to produce Hemp under the

Hemp program for a period of five (5) years beginning on the date of the

third violation.

The Commission shall conduct periodic inspections to determine if

corrective action plans put in place by the Commission to correct

negligent violations have been implemented as submitted.

c. Other Violations:

If the Tribes determine that a Hemp grower on tribal land has

violated this code with a culpable mental state greater than negligence, the

Hemp grower may be subject to penalties under tribal law as well as

federal, state or local laws, and the Tribes shall immediately report the

Hemp grower to:

a. the Chief of Police for HCN Police Department; and

b. the United States Attorney General.

ii.

Ch. III, Section 18 (b) shall not apply to such violations.

19. Penalties and Remedies.

Negligent Violations

Every person found to have negligently violated this code shall be

subject to punishment by a fine of not more than one thousand dollars

($1,000.00).

ii.

Each day during which any such violation shall continue after the

Tribes have given written or oral notice to the person in violation, shall

constitute a separate violation, punishable as herein provided.

iii.

A Hemp grower described in this Section shall comply with a

corrective action plan established by the Tribes to correct the negligent

violation as provided for in Ch. III, Section 18 above.

Other Violations.

In accordance with Ch. III, Section 18 (c), all persons found to

have violated this code with a culpable mental state greater than

negligence shall be immediately reported to the Chief of Police for HCN

Police Department services and the United States Attorney General.

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ii.

Every person found to have violated this code with a culpable

mental state greater than negligence shall be punished by a fine of

($2,000.00), the amount of tribal property harmed or destroyed, the extent

of liability incurred by the Tribes as a result of the violation, or whichever

is greatest.

iii.

Each day during which any such violation shall continue after the

Tribes have given written or oral notice to the person in violation, shall

constitute a separate violation, punishable as herein provided.

iv.

Every person found to have violated the provisions of this code

with a culpable mental state greater than negligence shall forfeit any

licenses under this code and shall be ineligible to obtain a license under

this code for a period of ten (10) years.

The Tribes retain the authority to bring suit against any person to

enjoin any activity relating to Hemp production in violation of a license or

this code, other tribal, state or federal law, and to collect any delinquent

fees, interest or penalties in any court of competent jurisdiction. The court

may award interest, costs, and attorney’s fees on any judgment.

vi.

This section shall not be construed to authorize the imposition of

any criminal penalty against any person who, because of his status as a

non-Indian or otherwise, pursuant to federal law is not subject to the

imposition of criminal penalties by the Tribes.

20. Appeals.

Denial, suspension or revocation of a license may be appealed to the

Tribal Court within twenty (20) days. The Hemp grower or applicant is

responsible for paying all costs associated with an appeal.

The Tribal Court shall review the appeal at a hearing at which the Hemp

grower, the Tribe and any other necessary party is present and consistent with the

Court’s Rules of Civil or Criminal Procedure.

The Tribal Court may affirm the denial, suspension or revocation of a

license based upon a finding that a decision of the Commission or Legislature was

arbitrary, capricious or an abuse of discretion; not supported by substantial

evidence in the record; or otherwise not in accordance with the law or upon any

other basis permitted under tribal law.

The Tribal Court may not assess damages or costs against the Tribes, any

tribal entity or any of their subsidiaries.

For the limited purpose of Ch. II, Section 20 only, the Tribes waive their

immunity from suit.

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CHAPTER IV- MISCELLANEOUS PROVISIONS

21. Sovereign Immunity.

Nothing in this code, or an arbitration, a contract or other agreement, or any action or

inaction relating to, directly or indirectly, tribal hemp, shall constitute a waiver, in whole

or in part, of the sovereign immunity of the Tribes, any tribal entity, or any of their

subsidiaries, departments, affiliates, agents, officers or employees, beyond the terms of

any express limited waiver agreed to therein.

22. Severability.

If any section, provision, phrase, addition, word, sentence or amendment of this article or

its application to any Person is held invalid for any reason whatsoever, such invalidity

shall not affect other provisions or applications of this article that can be given effect

without the invalid applications and to that end, the provisions of this code are declared

severable.

23. Effective date.

This code shall be effective immediately upon enactment.

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.