POKAGON BAND OF POTAWATOMI INDIANS

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CANNABIS REGULATORY ACT

TABLE OF CONTENTS

CHAPTER 1

GENERAL ....................................................................................................... 1

Section 1.01

Short Title ......................................................................................................... 1

Section 1.02

Authority .......................................................................................................... 1

Section 1.03

Findings ............................................................................................................ 1

Section 1.04

Purpose ............................................................................................................. 2

Section 1.05

Construction ..................................................................................................... 3

Section 1.06

Severability ....................................................................................................... 3

Section 1.07

Definitions......................................................................................................... 3

CHAPTER 2

COMMISSION ................................................................................................ 9

Section 2.01

Establishment ................................................................................................... 9

Section 2.02

Governmental Attributes ................................................................................ 9

Section 2.03

Indemnification ................................................................................................ 9

Section 2.04

Delegation of Regulatory Authority ............................................................... 9

Section 2.05

Independence of Commission ....................................................................... 10

Section 2.06

Funding ........................................................................................................... 10

Section 2.07

Composition ................................................................................................... 11

Section 2.08

Qualifications ................................................................................................. 11

Section 2.09

Initial Terms of Office ................................................................................... 13

Section 2.10

Hold-Over ....................................................................................................... 13

Section 2.11

Resignation ..................................................................................................... 13

Section 2.12

Removal .......................................................................................................... 13

Section 2.13

Vacancies ........................................................................................................ 14

Section 2.14

Ethics Requirements...................................................................................... 15

Section 2.15

Compensation................................................................................................. 15

Section 2.16

Powers and Duties ......................................................................................... 15

Section 2.17

Meetings .......................................................................................................... 19

Section 2.18

Quorum........................................................................................................... 20

Section 2.19

Officers ........................................................................................................... 20

Section 2.20

Offices ............................................................................................................. 20

Section 2.21

Record-Keeping ............................................................................................. 21

Section 2.22

Reports ............................................................................................................ 21

CHAPTER 3

REGULATIONS............................................................................................ 22

Section 3.01

Intent ............................................................................................................... 22

Section 3.02

Duty and Authority ....................................................................................... 22

TABLE OF CONTENTS

Section 3.03

Regulations ..................................................................................................... 22

Section 3.04

Expedited Regulations................................................................................... 23

Section 3.05

Limitations ..................................................................................................... 23

CHAPTER 4

COMMISSION ORGANIZATION ............................................................. 24

Section 4.01

Divisions.......................................................................................................... 24

Section 4.02

Executive Director ......................................................................................... 25

Section 4.03

Deputy Director ............................................................................................ 25

CHAPTER 5

EXECUTIVE DIRECTOR ........................................................................... 25

Section 5.01

Appointment................................................................................................... 25

Section 5.02

Removal and Vacancy ................................................................................... 26

Section 5.03

Powers and Duties ......................................................................................... 26

Section 5.04

Background Investigations ........................................................................... 28

CHAPTER 6

AUTHORIZATION; PUBLIC POLICY; AND OWNERSHIP ............... 29

Section 6.01

Authorization ................................................................................................. 29

Section 6.02

Public Policy ................................................................................................... 29

Section 6.03

Band Owned ................................................................................................... 29

CHAPTER 7

CANNABIS TRACKING ............................................................................. 30

Section 7.01

Cannabis Tracking System ........................................................................... 30

Section 7.02

State Cannabis Tracking System ................................................................ 30

CHAPTER 8

LICENSING ................................................................................................... 30

Section 8.01

Licensing ......................................................................................................... 30

Section 8.02

Types of Licenses ........................................................................................... 31

Section 8.03

Term of Licenses ............................................................................................ 31

Section 8.04

Conditions and Limits ................................................................................... 31

Section 8.05

License Fees .................................................................................................... 32

Section 8.06

No Property Interest ...................................................................................... 32

Section 8.07

Duties and Rights ........................................................................................... 32

Section 8.08

Withdrawal of Application ........................................................................... 34

CHAPTER 9

CANNABIS FACILITY LICENSE ............................................................. 34

Section 9.01

Prohibition...................................................................................................... 34

Section 9.02

Application ..................................................................................................... 34

Section 9.03

Standards........................................................................................................ 35

Section 9.04

Application Procedures ................................................................................. 35

Section 9.05

Posting of License .......................................................................................... 37

TABLE OF CONTENTS

Section 9.06

License Renewal ............................................................................................. 37

CHAPTER 10

CANNABIS SUPPLIER LICENSE ............................................................. 37

Section 10.01 Prohibition...................................................................................................... 37

Section 10.02 Application ..................................................................................................... 38

Section 10.03 Background Investigation ............................................................................. 40

Section 10.04 Licensing Standards ...................................................................................... 40

Section 10.05 License Determination .................................................................................. 42

Section 10.06 Copy of License .............................................................................................. 43

Section 10.07 License Renewal ............................................................................................. 43

Section 10.08 Reciprocity ..................................................................................................... 44

CHAPTER 11 CANNABIS EMPLOYEES, AUTHORIZED VISITORS, AND

CONSUMPTION ........................................................................................................................ 45

Section 11.01 Requirements for Cannabis Employees ...................................................... 45

Section 11.02 Requirements for Authorized Visitors ........................................................ 47

Section 11.03 Food and Beverage Consumption ................................................................ 47

Section 11.04 Designated Consumption Areas .................................................................. 47

CHAPTER 12

LICENSE SUSPENSION AND REVOCATION ....................................... 48

Section 12.01 Cannabis Facility License ............................................................................. 48

Section 12.02 Cannabis Supplier License ........................................................................... 48

Section 12.03 Suspension of Transactions with State Licensees ...................................... 49

Section 12.04 Investigation .................................................................................................. 50

Section 12.05 Notice of Intent.............................................................................................. 51

Section 12.06 Time to Request Hearing ............................................................................. 52

Section 12.07 Conversion to Revocation Hearing ............................................................. 52

Section 12.08 Decision Following Hearing ......................................................................... 53

CHAPTER 13

HEARING PROCEDURES.......................................................................... 53

Section 13.01 Scope ............................................................................................................... 53

Section 13.02 Hearings .......................................................................................................... 53

Section 13.03 Subpoenas ....................................................................................................... 54

Section 13.04 Hearing Requirements .................................................................................. 55

Section 13.05 Commission Decisions ................................................................................... 55

CHAPTER 14

APPEALS ....................................................................................................... 56

Section 14.01 Limited Waiver .............................................................................................. 56

Section 14.02 Appeal ............................................................................................................. 56

CHAPTER 15

VIOLATIONS AND PENALTIES .............................................................. 56

iii

TABLE OF CONTENTS

Section 15.01 Violations ........................................................................................................ 56

Section 15.02 Penalties .......................................................................................................... 57

CHAPTER 1

General

Section 1.01 Short Title.

This Act shall be known and may be cited as the “Pokagon Band Cannabis Regulatory Act”.

Section 1.02 Authority.

The Tribal Council enacts this Act pursuant to the legislative powers of the Tribal Council as

enumerated in Article IX, subsections 2(a) and (k) of the Constitution and the duties of the Tribal

Council stated in Article IX, subsections 1(a), (c), and (d) of the Constitution.

Section 1.03 Findings.

(a) The Band is a sovereign, federally recognized Indian tribe, as reaffirmed by the Pokagon

Restoration Act and is organized under the Constitution.

(b) In accordance with the Pokagon Restoration Act, and pursuant to Article IX of the

Constitution, the Tribal Council is the governing body of the Band.

sovereign powers of the Band not inconsistent with the Constitution, including to make laws

subject to the limitations of the Constitution.

(d) In 2008, State voters enacted the Michigan Medical Marihuana Act, which legalized

Cannabis for medical uses.

(e) In 2016, the State Legislature enacted the Michigan Medical Marihuana Facilities

Licensing Act, which set forth a regulated, state-licensed system allowing for the production,

processing, and retail sale of medical Cannabis and related products within the State.

(f) In 2018, the citizens of the State enacted MRTMA, which legalized the possession, use

and cultivation of Cannabis by adults twenty-one (21) years of age or older in the State,

controlled the commercial production and distribution of Cannabis by Marihuana

Establishments, enacted a tax on Cannabis sales, and set forth a process for a regulatory agency

to establish rules to administer all aspects of such Act.

(g) In connection with Michigan’s legalization of Cannabis in the State, the authorization of

the Cannabis Related Business Activities within the Reservation is a matter over which the Band

has jurisdiction.

(h) In 2020, the Tribal Council approved certain amendments to the Code of Offenses to

decriminalize certain Cannabis related activities within the Reservation, including through

subsection 13.D.4. of the Code of Offenses, which states:

It shall not be unlawful, an Offense, or a Civil Offense, for any Person to possess,

use, sell, manufacture, distribute, or intend to distribute, marihuana within the

-1Current through December 4, 2025; Res. 25-12-04-01

territorial jurisdictional area of the . . . Band . . . that is within the exterior

boundaries of the State of Michigan, but only: (a) if the Person has been expressly

authorized to engage in such activity by Tribal Council resolution; and (b) to the

extent authorized and set forth in the Tribal Council resolution.

(i) Consistent with subsection 13.D.4. of the Code of Offenses, through this Act, as

approved by Tribal Council resolution, the Tribal Council seeks to expressly authorize the

Cannabis Related Business Activities within the Reservation and the use and consumption of

Cannabis and Cannabis Products within Designated Consumption Areas, subject to the

provisions of this Act.

(j) In 2023, the State amended the MRTMA, including to authorize State Licensees to

engage in certain commercial transactions with a Cannabis Facility, subject to certain

requirements, including:

(1) the Band and State Regulatory Agency must have entered into an agreement that is in

effect regarding Cannabis-related regulatory issues that involve the interests of the State and

the Band; and

(2) the Band and State Department of Treasury must have entered into an agreement that

is in effect, which must include certain provisions relating to the retention, use, or sharing of

the cannabis excise tax that the Band imposes under Chapter XII of the Band’s Tax Revenue

and Administration Code (Michigan).

(k) The Band, State Regulatory Agency, and State Department of Treasury have entered into

the Compact which is in effect and meets the requirements of MRTMA, thereby authorizing

State Licensees to engage in certain commercial transactions with a Cannabis Facility.

(l) The Tribal Council enacted amendments to this Act, and anticipates that the Commission

will promulgate amendments to the Regulations, to implement the requirements of the Compact.

(m) The robust regulation of Cannabis Related Business Activities within the Reservation

will protect the health, safety and welfare of the Band and others, promote self-government and

economic self-sufficiency, provide jobs for Band Citizens, and provide revenues to enable the

Band to fulfill its governmental responsibilities, including to Band Citizens.

Section 1.04 Purpose.

(a) The Tribal Council enacts this Act and establishes the Commission to authorize and

regulate Cannabis Related Business Activities within the Reservation by Cannabis Facilities and

Cannabis Suppliers.

(b) In doing so, the Tribal Council intends that:

(1) this Act, and any Regulations, shall protect the public health, safety, and welfare in a

manner substantively similar to State Law regarding Cannabis Related Business Activities;

and

-2Current through December 4, 2025; Res. 25-12-04-01

(2) the regulatory and enforcement systems established by this Act, and any Regulations,

shall align with the Guidance Priorities and the Compact to ensure that no Cannabis Related

Business Activities are permitted within the Reservation that could substantially depart from

the Guidance Priorities or the Compact.

with the requirements of the Compact.

Section 1.05 Construction.

(a) This Act, to the extent reasonable, shall be read and interpreted in a manner consistent

with the Constitution, but in the event of any inconsistency, the Constitution shall control.

(b) To the extent this Act conflicts with any other Band law, including the Code of Offenses,

this Act shall govern.

(d) Any Regulations, to the extent reasonable, shall be read and interpreted in a manner

consistent with this Act, but in the event of any inconsistency, this Act shall control.

(e) This Act, to the extent reasonable, shall be read and interpreted in a manner consistent

with the Compact, but in the event of any inconsistency, the Compact shall control.

(f) This Act shall be liberally construed to support the findings of the Tribal Council and

accomplish the purposes of this Act.

(g) All references in this Act to any subsection, Section or Chapter shall refer to a subsection,

Section or Chapter of this Act, except as otherwise stated in this Act.

Section 1.06 Severability.

If a court of competent jurisdiction holds that any provision or application of this Act is invalid,

such judgment shall not affect, impair, or invalidate the remainder of this Act, which shall

continue in full force and effect.

Section 1.07 Definitions.

As used in this Act, the below terms, and any derivative of any such terms, shall have the

following meanings unless the context clearly requires otherwise:

(a) “Act” means this Pokagon Band Cannabis Regulatory Act.

(b) “Applicant” means any Person who has applied for, or requested renewal of, any License.

renewal of any License.

-3Current through December 4, 2025; Res. 25-12-04-01

(d) “Authorized Visitor” means a person who is twenty-one (21) years of age or older,

including individuals providing trade or professional services who are not normally engaged in

the operation of a Cannabis Facility or involved in Cannabis Related Business Activities, that:

(1) is not an individual that is required to have Cannabis Employee credentials under this

Act; and

(2) while present in any Cannabis Facility, is reasonably monitored, logged in as a visitor

and escorted through any secure areas of a Cannabis Facility by a Cannabis Employee.

(e) “Band” means the Pokagon Band of Potawatomi Indians, a sovereign, federally

recognized Indian Band.

(f) “Band Citizen” means a duly enrolled member of the Band.

(g) “Band Owned” means that the entire ownership interest is held by the Band, any wholly

owned instrumentality of the Band established under Band law, or any entity that is wholly

owned by or through the Band or any instrumentality of the Band established under Band law.

(h) “Cannabis” means any of the following:

(1) a plant or part of the Cannabis plant, whether growing or not;

(2) the seeds of the Cannabis plant;

(3) the resin extracted from any part of the Cannabis plant;

(4) a compound, manufacture, salt, derivative, mixture, extract, acid, isomer, salt of an

isomer, or preparation of any of the above described in this subsection 1.07(h)(1)-(3);

(5) a topical formulation, tincture, beverage, edible substance, or similar product

containing Cannabis and other ingredients and that is intended for human consumption;

(6) a product with a THC concentration of more than 0.3% on a dry-weight or per volume

basis in the form in which it is intended for sale to a consumer;

Except for the resin extracted from any of the following, Cannabis shall not include any of

the following:

(i) the mature stalks of the Cannabis plant;

(ii) fiber produced from the mature stalks of the Cannabis plant;

(iii) oil or cake made from the seeds of the Cannabis plant;

(iv) a compound, manufacture, salt, derivative, mixture or preparation of the mature

stalks of the Cannabis plant;

(v) industrial hemp grown;

-4Current through December 4, 2025; Res. 25-12-04-01

(vi) an ingredient combined with Cannabis to prepare topical or oral administrations,

food, drink, or other products; or

(vii) a drug for which an application filed in accordance with 21 USC 355 is approved

by the Food and Drug Administration.

(i) “Cannabis Accessory” means any equipment, product, material, or combination of

equipment, products, or materials, that is specifically designed for use in Cannabis Related

Business Activities, or for ingesting, inhaling, or otherwise introducing Cannabis into the human

body.

(j) “Cannabis Employee” means, except as otherwise provided in this Act, a person who is

twenty-one (21) years of age or older performing work or service for compensation at a Cannabis

Facility and includes salaried employees, hourly employees, contract employees, trainees,

independent contractors, or any other person given any type of employee credentials or

authorized access to the secured area of a Cannabis Facility. The term “Cannabis Employee”

does not include any Authorized Visitor. The inclusion of any person in the definition of

“Cannabis Employee” who otherwise would not be classified as an employee under applicable

law relating to employee classification shall not render such person an employee for any other

purpose or grant such person any right, benefit, or opportunity possessed by any employee.

(k) “Cannabis Employee Identification Card” means the identification card issued to each

Cannabis Employee by the Commission with the unique number the Commission assigns to each

Cannabis Employee.

(l) “Cannabis Employee Identification Number” means the unique number the Commission

assigns to each Cannabis Employee.

(m) “Cannabis Facility” means any physical facility located on the Reservation at which

Cannabis Related Business Activities occur but excluding any physical facility at which no

Cannabis or Cannabis Product is located.

(n) “Cannabis Facility License” means the License required to operate a Cannabis Facility

within the Reservation, a described in Chapter 9.

(o) “Cannabis Facility Licensee” means a Licensee who has been issued a valid and current

Cannabis Facility License under this Act and the Regulations.

(p) “Cannabis Goods or Services” means any Cannabis, Cannabis Product, Cannabis

Accessories, or Cannabis Related Business Activities.

(q) “Cannabis Product” means a topical formulation, tincture, beverage, edible substance, or

similar product containing Cannabis and other ingredients and that is intended for human

consumption, and the dried leaves, flowers, plant resin, or extract of the Cannabis plant, but not

the stalks, and roots of the plant.

(r) “Cannabis Related Business Activities” means the planting, cultivating, growing,

harvesting, manufacturing, compounding, converting, producing, processing, preparing,

-5Current through December 4, 2025; Res. 25-12-04-01

packaging, storing, transporting, exchanging, distributing, or selling of any Cannabis, including

any Cannabis Product, or any Cannabis Accessories.

(s) “Cannabis Supplier” means any Person that engages in any Cannabis Related Business

Activities within the Reservation with any business relationship with a Cannabis Facility

Licensee relating to a Cannabis Facility, including supplying, transporting, or testing any

Cannabis, Cannabis Product, or Cannabis Accessory. “Cannabis Supplier” does not include the

Band or any Band Owned entity, or any Cannabis Facility.

(t) “Cannabis Supplier License” means the License required to operate as a Cannabis

Supplier within the Reservation, as described in Chapter 10.

(u) “Cannabis Transporter Vehicle” means any vehicle used by a Licensee to transport

Cannabis or Cannabis Products.

(v) “Commission” means the Cannabis Regulatory Commission established under Chapter 2

of this Act.

(w) “Code of Offenses” means the Band Code of Offenses.

(x) “Compact” means the compact between the Band and the State Regulatory Agency and

State Department of Treasury concerning Cannabis.

(y) “Constitution” means the Band Constitution.

(z) “Control Person” means any person who has the power to direct or cause direction of the

management and policies of the business operations of a Cannabis Supplier as verified by the

Cannabis Supplier’s ownership and organization structure described in the documents

establishing the existence of the Cannabis Supplier and the designation of persons authorized to

act on behalf of the Cannabis Supplier.

(1) A person shall be presumed to have control when such person owns shares of any

corporation that is not a publicly traded corporation and such person owns, controls, or holds

the power to vote ten percent (10%) or more of the voting securities of the corporation.

(2) Control Persons include members of the board of directors, chief executive officer,

chief operating officer, and any person with the responsibility and authority to manage the

contract on behalf of the Cannabis Supplier with respect to the Cannabis Goods or Services

being provided to a Cannabis Facility.

“Control Person” shall not include, solely for any Cannabis Supplier in which a federally

recognized Indian tribe holds at least a fifty-one percent (51%) ownership interest, any

elected or appointed representative of such tribal owner who is serving in the Cannabis

Supplier’s ownership and organization structure unless the representative is also a full-time

employee of the Cannabis Supplier.

(aa) “Designated Consumption Area” means the area within the grounds of a retail Cannabis

Facility that the Cannabis Facility Licensee has designated, and the Commission has approved,

-6Current through December 4, 2025; Res. 25-12-04-01

for the consumption of Cannabis or Cannabis Products by adults who are twenty-one (21) years

of age and older.

(bb) “Executive Director” means the Executive Director of the Commission.

(cc) “Fiscal Year” means the Band government fiscal year.

(dd) “General Counsel” means the Band Office of General Counsel.

(ee) “Guidance Priorities” means the priorities regarding federal Cannabis enforcement set

forth in the U.S. Department of Justice memorandum dated August 29, 2013 from Deputy

Attorney General James Cole titled “Guidance Regarding Marijuana Enforcement” and the U.S.

Department of Justice memorandum dated October 28, 2014 from Director Monty Wilkinson

titled “Policy Statement Regarding Marijuana Issues in Indiana Country” (notwithstanding the

rescission of those memoranda by U.S. Department of Justice memorandum dated January 4,

2018 from Attorney General Jefferson Sessions titled “Marijuana Enforcement”):

(1) preventing the distribution of Cannabis to minors;

(2) preventing revenue from the sale of Cannabis from going to criminal enterprises,

gangs, and cartels;

(3) preventing the diversion of Cannabis from states where it is legal under state law in

some form to other states;

(4) preventing state-authorized Cannabis activity from being used as a cover or pretext

for the trafficking of other illegal drugs or other illegal activity;

(5) preventing violence and the use of firearms in the cultivation and distribution of

Cannabis;

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

consequences associated with Cannabis use;

(7) preventing the growing of Cannabis on public lands and the attendant public safety

and environmental dangers posed by Cannabis production on public lands; and

(8) preventing Cannabis possession or use on federal property.

(ff) “Include”, whether or not capitalized, shall be deemed to be followed by “without

limitation”.

(gg) “License” means a limited grant of authority by the Commission under this Act to a

specific Person to engage in certain Cannabis Related Business Activities that cannot be

performed or engaged in without a License.

(hh) “Licensee” means any Person who has been issued a valid and current License under

this Act.

-7Current through December 4, 2025; Res. 25-12-04-01

(ii) “Marihuana Establishment” means as defined in MRTMA.

(jj) “MRTMA” means the Michigan Regulation and Taxation of Marihuana Act, MCL

333.27951 et seq., as amended.

(kk) “Person” means any business, proprietorship, association, partnership, syndicate,

corporation, firm, joint venture, trust or other form of business association or entity, labor

organization, state, local government, government instrumentality or entity, as well as a natural

person, while “person”, without an initial capital “P”, refers exclusively to a natural person.

(ll) “PDA” means the Pokagon Development Authority.

(mm) “Regulation” means any regulation promulgated by the Commission under this Act.

(nn) “Reservation” means, pursuant to the Pokagon Restoration Act or other applicable

federal law, all lands within the State:

(1) the title to which is held in trust by the United States for the benefit of the Band; and

(2) proclaimed by the Secretary of the Interior to be part of the Band’s reservation.

“Reservation” includes any rights-of-way running through the Reservation.

(oo) “State” means the State of Michigan.

(pp) “State Law” means all statutes and regulations of the State, including any regulations

promulgated by the State Regulatory Agency.

(qq) “State Cannabis Tracking System” means the Marijuana Enforcement Tracking

Reporting & Compliance system, also referred to as the METRC system or, as applicable,

another cannabis monitoring system for tracking, inventory, and verification in use by the State

Regulatory Agency.

(rr) “State Department of Treasury” means the Michigan Department of Treasury.

(ss) “State License” means a license issued by the State Regulatory Agency that allows a

person to operate a Marijuana Establishment pursuant to the MRTMA.

(tt) “State Licensee” means a person holding a valid State License.

(uu) “State Regulatory Agency” means the Michigan Cannabis Regulatory Agency.

(vv) “Temporary License” means a limited grant of authority by the Commission under this

Act on an interim basis pending a decision regarding whether or not to grant a License to a

specific Person to engage in certain Cannabis Related Business Activities that cannot be

performed or engaged in without a License granted by the Commission under Chapter 9 or 10.

(ww) “Tribal Council” means the governing body of the Band established under Article IX

of the Constitution.

-8Current through December 4, 2025; Res. 25-12-04-01

(xx) “Tribal Court” means the trial level court and the appellate level court of the Band.

(yy) “Tribal Police” means the Band Tribal Police.

CHAPTER 2

Commission

Section 2.01 Establishment.

The Tribal Council establishes the Commission as an independent governmental subdivision of

the Band.

Section 2.02 Governmental Attributes.

(a) As an independent governmental subdivision of the Band, the Commission shall possess

all the rights, privileges, and immunities of the Band, including the sovereign immunity of the

Band from suit absent express consent from the Tribal Council.

(b) The exercise of any power or authority under this Act shall constitute an exercise of a

government function of the Band.

when acting in their official capacity to the fullest extent permitted by law.

(d) The Commission, and not any Commissioner, shall be the real party in interest for any

action arising pursuant to this Act.

Section 2.03 Indemnification.

(a) The Tribal Council may, at its discretion, indemnify, in whole or in part, current and

former Commissioners and Commission employees from any damages, liabilities, fines,

penalties, and reasonable attorneys’ fees arising from:

(1) in the case of a Commissioner, the Commissioner acting in good faith and in manner

the Commissioner reasonably believed to be in the Commissioner’s official capacity; and

(2) in the case of a Commission employee, the Commission employee acting in good

faith and in a manner the Commission employee reasonably believed to be within the scope

of the Commission employee’s employment.

(b) Upon becoming aware of any criminal investigation or charge or any civil lawsuit to

which subsection 2.03(a) may apply, the Commissioner or Commission employee shall

immediately notify the Commission of such investigation, charge or civil lawsuit and may

submit a request a written request for indemnification to the Commission. The Commission

shall forward any request for indemnification to the General Counsel. The decision of the Tribal

Council to approve or deny a request shall be final and not subject to review.

Section 2.04 Delegation of Regulatory Authority.

-9Current through December 4, 2025; Res. 25-12-04-01

(a) The Tribal Council delegates to the Commission sole authority and responsibility to

regulate all Cannabis Related Business Activities within the Reservation, as expressly provided

by this Act.

(b) The Commission shall ensure that all Cannabis Related Business Activity conducted

within the Reservation is conducted in conformance with this Act, the Regulations, and the

Compact.

Section 2.05 Independence of Commission.

(a) In all matters subject to its regulatory authority, the Commission shall be and act

independently and autonomously from the Tribal Council.

(b) No review by the Tribal Council of any actions of the Commission shall be required or

permitted, except as may be otherwise explicitly provided in this Act.

(1) Band law, including the Code of Ethics and the Open Meetings Act; and

(2) generally applicable Band administrative policies and procedures that are not in

conflict with this Act, except to the extent that an exception for the Commission is expressly

provided.

(d) The Commission’s fiscal year shall be the fiscal year of the Band.

Section 2.06 Funding.

(a) Commission funding shall be in an amount adequate for the Commission to properly

fulfill its regulatory responsibilities under this Act.

(b) The amount of the Commission funding shall be established annually for the subsequent

Fiscal Year through a detailed annual budget to be prepared by the Commission, which shall

reflect the reasonable costs of Cannabis regulation pursuant to this Act, any Regulations, and the

Compact.

Commission at the end of the prior Fiscal Year, excluding funds that are obligated for costs or

expenses incurred during the prior Fiscal Year.

(d) The Tribal Council shall not reduce the Commission’s annual budget during any Fiscal

Year but may approve requests by the Commission to supplement the budget when necessary.

(e) The Commission shall present its annual budget for review and approval in accordance

with the Band’s budget process.

- 10 Current through December 4, 2025; Res. 25-12-04-01

(f) The Commission shall have the authority to expend funds within the approved budget

without further authorization from the Tribal Council, subject to generally applicable Band

accounting and procurement policies.

(g) The funding for all costs and expenses of the Commission shall be exclusively from the

Commission’s approved budget.

Section 2.07 Composition.

The Commission shall be governed by three (3) Commissioners appointed by the Tribal Council,

at least one (1) of whom shall be a Band Citizen. When making the initial appointments to the

Commission, the Tribal Council shall select a Chairperson, a Vice-Chairperson, and a Secretary.

Section 2.08 Qualifications.

(a) No person shall be a Commissioner if that person is:

(1) Under the age of twenty-one (21);

(2) A member or officer of the Tribal Council;

(3) A judge or employee of the Tribal Court;

(4) A convicted felon;

(5) An employee or an independent contractor of a Cannabis Facility Licensee or

Cannabis Supplier, or otherwise has any direct or indirect financial interest in any Cannabis

Facility Licensee or Cannabis Supplier;

(6) Employed or otherwise serves in a position with responsibilities that create a conflict

of interest or the appearance of a conflict of interest with the duties and responsibilities of the

Commission, as determined by the Tribal Council; or

(7) Unable to establish and maintain eligibility to serve as a Commissioner under the

requirements set forth in this Chapter.

(b) In addition to the above qualifications, the experience and training of a Commissioner

must be of sufficient scope, depth, and relevancy to enable the person to fulfill all duties as

shown through at least five (5) years’ relevant experience at a professional or management level

in one or more of the following areas: regulatory compliance or regulatory affairs, law

enforcement, criminal or civil investigation, criminal justice, public safety, law or legal services,

judicial services or alternative dispute resolution services, business management or business

finance, public administration or public accounting, medicine or public health, pharmacology,

laboratory testing, commercial horticulture, or agriculture. A bachelor’s degree from an

accredited institution in a relevant area of study is required.

comprehensive background investigation to be conducted by the Tribal Police on such person

- 11 Current through December 4, 2025; Res. 25-12-04-01

and shall only appoint a person to the Commission after it determines that all qualifications set

forth in this Section have been met.

(1) All persons, before being appointed to serve on the Commission, shall consent to, and

fully cooperate with, a comprehensive background investigation.

(2) Persons selected for appointment to the Commission shall complete an application on

a form prescribed by the Tribal Police.

(3) The investigator shall create an investigative report for the Tribal Council, which

shall include factual findings regarding each qualification standard for which there is clear

and convincing evidence to support a finding and regarding qualification standards for which

such finding cannot be made, and a statement of all relevant facts and information regarding

such qualification standard. The Tribal Police shall keep the identity of each person

interviewed in the investigation confidential, except to the extent disclosure is permitted

under applicable Band law.

(4) The Tribal Police shall create a separate file for each person that was subjected to a

background investigation, which shall include all forms, documents, reports, and other

information related to the investigation that is in the possession of the Tribal Police. The

Tribal Police shall retain such files for no less than three (3) years from the date each such

person ceased to hold the position of Commissioner.

(5) Upon completion of the background investigation, the Tribal Council shall review the

report and findings of the investigation in a closed session. The Tribal Council shall make a

preliminary determination in open session as to whether the person meets the qualifications

for appointment to the Commission, but the background investigation report and all

information contained therein shall remain confidential and shall not be included in the

public record of the Tribal Council session unless the person requests that a hearing to

contest the preliminary determination be conducted before the Tribal Council in open session

pursuant to this Section.

(6) The Tribal Council shall provide written notice to any person that has been

preliminarily determined to not meet the qualifications for appointment to the Commission.

The notice shall fully describe the basis upon which the preliminary determination was made

and shall inform such person of the right to request a hearing before the Tribal Council to

contest with new evidence and testimony the Tribal Council’s preliminary determination.

The hearing under this subsection shall be conducted by and before the Tribal Council in

closed session unless the candidate for appointment elects in writing to have the hearing open

to the public.

(7) Following review of the investigative report and findings, and any hearing that may

be conducted pursuant to this Section, the Tribal Council shall make a final determination as

to whether the person meets the qualifications for appointment to the Commission. Based on

such decision, the Tribal Council shall either appoint such person to the Commission or

decline to make the appointment. The final determination of the Tribal Council shall be final

and not subject to review, including by the Tribal Court.

- 12 Current through December 4, 2025; Res. 25-12-04-01

Section 2.09 Initial Terms of Office.

(a) Commissioners shall serve staggered three (3) year terms. To achieve such staggered

terms, the initial Commissioner designated by the Tribal Council to serve as:

(1) Chairperson shall serve an initial term of approximately three (3) years;

(2) Vice-Chairperson shall serve an initial term of approximately two (2) years; and

(3) Secretary shall serve an initial term of approximately one (1) year.

(b) All subsequent appointments shall be for three (3) year terms, and each such appointment

shall commence on the same calendar date in the year of the appointment, notwithstanding any

hold-over pursuant to Section 2.10. Commissioners may serve successive terms of office

without limitation.

Section 2.10 Hold-Over.

A Commissioner may, at the discretion of the Tribal Council, continue to serve as

Commissioner, with full authority, after the completion of the Commissioner’s term until such

time as a replacement is appointed and sworn into office.

Section 2.11 Resignation.

A Commissioner may resign from the Commission by submitting, in writing, a signed and dated

letter of resignation to the Secretary or Chairperson and the Tribal Council Secretary or Tribal

Council Chairperson. The resignation shall be effective as of the date tendered unless the

Commissioner and the Tribal Council agree to a different effective date. The Chairperson shall

forward a copy of the resignation letter to the Tribal Council Secretary.

Section 2.12 Removal.

(a) The Commission may, by majority vote, request that the Tribal Council initiate the

procedure to remove a Commissioner, and the Tribal Council may, on its own initiative, initiate

such procedure for any Commissioner by an affirmative vote of at least eight (8) members of the

Tribal Council for any of the following reasons:

(1) Nonfeasance, including the persistent failure to perform the duties of the office,

including failure to attend a significant number of meetings;

(2) Misfeasance, including any substantial or repeated failure to exercise authority or

discharge responsibilities in conformity with this Act, any Regulation, or the Compact;

(3) Malfeasance, including:

(i) a conviction or a plea of guilty or no contest regarding any felony criminal offense

or any other criminal offense involving dishonesty or moral turpitude;

(ii) a major violation of the Code of Ethics;

- 13 Current through December 4, 2025; Res. 25-12-04-01

(iii) a knowing violation of this Act, any Regulation, any other applicable Band law

that assigns duties or responsibilities specifically to the Commission, or the Compact;

(iv) misconduct in office or personal misconduct that is inconsistent with service on

the Commission or threatens the integrity or public image of the Commission;

(v) Any failure to maintain the necessary qualifications for office prescribed in this

Act; or

(vi) Any physical or mental disability that prevents the performance of duties.

(b) If the Tribal Council has reason to believe that cause for removal of a Commissioner

exists, the Tribal Council shall direct that an investigation be conducted by independent legal

counsel approved by the Tribal Council.

for removal, the Tribal Council shall schedule a hearing for the removal of such Commissioner

and notify the Commissioner of the time and place for a hearing before the Tribal Council, which

notice shall describe the purpose for the hearing and shall fully identify all claims and allegations

to be addressed at the hearing.

(d) Any investigation and hearing under this Section shall be conducted by and before the

Tribal Council.

(e) The Tribal Council shall provide the Commissioner with copies of, or access to, all

documents, data, and physical evidence regarding the claims and allegations to be addressed at

the hearing, subject to such limitations and requirements as deemed necessary by the Tribal

Council to protect the confidentiality of the same, which material shall be provided to the

Commissioner in adequate time prior to the hearing to allow the Commissioner to fully prepare a

defense.

(f) The decision of the Tribal Council at the conclusion of the hearing shall be final and not

subject to review, including by the Tribal Court.

Section 2.13 Vacancies.

(a) Vacancies on the Commission shall be filled by Tribal Council appointment for the

balance of the unexpired term.

(b) The Tribal Council shall provide notice of the vacancy to Citizens and an opportunity to

respond prior to filling the vacancy.

prospective candidate to the Commission in accordance with the qualifications and procedures

described in this Chapter.

(d) The Tribal Council shall endeavor to fill any vacancy on the Commission within sixty

(60) days of the vacancy, or as soon thereafter as possible, in a manner consistent with Band law.

- 14 Current through December 4, 2025; Res. 25-12-04-01

Section 2.14 Ethics Requirements.

Commissioners shall comply with all requirements of the Code of Ethics and shall be subject to

the authority of the Ethics Board established by the Code of Ethics.

Section 2.15 Compensation.

(a) Commissioners shall be compensated at rates that fall within a grid to be established by

the Tribal Council.

(b) The Tribal Council may, in its discretion, require the Salary Commission to evaluate the

Commission positions and recommend a compensation grid to the Tribal Council.

annual basis upon written request by the Commission and shall adjust such rates as the Tribal

Council determines to be appropriate to address increases in the cost of living, wage deflation, or

other economic or labor issues relevant to service on the Commission.

(d) The Tribal Council shall not reduce the rate of compensation for any Commissioner

during a Commissioner’s term of office.

(e) Commissioners shall be entitled to reimbursement for actual expenses incurred on

Commission business, including necessary travel expenses, subject to any written guidelines and

requirements the Tribal Council may establish.

Section 2.16 Powers and Duties.

(a) General. The Commission shall ensure that all Cannabis Facilities and Cannabis

Suppliers within the Reservation are operated in compliance with this Act, any Regulations, and

the Compact. In exercising its regulatory authority, the Commission shall avoid unnecessary

interference with the right of any Cannabis Facility Licensee to exercise its judgment in the

management of its operations.

(b) Licensing. The Commission shall have the duty and power to conduct investigations and

determine the eligibility of Applicants for any License, to suspend, condition, limit, or revoke

any License, and to reprimand, warn, or fine a Licensee when the same will further the purposes

and requirements of this Act.

promulgate Regulations regarding all Cannabis Related Business Activities in accordance with

Chapter 3.

(d) Other Powers. In addition to and in conjunction with the enumerated regulatory powers

set forth above in this Act, the Commission shall also have the power to:

(1) suspend, condition, limit, or revoke a License in accordance with Chapter 12;

- 15 Current through December 4, 2025; Res. 25-12-04-01

(2) initiate administrative proceedings before the Commission or civil actions in courts of

competent jurisdiction, at the Commission’s discretion, to enforce any provision of this Act,

any Regulation, and the Compact;

(3) compromise, negotiate, or settle any dispute to which the Commission is a party

relating to the Commission’s duties or authorized activities;

(4) enter through its investigators and agents, at any time, a Cannabis Facility or other

place of Cannabis Related Business Activity in order to gain access to, inspect, examine,

copy, and audit all records, equipment, supplies or other items concerning any Cannabis

Related Business Activities within the Reservation;

(5) investigate, review, decide, adjudicate, enforce, and undertake such other regulatory

activities regarding any matters subject to the Commission’s jurisdiction as necessary for the

Commission to carry out its express duties and responsibilities under this Act;

(6) conduct such hearings as the Commission may deem appropriate in carrying out its

duties and responsibilities under this Act in accordance with Chapter 13 and any Regulations;

(7) provide information obtained through audits or other investigations that indicates a

violation of any applicable law, including this Act and any Regulations, to the appropriate

law enforcement officials and to cooperate with such agencies in the investigation and

prosecution of charges brought as a result of such violations;

(8) engage consultants and utilize the services of public and private entities in accordance

with applicable law, including courts of competent jurisdiction, the Tribal Police and other

law enforcement agencies, and the Band Prosecutor in exercising its powers and carrying out

its responsibilities and duties;

(9) utilize the services of the General Counsel to assist the Commission with its legal

affairs, but if the General Counsel, at its discretion, is unable to directly assist, the General

Counsel shall make other legal counsel engaged by the Band available to the Commission;

(10) perform the duties and responsibilities and exercise the authority of the Executive

Director, either through the Commission, or the Commission Chairperson, or another

Commissioner designated by the Commission, if the Executive Director position is vacant;

(11) coordinate with the Tribal Council regarding matters of compliance, including the

Compact; and

(12) coordinate with the State Regulatory Agency in accordance with the Compact,

including on the use of the State Cannabis Tracking System, on inspections of Cannabis

Facilities, on notifications of public health, safety, or welfare threats, and on reports of

adverse reactions.

(e) Monitoring. The Commission shall have the power and duty to monitor all Cannabis

Facilities and Cannabis Suppliers within the Reservation for compliance with this Act, any

- 16 Current through December 4, 2025; Res. 25-12-04-01

Regulations, and the Compact, subject to any limits on the Commission’s power under this Act

or other Band law.

(f) Investigations. The Commission shall have the power to require the Executive Director

to undertake such investigations and inspections as the Commission deems appropriate, review

the results of such related investigations, and initiate enforcement actions as it deems necessary

in accordance with this Act and any Regulations.

(g) Inspections.

(1) The Commission shall have the power and duty to inspect a Cannabis Facility or other

place of Cannabis Related Business Activity to ensure compliance with this Act, the

Regulations, and the Compact, subject to any limits on the Commission’s power under this

Act or other Band law.

(2) At least once per year, the Commission shall conduct a regular inspection of each

Cannabis Facility or other place of Cannabis Related Business Activity to ensure compliance

with this Act, the Regulations, and the Compact.

(3) In addition to any regular inspections, upon written request by the State Regulatory

Agency, the Commission shall schedule and conduct an inspection of a Cannabis Facility or

other place of Cannabis Related Business Activity to ensure compliance with this Act, the

Regulations, and the Compact. Upon any such written request, the Commission shall work

with the State Regulatory Agency to schedule the inspection during which a representative of

the State Regulatory Agency may be present. If the Commission does not conduct the

inspection within thirty (30) days from the Commission’s receipt of the written request, then

upon at least forty-eight (48) hours’ notice to the Commission, the State Regulatory Agency

may conduct the inspection. The Executive Director, or in the Executive Director’s absence,

a Commissioner, shall accompany the State Regulatory Agency during the inspection.

(4) Upon written request by the State Regulatory Agency that includes information

supporting a reasonable basis for the State Regulatory Agency to believe that possible noncompliance with this Act, the Regulations, or the Compact presents a significant risk to

public health, safety or welfare, the Commission shall schedule and conduct an inspection of

a Cannabis Facility or other place of Cannabis Related Business Activity within seventy-two

(72) hours of its receipt of the written request and shall invite a representative of the State

Regulatory Agency to be present for the inspection. If the Commission does not conduct the

inspection within such time, then upon at least forty-eight (48) hours’ notice to the

Commission, the State Regulatory Agency may conduct the inspection. The Executive

Director, or in the Executive Director’s absence, a Commissioner, shall accompany the State

Regulatory Agency during the inspection.

(5) The Executive Director shall generate a written report for each inspection of a

Cannabis Facility or other place of Cannabis Related Business Activity that is conducted by

the Executive Director or the Commission. The Executive Director’s report shall, at a

minimum, include the complete findings and observations of the inspection. The Executive

Director shall maintain a copy of its written inspection report for at least sixty (60) days from

- 17 Current through December 4, 2025; Res. 25-12-04-01

the date of the inspection. Upon request by the State Regulatory Agency, the Executive

Director shall provide a copy of its written inspection report to the State Regulatory Agency

within fourteen (14) days of the date of the inspection.

(6) If the State Regulatory Agency conducts an inspection, the Executive Director shall

request a copy of the State Regulatory Agency’s written inspection report within fourteen

days (14) of the inspection. The Executive Director shall review the State Regulatory

Agency’s written inspection report and, within seven (7) days, provide a summary of the

State Regulatory Agency’s written inspection report to the Commission. Within seven (7)

days of receiving the Executive Director’s summary, the Commission shall provide written

notice to the State Regulatory Agency of any concerns arising from the State Regulatory

Agency’s inspection or report or from the operation of the Cannabis Facility or other place of

Cannabis Related Business Activity.

(h) Access. The Commission, through the Executive Director and other authorized

Commission personnel, shall have access to all areas of a Cannabis Facility during the hours of

operation or any Cannabis Transporter Vehicle within the Reservation, and to all records, files,

information, and data of any related operation, wherever located, and may interview any

employee, agent, or representative of any related operation with respect to matters relating to the

operation of any Licensee. Advance notice to the Cannabis Facility Licensee or Cannabis

Supplier, or any employee, agent, or representative of the Cannabis Facility Licensee or

Cannabis Supplier shall not be required for the Commission to exercise the authority described in

this subsection.

(i) Enforcement. When information received by the Commission through inspections, audits

or investigations indicates a violation of this Act, any Regulations, the Compact, any License, or

any other applicable law, the Commission may, as warranted under the circumstances:

(1) refer the matter to appropriate law enforcement officials or other appropriate

governmental agencies;

(2) pursue further investigation of the matter;

(3) initiate administrative enforcement proceedings or a civil action in the Tribal Court to

fine the Licensee for the violation, or to suspend, restrict, or revoke any License, or issue a

letter of reprimand or a warning in accordance with the procedures in this Act or any

Regulations; or

(4) consult with representatives of the Licensee to correct the violation, or resolve the

matter, without formal proceedings, including by issuing a notice of violation, which

describes the violation and states all corrective action that the Licensee must take to avoid

further enforcement action by the Commission.

(j) Due Process. Any enforcement action taken by the Commission shall:

(1) be fair and reasonable under the circumstances;

(2) be proportionate to the violation;

- 18 Current through December 4, 2025; Res. 25-12-04-01

(3) be designed to promote the goals of correction and improvement, unless the nature or

severity of the violation is such that the goals of correction and improvement would be

unrealistic;

(4) not exceed its duties or powers under this Act or any Regulations; and

(5) be conducted in accordance with the Hearing Procedures described in Chapter 13 and

is subject to appeal pursuant to Chapter 14.

(j) Confidentiality. The Commission shall ensure that all confidential and sensitive records

and information in its possession or control are maintained and protected from unauthorized

release.

Section 2.17 Meetings.

(a) Regular Meetings. The Commission shall conduct a Regular meeting once a month at the

Commission’s main office or at any other designated meeting place or manner, including

electronically. The Commission shall provide by resolution the time and place for Regular

meetings. A meeting agenda shall be distributed to all Commission members at least seventytwo (72) hours in advance of the Regular meeting, which shall be subject to change by a majority

vote of the Commission at such meeting.

(b) Special Meetings. The Chairperson shall call special meetings when necessary to carry

out the official duties and responsibilities of the Commission. Notice of each Special meeting

may be given to each Commissioner by hand delivery, telephone, mail, via electronic delivery to

the Commissioner’s Band e-mail account, as applicable, or such other method as the

Commission may establish. Notice of the Special meeting and a proposed agenda shall be

delivered to Commissioners at least seventy-two (72)in advance of such meeting and shall

include the date, time, and place of the meeting. The agenda for the Special meeting shall be

limited to the business proposed in the meeting notice, but additional business may be added to

the agenda for a Special Meeting on the day of the meeting upon an affirmative vote of at least

two-thirds (2/3) of the Commissioners in attendance at the meeting. However, adding an item to

such agenda on the day of a Special Meeting undermines the purpose and intent of public notice

and is disfavored.

twenty-four (24) hours’ notice, but only if the business proposed to be taken up at the Emergency

Meeting cannot reasonably wait for a Special or Regular meeting. The Chairperson shall make

every reasonable effort to provide all Commissioners with as much prior notice of the meeting as

possible under the circumstances. The agenda for the Emergency meeting shall be limited to the

emergency business proposed in the meeting notice, but additional emergency business may be

added to the agenda for an Emergency Meeting on the day of the meeting upon an affirmative

vote of at least two-thirds (2/3) of the Commissioners in attendance at the meeting. However,

adding an item to such agenda on the day of an Emergency Meeting undermines the purpose and

intent of public notice and is disfavored.

- 19 Current through December 4, 2025; Res. 25-12-04-01

(d) Waiver of Notice. The requirements for notice to the Commissioners regarding any

Special or Regular meeting may be waived if all Commissioners are present at such meeting and

consent to the calling of the meeting.

(e) Meeting Procedures. All meetings of the Commission shall be open to Band Citizens, but

the Commission may close any portion of any meeting to Band Citizens as permitted under the

Band’s Open Meetings Act. The Commission shall prescribe rules of procedure regarding the

conduct of its meetings, but such rules may not conflict with this Act, the Open Meetings Act, or

other applicable Band law. Any question regarding meeting procedure that is not addressed by

this Act, the Open Meeting Act, other applicable Band law, or by rules of procedure established

by the Commission, may be resolved by consulting Roberts Rules of Order.

Section 2.18 Quorum.

A quorum of the Commission shall consist of two (2) Commissioners. All decisions shall be

made by a majority vote of a quorum of the Commission, unless indicated otherwise in this Act,

or other Band law.

Section 2.19 Officers.

(a) As stated in Section 2.07, the Tribal Council shall select a Chairperson, a ViceChairperson, and a Secretary when making the initial appointments to the Commission under this

Act. Thereafter, the Commission shall select from among its members, a Chairperson, a ViceChairperson, and a Secretary.

(b) The term of office for officer positions shall be one (1) year, and Commissioners may

serve more than one term in that capacity.

absence.

Section 2.20 Offices.

(a) The Commission shall maintain a permanent administrative office, if funding for such

office is included in the Commission’s budget, which shall serve as the Commission’s main

business office and shall be the site at which the Commission’s physical records and documents

are maintained and stored on a permanent basis.

(b) No person except a Commissioner or other authorized employee or agent of the

Commission may possess a key to or may enter any Commission office without the permission

of the Commission, provided that this limitation shall not prohibit the Tribal Police from

exercising authority granted under applicable law.

persons expressly authorized in writing by the Commission, including an attorney for the

Commission, provided that this limitation shall not prohibit the Tribal Police from exercising

authority granted under applicable law.

- 20 Current through December 4, 2025; Res. 25-12-04-01

Section 2.21 Record-Keeping.

The Commission shall maintain complete records, which may be in electronic form, regarding

the following:

(a) Applications, financial statements, fingerprints, contracts, suspension and cancellation

notices, and correspondences of or with all Applicants;

(b) Licenses;

(d) transcripts or minutes from all hearings conducted by the Commission;

(e) Compact compliance;

(f) reports relating to disputes, complaints, or other issues that affect the integrity of a

Cannabis Facility Licensee or Cannabis Supplier;

(g) Commission budget and expenditures;

(h) communications and correspondence with the Tribal Council, Band agencies, and

officials, and state and federal agencies and officials; and

(i) any other records or documents which are reasonably necessary for the Commission to

fulfill its duties and responsibilities under this Act or that the Commission deems necessary or

appropriate.

Section 2.22 Reports.

(a) The Commission shall make quarterly reports to the Tribal Council within thirty (30)

days after the end of each quarter, which shall contain the following information:

(1) number and types of Licenses and Cannabis Employee Identification Cards issued

during the previous quarter;

(2) number and types of Licenses denied, suspended, restricted, or revoked during the

previous quarter and commentary helpful to explain such actions where appropriate;

(3) report of any events of non-compliance or violations of this Act, any Regulations, or

the Compact, but such reports shall not include confidential information concerning any

pending regulatory or criminal investigation;

(4) a report of Commission expenditures for the prior quarter;

(5) a summary of any Commission travel and training; and

(6) all other information that the Commission deems relevant in order to keep the Tribal

Council adequately informed on all current Cannabis regulatory matters.

- 21 Current through December 4, 2025; Res. 25-12-04-01

(b) Nothing in this Section shall be construed to authorize the Commission or Commission

staff to provide the Tribal Council with any confidential information pertaining to a pending

regulatory or criminal investigation.

CHAPTER 3

Regulations

Section 3.01 Intent.

Under Section 1.04, in enacting this Act, the Tribal Council intends that:

(a) this Act, and any Regulations, shall protect the public health, safety, and welfare in a

manner substantively similar to State Law regarding Cannabis Related Business Activities; and

(b) the regulatory and enforcement systems established by this Act and any Regulations,

shall align with the Guidance Priorities to ensure that no Cannabis Related Business Activities

are permitted within the Reservation that could substantially depart from the Guidance Priorities.

Section 3.02 Duty and Authority.

The Commission shall have the duty and power to develop, propose, and promulgate Regulations

relating to Cannabis Related Business Activities as required by applicable law, including this

Act, or deemed prudent by the Commission, but such Regulations shall be consistent with the

intent of Tribal Council stated in Section 3.01.

Section 3.03 Regulations.

(a) The Commission shall give public notice of its intent to adopt any Regulation by:

(1) publishing a copy of the notice on the Band’s website and, at the Commission’s

discretion, also posting it at one or more locations on Band land where public notices are

usually posted; and

(2) delivering a copy of the notice by U.S. mail or other appropriate means, which may

include electronic delivery, to the Tribal Council Secretary, the General Counsel, and every

Licensee.

(b) The notice shall include a copy of the proposed Regulation (and if the notice is delivered

electronically, may include an electronic copy or a link to an electronic copy of the Proposed

Regulation), which shall identify each specific amendment to any existing Regulation, a

description of the nature and effect of the proposed Regulation, unless the nature and effect are

clear without such description, and a statement that comments on the proposed Regulation may

be submitted no later than thirty (30) days from the date of the notice.

- 22 Current through December 4, 2025; Res. 25-12-04-01

based on such comments, may make such changes to the proposed Regulation as the

Commission deems necessary or appropriate.

(d) The Commission shall establish a record describing its efforts to fully consider and

address all comments received during the comment period regarding the proposed Regulation

that are relevant and raise a valid issue regarding the impact, efficiency, or suitability of such

Regulation in fulfilling its intended purpose.

(e) If the Commission determines to proceed with approval of a final Regulation, such

approval shall be made by resolution that sets the effective date of the Regulation. The

Commission shall give public notice of its adoption of the final Regulation in accordance with

the same requirements for its notice of intent to adopt the Regulation, which shall include a

summary of the final Regulation and the changes it made to the proposed Regulation. To the

extent practicable, the notice of adoption of final Regulations shall include written responses to

all substantive comments, but the Commission may offer a single response to substantially

similar comments.

Section 3.04 Expedited Regulations.

(a) If the Commission concludes, after investigation, that there is a direct and immediate

threat to the health, welfare, or safety of the Band, Band Citizens or other Persons, the

Commission may expedite the promulgation of Regulations relating to Cannabis Related

Business Activities pursuant to this Section 3.04.

(b) The Commission shall provide the Tribal Council Secretary, the General Counsel, and

every Licensee with prior written notice of its intent to promulgate Regulations on an expedited

basis prior to promulgating the expedited Regulations or as soon as practicable thereafter.

Commission. The resolution adopting the expedited Regulations shall specify the time-period

that the expedited Regulations shall remain in effect, which shall not exceed ninety (90) days.

(d) The Commission shall give public notice of its adoption of the expedited Regulations by:

(1) publishing a copy of the notice on the Band’s website and, at the Commission’s

discretion, by also posting it at one or more locations on Band land where public notices are

usually posted; and

(2) delivering a copy of the notice by U.S. mail or other appropriate means to the Tribal

Council Secretary, the General Counsel, and every Licensee

(e) The Commission shall review expedited Regulations within thirty (30) days of the date of

its adoption and may only promulgate expedited Regulations as final, permanent Regulations in

accordance with the requirements of Section 3.03.

Section 3.05 Limitations.

- 23 Current through December 4, 2025; Res. 25-12-04-01

(a) Nothing in this Act or any Regulation shall grant, expand, or confirm in any way

whatsoever any State jurisdiction. Any State Law that is made applicable within the Reservation

under this Act or any Regulations shall apply solely as a matter of Band law.

(b) Nothing in this Act or any Regulations shall serve as a concession or admission of any

nature whatsoever regarding the jurisdiction of the State and any burden arising from compliance

with any State Law that is made applicable within the Reservation under this Act or any

Regulations, which shall apply solely as a matter of Band law and not of State law.

Constitution or applicable law, including to the Band, the PDA, or the Commission.

(d) To the extent that this Act authorizes the State Regulatory Agency to exercise any right

or perform any act within the Reservation, nothing in this Act or any Regulations shall grant the

State Regulatory Agency any jurisdiction or authority within the Reservation.

CHAPTER 4

Commission Organization

Section 4.01 Divisions.

(a) The Commission shall be organized into the Divisions identified in this Section, which

shall be under the management and supervision of the Executive Director.

(1) Licensing and Investigation Division. The Licensing and Investigation Division

shall perform the following Commission duties and responsibilities:

(i) receiving and processing all Applications;

(ii) conducting background investigation regarding all Applicants and all other

investigations on behalf of the Commission that are required or permitted under this Act;

and

(iii) such other responsibilities as the Commission may assign to it.

(2) Audit, Compliance, and Enforcement Division. The Compliance and Enforcement

Division shall perform the following Commission duties and responsibilities:

(i) auditing compliance with this Act, any Regulations, and the Compact, including

the requirement that a Cannabis Facility Licensee cause an annual independent financial

audit of the Cannabis Facility’s operations to be conducted as specified in the

Regulations, and adherence to standards regarding financial oversight and accounting of

revenues from any Cannabis Facility;

(ii) monitoring and evaluating compliance with this Act, any Regulations, and the

Compact, including all audit and financial oversight requirements regarding Cannabis

Facility revenues;

- 24 Current through December 4, 2025; Res. 25-12-04-01

(iii) pursing enforcement activities for the failure of any Cannabis Facility Licensee

or Cannabis Supplier to comply with this Act, any Regulations, or the Compact; and

(iv) such other responsibilities as the Commission may assign.

(b) The Commission may establish additional divisions and may further organize itself into

any functional department, section, or office that it deems necessary for the effective and

efficient operation of the Commission.

Section 4.02 Executive Director.

As stated in Chapter 5, the Commission shall be organized under an Executive Director, who

shall, subject to Commission supervision, oversee, manage, and supervise the day-to-day

operations of the Commission and its Divisions.

Section 4.03 Deputy Director.

The Commission may, at its discretion, create and fill a Deputy Director position for one or more

of the Divisions.

CHAPTER 5

Executive Director

Section 5.01 Appointment.

(a) The Tribal Council shall appoint the Executive Director. Appointments to fill any

vacancy in the position of Executive Director shall be made by nomination of the Commission

and approval by the Tribal Council. The Executive Director shall be under the exclusive

supervision and authority of the Commission.

(b) To be appointed Executive Director, a person must:

(1) possess experience and training of sufficient scope, depth, and relevancy to enable

the person to direct the work of the Commission, as shown through at least five (5) years’

relevant experience at a professional or management level in one or more of the following

areas: regulatory compliance or regulatory affairs, law enforcement, criminal or civil

investigation, criminal justice, public safety, law or legal services, judicial services or

alternative dispute resolution services, business management or business finance, public

administration or public accounting, medicine, public health, pharmacology, laboratory

testing, commercial horticulture, or agriculture. A bachelor’s degree from an accredited

institution in a relevant area of study is required.

(2) establish and maintain eligibility to serve as Executive Director under the

qualifications that apply to Commissioners;

(3) not have served as a Commissioner for two (2) years prior to the date of appointment

as Executive Director; and

- 25 Current through December 4, 2025; Res. 25-12-04-01

(4) be able to devote full time and attention to the duties of the Executive Director and

the business of the Commission.

determined by the Commission, the cost of which shall be included in the Commission’s annual

budget submitted for Tribal Council approval.

(d) Neither the Commission nor any Commissioner shall be entitled to any salary or fringe

benefits in connection with performing any duties and responsibilities or exercising any authority

of the Executive Director, including under subsection 5.02(b), in connection with a vacancy in

the Executive Director position.

Section 5.02 Removal and Vacancy.

(a) The Commission may, by majority vote, request that the Tribal Council initiate a

procedure for the removal of the Executive Director for any of the reasons stated in this Act for

removal of a Commissioner, but if the reason for seeking the Executive Director’s removal

involves the failure to remain eligible under any qualification that applies to the Commissioners,

or for any other reason that threatens the integrity or public image of the Commission, as

determined by the Commission, the Commission may suspend the Executive Director, with pay,

pending the outcome of the removal proceeding.

(b) In the event of any vacancy in the Executive Director position, the Commission shall

endeavor to promptly nominate, subject to the approval of the Tribal Council, another qualified

person to fill the vacancy. The Commission may, subject to the consent of the Tribal Council,

assign the duties of the Executive Director to a one or more Commissioners or Commission

employees on an interim basis until the Tribal Council fills the vacancy in the position of

Executive Director.

Section 5.03 Powers and Duties.

The Executive Director shall have the power and duty, subject to Commission supervision, to

carry out on behalf of the Commission the administrative and executive requirements of the

Commission under this Act. Without limitation, the Executive Director:

(a) shall provide administrative support to the Commission, including managing and

supervising all Commission staff, consultants, and contractors;

(b) shall develop the Commission’s annual budget for the Commission’s review and approval

and oversee the Commission’s compliance with the Commission budget;

in coordination with the Band’s Department of Human Resources, be responsible for human

resource and personnel matters, including the recruitment, hiring, supervision, and discipline of

Commission employees, whose positions shall be established by written position descriptions,

which shall be subject to the approval of the Commission, but employees who are suspended

without pay or terminated shall be afforded the right to appeal the decision to the Commission,

subject to such standards and procedures as the Commission may establish;

- 26 Current through December 4, 2025; Res. 25-12-04-01

(d) may negotiate and enter into contracts for the acquisition of goods and services required

by the Commission and may otherwise expend Commission funds as needed for the operation of

the Commission, subject to subsection 2.06(f) and such limitations and requirements as the

Commission may establish, but unless the Commission establishes a different limitation, the

Executive Director may not enter into contracts exceeding $50,000 in the aggregate without the

prior approval of the Commission and such contract expenditure must be within the Commission

budget;

(e) shall be responsible for the day-to-day operations of the Commission, including

maintaining oversight of the Divisions, all other divisions, departments, sections, or offices of

the Commission, and all Commission employees;

(f) shall, in overseeing Commission operations, ensure that the following activities are

performed fully, effectively, and professionally in accordance with applicable law:

(1) investigate all licensing and compliance matters within the scope of authority of the

Commission, including background investigations necessary to determine the suitability of

any Applicant for a License, and ensuring that such investigations are conducted efficiently

and professionally;

(2) assist the Commission as needed with the preparation of records and evidence and

coordinating with the Commission’s legal counsel in the presentation of the Commission’s

position in a case in all challenges to Commission decisions asserted in accordance with this

Act and any Regulations;

(3) monitor and audit all Cannabis Facilities and Cannabis Suppliers to determine

compliance with this Act, the Regulations, and the Compact and upon obtaining credible

information regarding a violation, or at random or periodic intervals, with or without prior

notification to the Cannabis Facility Licensee or Cannabis Supplier, causing a timely

investigation to be conducted with regard to such report;

(4) address and, as needed, investigate all disputes between customers and Cannabis

Facilities pursuant to the standards and procedures set forth in this Act and any Regulations;

and

(5) assist the Commission as needed in enforcing Commission orders and decisions and

in pursuing other enforcement actions.

(g) may grant Temporary Licenses and other Licenses on behalf of the Commission as

permitted by and in accordance with this Act and any Regulations;

(h) shall assist the Commission in developing and maintaining a suitable records

management and retention system and ensure that all confidential and sensitive records and

information are maintained and protected from unauthorized release; and

(i) shall perform such other duties and responsibilities as the Commission deems reasonably

necessary, including those of the Divisions.

- 27 Current through December 4, 2025; Res. 25-12-04-01

Section 5.04 Background Investigations.

(a) Except as otherwise stated below, before any person may take office as Executive

Director or commence work as a Commission employee, the Commission shall cause a

background investigation to be conducted in accordance with such background investigation

processes and licensing standards as the Commission may establish, subject to the requirements

of this Act.

(b) All background investigations conducted under this Section are intended to ensure that all

Commission employees, including the Executive Director, satisfy all applicable standards for the

position and maintain the highest level of integrity.

the investigative process and applicable standards and includes factual findings regarding each

standard to the extent that there is clear and convincing evidence to support a finding.

(d) The Tribal Police shall create a separate file for each person who was subjected to a

background investigation, which shall include all forms, documents, reports, and other

information related to the investigation that is in the possession of the Tribal Police. The Tribal

Police shall retain such files for no less than three (3) years from the date the subject of the

investigation ceases to be employed by the Commission.

(e) Following review of the investigative report and findings, the Commission shall, in

closed session, make a preliminary determination as to whether the subject of the investigation

meets the applicable standards. The Commission shall then, in open session, make a final

determination as to whether the subject of the investigation meets the applicable standards, but

the background investigation report and all information contained therein shall remain

confidential and shall not be included in the public record of the Commission session. Thereafter,

the Commission may authorize the Executive Director to hire such person, subject to the

provisions of this Act.

(f) Regarding the first appointment to the position of Executive Director, the Commission

shall report its final determination to the Tribal Council and based on the Commission’s

determination, the Tribal Council shall either appoint such person as Executive Director or

decline to make the appointment.

(g) All such persons shall consent to, and fully cooperate with the background investigation

as provided hereunder and as required by the Commission.

(h) The Commission may, in its discretion and subject to such requirements as the

Commission may deem warranted, permit a prospective Commission employee, but not the

Executive Director, to commence work prior to the completion of a background investigation.

- 28 Current through December 4, 2025; Res. 25-12-04-01

CHAPTER 6

Authorization; Public Policy; and Ownership

Section 6.01 Authorization.

Consistent with subsection 13.D.4. of the Code of Offenses, through this Act the Tribal Council

expressly authorizes:

(a) Cannabis Facilities and Cannabis Suppliers that are issued a License by the Commission

under this Act to engage in:

(1) Cannabis Related Business Activities within the Reservation, subject to the

provisions of their respective License, this Act, the Regulations, and the Compact; and

(2) any other activities expressly authorized under this Act, the Regulations, and their

respective License.

(b) persons who are twenty-one (21) years of age or older to use or consume Cannabis and

Cannabis Products within Designated Consumption Areas, subject to applicable law, including

this Act, the Regulations, and the Compact, and all requirements of the Cannabis Facility

Licensee.

Section 6.02 Public Policy.

(a) It is the public policy of the Band that:

(1) contracts related to the operation of Cannabis Facilities and Cannabis Suppliers shall

not be unenforceable solely because an entity is engaged in Cannabis Related Business

Activities, which are unlawful under federal law; and

(2) the corporate veil of an entity shall not be pierced solely because an entity is engaged

in Cannabis Related Business Activities, which are unlawful under federal law.

(b) Consistent with such public policy, no Person shall assert that:

(1) a contract related to the operation of Cannabis Facility or Cannabis Supplier is void or

otherwise unenforceable as a matter of public policy of the Band solely because the entity is

engaged in Cannabis Related Business Activities, which are unlawful under federal law; or

(2) the corporate veil of an entity may be pierced solely because the entity is engaged in

Cannabis Related Business Activities, which are unlawful under federal law.

Section 6.03 Band Owned.

(a) Every Cannabis Facility shall be Band Owned. The regulatory requirements and

responsibilities under this Act and Regulations that relate to a Cannabis Facility shall apply to

the Cannabis Facility Licensee unless the context clearly indicates otherwise.

- 29 Current through December 4, 2025; Res. 25-12-04-01

(b) Cannabis Suppliers are not required to be Band Owned to operate within the Reservation,

but all Cannabis Suppliers must have a License, as required under Chapter 8 and Chapter 10.

CHAPTER 7

Cannabis Tracking

Section 7.01 Cannabis Tracking System.

(a) Any Cannabis Facility Licensee that sells, purchases, or transfers Cannabis or Cannabis

Products to or from a person other than a State Licensee shall enter information about the sale,

purchase, or transfer into a system for tracking, inventory, and verification in accordance with this

Section 7.01 and the Regulations.

(b) At a minimum, the system described in subsection 7.01(a) must be capable of storing and

providing access to the following information:

(1) A record of the date, time, quantity, and price of each sale or transfer of Cannabis or a

Cannabis Product to a person that is at least twenty-one (21) years of age; and

(2) A record of date, time, quantity, and price of each sale, purchase, or transfer of

Cannabis or Cannabis Product from a Cannabis Supplier to the Cannabis Facility Licensee

from such receipt to retail sale.

Section 7.02 State Cannabis Tracking System.

(a) Any Cannabis Facility Licensee who sells, purchases, or transfers Cannabis or Cannabis

Products to or from a State Licensee must enter the sale, purchase, or transfer into the State

Cannabis Tracking System in accordance with the Regulations and the State Regulatory

Agency’s administrative rules applicable to State Licensees.

(b) If the Commission or the State Regulatory Agency suspends or terminates a Cannabis

Facility Licensee’s access to the State Cannabis Tracking System, then the Cannabis Facility

Licensee shall not purchase, sell, or transfer Cannabis or Cannabis Products to or from a State

Licensee until such time that the suspension or termination is lifted.

Product to or from a person other than a State Licensee is not required to enter the sale, purchase,

or transfer into the State Cannabis Tracking System.

CHAPTER 8

Licensing

Section 8.01 Licensing.

(a) All Persons who are required to obtain and maintain a valid License from the

Commission under this Act or the Regulations shall always obtain and maintain all required

Licenses.

- 30 Current through December 4, 2025; Res. 25-12-04-01

(b) The Commission shall ensure that all Persons who are required to obtain and maintain a

valid License from the Commission comply with such requirement.

Section 8.02 Types of Licenses.

(a) The Commission shall issue the following types of Licenses under this Act:

(1) Cannabis Facility License in accordance with this Chapter and Chapter 9; and

(2) Cannabis Supplier License in accordance with this Chapter and Chapter 10.

(b) The Commission may issue the following types of Licenses under this Act:

(1) Temporary License in accordance with Chapters 9 and 10; and

(2) Other Licenses for Persons who are engaged in Cannabis Related Business Activities

within the Reservation who are not expressly required to hold a License under this Act, as

may be set forth in the Regulations.

(b) The Commission may divide any License into a subset of multiple Licenses, but any such

division shall not alter any requirements applicable to such License under this Act.

Section 8.03 Term of Licenses.

(a) The terms of the Licenses issued by the Commission shall be as follows:

(1) Cannabis Facility Licenses – three (3) years;

(2) Cannabis Supplier License – one (1) year;

(3) Temporary License – as specified in the Temporary License; and

(4) Other License – as specified in the Other License.

(b) Except as otherwise stated above, the term of every License shall commence on the date

such License becomes effective and shall expire at the conclusion of the specified License term

on the anniversary of the effective date of the License, unless the Commission provides an earlier

expiration date for a specific License.

Section 8.04 Conditions and Limits.

(a) Every License issued by the Commission is conditioned upon the Licensee remaining

eligible to hold such License under the requirements of this Act and the Regulations.

(b) The Commission reserves the right to impose additional conditions or limitations on any

License, and may require the Applicant to comply with the same in connection with holding the

License, but such conditions or limitations must be:

(1) related to the type of License sought; and

- 31 Current through December 4, 2025; Res. 25-12-04-01

(2) narrowly tailored to address any specific regulatory concerns associated with the

Applicant, as revealed by the background investigation, including the particular job

responsibilities or contractual obligations to be performed by the Applicant.

Section 8.05 License Fees.

(a) The Commission shall establish a schedule of fees for each type of License issued under

this Act.

(b) The amount of such fees shall be reasonably related to the recovery of the costs of

administering the Commission’s licensing responsibilities under this Act and shall not be used as

a means of generating revenue.

(d) The Commission, in its sole discretion, may suspend Application and License fees for

each type of License, provided that the motion or resolution approving the suspension shall state

the duration of the suspension.

Section 8.06 No Property Interest.

(a) Neither the filing of an Application nor the Commission’s decision on any License shall

create a property interest or due process rights in favor of the Applicant except as otherwise

expressly stated in this Act or other Band law.

(b) The granting of a License by the Commission does not constitute a commitment on

behalf of the Commission or any other party to contract with, hire, or continue to employ or

contract with the Licensee.

Section 8.07 Duties and Rights.

(a) Standard and Burden. Every Applicant and Licensee shall have the burden of proving by

clear and convincing evidence that all standards and other requirements applicable to such

License have been or continue to be met. A License shall not be granted to an Applicant, and a

License may be suspended or revoked in accordance with Chapter 12, for any Person that fails to

meet the evidentiary standards and all applicable licensing standards and requirements.

(b) Duty to Disclose. Every Applicant and Licensee shall have the continuing responsibility

and duty to promptly furnish all information, documentation, assurances, consents, waivers,

fingerprints, photographs, or other materials required or requested by the Commission and to

cooperate with the Commission in the performance of its responsibilities and duties. Any failure

to furnish the same after receipt of a request on behalf of the Commission shall constitute

grounds for delaying consideration or denial of the Application, and may be considered grounds

to suspend, condition, limit, or revoke a License.

notify the Commission of any occurrence or event which constitutes a material change (e.g.,

arrest, filing of criminal charges, physical or mailing address change, etc.) in any information

- 32 Current through December 4, 2025; Res. 25-12-04-01

provided in the Application, including, without limitation, any information described in

subsections 12.01, 12.02, and 12.03 of this Act. Any failure to promptly report such information

or refusal to comply with a request on behalf of the Commission for information, evidence, or

testimony may be considered grounds to suspend, condition, limit, or revoke a License.

(d) Power to Revoke. The Commission may suspend, condition, limit, or revoke any License

in accordance with the procedures prescribed in this Act and any Regulations.

(e) Risks and Waiver. Every Applicant shall be deemed to have:

(1) accepted and solely assumed all risks of harm arising from any public disclosure of

any information related to the licensing process;

(2) released, waived, and covenanted not to sue the Commission and the Band (and their

respective officials and employees), as well as any Person that furnishes information in good

faith to the Commission in any matter relating to the licensing process, from all claims,

damages, and expenses arising from any public disclosure of any information related to the

licensing process; and

(3) agreed to indemnify, defend, and hold harmless the Band and Commission (and their

respective current and former officials and employees), as well as any Person that furnished

information in good faith to the Commission in any matter relating to the licensing process,

from all third-party claims arising in connection with any public disclosure of any

information related to the licensing process.

(f) Consent to Examination. Every Applicant and Licensee shall:

(1) consent in writing to the examination of all bank accounts, other accounts, and other

records, whether held in the possession or under the control of the Applicant or Licensee or a

third party; and

(2) authorize and direct all third parties in possession or with control of such accounts or

records to allow such examination thereof by the Commission as the Commission deems

necessary.

(g) Consent to Jurisdiction. Every Applicant and Control Person, as applicable, shall be

deemed through their submission of an Application or other Commission licensing form or their

voluntary participation in a Commission licensing or investigatory process to have consented to

the personal jurisdiction of the Band, the Commission, and the Tribal Court and to have waived

all available defenses against such jurisdiction. Nothing in this Act shall limit the jurisdiction of

the Band, Commission or Tribal Court under any circumstances, except as otherwise expressly

stated in this Act.

(h) Non-Transferable. All Licenses shall be non-transferable. No Licensee shall transfer any

rights or duties related to the License, either directly or indirectly, without the express approval

of the Commission.

- 33 Current through December 4, 2025; Res. 25-12-04-01

Section 8.08 Withdrawal of Application.

Once filed, an Application may not be withdrawn by or on behalf of an Applicant without the

express permission of the Commission. An Applicant may request permission to withdraw an

Application by submitting a written request to the Commission. The Commission may grant or

deny such a request in its sole discretion.

CHAPTER 9

Cannabis Facility License

Section 9.01 Prohibition.

(a) No Person shall operate a Cannabis Facility within the Reservation without possessing a

valid Cannabis Facility License or Temporary License.

(b) No person shall use or consume, and no Cannabis Facility Licensee shall permit any

person to use or consume, any Cannabis or Cannabis Product within the grounds of any Cannabis

Facility, except in a Designated Consumption Area in accordance with applicable law, including

this Act, the Regulations and the Compact, and all requirements of the Cannabis Facility

Licensee.

duty.

Section 9.02 Application.

(a) To obtain a Cannabis Facility License, the Band Owned entity shall cause to be

completed and submitted to the Commission an Application on a form provided by the

Commission, which shall include:

(1) a description of the Cannabis Facility, including any Designated Consumption Area;

(2) a business plan;

(3) the proposed location of the Cannabis Facility; and

(4) A description of the ownership of the Cannabis Facility.

(b) The following shall be submitted with the Application:

(1) Any plans required by the Regulations; and

(2) a Schedule of Permits and Approvals, including documents verifying the status all

permits and approvals required under the Band’s Health and Safety Act.

additional information the Commission deems relevant.

- 34 Current through December 4, 2025; Res. 25-12-04-01

Section 9.03 Standards.

To be eligible for a Cannabis Facility License, a Band Owned entity must submit documentation

sufficient to permit the Commission to determine that the following standards are met:

(a) the Cannabis Facility is or will be located on the Reservation;

(b) the Cannabis Facility is Band Owned, notwithstanding the grant to other Persons of any

security interests in tangible personal property of the Cannabis Facility;

(d) all required plans comply with this Act and any Regulations;

(e) the Applicant and Cannabis Facility meets all other applicable requirements under Band

law, the Regulations, and the Compact; and

(f) all applicable Application and License fees and costs have been paid.

Section 9.04 Application Procedures.

(a) Upon receipt of a completed Application and all required documentation for a Cannabis

Facility License, the Commission shall:

(1) review the Application and all required documentation to ensure that all required

standards are met;

(2) review the premises of the Cannabis Facility to ensure that it will comply with Band

law, the Regulations, and the Compact; and

(3) take any additional steps necessary to ensure the integrity of the operations of the

Cannabis Facility.

(b) The Commission shall make its best effort to approve an Application within thirty (30)

days following the receipt of a complete Application.

the Applicant fails to meet the applicable standards under Band law or the Regulations, or that,

based on reasonable grounds, the Cannabis Facility will be operated in violation of Band law, or

the Regulations.

(d) If the Commission determines that the Applicant qualifies for the issuance of a Cannabis

Facility License, the Commission shall approve the Application and issue a Cannabis Facility

License.

(e) If the Commission determines that the Applicant qualifies for the issuance of a Cannabis

Facility License, but with conditions relating to the standards under Section 9.03, the

- 35 Current through December 4, 2025; Res. 25-12-04-01

Commission may approve the Application and issue the Cannabis Facility License subject to

such conditions.

(f) If the Commission determines that an Applicant does not qualify for a Cannabis Facility

License, the Commission shall notify the Applicant of such preliminary determination, including

the specific reasons for the preliminary determination, and as applicable, any corrective actions

that the Commission determines will cure the deficiencies and the deadline to cure the same, and

of the right to a hearing before the Commission issues a final determination on the Application.

The Commission, in its discretion, may delay issuance of the preliminary determination to

provide the Applicant with an opportunity to cure the deficiencies in accordance with the notice.

(g) The Applicant shall, except for good cause shown, file a written request for a hearing

within twenty (20) days from the date the Licensee receives the written notice of preliminary

determination that the Applicant does not qualify for a Cannabis Facility License.

(h) An Applicant that does not timely file a written request for a hearing, except for good

cause shown, shall be deemed to have waived the right to a hearing. In such event, the

Commission’s preliminary determination shall become a final determination that the Applicant

does not qualify for a Cannabis Facility License, and the Commission shall provide the Licensee

with written notice of such final determination.

(i) An Applicant who asserts that the failure to timely file a written request for a hearing was

for good cause must file with the Commission a written request for hearing along with a written

statement of good cause within ten (10) days from the date the Applicant receives the written

notice of final determination that the Applicant does not qualify for a Cannabis Facility License.

(1) If, after reviewing the written request for a hearing and written statement of good

cause, the Commission finds that the Applicant established good cause, the Commission shall

schedule a hearing on the final determination.

(2) If, after reviewing the written request for a hearing and written statement of good

cause, the Commission finds that the Applicant has not established good cause, the Licensee

shall be deemed to have waived the right to a hearing on the final determination.

(j) Upon the Applicant’s written request in accordance with subsection 9.04(g) or the

Commission’s determination under subsection 9.04(i)(1), the Commission shall schedule a

hearing to be conducted in accordance with Chapter 13 and the Regulations.

(1) If, following such hearing, the Commission determines that the Applicant qualifies for

a Cannabis Facility License, with or without conditions, the Commission shall approve the

Application and issue the License.

(2) If, following such hearing, the Commission determines that the Applicant does not

qualify for a Cannabis Facility License, the Commission shall deny the Application, and

within seven (7) calendar days, shall notify the Applicant of the denial, the specific reasons

for the denial, and of the Applicant’s right to appeal the denial under Chapter 14.

- 36 Current through December 4, 2025; Res. 25-12-04-01

(k) The Commission may, on its own, schedule a hearing, notwithstanding the lack of written

request for a hearing from the Applicant or a showing of good cause.

Section 9.05 Posting of License.

The Cannabis Facility License shall always be posted in a conspicuous location on the premises

of each Cannabis Facility.

Section 9.06 License Renewal.

(a) A Cannabis Facility Licensee shall submit a written renewal Application to the

Commission on the form provided by the Commission at least sixty (60) days prior to the date

any Cannabis Facility License will expire.

(b) The Commission shall approve an Application to renew a Cannabis Facility License

within thirty (30) days following the Commission’s receipt of a complete Application and all

required documentation unless the Commission determines that the Applicant does not meet the

applicable licensing standards under this Act or the Regulations, or that, based on reasonable

grounds, the Cannabis Facility will be operated in violation of the same.

renewal Application.

(d) The Commission may grant a Temporary License if:

(1) the Commission has not approved the Cannabis Facility License;

(2) the Cannabis Facility Licensee timely sought renewal of the Cannabis Facility

License; and

(3) Licensee paid all required fees and costs.

(e) The Commission shall not issue a Temporary License if it determines that all

requirements of Section 9.03 and the Regulations are not met.

CHAPTER 10

Cannabis Supplier License

Section 10.01 Prohibition.

(a) No Person shall operate as a Cannabis Supplier within the Reservation unless the Person

possesses a valid Cannabis Supplier License or Temporary License from the Commission.

(b) A Cannabis Supplier shall not provide any Cannabis Goods or Services within the

Reservation to any Person without a License and may only provide Cannabis Goods or Services

to a Cannabis Facility Licensee at the Cannabis Facility in accordance with such License.

- 37 Current through December 4, 2025; Res. 25-12-04-01

(1) is a natural person who possesses a valid Caregiver ID Card issued by the State

Regulatory Agency; or

(2) is a State Licensee, and pursuant to such State License and the Compact, it is lawful

under State law for the Applicant to engage in the proposed Cannabis Related Business

Activities with a Cannabis Facility Licensee relating to a Cannabis Facility; or

(3) is a federally recognized Indian tribe within the State, or any entity wholly owned by

such tribe that is located within the State and is licensed by such tribe to engage in Cannabis

Related Business Activities with Cannabis Facility Licensee relating to a Cannabis Facility.

Section 10.02 Application.

(a) To obtain a Cannabis Supplier License, a Person other than a State Licensee shall

complete and submit to the Commission an Application on a form provided by the Commission,

which shall include:

(1) the Applicant’s name and any other names the Applicant has done business under,

business physical address (and mailing address if different), telephone number, and federal

tax ID number;

(2) any other trade name(s) the Applicant has conducted business under (whether

Cannabis related or not);

(3) any trade name(s) used in connection with Cannabis Goods or Services, and names

of any wholly-owned subsidiaries or other businesses owned by the Applicant;

(4) the name and address of the Cannabis Facility to which the Applicant seeks to supply

Cannabis Goods or Services;

(5) an identification of the specific Cannabis Goods or Services the Applicant is

proposing to supply to the Cannabis Facility;

(6) an identification of all Cannabis Goods or Services available from the Applicant;

(7) copies of documents establishing the existence of the Applicant as a business entity,

such as articles of incorporation, unless the Applicant is a natural person;

(8) copies of documents establishing the ownership and control of the Applicant’s

business affairs sufficient to permit identification of any and all Control Persons of the

Applicant, unless the Applicant is a natural person;

(9) copies of documents designating the person(s) authorized to act on behalf of the

Applicant, unless the Applicant is a natural person;

(10) copies of bylaws or other documents that provide the day-to-day operating rules for

the Applicant, unless the Applicant is a natural person;

- 38 Current through December 4, 2025; Res. 25-12-04-01

(11) a description of any existing and previous business relationships involving Indian

tribes, particularly those including ownership interests in those businesses;

(12) a description of any existing and previous business relationships involving the

Cannabis industry in general, particularly including ownership interests in those businesses;

(13) the name and address of any licensing or regulatory agency with which the Applicant

or Control Persons, as applicable, have filed an application for a license or permit relating to

Cannabis, whether such Application was withdrawn prior to a licensing decision being made,

whether any such license or permit was granted, and whether any such license or permit has

ever been suspended, revoked or subject to any other sanction;

(14) a description of any misdemeanor conviction or ongoing prosecution for any fraud,

theft, dishonesty, or moral turpitude involving Applicant or a Control Person, as applicable,

within five (5) years of the Application date, along with the name and address of the court

involved, and the dates of the prosecution and disposition;

(15) a description or felony conviction or ongoing prosecution involving the Applicant or

a Control Person, as applicable, within ten (10) years of the Application date, along with the

name and address of the court involved, the charge, and the dates of the charge and

disposition;

(16) a list of civil lawsuits to which the Applicant or a Control Person, as applicable, has

been a defendant within the previous 10 years, including the name and address of the court

involved, the date and disposition; and

(b) To obtain a Cannabis Supplier License, a State Licensee shall complete and submit to the

Commission an Application on a form provided by the Commission, which shall include:

(1) the Applicant’s name, business physical address (and mailing address if different), and

telephone number;

(2) the type of business entity under which the Applicant conducts business, unless the

Applicant is a natural person;

(3) a list of all persons authorized to act on behalf of the Applicant, including their titles,

unless the Applicant is a natural person;

(4) whether any Control Person is a Tribal Council member, Tribal Judge, or Tribal Police

officer or is under the age of twenty-one (21);

(5) whether the Applicant, or any Control Person, as applicable, is employed by or

employs a person who is directly involved with the management or operations of any

Cannabis Facility for which the Commission has issued a valid and current Cannabis Facility

License;

(6) the name and address of the Cannabis Facility to which the Applicant seeks to supply

Cannabis Goods or Services;

- 39 Current through December 4, 2025; Res. 25-12-04-01

(7) an identification of the specific Cannabis Goods or Services the Applicant is proposing

to supply to the Cannabis Facility;

(8) an identification of all Cannabis Goods or Services available from the Applicant;

(9) whether the State Regulatory Agency has ever taken action to suspend or revoke the

State License of the Applicant or to otherwise sanction the Applicant, including an

explanation of the final disposition of the suspension, revocation, or sanction action; and

(10) a copy of the Applicant’s State License.

Commission deems relevant and any forms required by the Commission.

(d) Along with any other disclosures required under applicable law, the Application form

shall require the Applicant and every Control Person, as applicable, to sign such agreements and

authorizations as required by Commission, including without limitation, relating to assumption

of risk, release, indemnification, and authorization for background investigation, as applicable.

(e) If the Applicant is a natural person, and not an entity, then the Applicant shall not be

required to submit with the Application separate information related to Control Persons, and any

background investigation required under Section 10.03 below shall be conducted only on the

Applicant.

Section 10.03 Background Investigation.

(a) The Applicant, except an Applicant that is a State Licensee, shall complete and submit to

the Commission any Background Investigation form and all other information required by

Regulation or reasonably requested by the Commission.

(b) The Commission shall conduct or cause to be conducted a background investigation of the

Applicant and each Control Person, as applicable, the purpose of which includes to determine

whether each such Persons meets all licensing standards.

information gained, conclusions reached, including for each licensing standard, and the basis for

those conclusions, including potential problem areas and any disqualifying information.

(d) The Commission shall protect any confidential information generated by the investigation

or submitted by the Applicant from any authorized disclosure and shall keep confidential the

identity of each person interviewed in the investigation, except as otherwise permitted under

applicable federal or Band law, or the Compact.

Section 10.04 Licensing Standards.

(a) An Applicant that is not a State Licensee shall not be eligible to receive a Cannabis Supplier

License if any of the following exist:

- 40 Current through December 4, 2025; Res. 25-12-04-01

(1) the Applicant, or any Control Person, as applicable, is a Tribal Council member, Tribal

Judge, or Tribal Police officer or is under the age of twenty-one (21);

(2) the Applicant, or any Control Person, as applicable, was convicted of or entered a plea of

guilty or no contest to any misdemeanor involving any fraud, theft, dishonesty, or moral

turpitude preceding within five (5) years of the Application date, but excluding any conviction

or plea involving Cannabis;

(3) the Applicant, or any Control Person, as applicable, has been convicted of or entered a

plea of guilty or no contest to a felony within ten (10) years of the Application date, but

excluding any crime determined by the Commission to relate to the furtherance of the Band’s

tribal sovereignty rights or any conviction or plea involving Cannabis;

(4) the Applicant, or any Control Person, as applicable, is employed by or employs a person

who is directly involved with the management or operations of any Cannabis Facility for which

the Commission has issued a valid and current Cannabis Facility License;

(5) the Applicant submitted an Application that contains materially false or misleading

information;

(6) the Applicant refused to respond to any request for information that is material to the

Commission’s suitability determination;

(7) the Applicant is or was associated with, or has participated or been involved with, any

organized crime;

(8) the Applicant, or any Control Person, as applicable, is determined by the Commission to

be a Person whose activities, reputation, habits, and associations, including any conflicts of

interest, pose a threat to the public interest or to the effective regulation or control of Cannabis

or create or enhance the dangers of practices that are illegal under this Act, the Regulations, or

other Band law, or are otherwise unsuitable or improper in the conduct of Cannabis Related

Business Activities;

(9) the Applicant has not paid all applicable Applicant and License fees and costs; or

(10) the Applicant is not a Person listed in subsection 10.01(c)(1) or subsection 10.01(c)(3)

above.

(b) An Applicant that is a State Licensee shall not be eligible to receive a Cannabis Supplier

License if any of the following exist:

(1) the Applicant, or any Control Person, as applicable, is a Tribal Council member, Tribal

Judge, or Tribal Police officer or is under the age of twenty-one (21);

(2) the Applicant, or any Control Person, as applicable, is employed by or employs a person

who is directly involved with the management or operations of any Cannabis Facility for which

the Commission has issued a valid and current Cannabis Facility License;

- 41 Current through December 4, 2025; Res. 25-12-04-01

(3) the Applicant submitted an Application that contains materially false or misleading

information;

(4) the Applicant is determined by the Commission to be a Person whose activities,

reputation, habits, and associations, including any conflicts of interest, pose a threat to the

public interest or to the effective regulation or control of Cannabis or create or enhance the

dangers of practices that are illegal under this Act, the Regulations, or other Band law, or are

otherwise unsuitable or improper in the conduct of Cannabis Related Business Activities;

(5) the Applicant failed to provide a copy of the Applicant’s State License or such State

License is currently suspended or terminated;

(6) the Applicant has not paid all applicable Applicant and License fees and costs; or

(7) the Applicant is not a Person listed in subsection 10.01(c)(2) above.

Section 10.05 License Determination.

(a) If the Commission received a completed Application and all required documentation for a

Cannabis Supplier License, then within thirty (30) days following the completion of the

background investigations or, for an Applicant that is a State Licensee, following receipt of a

completed Application and all required documentation, the Commission shall meet, review the

Application and the investigative report, and shall make a preliminary determination of whether

the Applicant qualifies for a Cannabis Supplier License under this Chapter.

(b) If the Commission determines that the Applicant qualifies for the issuance of a Cannabis

Supplier License, the Commission shall approve the Application and issue a Cannabis Supplier

License.

Supplier License, but with conditions relating to the standards under Section 10.04, the

Commission may approve the Application and issue the Cannabis Supplier License subject to

such conditions.

(d) If the Commission determines that an Applicant does not qualify for a Cannabis Supplier

License, the Commission shall notify the Applicant of such preliminary determination, including

the specific reasons for the preliminary determination, and as applicable, any corrective actions

that the Commission determines will cure the deficiencies and the deadline to cure the same, and

of the right to a hearing before the Commission issues a final determination on the Application.

The Commission, in its discretion, may delay issuance of the preliminary determination to

provide the Applicant with an opportunity to cure the deficiencies in accordance with the notice.

(e) The Applicant shall, except for good cause shown, file a written request for a hearing

within twenty (20) days from the date the Licensee receives the written notice of preliminary

determination that the Applicant does not qualify for a Cannabis Supplier License.

- 42 Current through December 4, 2025; Res. 25-12-04-01

(f) An Applicant that does not timely file a written request for a hearing, except for good

cause shown, shall be deemed to have waived the right to a hearing. In such event, the

Commission’s preliminary determination shall become a final determination that the Applicant

does not qualify for a Cannabis Supplier License, and the Commission shall provide the Licensee

with written notice of such final determination.

(g) An Applicant who asserts that the failure to timely file a written request for a hearing was

for good cause must file with the Commission a written request for hearing along with a written

statement of good cause within ten (10) days from the date the Applicant receives the written

notice of final determination that the Applicant does not qualify for a Cannabis Supplier License.

(1) If, after reviewing the written request for a hearing and written statement of good

cause, the Commission finds that the Applicant established good cause, the Commission shall

schedule a hearing on the final determination.

(2) If, after reviewing the written request for a hearing and written statement of good

cause, the Commission finds that the Applicant has not established good cause, the Licensee

shall be deemed to have waived the right to a hearing on the final determination.

(h) Upon the Applicant’s written request in accordance with subsection 10.05(e) or the

Commission’s determination under subsection 10.05(g)(1), the Commission shall schedule a

hearing to be conducted in accordance with Chapter 13 and the Regulations.

(1) If, following such hearing, the Commission determines that the Applicant qualifies for

a Cannabis Supplier License, with or without conditions, the Commission shall approve the

Application and issue the License.

(2) If, following such hearing, the Commission determines that the Applicant does not

qualify for a Cannabis Supplier License, the Commission shall deny the Application, and

within seven (7) calendar days, shall notify the Applicant of the denial, the specific reasons

for the denial, and of the Applicant’s right to appeal the denial under Chapter 14.

(i) The Commission may, on its own, schedule a hearing, notwithstanding the lack of written

request for a hearing from the Applicant or a showing of good cause.

Section 10.06 Copy of License.

Any Cannabis Supplier, including any personnel or agents, shall always possess a legible copy of

the Cannabis Supplier License while engaging in any Cannabis Related Business Activities

within the Reservation and shall produce the same upon the request of any Commissioner or

Commission employee or any Tribal Police officer or other law enforcement officer.

Section 10.07 License Renewal.

(a) A Licensee shall submit a written renewal Application to the Commission on the form

provided by the Commission at least sixty (60) days prior to the date any Cannabis Supplier

License will expire, which Application may require the Licensee to revise and supplement the

- 43 Current through December 4, 2025; Res. 25-12-04-01

information provided to the Commission with the Licensee’s initial Application for a Cannabis

Supplier License.

(b) The Commission shall approve Applications to renew a Cannabis Supplier License

within thirty (30) days following the Commission’s receipt of a complete Application and all

required documentation unless the Commission determines that the Licensee fails to meet the

applicable licensing standards under this Chapter.

renewal Application.

(d) The Commission may grant a Temporary License if the:

(1) Commission has not approved the Cannabis Supplier License;

(2) Licensee timely sought renewal of the Cannabis Supplier License; and

(3) Licensee paid all required fees and costs.

(e) The Commission shall not issue a Temporary License if it determines that the Applicant

does meet all requirements of Section 10.04.

Section 10.08 Reciprocity.

(a) For an Applicant for a Cannabis Supplier License that possesses a valid Caregiver ID

Card issued by the State Regulatory Agency or that possesses a license from another federally

recognized Indian tribe located in this State to sell, purchase, or transfer Cannabis or Cannabis

Product, the Commission may recognize and accept the licensing determinations of the State

Regulatory Agency or the cannabis regulatory agency of another federally recognized Indian

tribe located within the State, as applicable, so long as:

(1) the Applicant meets the eligibility requirements and licensing standards set forth in

subsection 10.01(c)(1), subsection 10.01(c)(3), and subsection 10.04(a); and

(2) the Commission determines that such other jurisdiction applies licensing standards

that are as stringent and a background investigation process that is as rigorous as this Act

requires.

(b) For an Applicant for a Cannabis Supplier License that is a State Licensee, the

Commission shall recognize and accept the licensing determinations of the State Regulatory

Agency so long as the Applicant meets the eligibility requirements and licensing standards set

forth in subsection 10.01(c)(2) and subsection 10.04(b). For such Applicants, the Commission

shall confirm that the Applicant possesses a State License.

Regulatory Agency or the cannabis regulatory agency of another federally recognized Indian

tribe located within the State, the Commission shall gather such information from the Applicant,

all Control Persons, and the other jurisdiction as the Commission deems necessary to confirm

- 44 Current through December 4, 2025; Res. 25-12-04-01

facts and develop a record regarding the Applicant and all Control Persons and to support its

determination, including a copy of the Applicant’s license from the other jurisdiction. This

subsection 10.08(c) shall not apply to an Applicant for a Cannabis Supplier License that is a

State Licensee.

(d) The Commission may waive the background investigation process and such other

requirements of this Chapter as it determines are unnecessary when granting reciprocity to the

licensing determinations of another jurisdiction and shall waive the background investigation

process for an Applicant for a Cannabis Supplier License that is a State Licensee except to the

extent necessary to confirm that the Applicant meets the eligibility requirements and licensing

standards set forth in subsections 10.01(c) and 10.04(b).

CHAPTER 11

Cannabis Employees, Authorized Visitors, and Consumption

Section 11.01 Requirements for Cannabis Employees.

(a) A Cannabis Facility Licensee shall conduct a criminal history background check on any

prospective Cannabis Employee before hiring that person. The Licensee shall keep records of

the results of the criminal history background checks for the duration of the Cannabis

Employee’s employment with the Licensee. The Licensee shall record confirmation of criminal

history background checks and make the confirmation available for inspection upon request by

the Commission.

(b) The Licensee shall comply with all of the following:

(1) Have a policy in place that requires Cannabis Employees to report any new or

pending criminal charges or convictions. If a Cannabis Employee is charged with or

convicted of any felony, including any controlled substance-related felony, the Licensee shall

immediately report the charge or conviction to the Commission. If a Cannabis Employee is

convicted of an offense involving distribution of a controlled substance to a minor, the

Licensee shall immediately report the conviction to the Commission.

(2) Maintain a list of excluded Cannabis Employees and shall promptly provide each

Cannabis Facility Licensee with any updated list.

(3) Submit a Cannabis Employee’s information to the Commission on such forms or

through such systems as the Commission may prescribe within seven (7) business days of the

Cannabis Employee’s hiring.

(4) Update the Commission on such forms or through such systems as the Commission

may prescribe within seven (7) business days of any change in status of each Cannabis

Employee’s information.

(5) Remove a Cannabis Employee’s access and permissions to the Cannabis Facility and

all of the Licensee’s Cannabis Related Business Activities within seven (7) business days

after the Cannabis Employee’s employment with the Licensee is terminated.

- 45 Current through December 4, 2025; Res. 25-12-04-01

(6) Train Cannabis Employees and have an employee training manual that includes

employee safety procedures, employee guidelines, security protocol, and educational

training, including on Cannabis and Cannabis Product information, dosage and purchasing

limits if applicable, and educational materials. Copies of these training materials items must

be maintained and made available to the Commission upon request.

(7) If applicable, include in the employee training manual a responsible operations plan,

which must include a detailed explanation of how Cannabis Employees will monitor and

prevent over-intoxication, underage access to the Cannabis Facility, the illegal sale or

distribution of Cannabis or Cannabis Products within the Cannabis Facility, and any other

potential criminal activity on the premises, as applicable. Copies of these materials must be

maintained and made available to the Commission upon request.

(8) Establish point of sale or transfer procedures for Cannabis Employees performing

any transfers or sales to Cannabis customers, which must include training in dosage,

Cannabis and Cannabis Product information, health or educational materials, point of sale

training, purchasing limits, cannabidiol (CBD) and tetrahydrocannabinol (THC) information,

serving size, and consumption information, including any warnings. Copies of these

materials must be maintained and made available to the Commission upon request.

(9) Screen prospective Cannabis Employees against a list of excluded Cannabis

Employees maintained by the Commission in accordance with this Section, and except as

otherwise provided in the Regulations, not continue to employ a Cannabis Employee who is

added to such list, or after becoming aware that a Cannabis Employee was convicted of, or

entered a plea of guilty, or no contest to an offense listed in subsection 11.01(b)(12).

(10) Ensure that Cannabis Employees handle Cannabis and Cannabis Products in

compliance with current best practices in manufacturing, packing, or holding human food, in

accordance with the Band’s Health and Safety Act and other applicable legal requirements

and industry standards.

(11) Not allow a person under twenty-one (21) years of age to volunteer or work for the

Licensee.

(12) Not employ any person who has been convicted of, or entered a plea of guilty, or no

contest to any of the following:

(i) an offense involving distribution of a controlled substance to a minor;

(ii) any misdemeanor involving any fraud, theft, dishonesty, or moral turpitude within

five (5) years of the employment application date, but excluding any conviction or plea

involving Cannabis; or

(iii) any felony within ten (10) years of the employment application date, but

excluding any crime determined by the Cannabis Facility Licensee to relate to the

furtherance of the Band’s tribal sovereignty rights or any conviction or plea involving

Cannabis.

- 46 Current through December 4, 2025; Res. 25-12-04-01

(13) The Commission shall not supplement or modify subsection 11.01(b)(12) by

Regulation.

examination by the Commission to determine compliance with this Act and the Regulations.

(d) The Commission shall within fourteen (14) days of the receipt of a Licensee’s submission

of a Cannabis Employee’s information in accordance with this Section issue to the Licensee a

Cannabis Employee Identification Card for the Cannabis Employee, which shall include the

Cannabis Employee Identification Number.

(e) No decision of the Commission relating to any Cannabis Employee Identification Card

shall create a property interest or due process rights in favor of any Person except as otherwise

expressly stated in this Act or other Band law, and the issuance of a Cannabis Employee

Identification Card shall not constitute a commitment on behalf of the Commission or any other

party to contract with, hire or continue to employ or contract with any person.

Section 11.02 Requirements for Authorized Visitors.

(a) Nothing in this Chapter prohibits a Licensee from allowing Authorized Visitors into the

Cannabis Facility if the visitors are reasonably monitored, logged in as a visitor, and escorted

through any secured areas.

(b) Visitors that are not Cannabis Employees shall not enter areas of Cannabis Facilities

where hazardous materials are used, handled, or stored except Authorized Visitors providing

trade or professional services related to the use, handling, storage, or disposal of such hazardous

materials.

Cannabis Employee of the Licensee or an Authorized Visitor, or if such individual is in violation

of this Act or any Regulations, the Commission may take any action permitted under this Act or

the Regulations.

Section 11.03 Food and Beverage Consumption.

(a) Consumption of food and beverages by Cannabis Employees or Authorized Visitors is

prohibited where Cannabis or Cannabis Products are stored, processed, or packaged or where

hazardous materials are used, handled, or stored.

(b) The Cannabis Facility Licensee operating a Cannabis Facility with a Designated

Consumption Area may allow the consumption of food and non-alcoholic beverages in the

Designated Consumption Area.

Section 11.04 Designated Consumption Areas.

In addition to any requirements of the Regulations and the Compact, a Designated

Consumption Area shall:

- 47 Current through December 4, 2025; Res. 25-12-04-01

(a) if located within the interior of a Cannabis Facility, be located within a room with floor to

ceiling walls and a door that separates the room from any area where Cannabis or Cannabis

Product is stored, processed, or packaged; or

(b) if located outside the interior of the Cannabis Facility, be on the grounds of the Cannabis

Facility in an enclosed area equipped with locks or other functioning security devices that restrict

access to the Designated Consumption Area.

CHAPTER 12

License Suspension, Condition, Limitation, and Revocation

Section 12.01 Cannabis Facility License.

(a) The Commission may summarily suspend, condition, or limit a Cannabis Facility License

for not more than thirty (30) days pending a hearing under this Chapter, if the Commission

receives reliable information that the Cannabis Facility poses an immediate threat the health,

safety, or welfare of the Band, Band Citizens, or any other person.

(b) The Commission may suspend, condition, limit, or revoke a Cannabis Facility License in

accordance with this Chapter for such period that the Commission determines in accordance with

this Chapter, if the Commission determines that the Licensee:

(1) violated or no longer meets any standard under Section 9.03, or Section 3.03 of the

Regulations (which standards are extended to Licensees under this subsection);

(2) failed or refused to comply with any condition of the License, any obligation under

this Act, any Regulations, or the Compact, or any lawful order of the Commission or Tribal

Court; or

(3) engaged in conduct that poses an immediate threat to the integrity of any Cannabis

Related Business Activities or to the health, safety, or welfare of the Band, Band Citizens, or

any other person.

Licensee relating to a Designated Cannabis Area, including requiring a Cannabis Facility

Licensee to close a Designated Cannabis Area, in accordance with this Chapter.

(d) If the Commission takes an action on a Cannabis Facility License under this Section

12.01 which prohibits a Cannabis Facility Licensee from transacting with a State Licensee, then

the Commission shall provide written notice of the suspension or action to the Tribal Council

and to the State Regulatory Agency in accordance with subsection 12.03(c),

Section 12.02 Cannabis Supplier License.

(a) The Commission may summarily suspend, condition, or limit a Cannabis Supplier

License for not more than thirty (30) days pending a hearing under this Chapter, if the

Commission receives reliable information that:

- 48 Current through December 4, 2025; Res. 25-12-04-01

(1) the Licensee, or any Control Person, was charged with any offense that may

disqualify the Licensee from holding such License;

(2) the Licensee, or any Control Person, has engaged in conduct that poses an

immediate threat to the integrity of any Cannabis Related Business Activities or to the health,

safety, or welfare of the Band, Band Citizens, or any other person; or

(3) without limiting the Commission’s authority under subsections 12.02(a)(1) or

12.02(a)(2), if the Licensee is a Cannabis Supplier that was granted reciprocity based on a

State License, the State Regulatory Agency suspended or terminated the State License of the

Licensee.

(b) The Commission may suspend, condition, limit, or revoke a Cannabis Supplier License in

accordance with this Chapter for such period that the Commission determines in accordance with

this Chapter, if the Commission determines that:

(1) the Licensee violated or no longer meets any standard under Section 10.04, or

Section 4.03 of the Regulations (which standards are extended to Licensees under this

subsection);

(2) the Licensee failed or refused to comply with any condition of the License, any

obligation under this Act, the Regulations, or the Compact, or any lawful order of the

Commission or Tribal Court;

(3) the Licensee engaged in conduct that poses an immediate threat to the integrity of

any Cannabis Related Business Activities or to the health, safety, or welfare of the Band,

Band Citizens, or any other person; or

(4) without limiting the Commission’s authority under subsections 12.02(b)(1),

12.02(b)(2), or 12.02(b)(3), if the Licensee is a Cannabis Supplier that was granted

reciprocity based on a State License, the State Regulatory Agency suspended or terminated

the State License of the Licensee.

Section 12.03 Suspension of Transactions with State Licensees.

(a) The Commission may summarily suspend, condition, or limit any Cannabis Facility

Licensee’s ability to transact business with any State Licensee, including by suspending or

terminating the Cannabis Facility Licensee’s access to the State Cannabis Tracking System, for

not more than thirty (30) days pending a hearing under this Chapter, if the Commission receives

reliable information that the continued operation of the Cannabis Facility poses a threat the

health, safety, or welfare of the Band, Band Citizens, or any other person.

(b) The Commission may suspend, condition, or limit any Cannabis Facility Licensee’s

ability to transact business with any State Licensee, including by suspending or terminating the

Cannabis Facility Licensee’s access to the State Cannabis Tracking System, for such period that

the Commission determines in accordance with this Chapter, if the Commission determines that

the Cannabis Facility Licensee engaged in conduct that poses a threat to the integrity of any

- 49 Current through December 4, 2025; Res. 25-12-04-01

Cannabis Related Business Activities or to the health, safety, or welfare of the Band, Band

Citizens, or any other person.

with a State Licensee, or otherwise takes an action under this Chapter that prohibits a Cannabis

Facility Licensee from transacting with a State Licensee, then the Commission shall provide

written notice of the suspension or action to the Tribal Council and to the State Regulatory

Agency, via electronic mail to the Tribal Liaison, by 5:00 p.m. of the first business day after

taking the action.

(d) Notice to the State Regulatory Agency pursuant to this Section must contain:

(1) the name of the Licensee;

(2) the date and nature of the action taken; and

(3) any information relevant to the Commission’s basis for the action.

(e) Nothing in this Section shall affect the Commission’s authority to suspend, condition,

limit, or revoke a License under Section 12.01 or Section 12.02.

(f) The State Regulatory Agency may summarily suspend or terminate a Cannabis Facility

Licensee’s ability to transact business with any State Licensee, including by suspending or

terminating the Cannabis Facility Licensee’s access to the State Cannabis Tracking System, if

the State Regulatory Agency finds that the public health, safety, or welfare is threatened by the

continued operation of the Cannabis Facility, provided that before taking any such summary

action, the State Regulatory Agency must use best efforts to consult with the Commission on the

necessity of such action, and must determine that the threat cannot be immediately resolved

through less severe measures. If the State Regulatory Agency takes such action, and the Band

disagrees with such action, then the Band may initiate a dispute under the Compact, during

which such action shall remain in effect until State Regulatory Agency determines that the

continued operation of the Cannabis Facility no longer presents the threat. The Cannabis Facility

Licensee does not have the ability to directly challenge the State Regulatory Agency’s action.

(g) During the time that a Cannabis Facility Licensee’s access to the State Cannabis Tracking

System is suspended or terminated, the Cannabis Facility Licensee shall not receive, purchase,

sell, transport, or otherwise transfer any Cannabis or Cannabis Product to or from a State

Licensee.

Section 12.04 Investigation.

(a) Upon receipt by the Commission of information that may provide the basis for the

Commission to suspend, condition, limit, or revoke a License, as described above in this

Chapter, the Commission shall promptly investigate to substantiate the allegations and obtain

any other relevant information that may prove or disprove grounds for such Commission action.

- 50 Current through December 4, 2025; Res. 25-12-04-01

(b) If the Commission receives information that a Cannabis Facility Licensee is engaged in

conduct that poses a threat to the health, safety, or welfare of the Band, Band Citizens, or any

other person, then the Commission shall provide written notice of such information to the State

Regulatory Agency by 5:00 p.m. of the first business day after receiving the information.

electronic mail to the Tribal Liaison for the State Regulatory Agency and contain:

(1) the name of the Cannabis Facility Licensee;

(2) the date that the Commission received information that a Licensee engaged in

conduct that poses a threat to the health, safety, or welfare of the Band, Band Citizens, or

any other person; and

(3) any information relevant to the assessment of the health, safety, or welfare threat.

Section 12.05 Notice of Intent.

(a) If upon completion of the investigation, the Commission determines that grounds exist to

suspend, condition, limit, or revoke the License under the standards stated above in this Chapter

but that grounds for summary suspension do not exist, or summary suspension is not necessary,

the Commission shall issue a Notice of Intent to Suspend, Condition, Limit, or Revoke License,

as applicable.

(b) If upon completion of the investigation the Commission determines that grounds exist for

summary suspension of the License or to impose conditions or limitations on the License, and

that such action is necessary under the standards stated above in this Chapter, the Commission

shall issue a Notice of Summary Suspension, Condition, or Limitation of License Pending

Hearing.

(1) inform the Licensee of the right to a hearing upon request;

(2) state in detail the grounds upon which it is issued;

(3) identify any witnesses the Commission intends to call to the extent then known, except

witnesses whose identity the Commission determines should not be disclosed in advance of

the hearing in order to protect such witnesses and ensure their full cooperation;

(4) summarize the facts and evidence that the Commission intends to present to

demonstrate that adequate cause exists to support the action against the License; and

(5) inform the Licensee of the right to present evidence to rebut the grounds specified in

the notice, including testimony from fact witnesses, or to present evidence of mitigating

circumstances demonstrating that the action against the License is not warranted.

- 51 Current through December 4, 2025; Res. 25-12-04-01

(d) Any notice under this Section shall be served on the following persons:

(1) for a Cannabis Supplier, the Licensee and the general manager or other employee in

charge of the Cannabis Facility; or

(2) for a Cannabis Facility, the general manager or other employee in charge of the

Cannabis Facility.

(e) Any notice under this Section shall be served by personal service or registered or certified

mail, return receipt, provided that if service by such methods is not successful despite the

Commission’s good faith efforts, then service may be by first class US mail to the last known

address on file with the Commission.

Section 12.06 Time to Request Hearing.

(a) The Licensee shall, except for good cause shown, file a written request for a hearing

within twenty (20) days from the date the written notice is served under Section 12.05.

(b) A Licensee who does not timely file a written request for a hearing, except for good cause

shown, shall be deemed to have waived the right to a hearing. In such event, the Commission

may suspend, condition, limit, or revoke, as applicable, as License as specified in the written

notice, and shall provide the Licensee with notice of such action.

for good cause must file with the Commission a written request for hearing along with a

statement of good cause within ten (10) days from the date the written notice is served under

Section 12.05.

(1) If, after reviewing the written request for a hearing and statement of good cause, the

Commission finds that the Licensee established good cause, the Commission shall schedule a

hearing on the action.

(2) If, after reviewing the written request for a hearing and statement of good cause, the

Commission finds that the Licensee has not established good cause, the Licensee shall be

deemed to have waived the right to a hearing on the action.

(d) The Commission shall make every reasonable effort to set the date for a hearing before

the Commission within fourteen (14) days, but in no event later than thirty (30) days, after the

date the Licensee files a written request for a hearing, as applicable.

(e) The Commission may, on its own, schedule a hearing, notwithstanding the lack of written

request for a hearing from the Licensee or a showing of good cause.

(f) The hearing shall be conducted in accordance with the procedures described in Chapters

12 and 13 of this Act and the Regulations.

Section 12.07 Conversion to Revocation Hearing.

- 52 Current through December 4, 2025; Res. 25-12-04-01

(a) If the results of the investigation conducted under this Chapter indicate that there are

sufficient grounds to revoke the Licensee, the Commission may, in its discretion, convert the

hearing on the suspension, condition, or limitation of the License to a hearing to show cause why

the License should not be revoked.

(b) If the Commission converts a suspension, condition, or limitation of the License hearing

to a revocation hearing and has already issued the notice required under this Chapter, it shall

provide the Licensee with a new notice and a new opportunity to request a hearing under this

Chapter, which also restarts the time to schedule the hearing.

Section 12.08 Decision Following Hearing.

(a) The Commission shall decide at the conclusion of a hearing under this Chapter whether

to continue the suspension, condition, or limitation, or to revoke the License, as applicable, and

shall issue findings of fact and conclusions of law to support any such decision.

(b) If the Commission determines that neither lifting the suspension, condition, or limitation,

nor revoking the License or initiating a revocation proceeding would serve the purposes and

requirements of this Act, the Commission may suspend, condition, or limit the License for any

additional period of time it determines is needed under the circumstances to allow for further

investigation or other appropriate purpose under this Act, but no suspension, condition, or

limitation shall exceed a period of ninety (90) days without affording the Licensee the right to a

hearing to reconsider the action.

CHAPTER 13

Hearing Procedures

Section 13.01 Scope.

(a) Except as otherwise stated in this Act, hearings conducted by the Commission under this

Act shall be governed by this Chapter and the Regulations.

(b) The Commission shall promulgate Regulations establishing standards and procedures for

conducting hearings consistent with this Act.

which shall not be subject to the procedural requirements of this Act.

Section 13.02 Hearings.

Except as otherwise stated in this Act, the Commission shall afford:

(a) an Applicant an opportunity for a hearing prior to any final action by the Commission on

an Application, other than an unconditional grant of a License. For purposes of this requirement,

a Temporary License shall not be a conditional grant of a License;

(b) a Licensee the opportunity for a hearing prior to taking formal action to suspend,

condition, limit, or revoke a License, not renew a License, or to impose any penalties that the

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Commission is authorized to impose pursuant to this Act, provided that nothing in this Section

shall limit the Commission’s authority to summarily suspend, condition, or limit a License

without a hearing where authorized under this Act; and

opportunity for a hearing prior to issuing a decision, including enforcement actions, as described

in subsection 13.01(c), or as otherwise expressly authorized under this Act.

Section 13.03 Subpoenas.

(a) The Commission shall have the power and discretion to issue subpoenas to compel the

production of documents or other tangible things and to compel the appearance of witnesses to

give testimony relating to any Commission investigation or proceeding.

(b) Any Person who objects to a subpoena must serve on the Commission a written objection

not later than the time specified for compliance. The written objection shall specify the reasons,

which shall be limited to:

(1) fails to allow a reasonable time to comply;

(2) the Person is not subject to the jurisdiction of the Commission, but any deemed

consent to such jurisdiction under this Act or written consent shall be conclusive and

enforced by the Tribal Court;

(3) requires disclosure of privileged or other protected matter and no exception or

waiver applies; or

(4) subjects the Person to undue burden.

an order compelling production or inspection.

(d) The commanded Person may, upon notice to the Commission, move the Tribal Court for

an order to quash or modify a subpoena upon a finding that any of the reasons specified in

subsection 13.03(b) apply.

(e) The Tribal Court may impose conditions on the subpoena to protect the commanded

Person, including to prevent the disclosure of trade secrets and other confidential information.

(f) Without limiting any other remedies available to the Commission, the Commission may

impose reasonable penalties and take such other appropriate actions as the Commission deems

warranted under the circumstances to address noncompliance with a subpoena where the

commanded Person fails to file a written objection, to prosecute a written objection when filed,

or to comply with a Tribal Court order.

(g) Nothing in this Section shall limit any authority of the Tribal Court, including relating to

contempt.

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Section 13.04 Hearing Requirements.

(a) The Chairperson shall preside over all hearings conducted before the full Commission,

shall administer oaths, and shall call the proceedings to order, control the presentation of

evidence, the appearance of witnesses, and the order of the proceedings.

(b) The Commission may designate one or more of the Commission members, or may

contract with other qualified persons, to serve as hearing officers for any hearings the

Commission determines can be properly handled by a single hearing officer.

conclusions of law, subject to the requirement that their decisions shall only become final upon

adoption by the Commission and such other requirements the Commission may establish by

Regulation.

(d) The Commission may require any Person, including, but not limited to, any Applicant,

Licensee, or any agent, employee, or representative of such Person, to appear and testify before it

for any matter within its jurisdiction at such time and place as it may designate.

(e) All testimony before the Commission or any hearing officer:

(1) shall be under oath;

(2) may include any matters that the Commission or hearing officer deems relevant;

(3) shall be recorded by a duly certified court reporter; and

(4) may be used as evidence in any proceeding or matter before the Commission or any

hearing officer.

(f) All hearings shall be open to Band Citizens, except as otherwise permitted under the

Open Meetings Act.

Section 13.05 Commission Decisions.

(a) All decisions to be made by the Commission under this Act or any Regulations, when

necessary to support the decision, shall include findings of fact and conclusions of law.

(b) The Commission may, at its discretion, include with its decision a statement that the

Commission’s decision is a “final decision subject to appeal”.

otherwise permitted under the Open Meetings Act.

(d) All Commission decisions shall be made by majority vote, except when this Act

expressly authorizes the Commission to delegate authority for a decision to a single

Commissioner, the Executive Director, or other Commission personnel.

CHAPTER 14

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Appeals

Section 14.01 Limited Waiver.

The Band expressly waives the Commission’s sovereign immunity from suit for any action

brought against the Commission in the Tribal Court, but only to the extent that such action is

expressly authorized by this Act.

Section 14.02 Appeal.

(a) Any Person who has received a final adverse decision from the Commission shall have

the right to appeal such adverse decision to the Tribal Court. For purposes of this Section, a

decision shall not be considered “final” unless the Commission certifies the decision in writing

as final and subject to appeal.

(b) An appeal authorized by this Section must be filed with the Tribal Court within thirty

(30) calendar days from the date that the Person entitled to bring the appeal receives notice of the

final decision from the Commission.

not supported by reasonable evidence, or that the Commission applied the applicable law

incorrectly, it shall so declare and return the matter to the Commission for further consideration

consistent with such Tribal Court decision.

(d) The Tribal Court shall limit its review to the administrative record, but the Tribal Court

may consider extrinsic evidence to assist it in determining the adequacy of the Commission’s

analysis and decision concerning technical or complex issues.

(e) The Tribal Court shall give deference to the reasonable interpretation and application of

this Act, the Regulations, and the Compact by the Commission.

(f) Except as otherwise expressly authorized under other Band law, the relief against the

Commission in any such action shall be limited to declaratory and injunctive relief and shall not

include any money damages.

(g) The Tribal Court may order the Commission to pay court costs, or reasonable attorney’s

fees, or both, to the party bringing an action authorized under this Act, but only if the Tribal

Court determines that the Commission acted with willful disregard of a party’s rights under the

Constitution or Band law, including this Act.

CHAPTER 15

Violations and Penalties

Section 15.01 Violations.

(a) No Person, within the jurisdiction of the Band, shall violate or fail to comply with any

provision of this Act or any Regulations.

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(b) In accordance with subsection 1(C) of the Code of Offenses, any violation of any

provision of this Act or any Regulations shall constitute an “Offense” under the Code of

Offenses.

Section 15.02 Penalties.

(a) A Person who, within the jurisdiction of the Band, violates this Act or any Regulations for

which violation a penalty is not otherwise provided for under Band law, including the Code of

Offenses or this Act, shall be liable for a maximum civil fine of $5,000.00, but in determining

the amount of any civil fine, the Tribal Court, subject to a maximum civil fine of $5,000.00, shall

be guided by the applicable minimum and maximum fines imposed under State Law multiplied

by a factor of two (2) to reflect the classification under this Act of such violation as a civil

infraction rather

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