# POKAGON BAND OF POTAWATOMI INDIANS

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Apokagon_potawatomi%3Ab4b6918d4b7e4631

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

POKAGON BAND OF POTAWATOMI INDIANS
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

i

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

ii

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
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TABLE OF CONTENTS
Section 15.01 Violations ........................................................................................................ 56
Section 15.02 Penalties .......................................................................................................... 57

iv

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.
(c) Under Article IX, Section 2 of the Constitution, the Tribal Council is vested with the
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.
(c) The Tribal Council enacted amendments to this Act to implement and ensure compliance
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.
(c) “Application” means the form through which an Applicant requests the issuance or
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.
(c) Each Commissioner is an officer of the Band government and shall be immune from suit
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.
(c) Notwithstanding the foregoing, the Commission shall be subject to all:
(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.
(c) The Commission budget shall consider any unexpended funds retained by the
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.
(c) Before any person may take office as a Commissioner, the Tribal Council shall cause a
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.
(c) If the Tribal Council determines that the investigation substantiates the existence of cause
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.
(c) The Tribal Council shall make a final determination regarding the eligibility of each
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.
(c) The Tribal Council shall review the rates of compensation for Commissioners on an
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.
(c) Regulations. The Commission shall have the duty and power to develop, propose, and
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.
(c) Emergency Meetings. The Chairperson may call an emergency meeting with less than
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.
(c) The Vice-Chairperson shall assume the duties of the Chairperson in the Chairperson’s
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.
(c) No person may access non-public Commission records except a Commissioner and
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;
(c) meeting minutes from all Commission meetings;
(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

(c) The Commission shall review all comments received during the comment period, and,
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.
(c) Expedited Regulations shall become effective upon adoption by resolution by the
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.
(c) Nothing in this Act shall limit any rights, powers, duties, or privileges granted under the
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.
(c) The Executive Director shall be eligible for an annual salary and fringe benefits as
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;
(c) shall, in compliance with Band law and applicable policies and other applicable law and
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.
(c) The Tribal Police shall create an investigative report for the Commission that describes
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.
(c) A Cannabis Facility Licensee that sells, purchases, or transfers Cannabis or Cannabis
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.
(c) The Applicant shall pay any fees required by the Commission to process the Application.
(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.
(c) Duty to Update. Every Applicant and Licensee shall have a continuing duty to promptly
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.
(c) No Cannabis Employee shall use or consume any Cannabis or Cannabis Product while on
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.
(c) The Band Owned entity shall also cause to be submitted to the Commission any
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;
(c) the Cannabis Facility will comply with the Band’s Health and Safety Act;
(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.
(c) The Commission shall approve the Application unless the Commission determines that
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.
(c) The Commission, without limitation, shall follow Section 9.04 in connection with any
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.
(c) No Person shall be eligible for a Cannabis Supplier License unless the Applicant:
- 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;
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(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.
(c) The Applicant shall also submit to the Commission any additional information the
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.
(c) The investigator shall create an investigative report that describes the investigative process,
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:

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(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;

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(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 r

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apokagon_potawatomi%3Ab4b6918d4b7e4631. Public record. Not legal advice.