Prairie Island Indian Community (2024)
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Prairie Island Indian Community
Cannabis Regulatory Ordinance1
Table of Contents
Section 1. Short Title................................................................................................................ 1
Section 2. Statement of Purpose, Findings, and Authority. ..................................................... 1
Section 3. Definitions. .............................................................................................................. 2
Section 4. Applicability. ......................................................................................................... 11
Section 5. Hemp Products. ..................................................................................................... 11
Section 6. Cannabis Regulatory Commission. ....................................................................... 11
Section 7. Possession and Use; Personal Cultivation. ........................................................... 17
Section 8. Licensing. .............................................................................................................. 18
Section 9.
License Suspension, Revocation, and Other Enforcement Actions. ................. 23
Section 10. Hearings Before the Commission and Appeals of Commission Decisions. ..... 28
Section 11. Quality and Inventory Control. .......................................................................... 30
Section 12. Facility and Operational Standards Applicable to All Community Cannabis
Facilities….... .......................................................................................................................... 32
Section 13. Commercial Cultivation. ................................................................................... 38
Section 14. Commercial Processing. .................................................................................... 39
Section 15. Commercial Extraction. ..................................................................................... 40
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Note of Adoption: The Community Council adopted this Ordinance on February 22, 2024, by Resolution Number
24-2-22-31.
Section 16. Commercial Manufacturing. .............................................................................. 43
Section 17. Commercial Distribution. .................................................................................. 45
Section 18. Retail Sale. ......................................................................................................... 47
Section 19. On-Site Consumption and Cannabis Events...................................................... 49
Section 20. Transportation of Cannabis Products. ............................................................... 49
Section 21. Foreign Cannabis Business Licenses................................................................. 50
Section 22. Independent Third-Party Laboratories Operating within the Community’s
Indian Country. ....................................................................................................................... 51
Section 23. Miscellaneous Provisions. ................................................................................. 51
Section 1.
Short Title. This Ordinance shall be known and may be cited as the Prairie
Island Indian Community Cannabis Regulatory Ordinance.
Section 2.
Statement of Purpose, Findings, and Authority.
a. Purpose.
1. This Prairie Island Indian Community Cannabis Regulatory Ordinance regulates
matters relating to commercial cannabis, and those matters incidental to the
effective regulation of commercial cannabis, including but not limited to, the use,
possession, cultivation, production, sale, and transport of cannabis products within
the Community’s Indian Country.
2. This Ordinance consolidates all regulatory responsibility related to commercial
cannabis in the Prairie Island Indian Community Cannabis Regulatory
Commission, an agency of the Community, in order to further the economic
development and health, safety and welfare goals of the Community.
b. Findings. On August 29, 2013, United States Deputy Attorney General James M.
Cole issued a memorandum instructing United States attorneys not to interfere with
cannabis activities operating under state-sanctioned regulatory and enforcement
systems, provided such systems effectively address eight specific federal priorities.
On October 28, 2014, United States Department of Justice Director Monty Wilkinson
issued a similar memorandum extending the prosecutorial guidance under the
memorandum of August 29, 2013, to cannabis activities in Indian country. Namely,
federal prosecutors were generally instructed not to prosecute cannabis activities
where state or tribal regulatory systems specifically address:
1. the prevention of the distribution of marijuana to minors;
2. the prevention of revenue from the Sale of marijuana from going to criminal
enterprises, gangs, and cartels;
3. the prevention of the diversion of marijuana from states where it is legal under
state law in some form to other states;
4. the prevention of state-authorized marijuana activity from being used as a cover or
pretext for the trafficking of other illegal drugs or illegal activity;
5. the prevention of violence and the use of firearms in the cultivation and
distribution of marijuana;
6. the prevention of drugged driving and the exacerbation of other adverse public
health consequences associated with marijuana use;
7. the prevention of the growing of marijuana on public lands and the attendant
public safety and environmental dangers posed by marijuana production on public
lands; and
8. the prevention of marijuana possession or use on federal property.
Although former Attorney General Jefferson Sessions rescinded the memoranda of
Attorney General Cole and Director Wilkinson on January 4, 2018, current Attorney
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General Merrick Garland stated in his March 1, 2023, testimony before the United
States Senate that the Department of Justice’s marijuana policy will harken back to
when then-Deputy Attorney General Cole issued his memorandum of August 29,
2013. Based on the Department of Justice’s current stance, and the furthering
proliferation of cannabis activities under state and tribal regulatory systems, the
Community shall continue to consider the eight federal priorities of the memoranda of
Attorney General Cole and Director Wilkinson as guidance for the legalization of
cannabis activity within the Community’s Indian Country.
c. Authority. [reserved]
Section 3.
Definitions.
a. “Adult Use Cannabis Concentrate” means: (1) the extracts and resins of a marijuana
plant or flower; (2) the extracts or resins of a marijuana plant or flower that are
refined to increase the presence of targeted cannabinoids; or (3) a product that is
produced by refining extracts or resins of a marijuana plant or flower and is intended
to be consumed by combustion or vaporization of the product and inhalation of
smoke, aerosol, or vapor from the product, and is produced, distributed, and sold in
compliance with this Ordinance. This includes adult use cannabis concentrates that
are acquired from a state licensed cannabis business, or a cannabis business licensed
by another Indian tribe.
b. “Adult Use Cannabis Edible” means any product that is intended to be eaten or
consumed as a beverage by humans and contains Adult Use Cannabis Concentrate in
combination with food ingredients that is produced, distributed, and sold in
compliance with this Ordinance. This includes adult use cannabis edibles that are
acquired from a state licensed cannabis business, or a cannabis business licensed by
another Indian tribe.
c. “Adult Use Cannabis Flower” means the harvested flower, bud, leaves, and stems of a
marijuana plant that is cultivated, processed, manufactured, distributed, and sold in
compliance with this Ordinance. This includes adult use cannabis flower that is
acquired from a state licensed cannabis business, or a cannabis business licensed by
another Indian tribe.
d. “Adult Use Cannabis Product” means marijuana flower, concentrate, and edibles that
are cultivated, produced, distributed, and sold in compliance with this Ordinance.
This includes adult use cannabis products that are acquired from a state licensed
cannabis business, or a cannabis business licensed by another Indian tribe.
e. “Approved Cannabis Products” means Cannabis Products approved for production
and Sale by the Commission.
f. “Approved Tribal Cannabis Licensing Agency” means a government agency of an
Indian tribe located within the State and which is responsible for licensing or
otherwise authorizing Cannabis Businesses within its jurisdiction, to which the
Commission has granted licensing reciprocity.
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g. “Batch” means (1) a specific quantity of Cannabis Plants that are Cultivated from the
same seed or plant stock, are Cultivated together, are intended to be harvested
together, and receive an identical propagation and Cultivation treatment; (2) a specific
quantity of Cannabis Flower that is harvested together, is uniform and intended to
meet specifications for identity, strength, purity, and composition, and receives
identical sorting, drying, curing, and storage treatment; or (3) a specific quantity of a
specific Cannabis Product, Cannabis Concentrate, Cannabis Derivative or artificially
derived Cannabinoid that is manufactured at the same time and using the same
methods, equipment, and ingredients that is uniform and intended to meet
specifications for identity, strength, purity, and composition, and that is produced,
packaged, and labeled according to a single batch production record executed and
documented.
h. “Batch Number” means a unique numeric or alphanumeric identifier assigned to a
Batch.
i. “Bulk Sale” means the sale of Commercial Cannabis in substantially Final Form, with
the intent that it will, through one or more intermediaries, be sold to the public
following re-packaging.
j. “Business Day” means any day other than a Saturday, Sunday or a day that is
recognized as a legal holiday by Community Law or formal, written policy.
k. “Cannabinoid” means any of the chemical constituents of Cannabis Plants that are
naturally occurring, biologically active, and act on the cannabinoid receptors of the
brain. Cannabinoid includes but is not limited to tetrahydrocannabinol and
cannabidiol.
l. “Cannabis” shall have the same meaning as “Marijuana” and means all parts of the
plant of any species of the genus cannabis, including all agronomical varieties,
whether growing or not; the seeds thereof; the resin extracted from any part of such
plant; and every compound, manufacture, salt, derivative, mixture, or preparation of
such plant, its seeds or resin, but shall not include the mature stalks of such plant,
fiber from such stalks, oil or cake made from the seeds of such plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of such mature
stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of
such plant which is incapable of germination. Marijuana does not include Hemp.
m. “Cannabis Business” means a Community Cannabis Businesses or a Foreign
Cannabis Business.
n. “Cannabis Concentrate” means Adult Use Cannabis Concentrate and Medical Use
Concentrate, unless the context indicates that a particular provision applies to only
Adult Use Cannabis Concentrate or Medical Use Concentrate.
o. “Cannabis Crop” means one or more Cannabis Plants or plant parts that have not
undergone Processing, other than harvesting, or Manufacturing.
p. “Cannabis Derivative” means any material, substance or product that is, or that
contains, Cannabis, or that is derived from Cannabis Crop, including but not limited
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to, the mature stalks of the plant, fiber produced from the stalks, seeds of the plant,
shake, leaves, or trichome powder, that is not in Final Form.
q. “Cannabis Edible” means Adult Use Cannabis Edible and Medical Use Edible, unless
the context indicates that a particular provision applies to only Adult Use Cannabis
Edible or Medical Use Edible.
r. “Cannabis Event” means any planned marketing, promotional, educational, training
or other social event occurring at or in association with a Community Cannabis
Facility that is (a) open to the general public and (b) offers temporary amenities or
entertainment not ordinarily available at the Community Cannabis Facility, such as
food trucks, outdoor sales kiosks, informational booths and live music.
s. “Cannabis Event License” means the Commission-issued License required to host a
Cannabis Event.
t. “Cannabis Extractor” means a Person engaging in Extraction pursuant to an
Extraction License.
u. “Cannabis Facility Manager” means a Person (a) who provides contractual day-to-day
management, development or consulting services on behalf of a Community Cannabis
Business, and (b) has discretion or control over the business operations of such
Community Cannabis Business and (c) receives compensation of more than $25,000
per year and (d) has one or more of the following characteristics: (i) receives a
percentage of revenues from the Community Cannabis Business, excluding nominal,
performance-based bonuses provided to Persons who would otherwise be considered
Employees; (ii) receives large fees from the Community Cannabis Business
operations not based on extraordinary work or current risk; (iii) has an equity interest
of 10% or more in the Community Cannabis Business or its operations; or (iv) is
designated as a Cannabis Facility Manager by contract between such Person and the
Community Cannabis Business.
v. “Cannabis Flower” means Adult Use Cannabis Flower and Medical Use Flower,
unless the context indicates that a particular a provision applies to only Adult Use
Cannabis Flower or Medical Use Flower.
w. “Cannabis for Personal Use” means Cannabis and Cannabis-containing material that
is not intended for Sale in amounts not to exceed what is permitted by the
Commission in its Regulations.
x. “Cannabis Plant” means all parts of the plant of the genus Cannabis that is growing or
has not been harvested and has a delta-9 tetrahydrocannabinol concentration of more
than 0.3 percent on a dry weight basis.
y. “Cannabis Product” means Adult Use Cannabis Product and Medical Use Cannabis
Product, unless the context indicates that a particular provision applies to only Adult
Use Cannabis Product or Medical Use Cannabis Product.
z. “Cannabis Retail Facility” means a Community Cannabis Facility authorized to
engage in Retail Sales of Cannabis Product to the public pursuant to a Retail License.
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aa. “Cannabis Retailer” means a Person engaging in Retail Sale of Cannabis Product to
the public pursuant to a Retail License.
bb. “Cannabis Seed” means the viable seed of the plant of the genus Cannabis that is
reasonably expected to grow into a Cannabis Plant. Cannabis seed does not include
Hemp seed.
cc. “Commercial Cannabis” means Cannabis, Cannabis Crop, Cannabis Concentrate,
Cannabis Derivative, Cannabis Product, or any combination of the foregoing, as the
context may so indicate; provided, however, that the term Commercial Cannabis does
not include Cannabis for Personal Use or Medical Use.
dd. “Commercial Cannabis Activity” means the Cultivation, Processing, Manufacture,
Distribution, Transport, Extraction, packaging, labeling, storing, permitting of OnSite Consumption, Sale or Commercial Purchase of Commercial Cannabis.2
ee. “Commercial Purchase” means the authorized purchase of Commercial Cannabis in
association with an Industrial Sale or Wholesale.
ff. “Commercial Purchaser License” means the Commission-issued License authorizing
a Foreign Cannabis Business to make Commercial Purchases.
gg. “Commission” means the Prairie Island Indian Community Cannabis Regulatory
Commission, as established under Section 6 of this Ordinance.
hh. “Commissioner” means a member of the Commission, each of whom is an officer.
ii. “Community” means the Prairie Island Indian Community in the State of Minnesota,
a federally recognized Indian tribe.
jj. “Community Cannabis Business” means a Person in possession of a Community
Cannabis Business License, whose licensed business is located within the
Community’s Indian Country.
kk. “Community Cannabis Business License” means a Cultivation License, Processing
License, Extraction License, Manufacturing License, Distribution License, Retail
License, On-Site Consumption License, Cannabis Event License, Transport License,
or any combination thereof.
ll. “Community Cannabis Facility” means a Cultivation Facility, Processing Facility,
Extraction Facility, Manufacturing Facility, Distribution Facility, or Cannabis Retail
Facility.
mm. “Community Council” means the constitutionally authorized governing body of the
Community, also referred to as the “Tribal Council.”
nn. “Community Law” means, in regard to any person, place, thing, action or occurrence
(a) all local laws, rules, ordinances, regulations, codes, licenses and authorizations of
the Community applicable thereto, and (b) all decisions, injunctions, interpretations,
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Note of Amendment: The Community Council adopted a technical amendment to this definition of “Commercial
Cannabis Activity” on June 12, 2024, by Resolution Number 24-6-12-166, to correct a scrivenor’s error to include
“Extraction” as an activity consistent with the Ordinance.
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orders or decrees of any court or other governmental authority of the Community
having jurisdiction over the matter of concern.
oo. “Community’s Indian Country” means the land now held in trust by the United States
for the Minnesota Mdewakanton Sioux Indians, whether within the Prairie Island
Indian Reservation or not, and shall include such other lands as may in the future be
acquired within or without said boundary lines by the Department of the Interior or by
the Community for our use in the State of Minnesota, as set forth in Article II, Section
1 of the Constitution.
pp. “Compact” means a voluntary agreement between the Community and the State
regarding Commercial Cannabis Activity pursuant to Minn. Stat. § 3.9228.
qq. “Cultivation” and the correlative term “Cultivate” means any activity involving the
planting, growing, harvesting, drying, curing, grading, or trimming of Cannabis Plant,
Cannabis Flower, or Cannabis Plant parts.
rr. “Cultivation Facility” means the location where a Community Cannabis Business in
possession of a current and valid Cultivation License is authorized by the
Commission to Cultivate.
ss. “Cultivation License” means the Commission-issued License required to operate a
Cultivation Facility.
“Cultivator” means a Person engaging in Cultivation of Commercial Cannabis
pursuant to a Cultivation License.
tt. “Distributer” means a Person engaging in Distribution of Commercial Cannabis
pursuant to a Distribution License.
uu. “Distribution” and its correlative term “Distribute” means the Commercial Purchase
and Wholesale or Industrial Sale of Commercial Cannabis, and the Transportation
thereof.
vv. “Distribution Facility” means the location where a Community Cannabis Business in
possession of a current and valid Distribution License is authorized by the
Commission to Distribute.
ww. “Distribution License” means the Commission-issued License required to operate a
Distribution Facility.
xx. “Eight Federal Priorities” means the priorities listed in Section 2(b).
yy. “Employee” means a natural person who participates in Commercial Cannabis
Activity on behalf of a Community Cannabis Business or a Cannabis Facility
Manager. Unless expressly stated otherwise, the term “Employee” as used in this
Ordinance includes Key Employees. An “Employee” includes all persons who are
contracted as employees, independent contractors, paid or unpaid interns, volunteers
or any other person in privity of contract with a Community Cannabis Business or a
Cannabis Facility Manager who (i) regularly perform job duties at or within a
Community Cannabis Facility, or (ii) qualifies as a Key Employee, irrespective of
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whether he or she regularly performs job duties at or within a Community Cannabis
Facility.
zz. “Employee License” means the Commission-issued License authorizing an Employee
to perform Commercial Cannabis Activity at a Community Cannabis Facility.
aaa. “Enforcement Action” means an Official Action of the Commission taken pursuant
to an Initiating Report that takes disciplinary action against a Licensee for failing to
comply with this Ordinance or the Regulations, as set forth in Section 9.
bbb. “Extract” and the correlative terms “Extraction” and “Extracting” means the process
of extracting Cannabis Concentrate from Cannabis Plants or Cannabis Flower using
heat, pressure, water, lipids, gases, solvents, or other chemicals or chemical processes.
ccc. “Extraction Facility” means the location where a Community Cannabis Business in
possession of a current and valid Extraction License is authorized by the Commission
to perform Extraction activities.
ddd. “Extraction License” means the Commission-issued License required to operate an
Extraction Facility.
eee. “Federal Property” means any building, land or other real property owned, leased or
occupied by any department, agency or instrumentality of the United States, or any
other instrumentality wholly owned by the United States, excluding property held in
trust by the United States for the benefit of an Indian or Indian tribe.
fff. “Final Form” refers to Cannabis Product that is packaged and labeled as it will be
Sold at Retail to a consumer.
ggg. “Foreign Cannabis Business” means a Cannabis Business that is located outside of
the Community’s Indian Country or otherwise does not qualify as a Community
Cannabis Business.
hhh. “Foreign Cannabis Business License” means a Vendor License, Commercial
Purchaser License, Transport License, or any combination thereof.
iii. “Gaming Commission” means the Tribal gaming commission responsible for
oversight of the Gaming Enterprise, including licensing of gaming staff and casino
operations.
jjj. “Gaming Enterprise” means the Treasure Island Resort & Casino and any and all
related businesses, and any new Community business that is considered gaming
activity under the Indian Gaming Regulatory Act (IGRA).
kkk. “Hemp” means the plant cannabis sativa L. and any part of the plant, whether
growing or not, including the plant's seeds, and all the plant's derivatives, extracts,
Cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with
a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry
weight basis.
lll. “Illicit Organization” means any organization that operates in contravention of
Community Law, or in contravention of state or federal law not in conflict with
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Community Law, including but not limited to criminal enterprises, gangs, cartels or
other organizations participating in, or aiding and abetting, criminal activity.
mmm. “Immature Cannabis Plant” means a Cannabis Plant that is nonflowering and is
shorter and narrower than 18 inches.
nnn. “Independent Third-Party Laboratory” means a third-party scientific laboratory
certified by the International Organization for Standardization IEC 17025 standards,
or any successor or replacement standards thereof, and which is capable of
conducting potency and quality assurance testing on Commercial Cannabis in
accordance with the requirements of this Ordinance and the Regulations.
ooo. “Industrial Sale” means the Sale of Commercial Cannabis not in Final Form, none
of which may be sold without further Processing or Manufacturing.
ppp. “Infuse” and the correlative term “Infusion” means to utilize a process by which
Cannabis, Cannabinoids, Cannabis Derivative, or Cannabis Concentrate is directly
incorporated into a product formulation to produce a Manufactured Cannabis Product.
qqq. “Initiating Report” means the Commission report described in Section 9(e) of this
Ordinance.
rrr. “Investigation Report” means the Commission report described in Section 9(d) of
this Ordinance.
sss. “Key Employee” means an Employee who has day-to-day management
responsibilities over the staff, finances, inventory or business operations of a
Community Cannabis Business. By way of example, and not by limitation, Key
Employees include the general and assistant managers of a Community Cannabis
Business and, if otherwise not included, the two most highly compensated Employees
of a Community Cannabis Business. Key Employees also include any Employee who
is determined as such by the Commission, including by request of a Community
Cannabis Business.
ttt. “License” means a license issued by the Commission under this Ordinance,
authorizing a Person to participate in certain Commercial Cannabis Activity as
controlled by their license type and any associated endorsements.
uuu. “Licensee” means a Person in possession of a current and valid License.
vvv. “Limited Access Area” means any area of a Community Cannabis Facility that is
restricted to Licensees.
www. “Manufacture” and the correlative terms “Manufactured” and “Manufacturing”
shall mean the production, packaging, and labeling of Cannabis Products into Final
Form through Infusion or other means.
xxx. “Manufacturer” means a Person engaging in the Manufacture of Commercial
Cannabis pursuant to a Manufacturing License.
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yyy. “Manufacturing Facility” means the location where a Community Cannabis
Business in possession of a current and valid Manufacturing License is authorized by
the Commission to Manufacture.
zzz. “Manufacturing License” means the Commission-issued License required to operate
a Manufacturing Facility.
aaaa. “Medical Card” means an identification card issued by a state, county, tribe, or
other legitimate governmental organization verifying a Person’s legitimate medical
need to purchase, possess and transport Cannabis and Cannabis Product.
bbbb. “Medical Use” means individual consumption of Cannabis Product for a legitimate
medical need as established by a Medical Card.
cccc. “Official Action of the Commission” shall be a final and official action of the
Commission taken in accordance with Section 6(d).
dddd. “On-Site Consumption” means the consumption of Cannabis Product at or in
association with a Community Cannabis Facility.
eeee. “On-Site Consumption Facility” means the location where a Community Cannabis
Business in possession of a current and valid On-Site Consumption License is
authorized by the Commission to allow On-Site Consumption.
ffff. “On-Site Consumption License” means the Commission-issued License required to
operate an On-Site Consumption Facility and to allow On-Site Consumption at a
Community Cannabis Facility.
gggg. “Ordinance” means this Prairie Island Indian Community Cannabis Regulatory
Ordinance.
hhhh. “Permitted Cannabis Concentrate” means Cannabis Concentrate approved for
production and Sale by the Commission.
iiii. “Person” means any natural person, corporation, limited liability company, trust,
joint venture, association, company, partnership, governmental authority, or other
entity.
jjjj. “Plant Canopy” means the surface area within a Cultivation Facility that is used at
any time to Cultivate mature, flowering Cannabis Plants. For multiple tier Cultivation,
each tier of Cultivation surface area contributes to the total Plant Canopy calculation.
Calculation of the area of the plant canopy does not include the surface area within
the Cultivation Facility that is used to Cultivate Immature Cannabis Plants and
seedlings.
kkkk. “Process” and the correlative terms “Processed” and “Processing” shall mean to
harvest, trim, dry, cure, grade, store and otherwise prepare Cannabis Plants, Cannabis
Flower, or Cannabis Plant parts for Bulk Sale or Industrial Sale.
llll. “Processing Facility” means the location where a Community Cannabis Business in
possession of a current and valid Processing License is authorized by the Commission
to Process.
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mmmm. “Processing License” means the Commission-issued License required to operate
a Processing Facility.
nnnn. “Processor” means a Person engaging in the Processing of Commercial Cannabis
pursuant to a Processing License.
oooo. “Professional Business Services License” means a Commission-issued License
required for any Person to provide management, consulting, or other professional
business services (other than legal or accounting services) with a value of more than
$25,000 per year to a Community Cannabis Business.
pppp. “Public Lands” means land that is managed by a governmental entity, excluding
land that is held in trust for an Indian or an Indian tribe, unless such land is declared
public land by the Indian tribe with jurisdiction over said land.
qqqq. “Regulations” means any regulations enacted by the Commission in accordance
with this Ordinance.
rrrr. “Resale” means the Sale of a Cannabis Product in Final Form, with the intent that it
will, through one or more intermediaries, be sold to the public without further
Processing, Manufacturing or packaging.
ssss. “Retail” means the Sale of a Cannabis Product in Final Form to the public at a
Cannabis Retail Facility.
tttt. “Retail License” means the Commission-issued License required to operate a
Cannabis Retail Facility.
uuuu. “Sale” and its correlative term “Sell” means Industrial Sale, Wholesale or Retail.
vvvv. “State” means the State of Minnesota.
wwww. “THC Concentration” means percent of delta-9 tetrahydrocannabinol content per
dry weight of any part of the plant cannabis, or per volume or weight of Cannabis
Product, or the combined percent of delta-9 tetrahydrocannabinol and
tetrahydrocannabinolic acid in any part of the plant cannabis regardless of moisture
content.
xxxx. “Transport” and the correlative term “Transportation” means to carry Commercial
Cannabis from inside the Community’s Indian Country to a destination located
outside the Community’s Indian Country, to a location inside the Community’s Indian
Country from an origin located outside the Community’s Indian Country, or to and
from locations within the Community’s Indian Country.
yyyy. “Transport License” means the Commission-issued License authorizing a Person to
Transport Commercial Cannabis in accordance with this Ordinance and the
Regulations.
zzzz. “Tribal” when such term is capitalized in this Ordinance specifically refers to the
Community.
aaaaa. “Tribal Court” means the Prairie Island Mdewakanton Dakota Community Tribal
Court.
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bbbbb. “Tribal Law Enforcement” means the Prairie Island Police Department, or other
entity or persons appointed or otherwise retained by the Community to monitor, carry
out and enforce responsibilities assigned to “Tribal Law Enforcement” under this
Ordinance.
ccccc. “Trim” means the excess sugar leaves, stems, trichomes, and other plant materials
that are removed from Cannabis Flower.
ddddd. “Vendor” means a Foreign Cannabis Business in possession of a current and
valid Vendor License, authorizing such Person to Sell Commercial Cannabis to one or
more Community Cannabis Facilities.
eeeee. “Vendor License” means the Commission-issued License authorizing a Foreign
Cannabis Business to operate as a Vendor.
fffff. “Volatile Solvent” means any solvent that is or produces a flammable gas or vapor
that, when present in the air in sufficient quantities, will create explosive or ignitable
mixtures. Examples of volatile solvents include, but are not limited to, butane,
hexane, and propane.
ggggg. “Wholesale” means Resale and Bulk Sale.
In addition: Medical Use Cannabis Product, Flower, Edible, and Concentrate means any
such product sold to a patient enrolled in the Minnesota Medical Cannabis Registry or
medical cannabis registry of a Minnesota Indian tribe, and may include cannabis products
with THC Concentrations or Cannabinoid profiles approved by the Commission for Sale
to registered patients only.
Section 4.
Applicability. This Ordinance applies to all persons, places, actions and things
within the jurisdiction of the Community.
Section 5.
Hemp Products.
a. This Ordinance grants the Commission regulatory authority over the cultivation,
production and sale of Hemp and products derived from Hemp within the
Community.
b. Until the Commission establishes regulations regarding Hemp cultivation, production
or wholesale distribution, the production and sale of Hemp products in accordance
with State and federal law shall be permitted within the Community without further
regulation.
c. The quantity limitations on possession of cannabis products in this Ordinance do not
apply to Hemp products.
Section 6.
Cannabis Regulatory Commission.
a. Establishment; Purpose; Delegation of Authority.
1. Establishment and Purpose. The Prairie Island Indian Community Cannabis
Regulatory Commission is established as a civil regulatory agency of the
Community having oversight of all Commercial Cannabis-related matters within
the Community’s jurisdiction, through compact, ordinance, Community Council
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resolution, or otherwise. The Commission is an instrumentality of the Community
government, sharing the Community’s sovereign immunity, and nothing in this
Ordinance shall be or be deemed to be a waiver of the Commission’s sovereign
immunity.
2. Delegation of Authority. The Community Council delegates to the Commission
the following authority to:
A. promulgate regulations with respect to the provisions of this Ordinance, and to
amend and repeal such regulations;
B. hire staff or agents, delegate powers to such staff or agents, and to oversee
such staff and agents;
C. impose and administer fees and taxes;
D. [reserved];
E. issue, deny, suspend, revoke, reinstate and renew Licenses as provided in this
Ordinance or the Regulations;
F. audit, inspect and monitor entities licensed under this Ordinance in order to
ensure compliance with this Ordinance and to assess the effectiveness of this
Ordinance and the Regulations;
G. inspect proposed and licensed Community Cannabis Facilities and review all
internal controls, safety and security plans, chemical processing plans,
Cannabis waste disposal plans, hazardous material handling plans and building
plans in relation to the issuance and renewal of Community Cannabis Business
Licenses;
H. establish and enforce disciplinary procedures and impose penalties consistent
with the purposes of this Ordinance, including but not limited to sanctions and
monetary fines;
I. seek counsel from advisors as it may deem necessary, including without
limitation attorneys, accountants, law enforcement specialists, investigators,
industry specialists or consultants, building safety and security specialists and
financial services professionals;
J. enter into contracts with third parties, as reasonably necessary to fulfill the
duties and obligations of the Commission;
K. provide for an internal system of record keeping and storage of records with
adequate safeguards for preserving confidentiality as deemed necessary by the
Commission;
L. conduct, or cause to be conducted, any investigations the Commission
determines necessary and appropriate to confirm a Licensee’s compliance with
this Ordinance and the Regulations;
M. hold hearings at such times and in such places as it may reasonably determine
appropriate pursuant to Section 10 of this Ordinance and the Regulations;
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N. conduct random and scheduled consumer safety testing of Cannabis Products;
O. destroy and dispose of unauthorized, non-conforming, illegal or unusable
Cannabis-containing materials posing a danger to the health and safety of the
general public or the environment;
P. temporarily or permanently remove or ban any Person who poses a risk to the
health and safety of others from any Community Cannabis Facility;
Q. establish and maintain such bank accounts as may be necessary or convenient
to the Commission’s purpose;
R. based on a reasonable and articulable suspicion of a violation of this
Ordinance or the Regulations, briefly detain and perform searches of
Licensees while present in the Community’s Indian Country, and their
personal effects, and to detain such Licensees where a search uncovers
reasonable grounds to suspect that a Licensee is in violation of this Ordinance
or the Regulations for a reasonable period of time and until such Licensee may
be taken into custody by Tribal Law Enforcement;
S. ensure the safety and well-being of the Community, its Community members
and Persons present or located within the Community’s Indian Country, and
that they are not negatively impacted by Commercial Cannabis Activity;
T. investigate and aid in prosecution of any suspicion of wrongdoing relating to
Cannabis activities and any suspected violation of this Ordinance, cooperate
with law enforcement and regulators, and cooperate in the prosecution of
offenders before any court of competent jurisdiction, provided such
cooperation or aid is not contrary to, or could reasonably be expected to result
in a legal determination or prosecution of rights contrary to, Community Law;
U. report suspected violations of Community Law, and suspected violations of
State and federal law not inconsistent with this Ordinance and the Regulations,
to Tribal Law Enforcement;
V. monitor the use of pesticides, herbicides, fungicides, and hazardous materials
in association with Commercial Cannabis Activities, and conduct water
quality, well drown-down and run-off testing in accordance with applicable
law;
W. cooperate with the Community’s environmental department and Tribal
Historic Preservation Office to ensure Commercial Cannabis activities comply
with Community Law relating to the environment and cultural resources, and
other environmental assessments as may be required by the Community
Council;
X. enforce, and pursue violations of, the requirements of this Ordinance and the
Regulations;
Y. exercise all powers incidental, convenient or necessary to enable it to
administer or carry out any of the provisions of this Ordinance; and
13
Z. carry out any other regulatory duties with respect to Cannabis and Cannabisrelated activities as the Community Council shall direct.
3. Retained Authority of the Community Council. The Community Council retains
the authority:
A. to amend this Ordinance; and
B. to approve or veto any taxes or fees imposed by the Commission.
In the performance of its regulatory duties, the Commission is independent and
autonomous from the Community Council. No prior or subsequent review by the
Community Council of any actions of the Commission shall be required or
permitted, except as may be otherwise explicitly provided in this Ordinance.
Notwithstanding the foregoing, the Commission shall be subject to all Community
Law, including generally-applicable administrative policies and procedures that
are not in conflict with this Ordinance.
b. Composition; Election of Members; Term.
1. Members.
A. The Commission shall be composed of one (1) or three (3) members,
appointed by a majority vote of a quorum of the Community Council, and each
member shall hold office so long as they remain qualified as defined in
Section 6(b)(2).
B. If the Commission is composed of one (1) member, such member shall serve
as the Chair and shall, in addition to his or her duties as Chair, perform those
duties incumbent of the Secretary. If the Commission is composed of three (3)
members, the Community Council shall designate members as Chair, ViceChair, and Secretary; and in such instance, the Chair shall preside over
meetings of the Commission, the Vice-Chair shall preside in absence of the
Chair, and the Secretary shall record in writing the minutes of all Commission
meetings and all official actions taken by the Commission.
2. Qualifications and Eligibility.
A. The following individuals may not serve as Cannabis Commissioners:
members of the Community Council or Gaming Commission; members of the
board of directors of any Licensee or Community-owned enterprise that
engages in any Cannabis activity; Employees of any Licensee or Communityowned enterprise that engages in any Cannabis activity; and, any employee of
the Gaming Enterprise.
B. All Cannabis Commissioners must be age 21 or older, pass a background
check no less stringent than that required of a licensed Employee, and, at any
time when the Commission consists of three (3) Commissioners, at least two
(2) of the three (3) Commissioners must be enrolled members of the
Community residing within the State of Minnesota.
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3. Resignation, Removal and Vacancy.
A. A Commissioner may resign at any time, effective immediately or at a
specified later date, by giving written notice to the Community Council.
Commissioners may be removed for cause by a 3/5 majority vote of a quorum
of the Community Council, after a hearing. Cause for removal of a
Commissioner includes, but is not limited to, commission of a felony in any
jurisdiction, a misdemeanor involving fraud, embezzlement, theft by swindle
and/or theft by misrepresentation, breach of confidentiality, dereliction of
duties, or any other cause as provided by this Ordinance.
B. If a Commissioner is elected to the Community Council, the Commissioner
shall immediately resign as Commissioner upon taking the oath of office after
election to the Community Council.
C. Vacancies on the Commission caused by death, disability, resignation,
removal, or election to the Community Council shall be filled by appointment
of the Community Council in the following manner: the President of the
Community Council shall within forty-eight (48) hours of a vacancy appoint
an acting Commissioner to serve until such time as the vacancy may be filled,
unless earlier removed in accordance with this Ordinance. While serving as an
acting Commissioner, such acting Commissioner shall possess all the powers
and privileges of the Commissioner so replaced. The Community Council
shall fill any vacancy occurring in the Commission within thirty (30) days, and
the Commissioner so appointed to fill such vacancy shall serve as
Commissioner for the remaining term of the Commissioner that was replaced,
unless the newly appointed Commissioner is earlier removed in accordance
with this Ordinance.
c. Budget and Compensation.
1. The Commission shall be funded by an annual budget to be prepared by the
Commission for Community Council approval. The Commission budget shall take
into account anticipated revenue from taxes, application and other Commission
fees, and 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.3
2. Commission funding shall be in an amount adequate for the Commission to fulfill
all of its regulatory responsibilities under this Ordinance. The Community Council
may approve requests by the Commission for supplemental budgetary
appropriations as necessary.
3
Note of Amendment: The Community Council adopted a technical amendment to this subsection on June 12, 2024,
by Resolution Number 24-6-12-166, to confirm that the Ordinance does not impose any License fee. The technical
amendment did not change the original meaning of the Ordinance.
15
3. Commissioners shall be compensated in accordance with an approved budget.
Commissioners shall be reimbursed for expenses approved by the Community
Council that they incur in conducting the business of the Commission.
d. Meetings; Actions of the Commission.
1. Commission Actions.
A. At any time when the Commission consists of a single member, all official
actions of the Commission Chair shall be considered Official Actions of the
Commission. Any official action of the Commission Chair shall be
documented in a signed writing or written resolution by the Commission
Chair.
B. At any time when there is more than one Commissioner serving on the
Commission, Official Actions of the Commission shall be effectuated through:
i.
A majority vote of the Commissioners present at a duly held meeting at
which a quorum is present pursuant to Section 6(d)(2); or
ii.
An act or decision made in writing without a meeting setting forth the
action so taken that contains the signatures and written consents of at least
two (2) of three (3) members of the Commission.
C. In addition, the following acts shall be considered Official Actions of the
Commission:
i.
Determination of eligibility for a License; and
ii.
Notice of an Enforcement Action.
2. Meetings.
A. The Commission shall meet as frequently as necessary to discharge its duties,
but in no case less frequently than once a month, at a time and date to be
determined by the Commission.
B. A Commissioner may call a special meeting when necessary. Notice of special
meetings shall be given in writing to each Commissioner, served by first class
mail for delivery at least five (5) Business Days prior to any special meeting,
or by email if the Commissioner agrees in writing to electronic notice. Any or
all of the Commissioners may participate in any meeting by, or conduct the
meeting through, use of any means of communication by which all individuals
participating may simultaneously hear each other during the meeting.
C. Emergency meetings may be held at any time and at any place where all
Commissioners are present.
D. Any Commission business may be transacted at any meeting at which all of
the Commissioners are present, even if held without notice, and any such
meeting shall be held as if the meeting had been called.
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E. A majority of two (2) of three (3) members of the Commission shall constitute
a quorum for the transaction of business at any meeting of the Commission.
F. Each member of the Commission shall have the power to vote on all matters
decided by the Commission. Each Commission member shall have one (1)
vote. The affirmative vote of a majority of two members of the Commission
shall constitute an Official Action of the Commission taken at a meeting.
3. Challenging Actions of the Commission.
A. A Person may challenge an Official Action of the Commission by requesting a
hearing pursuant to Section 10(a). Only Official Actions of the Commission
are subject to review by hearing.
B. A Person may challenge a decision issued by the Commission upon conclusion
of a hearing by appealing to the Tribal Court pursuant to Section 10(b). Only
final hearing decisions issued by the Commission are subject to appeal to the
Tribal Court.
e. Reports. On or before January 31st of each year, the Commission shall provide to the
Community Council an annual report, summarizing its activities during the prior
fiscal year and accounting for all receipts and disbursements. This annual report shall
identify, without limitation, all Licenses that the Commission issued, suspended, or
revoked; all License applications that the Commission denied; all fees that the
Commission collected; all Enforcement Actions that the Commission commenced; all
sanctions that the Commission imposed; and all dates on which any Commission staff
engaged in an investigation of a Licensee and the nature of the investigation. The
Commission may provide the Community Council with additional reports on a more
frequent basis as the Commission concludes is necessary and appropriate.
Section 7.
Possession and Use; Personal Cultivation.
a. Adult Personal Use. An adult age 21 years or older may possess, Cultivate, use,
consume, purchase, and Transport Cannabis for Personal Use, subject to the limitation
set forth in the Prairie Island Indian Community Personal Cannabis Use, Cultivation
and Possession Ordinance. Cannabis Retail Facilities may not Retail Cannabis
Product to any Person in excess of the maximum quantity of Cannabis for Personal
Use allowable under said Ordinance. Possession in excess of the limitations placed
on Cannabis for Personal Use shall be presumed to be possession of Commercial
Cannabis.
b. Possession, Cultivation, and Use by Patients Enrolled in a Medical-Use Registry. The
provisions of this Section apply to patients enrolled in a medical-use registry except
that: (i) any enrolled patient, regardless of age, may possess or use medical cannabis
products; (ii) the Commission may approve the production and Sale of products for
medical use that may have Cannabinoid concentrations above any limits that may
otherwise apply; and (iii) the Commission may, by regulation, allow medical-use
patients to Cultivate Cannabis and possess Cannabis Products in amounts greater than
otherwise permitted under this Ordinance.
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c. Unlicensed Commercial Cannabis Activity Prohibited. No Person is permitted to
participate in Commercial Cannabis Activity or possess Commercial Cannabis within
the Community’s Indian Country without a valid and current License other than a
governmental authority or government official as may be incidental to an official
duty. For the avoidance of doubt, possession of Cannabis within the limitations
placed on Cannabis for Personal Use, or if a patient enrolled in a medical-use registry,
on Medical Use, is not possession of Commercial Cannabis.
d. Unregulated Cannabis Activity Prohibited. Any Commercial Cannabis Activity that is
not specifically addressed in this Ordinance or in the Regulations, now or as each may
be amended in the future, is prohibited.
e. Location Restrictions. Except for the Transportation of Commercial Cannabis
authorized under this Ordinance or in the Regulations, all Commercial Cannabis
Activity must occur at or within a Community Cannabis Facility that has obtained a
License for the Community Cannabis Activity occurring therein. All Commercial
Cannabis must be located within a Community Cannabis Facility or be in the custody
of a Person with a License authorizing possession of Commercial Cannabis, or in the
custody of a governmental authority in possession of Commercial Cannabis pursuant
to an official duty.
f. Drugged Driving. To the extent that such law does not already exist, prior to the
opening of any Cannabis Retail Facility to the public or the licensing of On-Site
Consumption, the Community shall adopt or amend Community Law making
“drugged driving” an offense subject to penalty, and such law shall be in effect at all
times when any Cannabis Retail Facility is open to the public or On-Site
Consumption is permitted.
Section 8.
Licensing.
a. General Provisions.
1. Eligibility. The Commission may grant Licenses to qualified applicants, in its sole
discretion, based on the eligibility of the applicant, and, where applicable, on the
location of the Community Cannabis Business. If an application for a License is
denied, the Commission shall cite in a denial letter the specific reason(s) for the
denial and may, if and where appropriate, allow for resubmission of an application
for reconsideration.
The Commission may issue:
A. Community Cannabis Business Licenses to qualified Persons whose
Community Cannabis Business is, or upon licensing will be, located within the
Community’s Indian Country;
B. Employee Licenses to qualified individuals working for a Community
Cannabis Business;
C. Professional Business Services Licenses to the class of persons identified in
Section 8(c)(4); and
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D. Foreign Cannabis Business Licenses to Persons that are located outside of the
Community’s Indian Country.
2. Term of License. A License issued under this Ordinance shall have a term of one
(1) year. The Commission shall establish by regulation the rules and procedures
for renewal of a License.
b. License Applications.
1. Application Contents. All applicants must submit an application to the
Commission on a form provided by the Commission for such purpose, that must
include the following information:
A. the full legal or business name of the applicant;
B. the physical, postal and electronic mailing address of the applicant and, if
applicable, the full name, postal and electronic mailing address of the
authorized representative submitting the application on behalf of the applicant;
C. the license category or categories and any endorsement(s) sought by the
applicant;
D. the applicant’s social security or tax identification number;
E. if the applicant is a non-natural Person:
i.
its organizational and governing documents (such as its articles of
organization and operating agreement);
ii.
a certificate of status or good standing (or similar document evidencing the
good standing of the applicant) from the jurisdiction under which the
applicant was formed, dated within thirty (30) days prior to the date of
submission of the application;
iii.
the full names of all directors (or equivalent office as applicable to the
legal entity) and management-level employees of the applicant;
F. if the applicant is a natural Person:
i.
a copy of a current and valid government-issued identification that includes
a photograph of the applicant;
ii.
at least three (3) professional references;
iii.
the applicant’s employment history for the last five (5) years;
iv.
all residential addresses of the applicant for the last five (5) years;
v.
a list of any relatives (immediate family (i.e., mother, father, son, daughter,
siblings, husband, wife)) and co-habitants of the applicant who have been
convicted of a felony involving drug-trafficking or money laundering;
vi.
if seeking a Transport License or endorsement, a copy of his or her valid
government-issued driver’s license;
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G. if the applicant is applying for a Community Cannabis Business License:
i.
as applicable, the present or proposed physical address or legal property
description of the Community Cannabis Business;
ii.
operating procedures for the business (including the plans for compliance
with inventory, safety testing, and security) applicable to the License
category sought;
iii.
to the extent not otherwise included in this subsection (H):
iv.
01.
a general description of the location or locations that the applicant plans
to operate, including the planned square footage of planned space for
Cultivation, Wholesale, Processing, Manufacturing, Extracting, Retail
and On-Site Consumption, as applicable;
02.
a copy of the applicant’s business plan showing the expected size of the
business, its marketing and business strategy; anticipated growth;
anticipated number of Employees; a listing of the Commercial
Cannabis anticipated to be Cultivated, Processed, Extracted,
Manufactured, available for Sale and/or Transported, as applicable; the
methods of record keeping; the knowledge and experience of the
applicant and any officer, director, manager, and general partner of the
business; the environmental plan; and other relevant financial and
operational components;
A resolution or other written document, issued by the Community Council,
authorizing the applicant to use a specific parcel or other area of the
Community’s Indian Country for operation of the applicant’s business,
which must identify with particularity the type(s) of Commercial Cannabis
Activity so authorized;
H. if the applicant is applying for an Employee License:
i.
the applicant’s job title and job description;
ii.
a copy of a written offer of employment from a Community Cannabis
Business;
I. if the applicant is applying for a Professional Business Services License, a
description of the services to be provided and evidence of a request for such
services from a Community Cannabis Business (such as an executed contract
or engagement letter);
J. if the applicant is applying for a Foreign Cannabis Business License, proof of
the applicant’s eligibility or authorization to engage in Commercial Cannabis
Activities at its business location consistent with the License and/or
endorsements sought;
K. certification that the applicant will comply with this Ordinance and the
Regulations;
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L. identification of one or more controlling persons or managerial employees as
agents who shall be responsible for dealing with the Commission on all
matters;
M. where deemed necessary by the Commission, a waiver of sovereign immunity,
validly enacted under applicable law, as to the jurisdiction and authority of the
Commission provided in this Ordinance; and
N. any other information that the Commission may require.
2. Application and Renewal Fees. The Commission may establish in its Regulations
application and renewal application fees to be paid in association with
applications for a License or renewal of License.4
c. Licensees.
1. Community Cannabis Business Licensees. The Commission may issue the
following Licenses to a Community Cannabis Business:
A. a Cultivation License, authorizing the permitted activities described in Section
13(a);
B. a Processing License, authorizing the permitted activities described in Section
14(a);
C. an Extraction License, authorizing the permitted activities described in Section
15(a);
D. a Manufacturing License, authorizing the permitted activities described in
Section 16(a);
E. a Distribution License, authorizing the permitted activities described in
Section 17(a);
F. a Retail License, authorizing the permitted activities described in Section
18(a);
G. an On-Site Consumption License, authorizing the permitted activities
described in Section 19(a);
H. a Cannabis Event License, authorizing the permitted activities described in
Section 19(b); and
I. a Transport License, authorizing the permitted activities described in Section
20(a).
2. Combination License. The Commission may issue a single License with
endorsements to a Community Cannabis Business to operate any combination of
the Cannabis Business categories provided in Section 8(c)(1).
4
Note of Amendment: The Community Council adopted a technical amendment to this subsection on June 12, 2024,
by Resolution Number 24-6-12-166, to confirm that the Ordinance does not impose any License fee. The technical
amendment did not change the original meaning of the Ordinance.
21
3. Employee Licensees. As a condition of employment, all Employees of a
Community Cannabis Business must be in possession of a valid and current
Employee License. In addition, every Key Employee of a Cannabis Business shall
be required to obtain an Employee License with a “Key Employee” endorsement.
Every Employee of a Cannabis Business performing the physical Transport of
Commercial Cannabis on behalf of a Cannabis Business must obtain a
“Transport” endorsement.
To obtain an Employee License, a person must:
A. pass a background check showing that they have not been convicted of a
felony involving violence, or a crime of moral turpitude, as such term shall be
defined in the Regulations, unless the Commission specifically finds that the
Person qualifies for a forgiveness waiver pursuant to criteria established by the
Commission in its Regulations;
B. certify that they will comply with this Ordinance and the conditions of their
License;
C. comply with any other conditions that the Commission may establish in its
Regulations; and
D. comply with applicable Community Law.
4. Professional Business Services Licensees. Any Person that provides management,
consulting, or other professional business services (other than legal or accounting
services) with a value of more than $25,000 per year, to a Community Cannabis
Business, must obtain a Professional Business Services License.
An application for License under this Section for Professional Business Services
not constituting Management Services shall require only the materials and
information under Section 8(b)(1)(A)-(B) and (L)-(O).
5. Foreign Cannabis Business Licensees. The Commission may issue Foreign
Cannabis Business Licenses for the following categories of businesses located
outside of the Community’s Indian Country:
A. a Vendor License, authorizing the permitted activities described in Section
21(a); and
B. a Commercial Purchaser License, authorizing the permitted activities
described in Section 21(b).
In addition, a Foreign Cannabis Business may obtain a Transport License or
endorsement, authorizing the permitted activities described in Section 20(a).
6. Combination Licenses for Foreign Cannabis Businesses. The Commission may
issue a single License with endorsements to operate any combination of the
Cannabis business categories provided in Section 8(c)(5).
22
d. Reciprocity for Tribal and State Licensees.
1. Tribal Licensees. A Person holding, or operating under, a valid cannabis business
license issued by an Approved Tribal Cannabis Licensing Agency within the State
may obtain a Foreign Cannabis Business License, without requiring a background
check and applying for such License on an abbreviated application form provided
by the Commission for such purpose, to engage in Cannabis commerce with a
business licensed under this Ordinance to the extent permitted under the issuing
tribe’s license conditions.
2. State Licensees. A Person holding, or operating under, a valid cannabis business
license issued by the State of Minnesota may obtain a Foreign Cannabis Business
License, without requiring a background check and applying for such License on
an abbreviated application form provided by the Commission for such purpose, to
engage in Cannabis commerce with a business licensed under this Ordinance to
the extent permitted under a compact that is in effect between the Community and
State.
3. Limitations on Reciprocity of Licenses. Notwithstanding the foregoing provisions
of this subsection, no Person may establish a place of business for any category of
Cannabis Business within the Community’s jurisdiction unless licensed under this
Ordinance.
Section 9.
License Suspension, Revocation, and Other Enforcement Actions.
a. Monitoring and Enforcement. The Commission shall actively participate in the
monitoring and enforcement mechanisms set forth in this Section 9 and the
Regulations to ensure all Persons participating in Commercial Cannabis Activity
within the Community’s Indian Country are compliant with this Ordinance, the
Regulations and other Community Law.
b. Grounds for License Suspension, Revocation and Other Enforcement Actions. The
Commission may commence an Enforcement Action against a Licensee who:
1. violates any provision of this Ordinance, the Regulations, or License condition,
including any violation of subsections (2)-(8), below;
2. makes any false representation or statement to the Commission;
3. fails to submit any information or report to the Commission or maintain any
records that are required by this Ordinance, Commission Regulations, the
Licensee’s License, or that are necessary for Commission staff to perform its
duties;
4. maintains any Community Cannabis Facility in an unhealthy, unsafe, insanitary,
or insecure condition;
5. fails to maintain adequate security protocols to prevent the theft or other loss of
Commercial Cannabis in the Licensee’s possession or control;
23
6. knowingly and materially misrepresents to any Person the condition, quality, or
content of any Commercial Cannabis in the possession of or transferred by the
Licensee;
7. obstructs or impedes the performance of the duties of the Commission;
8. is or becomes associated with any Illicit Organization;
9. becomes ineligible to hold a License due to a change in circumstances such that
the Licensee has failed to meet the minimum requirements for a License; or
10. violates applicable State law not in conflict with Community Law.
c. Investigations. The Commission, including any Commissioner or Commission agent
so authorized by the Commission, may conduct investigations upon reasonable
suspicion of a violation of this Ordinance or the Regulations to determine whether
such violation has occurred. In conducting an investigation, the Commission and its
authorized staff may do any of the following:
1. question or interview any Licensee reasonably suspected of a violation of this
Ordinance or the Regulations, and such questioning or interview may, where
warranted, occur at an office designated by the Commission and may be audio or
video recorded;
2. conduct a reasonable search and seizure of any Licensee reasonably suspected of a
violation of this Ordinance or the Regulations and the Licensee’s personal effects
and vehicle while located within the Community’s Indian Country;
3. seize from a Licensee any contraband material, which shall be stored until such
time as it is either provided to law enforcement or disposed of in accordance with
this Ordinance and the Regulations;
4. question or interview any Person regarding a suspected or alleged violation of this
Ordinance or the Regulations, provided no Person (other than Licensee) may be
compelled to participate in such questioning or interview;
5. take the written testimony of any Person, provided no Person (other than a
Licensee) may be compelled to provide such testimony;
6. require the production of any reports, records, and documents that a Licensee is
required to keep in accordance with this Ordinance and the Regulations;
7. take any other action permitted under this Ordinance or the Regulations, such as
conducting emergency inspections of Community Cannabis Facilities; and
8. contact Tribal Law Enforcement, particularly under circumstances where the
foregoing investigation tactics may be insufficient to determine whether a
violation has occurred, or where a Commissioner has a reasonable apprehension
of fear that performing an investigation may cause harm to the Commissioner or
others.
24
d. Investigation Reports.
1. At the conclusion of an investigation, the investigating Commissioner(s), or
Commission agents(s) shall prepare an Investigation Report describing the
motivation for the investigation, the investigatory steps taken, the information and
materials collected and the results of the investigation. If the Investigation Report
concludes that one or more violations of this Ordinance or the Regulations has
occurred, it shall state the violation(s) in the report. Investigation Reports, and any
recordings, writings or other materials gathered during the investigation, shall
only be used as evidence in a hearing or provided to law enforcement to aid in the
bona fide investigation or prosecution of a Person, providing the purpose of such
investigation or prosecution is consistent with Community Law. Any Person who
is not the subject of an investigation may provide information on the condition of
confidentiality and/or anonymity, and the Commission shall keep such
information confidential and/or anonymous unless compelled to disclose such
information by a court of competent jurisdiction.
2. The investigating Commissioner(s) shall present the Investigation Report to the
Commission at a meeting called for that purpose, irrespective of whether the
report determined a violation has occurred. If the Commission, at such meeting,
finds that a violation has occurred it shall call to commence an Enforcement
Action.
e. Commencement of Enforcement Action.
1. An Enforcement Action is commenced by a Commissioner, or Commission agent,
submitting, in writing, an Initiating Report to the Commission.
2. The Initiating Report shall:
A. set forth allegations of the grounds for the Enforcement Action against the
Licensee who is the subject of the Enforcement Action with sufficient
particularity that the Licensee has the ability to identify the grounds for the
Enforcement Action and respond to the allegations;
B. identify the evidence and information that are the grounds for determining that
an Enforcement Action is justified; and
C. identify the sanction(s) and/or remedial action(s) that are appropriate in light
of the allegations against the Licensee.
3. The Commission shall review the Initiating Report at a meeting called for that
purpose and shall vote whether to commence an Enforcement Action against the
subject Licensee.
4. If the Commission determines that a violation can be remedied through remedial
action, without sanction or other disciplinary proceeding, the Commission may
issue a notice of remedial action in lieu of commencing an Enforcement Action.
Any such notice shall include instructions for how the Licensee may take and
report to the Commission on such remedial action, and the consequences for
25
failure to take remedial action, which may include the immediate initiation of an
Enforcement Action.
f. Notice of Enforcement Action. If the Commission determines pursuant to an Initiating
Report that an Enforcement Action is appropriate, the Commission shall provide
written notice to the Licensee that is the subject of the Enforcement Action. The
notice of Enforcement Action shall explain that the Licensee has the right to respond
to the allegations of the Investigation Report, which report shall be attached, and the
notice shall at minimum include:
1. the grounds for suspension, revocation or other sanction;
2. the intended action by the Commission, including the amount of any monetary
fine and the duration of any suspension (including the date on which the
suspension is to commence and the date on which the suspension is to conclude if
a hearing is not requested);
3. whether disciplinary action can be avoided through remedial action, and
instructions for how the Licensee make take such actions and report to the
Commission;
4. a statement that a Licensee that requests a hearing for a suspension or sanction
shall have such disciplinary action automatically tolled during the pendency of the
hearing and any subsequent appeal permitted under the Cannabis Ordinance or the
Regulations;
5. a statement that a Licensee that requests a hearing for a revocation shall have the
status of their License reduced to a suspension, with such License to remain
suspended until the final disposition of the hearing and any subsequent appeal
permitted under the Cannabis Ordinance or the Regulations;
6. a statement informing the Licensee of the date on which written notice to request a
Hearing must be received by the Commission, and that requests received after
such date may only be granted at the Commission’s discretion;
7. a statement that a Licensee that requests a hearing shall have the right to be
represented by counsel of their choosing, but that no counsel shall be provided to
them; and
8. instructions for:
A. the procedure by which the Licensee must request a hearing date with the
Commission to challenge the Enforcement Action; and
B. if the Licensee does not seek to challenge the Enforcement Action, instructions
for how the Licensee may make payment of any monetary fines being assessed
and/or for how the Licensee may reinstate a suspended License at the
conclusion of the disciplinary period.
g. Default. If the party who is the subject of the Enforcement Action does not respond to
the notice, then the Commission may accept as true any allegations contained in the
Initiating Report. It may then decide either to impose a sanction or other penalty on
26
the Licensee based solely on the information presented in the Initiating Report, or to
request or compel the submission of additional information and evidence to the
Commission, based on which the Commission may decide whether to impose a
sanction or other penalty. The Commission shall issue its decision in writing without
unreasonable delay.
h. Sanctions and Other Disciplinary Actions.
1. Available Sanctions. The Commission has authority to impose any sanction or
sanctions that it concludes are necessary and appropriate to punish wrongdoing,
deter further violations of this Ordinance and the Regulations and protect the
integrity of the regulatory system. Sanctions that the Commission may impose
include but are not limited to:
A. suspension or revocation of a License;
B. imposition of a fine against a Licensee up to $5,000 per offence, and $10,000
in aggregate; and
C. requiring the Licensee to complete a remedial action, such as completion of
educational or training courses, remedying an out-of-compliance condition on
the licensed premises, or submission of reports or other information to the
Commission.
2. Suspensions and Revocations. The Commission may, based on good cause,
suspend a License for a maximum of thirty (30) days, or it may revoke a License,
and shall notify the Licensee in writing of the proposed suspension or revocation
and the right of the Licensee to a hearing, along with instructions to schedule such
a hearing. The License shall be suspended or revoked, as applicable, if the
Licensee subject to a notice does not timely request a hearing, or if the
Commission determines the License should be suspended or revoked following
the conclusion of the hearing. If the Commission determines corrective action is
appropriate, it shall notify the Licensee in writing of the violation and describe the
corrective action that must be performed to remedy the violation and establish a
reasonable date by which the violation must be cured. If the violation is not cured
to the satisfaction of the Commission, then the License shall be suspended, and
may be revoked. If a Licensee has its License revoked, it shall be prohibited from
accessing the premises to which such License is appurtenant.
3. Fines. The Commission may impose fines on any Licensee for violation(s) of this
Ordinance. The Commission shall set forth a schedule of fines for violations of the
Ordinance or the Regulations in the Regulations, not to exceed $5,000 per offence
and $10,000 in aggregate.
i. Emergency Enforcement Actions. Any Commissioner, with or without providing
notice of an Enforcement Action pursuant to Section 9(f), may immediately suspend a
License, or suspend operations of any Community Cannabis Facility, for any material
violation or suspected material violation of this Ordinance or the Regulations for no
more than three (3) Business Days, where delay in any such suspension may risk the
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safety and security of the persons or property located within the Community’s Indian
Country, or would otherwise undermine the integrity of Commercial Cannabis
Activity. Within the three (3) Business Day temporary suspension period, the
Commission must decide to either continue the suspension or issue a revocation in
accordance with the procedures described in this Section 9 or lift the suspension. If no
decision is made by the Commission within three (3) Business Days, the suspension
shall be lifted by operation of law. The Commission may authorize the extension of a
suspension issued until completion of a hearing process, or satisfaction of conditions
imposed by the Commission.
j. Reinstatement. The Commission may, at its reasoned discretion, reinstate a License
that has been revoked, provided that a Person shall only be eligible for reinstatement
if:
1. At least six (6) months have passed since the start date of the License revocation;
2. The Person files a petition for reinstatement of eligibility for a License with the
Commission, and said petition, by clear and convincing evidence, demonstrates to
the satisfaction of the Commission that:
A. the Person is eligible for the License under consideration;
B. the Person has reformed, rehabilitated or otherwise overcome the issue(s)
giving rise to the Person’s ineligibility for the License under consideration;
C. reinstating the License will not be detrimental to the integrity of regulated
Commercial Cannabis Activity;
D. the Person has paid all fees, fines and other assessments due to the
Commission; and
E. the Person does not owe any taxes or other debt to the Community.
For suspended Licenses, the Commission shall immediately reinstate the Person’s
License following the conclusion of the suspension period unless such Person
otherwise becomes ineligible for reinstatement under this Ordinance or the
Regulations.
Section 10.
Hearings Before the Commission and Appeals of Commission Decisions.
a. Administrative Hearings.
1. Requesting a Hearing. Any Person may request a hearing to challenge an Official
Action of the Commission within ten (10) days of the date the Commission took
such action, or such other date established by the Commission, by:
A. following the written instructions for requesting a hearing provided by the
Commission in the notice of official action provided to a Licensee by the
Commission; or
B. submitting a request to the Commission in writing that includes, at minimum:
(a) the name and contact of the Person requesting the hearing, (b) the Official
Action of the Commission being challenged, (c) a statement demonstrating a
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reasonable basis for challenging the Official Action of the Commission, and
(d) proof of payment for any filing fees that may be set by the Commission in
the Regulations.
2. Scheduling. If the Licensee timely responds to the notice to challenge the
allegations of any sanctions proposed in the Initiating Report and pays any fee that
the Commission may establish in its Regulations for filing such a response, then
the Commission shall schedule a hearing, which hearing shall be held within thirty
(30) days of the Commission receiving the response from the Licensee. The
Commission shall provide the Licensee with not less than ten (10) days written
notice of the date and time when the hearing will be held.
3. Location. Hearings shall be held at a location within the Community’s Indian
Country and shall be closed to the general public; provided, however, that
members of the Community shall have a right to observe hearings, but shall not
participate or otherwise influence the hearing unless called upon as a character or
testimonial witness. For the avoidance of doubt, members of the Community
Council cannot be compelled to give testimony or otherwise appear at a hearing
unless such member is the subject of the Enforcement Action.
4. Procedure. The Commission may establish procedural rules for hearing by
Commission regulations, provided that such procedures give the subject of the
Enforcement Action a fair opportunity to be represented by counsel, rebut the
allegations against them, and present legal argument and evidence. The
Commission Chair shall preside over the hearing, and shall have the responsibility
and authority to maintain proper decorum during the hearing. The Commission
Chair shall have the authority to remove any person from the room in which the
hearing is occurring if necessary to maintain proper decorum.
5. Evidence. Hearings shall be non-adversarial and shall not be subject to formal
rules of evidence, however both the Licensee and the Commission may present
the following forms of evidence:
A. Oral argument;
B. Witnesses;
C. Affidavits; and
D. Written correspondence and documentation of any kind.
Nothing herein, however, shall prevent the Commission for compelling the
production of documents or witness testimony from Licensees.
6. Legal Standard for Commission Decisions. The Commission shall weigh the
evidence, testimony and exhibits and make its decision on the basis of a
preponderance of the evidence and credibility of the evidence and witnesses.
7. Issuance of Decision. The Commission’s decision shall be issued in writing within
thirty (30) days of the hearing, and the decision shall include a statement of facts
and a statement of legal authority on which the decision is based. Each decision
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shall be delivered to the party for whom the hearing was held and shall include
information and instructions for appealing the decision.
b. Appeals.
1. Any hearing decision of the Commission may be appealed to the Tribal Court.
Any such appeal must be filed in the Tribal Court in accordance with Tribal Court
processes, with a copy to the Commission, within thirty (30) days after the
decision of the Commission is issued, unless a different time frame is otherwise
specified or required by applicable Commission regulations. After the filing of a
notice of appeal, the Commission shall prepare and submit to the Tribal Court
within fifteen (15) days the administrative record of the relevant Commission
hearing.
2. The parties to the appeal, the person appealing the decision of the Commission
and the respondent Commission, shall have the opportunity to submit written
arguments on the issues presented by the appeal and, in the discretion of the Tribal
Court, participate in hearing or oral argument before the Tribal Court.
3. The Tribal Court shall review the Commission’s decisions de novo on questions
of law and for clear error on questions of fact. The Tribal Court is authorized to
reverse a decision made by the Commission only where the court finds that: (a)
the Commission’s decision was unreasonable, arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with applicable law; (b) the
Commission exceeded its jurisdiction, authority, or limitations under applicable
Community Law; or (c) the Commission’s decision is unsupported by substantial
evidence or unwarranted by the facts presented, either orally or substantively.
4. The Tribal Court’s rulings shall be subject to further appeal on the same basis as
any other civil action in Tribal Court.
Section 11.
Quality and Inventory Control.
a. Testing Required. Commercial Cannabis sold within the Community’s Indian
Country must pass certain quality control standards that the Commission shall
establish in its Regulations prior to Sale. At minimum, Commercial Cannabis sold
within the Community’s Indian Country must be tested by an Independent ThirdParty Laboratory, as appliable for the type of Commercial Cannabis Sold, for:
1. Cannabinoid concentrations;
2. foreign materials, insects and larvae;
3. microbial impurities;
4. heavy metals;
5. pesticides residual;
6. moisture content and water activity;
7. residual solvents and processing chemicals; and
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8. terpenoids.
b. Testing Procedures and Laboratory Requirements. The Commission shall establish
testing procedures and acceptable testing laboratory requirements in the Regulations.
c. Packaging and Labeling. The Commission shall establish labeling and packaging
requirements for all Commercial Cannabis in its Regulations. For Cannabis Product,
those requirements shall, at minimum, address the following criteria:
1. requirements for child resistant packaging;
2. potential adverse health and use warnings;
3. ingredients contained within the Cannabis Product;
4. THC Concentration;
5. information regarding dosage or serving size; and
6. process or production Batch Numbers.
d. Inventory Control Plan. Every Community Cannabis Business shall maintain an
inventory control and tracking system that meets the requirements the Commission
shall establish in its Regulations. At minimum, the inventory control and tracking
system must be able to monitor and report information regarding:
1. insofar as is practicable, the chain of custody and current whereabouts, in real
time, of Commercial Cannabis, including:
A. the source of all Commercial Cannabis within the Community’s Indian
Country through Cultivation, Processing, Extraction, Manufacturing (as
applicable); and to
B. its final disposition, including as:
i.
Cannabis waste, disposed in accordance with this Ordinance and the
Regulations;
ii.
Wholesale or Industrial Sale, including Transportation to a specific
location outside of the Community; or
iii.
Retail Sale.
2. a real time accounting of the total amount of Commercial Cannabis sold; and
3. such other information as the Commission may require.
Nothing in this subsection prohibits a Community Cannabis Business from co-owning
an inventory control and tracking system in cooperation with another Community
Cannabis Business, or sharing the information obtained therefrom.
e. Audits and Random Sampling. Community Cannabis Businesses shall be subject to
random and scheduled inventory audits and quality control sample testing of
Commercial Cannabis by the Commission or its delegee for quality assurance. The
Commission shall set forth procedures for inventory audits and quality control sample
testing of Commercial Cannabis in the Regulations.
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Section 12. Facility and Operational Standards Applicable to All Community
Cannabis Facilities.
a. Community Cannabis Facility Standards Generally. The following requirements
apply to all Community Cannabis Facilities:
1. Community Cannabis Facility operations must be conducted within a structure
that is kept in good repair and adequately ventilated, with odor-control measures
for external venting adequate for the activities and operations conducted therein.
2. Community Cannabis Facilities must comply with storm-water, wastewater, and
other requirements of Community Law.
3. Community Cannabis Facilities must have and maintain a water supply sufficient
for its operations and derived from a source that is a government-regulated water
system. Private water supplies may be utilized if derived from a water source that
is capable of providing a safe, potable, and adequate supply of water to meet the
Community Cannabis Facility’s needs.
4. Community Cannabis Facilities must have and maintain plumbing of adequate
size and design, installed and maintained to carry sufficient quantities of water
and properly convey sewage and liquid disposable waste from the Community
Cannabis Facility. There shall be no cross-connections between the potable and
wastewater lines.
5. Community Cannabis Facilities shall provide Employees with adequate and
readily accessible toilet facilities that are maintained in a sanitary condition and
good repair.
6. Community Cannabis Facilities must have and maintain hand-washing facilities
that provide effective hand-cleaning and sanitizing preparations and sanitary towel
service or suitable drying devices. The hand-washing facilities must be located
convenient to where operations are conducted that require Employees to wash
and/or sanitize their hands.
7. Community Cannabis Facilities must comply with any additional requirements of
the Commission, whether broadly applicable or specific to a License type.
b. Community Cannabis Facility Operational Standards. The following requirements
apply to operations in all Community Cannabis Facilities:
1. All operations must be conducted in a manner that does not adversely affect the
health or safety of Employees, or the facility in which operations occur, or nearby
properties through creation of mold, mildew, dust, glare, heat, noise, noxious
gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous because
of the use or storage of materials, processes, products, or wastes.
2. All Persons working in direct contact with Cannabis shall conform to hygienic
practices while on duty, including but not limited to maintaining sufficient
personal cleanliness.
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3. Any Person who, by medical examination or supervisory observation, is shown to
have, or appears to have, an illness, open lesion, including boils, sores, or infected
wounds, or any other abnormal source of microbial contamination for whom there
is a reasonable possibility of contact with Cannabis shall be excluded from any
operations which may be expected to result in such contamination until the
condition is corrected.
4. All buildings, fixtures, and other facilities shall be maintained in a safe and
sanitary condition.
5. Cannabis shall be stored in a manner that prevents the growth of bacterial or
fungal contaminants.
6. Community Cannabis Facility operations, including the receiving, inspecting,
Transport, segregating, preparing, Processing, Extraction, Manufacturing,
packaging, and storing of Cannabis and Cannabis Products, shall be conducted in
accordance with sanitation measures adequate to ensure the safety of the
Employees and products.
7. Cannabis waste shall be disposed of so as to minimize the development of odor
and minimize the potential for such waste becoming an attractant, harborage, or
breeding place for pests. Litter and waste shall be properly removed and the
operating systems for waste disposal shall be maintained in an adequate manner so
that they do not constitute a source of contamination in areas where Cannabis is
exposed.
8. Community Cannabis Facility operations must additionally comply with any
additional requirements of the Commission, whether broadly applicable or
specific to a License type.
c. Community Cannabis Facility Safety and Security Standards. A Community Cannabis
Facility licensed under this Ordinance shall provide and maintain adequate security
for its facilities, which shall include at a minimum the following:
1. All Employees shall be required to hold and properly display a current
identification badge issued by the Commission at all times. Proper display of the
badge shall consist of wearing the badge in a plainly visible manner, at or above
the waist, and with the photo of the holder visible. The holder shall not alter,
obscure, damage, or deface the badge in any manner.
2. Security surveillance cameras shall be installed and maintained in good working
condition to monitor the main entrance and exterior of all facilities to discourage
loitering, crime, illegal, or nuisance activities, under such standards as the
Commission shall establish in its Regulations.
3. Professionally monitored robbery alarm and burglary alarm systems shall be
installed and maintained in good working condition, under such standards as the
Commission shall establish in its Regulations.
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4. Professionally monitored fire alarm and fire suppression systems shall be installed
and maintained in good working condition, under such standards as the
Commission shall establish in its Regulations.
5. At all times, Community Cannabis Facilities shall adhere to the requirements for
staffing security personnel promulgated under the Commission’s Regulations.
6. All points of ingress and egress shall have commercial-grade, nonresidential door
locks, under such standards as the Commission shall establish in its Regulations.
7. A Community Cannabis Facility must additionally comply with any additional
safety or security requirements of the Commission, whether broadly applicable or
specific to a License type.
d. Standards Specific to the Eight Federal Priorities. All Community Cannabis Facilities
shall adhere to the rules, policies and procedural guidelines of this subsection.
1. Prevention of the Distribution of Marijuana to Minors. To prevent the distribution
of Marijuana to minors:
A. No Community Cannabis Facility may be located within a distance established
by the Commission in its Regulations of any school, youth activity center,
recreation center or any other youth-centered organization or operation. The
distance established in the Regulations shall be calculated as the horizontal
distance measured in a straight line from the property line of the school, youth
activity center, recreation center or any other youth-centered organization or
operation to the closest property line of the Community Cannabis Facility,
without regard to intervening structures.
B. No Person under twenty-one (21) years of age will be permitted to work in a
Community Cannabis Facility, or to otherwise participate in Commercial
Cannabis Activity.
C. Unless done pursuant to a medical exception, no Community Cannabis
Facility may Sell or otherwise distribute any Cannabis to a Person under
twenty-one (21) years of age.
D. No Community Cannabis Facility shall post any advertising regarding the use,
possession or Sale of Cannabis within a distance established by the
Commission in its Regulations of any school, public park, transit center,
arcade, “attractive nuisance” or other area where children are customarily
present.
E. No Community Cannabis Facility shall use any advertising depicting any
Person under the age of twenty-one (21) or containing any imagery that may
be appealing to children.
2. Prevention of Revenue from the Sale of Marijuana from Going to Criminal
Enterprises, Gangs, and Cartels. To prevent the distribution of revenue from the
Sale of Marijuana from going to criminal enterprises, gangs, and cartels:
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A. No Community Cannabis Business shall knowingly employ, obtain services
from, or otherwise provide compensation to, any Person who is either openly
associated with, or who it reasonably suspects to be associated with, any Illicit
Organization.
B. No Community Cannabis Business shall receive or provide any financial
support, whether in cash, assets, credit, consignment or the like, from any
Person that is, or is reasonably suspected by the Community Cannabis Facility
to be, associated with any Illicit Organization.
C. All Community Cannabis Businesses shall be required to maintain books and
records sufficient to audit and discover any prohibited financial support in
association with Commercial Cannabis Activity.
3. Prevention of the Diversion of Marijuana from State or Tribal Jurisdictions Where
it is Legal Under Some Form to Other State or Tribal Jurisdictions. To prevent the
diversion of Marijuana from state and tribal jurisdictions where it is legal or
otherwise permitted under some form to other state and tribal jurisdictions where
such Marijuana is illegal or otherwise not permitted, Community Cannabis
Facilities shall have policies and procedures in place ensuring:
A. any Person receiving Commercial Cannabis delivered by the Community
Cannabis Facility is licensed or otherwise permitted to accept such
Commercial Cannabis under applicable law for the purpose for which it was
received; and
B. any Person delivering Commercial Cannabis to a Community Cannabis
Facility is licensed or otherwise permitted to deliver such Commercial
Cannabis under applicable law for the purpose for which it was delivered.
In applying this subsection, illegality or prohibition shall not be determined solely
on the basis of possession or non-possession of a government-issued license if the
export or import is otherwise determined to be permitted under this Ordinance and
the Regulations, as determined by the Commission.
4. Prevention of State-Authorized or Tribally-Authorized Marijuana Activity from
Being Used as a Cover or Pretext for the Trafficking of Other Illegal Drugs or
Illegal Activity. To prevent state-authorized or tribally-authorized Marijuana
activity from being used as a cover or pretext for the trafficking of other illegal
drugs or illegal activity, all Community Cannabis Facilities shall:
A. obtain from their Employees, as a condition of their employment, informed
consent to (a) video surveillance and (b) reasonable searches of their person
and property while in and around the facility; and
B. cooperate with the Commission in its conduct of random and scheduled
inspections.
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5. Prevention of Violence and the Use of Firearms in the Cultivation and
Distribution of Marijuana. To prevent violence and the general use of firearms in
the Cultivation and Distribution of Marijuana:
A. Only security personnel authorized to carry firearms in accordance with
standards established in the Regulations, and law enforcement personnel
acting in their official capacity, shall be permitted to possess or use firearms
within a Community Cannabis Facility.
B. Community Cannabis Facilities may only employ security personnel that have
received conflict training commensurate with industry standards.
C. Community Cannabis Facilities shall establish policies and procedures for
when and how security personnel should contact Tribal or other law
enforcement.
D. No person exhibiting erratic or violent behavior shall be permitted to enter a
Community Cannabis Facility.
6. Prevention of Drugged Driving and the Exacerbation of Adverse Public Health
Consequences Associated with Marijuana Use. To prevent drugged driving and
the exacerbation of adverse public health consequences associated with Marijuana
use:
A. Employees of a Community Cannabis Facility shall not consume, or otherwise
be under the influence of, Cannabis while performing their job duties.
B. All Community Cannabis Facilities shall immediately notify the Commission
of any accident, injury, safety issue, spill, potential environmental
contamination, or any other mishap relating to Commercial Cannabis Activity
that could risk the health and safety of the public or the environment.
C. No Community Cannabis Facility shall allow for the consumption of Cannabis
Product in or at a Community Cannabis Facility, unless such facility is
licensed for On-Site Consumption, or such consumption is otherwise permitted
during a Cannabis Event in accordance with the Regulations.
7. Prevention of Growing Marijuana on Public Lands and the Attendant Public
Safety and Environmental Dangers Posed by Marijuana Production on Public
Lands.
A. No Community Cannabis Facility shall conduct Commercial Cannabis
Activity on Public Lands.
B. No Community Cannabis Facility shall engage in Commercial Cannabis
Activity that may pose a significant risk to public safety, or which poses a
significant risk to the environment, including the use of pesticides, herbicides,
fungicides, and hazardous materials in a manner prohibited by the Regulations.
8. Prevention of Marijuana Possession or Use on Federal Property. No Community
Cannabis Facility shall conduct Commercial Cannabis Activity on Federal
Property, as such term is defined in this Ordinance.
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e. Operating Procedures.
1. Written Operating Procedures Required. Each Community Cannabis Business
shall establish written operating procedures for its Community Cannabis Facility,
which must be approved by the Commission as a condition of obtaining a
Community Cannabis Business License. At minimum, the operating procedures
must provide for compliance with Sections 12(a)-(d), and include the additional
following information:
A. the hours and days of the week the Community Cannabis Facility will be open,
including, where applicable, the hours that the Cannabis Facility is open to the
general public;
B. the number of Persons per shift who will be working at the Community
Cannabis Facility;
C. hiring and employment practices;
D. employee training programs;
E. visitor and vendor protocols;
F. cash handling rules and procedures;
G. network security protocols;
H. plans and procedures for compliance with the facility security requirements
under this Ordinance and the Regulations;
I. standards and procedures for the screening and intake of Commercial
Cannabis upon delivery to a Community Cannabis Facility and, where
applicable, the evaluation and Transport of Commercial Cannabis from a
Community Cannabis Facility to another destination;
J. packaging and labeling practices and procedures;
K. plans and procedures for Cannabis waste management;
L. plans and procedures for compliance with the Commercial Cannabis safety
testing and quality control requirements under this Ordinance and the
Regulations;
M. plans and procedures for compliance with the inventory requirements under
this Ordinance and the Regulations; and
N. any other information required by the Commission in its Regulations or which
the Commission may request during the application review process.
2. A copy of all operating procedures must be maintained at every Community
Cannabis Facility.
3. A Community Cannabis Business may amend its operating procedures subject to
the following conditions:
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A. 30-days advance notice, and subject to Commission approval, for any changes
relating to any procedures required under Section 12(e) of this Ordinance or
the Regulations.
B. Advance notice is not required for changes relating to procedures that are not
required under Section 12(e), but the Community Cannabis Business must
promptly provide the Commission with a copy of any such changes, and the
Commission shall have the right to reject or require further modification to any
such changes by written notice sent to the Community Cannabis Business
within thirty (30) days of the Commission’s receipt of the Community
Cannabis Business’s proposed changes.
Section 13.
Commercial Cultivation.
a. Permitted Activities.
1. A Cultivation Facility may:
A. purchase Cannabis Seed and Immature Cannabis Plants;
B. plant and grow Cannabis Plants from Cannabis Seed or Immature Cannabis
Plant to mature Cannabis Plant;
C. harvest, dry, cure, grade, trim and store Cannabis Plants and Cannabis Flower;
D. package and label Cannabis Crop, Immature Cannabis Plants, seedlings and
Cannabis Flower for Industrial Sale and Wholesale to other Cannabis
Businesses;
E. submit Cannabis Cultivated or received at the Cultivation Facility to an
Independent Third-Party Laboratory for quality assurance testing;
F. dispose of or destroy Cannabis waste in compliance with this Ordinance and
the Regulations; and
G. perform other actions approved by the Commission in its Regulations or
License endorsement.
2. A Cultivator may Cultivate up to 30,000 square feet of Plant Canopy at an indoor
Cultivation Facility; provided, however, the Commission may increase the Plant
Canopy limits or allow for outdoor Cultivation by Regulation or License
endorsement.
3. A Cultivator may, without obtaining an additional License or endorsement, Sell
Cannabis Crop, Immature Cannabis Plants, seedlings and Cannabis Flower at
Wholesale or as an Industrial Sale to other Community Cannabis Businesses as
authorized by such business’s License type(s), and insofar as permitted by
applicable law or compact, to Foreign Cannabis Businesses licensed by other
tribal governments or the State.
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b. Facility and Operational Standards.
1. Facility Standards. In addition to the standards described in Section 12(a), the
following requirements apply to Cultivation Facilities:
A. Cultivation Facilities must have and maintain screening or other protection
against the entry of pests.
B. All equipment used in association with the packaging of Cannabis for Sale
must be food-grade, and all counters and surface areas must be constructed in
such a manner that it reduces the potential for the development of microbials
and mold and can be easily cleaned.
2. Operational Standards. In addition to the standards described in Section 12(b), the
following requirements apply to operations in a Cultivation Facility:
A. Pesticide, herbicide, fertilizer, and any other chemicals used by the Cultivation
Facility shall be identified, held, and stored in a manner that protects against
contamination of Cannabis, and in a manner that is in accordance with this
Ordinance and any applicable Tribal, state, or federal law, rule, or regulation.
B. Cultivators shall ensure that all equipment, counters, and surfaces used in
association with the packaging of Cannabis for Sale are thoroughly and
routinely cleaned to avoid contamination.
c. Operating Procedures.
1. Written Operating Procedures Required. In addition to the general requirements
for operating procedures under Section 12(e), each Cultivation Facility shall
establish written operating procedures specific to the Cultivation of Cannabis,
which, at minimum, must include the additional following information:
A. the equipment and methods employed in the Cultivation of the Cannabis;
B. the manner in which all pesticides and other agricultural chemicals, if any, are
to be applied during its Cultivation process;
C. the measures taken to minimize or offset energy use from the Cultivation of
Cannabis;
D. the manner in which chemicals will be stored and used at the premises; and
E. the type and quantity of all effluent discharged into the Community’s
wastewater or storm-water system.
Section 14.
Commercial Processing.
a. Permitted Activities.
1. A Processing Facility may:
A. purchase Cannabis Crop and Cannabis Flower, and dry, cure, grade, trim and
store the same;
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B. package and label Cannabis Flower, including Trim, for Bulk Sale and
Industrial Sale to other Cannabis Businesses;
C. submit Commercial Cannabis Processed or received at the Processing Facility
to an Independent Third-Party Laboratory for quality assurance testing;
D. dispose of or destroy Cannabis waste in compliance with this Ordinance the
Regulations; and
E. perform other actions approved by the Commission in its Regulations or
License endorsement.
2. A Processor may make Sales of Cannabis Flower, including Trim, as Bulk Sales
or as Industrial Sales to other Community Cannabis Businesses as authorized by
such business’s License type(s), and insofar as permitted by applicable law or
compact, to Foreign Cannabis Businesses licensed by other tribal governments or
the State.
b. Facility and Operational Standards.
1. Processing Facility Standards. In addition to the standards described in Section
12(a), the following requirements apply to Processing Facilities: All equipment
used in the Processing of Cannabis must be food-grade, and all counters and
surface areas must be constructed in such a manner that it reduces the potential for
the development of microbials and mold and can be easily cleaned.
2. Processing Operational Standards. In addition to the standards described in
Section 12(b), the following requirements apply to operations in a Processing
Facility: Processors shall ensure that all equipment, counters, and surfaces used in
the Processing of Cannabis are thoroughly and routinely cleaned after each Batch
of Processing activities.
c. Written Operating Procedures Required. In addition to the general requirements for
operating procedures under Section 12(e), each Processing Facility shall establish
written procedures specific to the Processing of Cannabis, which, at minimum, must
include the additional following information: The equipment and methods used in the
Processing of Cannabis, and procedures for adequately training Employees regarding
the use of such equipment and methods.
Section 15.
Commercial Extraction.
a. Permitted Activities.
1. An Extraction Facility may:
A. produce Permitted Cannabis Concentrate, including by means of Extraction,
and store the same;
B. package and label Permitted Cannabis Concentrate, for Industrial Sale or Bulk
Sale to other Cannabis Businesses;
C. purchase Cannabis Crop, Cannabis Flower, Cannabis Derivative and Cannabis
Concentrate;
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D. submit Commercial Cannabis Extracted or received at the Extraction Facility
to an Independent Third-Party Laboratory for quality assurance testing;
E. dispose of or destroy Cannabis waste in compliance with this Ordinance and
the Regulations; and
F. perform other actions approved by the Commission in its Regulations or
License endorsement.
2. A Cannabis Extractor may make Industrial Sales and Bulk Sales of Permitted
Cannabis Concentrate to other Community Cannabis Businesses as authorized by
such business’s License type(s), and insofar as permitted by applicable law or
compact, to Foreign Cannabis Businesses licensed by other tribal governments or
the State.
b. Facility and Operational Standards.
1. Extraction Facility Standards. In addition to the standards described in Section
12(a), the following requirements apply to Extraction Facilities:
A. The space in which any Cannabis Concentrate is to be produced must be a
fully enclosed room and the entry to any such room must be clearly designated
as a location where Cannabis Concentrate is being produced.
B. All equipment used in the production of a Cannabis Concentrate must be foodgrade, and all counters and surface areas must be constructed in such a manner
that it reduces the potential for the development of microbials and mold and
can be easily cleaned.
C. The space in which Cannabis Concentrate is produced must contain an
emergency eye-wash station.
2. Extraction Operational Standards. In addition to the standards described in Section
12(b), the following requirements apply to operations in an Extraction Facility:
A. All chemicals used in the Extraction Facility shall be identified, held, and
stored in a manner that protects against contamination of Cannabis, and in a
manner that is in accordance with this Ordinance and any applicable Tribal,
state, or federal law, rule, or regulation.
B. Extraction operations shall be conducted in accordance with sanitation
measures adequate to ensure the safety of the Employees and the products
produced in the Extraction Facility that are intended for consumption or
topical application, including by way of post-production Infusion.
C. Extraction Facility Licensees must ensure that all equipment, counters, and
surfaces used in the production of a Cannabis Concentrate are thoroughly
cleaned after the completion of each Batch of a Cannabis Concentrate.
D. For any Extraction method that involves the use of Volatile Solvents,
pressurized gas or chemicals, or flammable materials, the Extraction Facility
must, as applicable to the Extraction method:
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i.
use a professional grade, closed-loop Extraction system capable of
recovering the solvent used;
ii.
implement a fume hood, or similar equipment, and exhaust system;
iii.
if a pressurized Extraction system is utilized, ensure that every vessel in
the system is rated to a minimum of nine hundred pounds per square inch;
iv.
store all flammable material used in the production of Cannabis
Concentrate in a storage-tank designed to hold flammable material and is
outside of the room in which Extraction is conducted;
v.
install and maintain a fire-suppression system in the room where
Extraction is conducted;
vi.
install and maintain a hydro-carbon gas and carbon dioxide gas monitoring
system;
vii.
ensure that the room in which Extraction is conducted is a spark-free
environment;
viii.
install and maintain an emergency shower; and
ix.
ensure that all fluids used in the Extraction process are food-grade and
pure.
c. Written Operating Procedures Required. In addition to the general requirements for
operating procedures under Section 12(e), each Extraction Facility shall establish
written procedures specific to Extraction, which, at minimum, must include the
additional following information:
1. Standard operating procedures for each method used to produce a Cannabis
Concentrate.
2. Written quality control procedures designed to minimize any potential risks to
Employees or contamination of Commercial Cannabis.
3. A standard operating procedure for each type of Cannabis Concentrate to be
produced that is designed to maximize Employee safety and minimize potential
contamination of Commercial Cannabis with residual solvents or microbials and
mold.
4. A comprehensive training manual that provides step-by-step instructions for each
method used to produce a Cannabis Concentrate. The training manual must
include, but need not be limited to, all standard operating procedures, quality
control procedures and safety procedures for each method of production,
instructions on the appropriate use and maintenance of all equipment involved in
each process used to create Cannabis Concentrate, and any cleaning required to
comply with all applicable sanitary rules.
5. Procedures for adequate training prior to an individual engaging in the production
of a Cannabis Concentrate. Adequate training must include, but need not be
limited to, providing the appropriate Employee with the training manual and live,
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in-person instruction detailing safety procedures for each method of production,
instructions on the appropriate use and maintenance of all equipment involved in
the process, and any cleaning required to maintain compliance with all applicable
sanitary rules.
6. Procedures for maintaining clear and comprehensive records that document every
phase of each step in the production of each Batch of Cannabis Concentrate,
which must include the name and License number of every Employee that worked
on such Batch.
7. Procedures for how the Cannabis Concentrate will be transported from the
Extraction Facility to a Cannabis Business.
8. The procedure and documentation process for determining patient dosage,
including testing for the major active agents, in the Commercial Cannabis (e.g.,
cannabinoids Tetrahydrocannabinol (THC), Cannabidiol (CBD) and Cannabinol
(CBN)) produced or received at the Extraction Facility.
Section 16.
Commercial Manufacturing.
a. Permitted Activities.
1. A Manufacturing Facility may:
A. produce and store Approved Cannabis Products for adult use, through Infusion
or other means, including Adult Use Cannabis Edibles containing Permitted
Cannabis Concentrates and Adult Use Cannabis Products containing Permitted
Cannabis Concentrates that are intended to be consumed by the inhalation of
vapor; provided, however, that no activities constituting Extraction shall be
permitted in a Manufacturing Facility unless such facility holds an Extraction
License or endorsement and all such Extraction is performed in accordance
with Section 15;
B. purchase Adult Use Cannabis Products, Adult Use Cannabis Concentrates and
Cannabis Derivatives, and store the same;
C. package and label Approved Cannabis Products, including Adult Use
Cannabis Edibles containing the Permitted Cannabis Concentrates and Adult
Use Cannabis Products containing Permitted Cannabis Concentrates that are
intended to be consumed by the inhalation of vapor, for Wholesale to other
Cannabis Businesses;
D. submit Commercial Cannabis to an Independent Third-Party Laboratory for
quality assurance testing;
E. dispose of or destroy Cannabis waste in compliance with this Ordinance and
the Regulations; and
F. perform other actions approved by the Commission in its Regulations or
License endorsement, including the purchase and Wholesale of Medical Use
Cannabis Products and Cannabis Concentrates.
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2. A Manufacturer may make Sales of Approved Cannabis Products for adult use at
Wholesale to other Community Cannabis Businesses as authorized by such
business’s License type(s), and insofar as permitted by applicable law or compact,
to Foreign Cannabis Businesses licensed by other tribal governments or the State.
b. Facility and Operational Standards.
1. Manufacturing Facility Standards. In addition to the standards described in
Section 12(a), the following requirements apply to Manufacturing Facilities: All
equipment used in the Manufacturing of Cannabis Products must be food-grade,
and all counters and surface areas must be constructed in such a manner that it
reduces the potential for the development of microbials and mold and can be
easily cleaned.
2. Manufacturing Operational Standards. In addition to the standards described in
Section 12(b), the following requirements apply to operations in a Manufacturing
Facility:
A. All chemicals (which must be non-Volatile Solvents unless the Manufacturer
has an Extraction License and performs any Extraction activities in accordance
with Section 15) used in the Manufacturing process shall be identified, held,
and stored in a manner that protects against contamination of Cannabis, and in
a manner that is in accordance with this Ordinance and any applicable Tribal,
state, or federal law, rule, or regulation.
B. Manufacturing operations shall be conducted in accordance with sanitation
measures adequate to ensure the safety of the Employees and the products
produced in the Manufacturing Facility that are intended for consumption or
topical application, including any product or material intended to be Infused or
otherwise incorporated into a Cannabis Product Manufactured at the
Manufacturing Facility.
C. Manufacturers must ensure that all equipment, counters, and surfaces used in
the production of a Cannabis Products are thoroughly cleaned after the
completion of each Batch of a Cannabis Product.
c. Written Operating Procedures Required. In addition to the general requirements for
operating procedures under Section 12(e), each Manufacturing Facility shall establish
written procedures specific to the Manufacturing of Cannabis Products, which, at
minimum, must include the additional following information:
1. Standard operating procedures for each method used to produce a Cannabis
Product.
2. Written quality control procedures designed to minimize any potential risks to
Employees or contamination of Cannabis Products.
3. A standard operating procedure for each type of Cannabis Product to be produced
that is designed to maximize Employee safety and minimize potential
44
contamination of Commercial Cannabis with residual solvents or microbials and
mold.
4. A comprehensive training manual that provides step-by-step instructions for each
method used to produce a Cannabis Product. The training manual must include,
but need not be limited to, all standard operating procedures, quality control
procedures and safety procedures for each method of production, instructions on
the appropriate use and maintenance of all equipment involved in each process
used to create Cannabis Products, and any cleaning required to comply with all
applicable sanitary rules.
5. Procedures for adequate training prior to an individual engaging in the production
of a Cannabis Product. Adequate training must include, but need not be limited to,
providing the appropriate Employee with the training manual and live, in-person
instruction detailing safety procedures for each method of production, instructions
on the appropriate use and maintenance of all equipment involved in the process,
and any cleaning required to maintain compliance with all applicable sanitary
rules.
6. Procedures for maintaining clear and comprehensive records that document every
phase of each step in the production of each Batch of Cannabis Product, which
must include the name and License number of every Employee that worked on
such Batch.
7. Procedures for how the Cannabis Products will be transported from the
Manufacturing Facility to a Cannabis Business.
8. The procedure and documentation process for determining patient dosage,
including testing for the major active agents, in the Commercial Cannabis (e.g.,
cannabinoids Tetrahydrocannabinol (THC), Cannabidiol (CBD) and Cannabinol
(CBN)) produced or received at the Extraction Facility.
9. Standards for the processing of Cannabis into food and other edibles by cooking,
baking, infusing, or grinding sufficient to ensure that such edibles are free of
contaminants and safe for human consumption or topical application.
Section 17.
Commercial Distribution.
a. Permitted Activities.
1. A Distributer may:
A. make Commercial Purchases of any Commercial Cannabis approved by the
Commission for Wholesale or Industrial Sale distribution by a Distributer;
B. store, at the Distribution Facility, any Commercial Cannabis approved by the
Commission for Wholesale or Industrial Sale distribution by a Distributer;
C. Transport any Commercial Cannabis approved by the Commission for
Wholesale or Industrial Sale distribution by a Distributer, without obtaining a
Transport License or endorsement, provided all such Transportation is done in
accordance with Section 20; and
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D. perform other actions approved by the Commission in its Regulations or
License endorsement.
2. A Distributer may make Sales of any Commercial Cannabis approved by the
Commission for Wholesale or Industrial Sale distribution by a Distributer to other
Community Cannabis Businesses, as authorized by such business’s License
type(s), and insofar as permitted by applicable law or compact, to Foreign
Cannabis Businesses licensed by other tribal governments or the State.
b. Facility and Operational Standards.
1. Distribution Facility Standards. In addition to the standards described in Section
12(a), a Distribution Facility must:
A. be secured and not open to the public;
B. be within a structure that is kept in good repair and adequately ventilated, with
odor-control measures for external venting;
C. have designated areas for loading and unloading Commercial Cannabis that
are obstructed from public view and access;
D. have ventilation, lighting, and climate control adequate to prevent mold,
bacterial contamination or other spoilage of the Commercial Cannabis stored
within;
E. be maintained in a clean and sanitary condition, free from infestation by
insects, rodents, and other pests; and
F. comply with any additional regulations regarding Distribution Facility
standards adopted by the Commission.
2. Distribution Operational Standards. In addition to the standards described in
Section 12(b), the following requirements apply to operations in a Distribution
Facility: Distributers must ensure that all equipment used in association with
Distribution Facility operations are maintained in good working order and, with
regard to any heavy equipment, are routinely inspected for safety.
c. Written Operating Procedures Required. In addition to the general requirements for
operating procedures under Section 12(e), each Distribution Facility shall establish
written procedures specific to the Distribution of Commercial Cannabis, which, at
minimum, must include the additional following information:
1. Written quality control procedures designed to minimize any potential
contamination or spoilage of Cannabis Products.
2. Procedures for adequate training prior to a Person using any mechanical or heavy
equipment in association with Distribution Facility operations. Adequate training
must include, but need not be limited to, providing the appropriate Person with a
training manual and live, in-person instruction detailing safety procedures for the
appropriate use and maintenance of such equipment.
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Section 18.
Retail Sale.
a. Permitted Activities.
1. A Cannabis Retailer may:
A. make Retail Sales of Adult Use Cannabis Products to persons over twenty-one
(21) years of age, but only if such products are packaged, labeled, and tested in
compliance with, and acquired from a Cannabis Business licensed under, this
Ordinance;
B. if properly endorsed by the Commission, make Retail Sales of Medical Use
Cannabis Products, including to Persons under twenty-one (21) years of age
with a current and valid Medical Card and, for Persons under the age of
eighteen (18), accompaniment by a parent or adult guardian at the time of
purchase;
C. make purchases of Cannabis Products at Resale;
D. store Cannabis Products on site;
E. submit Cannabis Products to Independent Third-Party Laboratories for quality
assurance testing;
F. dispose of or destroy Cannabis waste in compliance with this Ordinance and
the Regulations; and
G. perform other actions approved by the Commission in its Regulations or
License endorsement, including repackaging Bulk Sale purchases for Retail.
2. A Cannabis Retailer may not:
A. Sell any Cannabis Products to visibly intoxicated persons; or
B. knowingly Sell any Cannabis Products under circumstances that would permit
the consumer to possess Cannabis Products in excess of the possession limits
established by the Commission in its Regulations.
b. Facility Standards. In addition to the standards described in Section 12(a), the
following requirements apply to Cannabis Retail Facilities:
1. Cannabis Retail Facility Standards.
A. A Cannabis Retail Facility must have a designated retail area where customers
are permitted and which restricts customers from accessing non-public areas of
the facility. The retail area shall include the portion of the premises where
samples of cannabis flower and cannabis products available for Sale are
displayed. All other Cannabis Products in inventory must be stored in a secure
storage area.
B. Cannabis inventory must be secured in a Limited Access Area. The secured
storage area shall have ventilation, lighting, and climate control adequate to
prevent mold, bacterial contamination and spoilage of Cannabis Products. The
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secured storage areas may not be open to, or otherwise accessible by, the
public.
C. A Cannabis Retail Facility must have a Limited Access Area for receiving
deliveries of Cannabis Products.
D. Information technology equipment must be stored in a Limited Access Area.
E. A Cannabis Retail Facility must have designated areas for handling cash
transactions and equipment sufficient for securely storing cash within the
facility.
F. A Cannabis Retail Facility must be maintained in a clean and sanitary
condition, free from infestation by insects, rodents, or other pests.
2. Cannabis Retail Operational Standards. In addition to the standards described in
Section 12(b), the following requirements apply to operations in a Cannabis Retail
Facility:
A. Transfer or Sale of Cannabis Products to retail customers may only be done in
the retail area.
B. Deliveries must be made through a designated Limited Access Area and may
not be accepted through any public access areas.
C. Employees shall not Sell a Cannabis Product to an individual whose
perceptions, attention, coordination, reaction time, and other cognitive skills
appear to be inhibited so much so that a reasonable person would believe their
ability to drive safely is inhibited.
c. Written Operating Procedures Required. In addition to the general requirements for
operating procedures under Section 12(e), each Cannabis Retail Facility shall
establish written procedures specific to the Retail of Cannabis Products, which, at
minimum, must include the additional following information:
1. A description of the age-verification process for all Persons entering the facility.
2. A description of measures implemented to prevent the Sale of Cannabis Products
to intoxicated persons, and the training of Employees to identify, and not to Sell
Cannabis Product to, individual whose perceptions, attention, coordination,
reaction time, and other cognitive skills appear to be inhibited so much so that a
reasonable person would believe their ability to drive safely is inhibited.
3. Internal controls and procedures for handling cash transactions.
4. A description of any customer records acquisition and retention procedures.
5. The process for tracking Cannabis quantities and inventory controls that is
specific to Cannabis Retail.
6. A Retail-specific procedure and documentation process for ensuring that all
Cannabis Products offered for Sale at the facility comply with applicable safety,
packaging, and labeling requirements.
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Section 19.
On-Site Consumption and Cannabis Events.
a. Licensing On-Site Consumption of Adult Use Cannabis Products. The Commission
may promulgate rules and regulations, subject to the minimum requirements provided
in Section 19(c), for the licensing of On-Site Consumption of Adult Use Cannabis
Products at permanent establishments and temporary licensing for On-Site
Consumption events. On-Site Consumption shall not be permitted under Community
Law unless and until such regulations are promulgated by the Commission.
b. Cannabis Event License. The Commission shall allow a Licensee to host a Cannabis
Event, if the Licensee can demonstrate to the satisfaction of the Commission that such
Cannabis Event can be conducted safely, securely and in accordance with this
Ordinance and the Regulations. The Commission shall set forth instructions to apply
for a Cannabis Event License and conditions for approval in the Regulations.
c. Minimum Standards. Any regulations promulgated by the Commission regarding OnSite Consumption of Adult Use Cannabis and Cannabis Events must provide that: (i)
Persons under the age of twenty-one (21) cannot access Cannabis Products; (ii)
Cannabis Products may not be sold to visibly intoxicated persons; (iii) no outside
Cannabis Products may be used or possessed at the site; and (iv) entry to the site is
controlled and the site has adequate safety, security and public health protocols in
place.
Section 20.
Transportation of Cannabis Products.
a. Permitted Activities.
1. A Cannabis Business licensed under this Ordinance may additionally obtain a
Transport License or endorsement permitting the Licensee to:
A. Transport the Commercial Cannabis it is authorized to Sell, provided such
Commercial Cannabis is delivered to a Cannabis Business with a License
permitting it to receive the Commercial Cannabis so delivered, subject to any
conditions or limitations of the Commission in its Regulations; and
B. Transport the Commercial Cannabis it is authorized to Purchase, provided
such Commercial Cannabis is purchased from a Cannabis Business with a
License permitting it to Sell the Commercial Cannabis so purchased.
2. All Persons, including a business entity performing Transportation services on
behalf of a Cannabis Business and all natural Persons performing the physical
transportation of Commercial Cannabis, must be specifically listed on the
Transport License or endorsement and must pass a suitability background check
performed by the Commission, unless such Person qualifies for reciprocal
licensing.
b. Equipment, Facility, and Operational Standards.
1. Vehicles and Equipment. Vehicles used for Transportation of Commercial
Cannabis must:
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A. Be maintained in good working order and in accordance with any standards set
forth by the Commission in its Regulations;
B. Adhere to all restrictions on branding or other markings, including no such
branding or other markings, as established by the Commission in its
Regulations;
C. Comply with all Commission Regulations regarding Commercial Cannabis
security, including regulations regarding: (a) windows; (b) locks; (c) climate
control; (d) alarm systems and GPS or other remote monitoring.
2. Transport Procedures.
A. Delivery and pick-up trips shall be scheduled to avoid any discernible pattern
in route, sequence of stops, and time of pick-up or delivery.
B. A copy of the Transport License or endorsement must be kept in the delivery
vehicle at all times.
C. All Commercial Cannabis shall be transported in accordance with such
standards for packaging as established by the Commission in its Regulations.
D. Each trip shall be staffed in accordance with such minimum requirements as
are established by the Commission in its Regulations.
E. All Commercial Cannabis deliveries must include a bill of lading and such
other documents as may be required by the Commission in its Regulations.
c. Operating Procedures. Each Cannabis Business holding a Transport License or
endorsement shall establish written operating procedures specific for the Transport of
Commercial Cannabis. The operating procedures must include procedures for
compliance with the minimum following information:
1. standards and procedures for securing shipping containers and monitoring that
security while in transit;
2. standards and procedures for allowing government officials to ensure and validate
compliance with this program; and
3. any other measures the Committee considers necessary to ensure the security and
integrity of transporting Commercial Cannabis.
Section 21.
Foreign Cannabis Business Licenses.
a. Vendor License. Any Foreign Cannabis Business Selling Commercial Cannabis to a
Community Cannabis Business must hold a Vendor License.
b. Commercial Purchaser License. Any Foreign Cannabis Business purchasing
Commercial Cannabis from a Community Cannabis Business must hold a
Commercial Purchaser License.
c. Compact May Provide for Recognition of Foreign Cannabis Business License. The
Community Council may agree, by Compact or similar instrument, with the State or
other Tribal Governments, to alternative procedures or processes for license
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reciprocity and any such agreement shall supersede the Foreign Cannabis Busines
License provisions of this Compact.
Section 22. Independent Third-Party Laboratories Operating within the
Community’s Indian Country.
With the concurrence of the Community Council, the Commission may adopt regulations
authorizing the operation of Independent Third-Party Laboratories within the Community’s
Indian Country. No such laboratories shall operate within the Community’s Indian Country
prior to the adoption of such regulations.
Section 23.
Miscellaneous Provisions.
a. Sovereign Immunity. Nothing in this Ordinance shall be or be deemed to be a waiver
of the Community’s sovereign immunity.
b. Severability. If any provision of this Ordinance or its application to any Person or
circumstance is held invalid, the invalidity does not affect other provisions or
applications of this Ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this Ordinance are severable.
c. Amendments and Repeals. This Ordinance may only be amended or repealed by the
Community Council in accordance with the lawmaking procedure of the Community.
d. Conflicts of Law. This Ordinance shall be read in conjunction with other Community
Law; provided however, if there is any conflict between the provisions of this
Ordinance and any other Community Law or a Compact, this Ordinance shall control.
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.