ORDINANCE NO. 2022-04

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ROSEBUD SIOUX TRIBE

ORDINANCE NO. 2022-04

TITLE 17

MARIJUANA CONTROL ORDINANCE

TABLE OF CONTENTS

CHAPTER 1 - GENERAL PROVISIONS

Section 17-1-1. Short Title

Section 17-1-2. Findings and Purpose

Section 17-1-3. Control of Cannabis

Section 17-1-4. Sovereign Immunity

Section 17-1-5. Definitions

CHAPTER 2 - PROHIBITED ACTS AND AFFIRMATIVE DEFENSES _

Section 17-2-1, Exemption from Prosecution for Certain Acts _

Section 17-2-2. No Exemption from Prosecution for Certain Acts

Section 17-2-3. Minors

Section 17-2-4. Dispensaries and agents not subject to prosecution, search, seizure,

penalty, or discipline for certain conduct

Section 17-2-5. Cultivation facilities and agents not subject to prosecution, search,

seizure, penalty, or discipline for certain conduct.

Section 17-2-6. Cannabis product manufacturing facilities and agents not subject to

prosecution, search, seizure, for certain conduct

Section 17-2-7 Testing facilities and agents not subject to prosecution, search, seizure,

for certain conduct.

Section 17-2-8 Seizure or forfeiture of cannabis or related property.

Section 17-2-9 Searches and Inspection, Cannabis Control Commission Authorization

Required

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Section 17-2-10. Deleterious Outcomes

CHAPTER 3 — LICENSING

Section 17-3-1. Cannabis Businesses; Operating Fee.

Section 17-3-2. Licensure Requirement.

Section 17-3-3. Term, Renewals and Fees

Section 17-3-4. Eligibility Determination

Section 17-3-5. Grounds for Denial of Marijuana Employee License

Section 17-3-6. Reconsideration of Denial

Section 17-3-7. License Suspension

Section 17-3-8. Reinstatement _ = >

CHAPTER 4 —- CULTIVATING MARIJUANA

Section 17-4-1. Cultivation Facility Operating Procedures

Section 17-4-2. On-site Consumption

Section 17-4-3. Quality Assurance; Adulteration Prohibited

Section 17-4-4. Research and Development

Section 17-4-5. Precautions and Specific Requirements

CHAPTER 5 - PROCESSING MARIJUANA

Section 17-5-1. Processing Facility Operating Procedures __

Section 17-5-2. Food Safety Course

Section 17-5-3. Quality Assurance

Section 17-5-4. Precautions and Specific Requirements

Section 17-5-5. Cannabis Concentrates

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CHAPTER 6 — DISTRIBUTING MARIJUANA

Section 17-6-1. Distribution Facility Operating Procedures

Section 17-6-2. Access

Section 17-6-3. Duties of distribution facility

Section 17-6-4. Precautions and Specific Requirements

Section 17-6-5. Packaging

Section 17-6-6, Electronic Verification System _

Section 17-6-7. Public Consumption Authorized

CHAPTER 7 — TRANSPORTATION OF MARIJUANA _

Section 17-7-1. Transportation

Section 17-7-2. Shipping Containers

Section 17-7-3. Transportation Security Program __

Section 17-7-4. Transportation outside the reservation

CHAPTER 8 — SECURITY, SITE MANAGEMENT AND INVENTORY CONTROL __33

Section 17-8-1. Security and Site Management

Section 17-8-2. Disturbances of the Peace ————

Section 17-8-3. Inventory Control System ee

Section 17-8-4. Audits 7

Section 17-8-5. Training ?

CHAPTER 9 — CANNABIS CONTROL COMMISSION

Section 17-9-1. Commission Establishment; Duration; Attributes

Section 17-9-2, Sovereign Immunity

Section 17-9-3. Powers of the Commission =

Section 17-9-4. Duties of Commission

Section 17-9-5. Limitation of Commission Powers _

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Section 17-9-6. Compensation of the Commission

Section 17-9-7. Quarterly Reports

Section 17-9-8. Review of Decisions

CHAPTER 10 — MISCELLANEOUS PROVISIONS

Section 17-10-1. Severability

Section 17-10-2. Interpretation and Applicability

Section 17-10-3. Renumbering and re-designation ee

Section 17-10-4. Effective Date

Section 17-10-5. Violations

Section 17-10-6. Indian Trader Designation Required

CHAPTER 11- MEDICAL MARIJUANA __ _

Section 17-11-1. Chapter Purpose

Section 17-11-2. Qualifying Medical Condition

Section 17-11-3. Medical Registration Card Requirement; Application

Section 17-11-4. Rosebud Cannabis Control Commission Verification of Information,

Issuance of Identification Card

Section 17-11-5. Contents of Identification Cards

Section 17-11-6. Grounds for Denial or Nonrenewal of Applicant’s

Identification Card.

Section [7-11-7. Denial of a Medical Registration Card, Written Notice Required

Section 17-11-8. Confidential List- Personal Information —__

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ORDINANCE NO. 2022-04

TITLE 17

MARIJUANA CONTROL ORDINANCE

CHAPTER 1 - GENERAL PROVISIONS

Section 17-1-1. Short Title.

This Title may be cited as the “Marijuana Control Ordinance”,

Section 17-1-2. Findings and Purpose.

The Tribal Council of the Rosebud Sioux Tribe hereby finds and declares that:

(a) The Rosebud Sioux Tribe has inherent sovereignty that predates the existence of the

United States and the Constitution of the United States.

(b) The Rosebud Sioux Tribe desires to engage in Intertribal commerce as an independent

nation with inherent sovereignty for the betterment of all of our relatives

sovereignty over their members and territories.

(d) On April 28, 1868, the United States entered into the Treaty of Fort Laramie with the

Great Sioux Nation seeking an end to hostilities between what the Government and the

Sioux Tribes (more accurately Lakota, Nakota, and Dakota peoples) and the United

States. The 1868 Treaty of Fort Laramie involved multiple tribes, including what is now

the Rosebud Sioux Tribe, a federally recognized tribe.' The Treaty has not been

abrogated by Congress. The Fort Laramie Treaty supported Native American and Tribal

farming in Article III, Article IV, Article VI, Article VIII, Article IX, and Article X, and

these rights still exist to the Tribe.

2 Rosebud Sioux Tribe v. United States 450 F. Supp. 986 (D.S.D. 2020)

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(e) Article VI of the U.S. Constitution provides that “the laws of the United States which

shall be made in pursuance thereof; and all treaties made, or which shall be made, under

the authority of the United States, shall be the supreme law of the land; and the judges in

every state shall be bound thereby, anything in the Constitution or laws of any State to

the contrary notwithstanding.”

(f) Cannabis has grown naturally in North America and the use and development of cannabis

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

(g) The Preamble and Article IV of the Rosebud Sioux Tribal Constitution authorizes the

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

well-being of the Tribe and its members for the next seven generations.

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

marijuana as a Schedule | drug and prohibits any possession or use of marijuana except

in the course of federally approved research projects. The Controlled Substances Act

makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute

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

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

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

federal prosecutors concerning marijuana enforcement under the federal Controlled

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

federal enforcement activity, including civil enforcement and criminal investigations and

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

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

distribution and sale of marijuana is a serious crime that provides a significant source of

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revenue to large-scale criminal enterprises, gangs, and cartels. The guidance

memorandum notes that the Department of Justice is committed to enforcement of the

Controlled Substances Act consistent with those determinations. It also notes that the

Department of Justice is committed to using its investigative and prosecutorial resources

to address the most significant threats in the most effective, consistent, and rational way.

In furtherance of those objectives, the guidance memorandum provides guidance to the

Department of Justice attorneys and law enforcement to focus their enforcement

resources on persons or organizations whose conduct interferes with any one or more of

the following important priorities: (a) preventing the distribution of marijuana to minors;

(b) preventing revenue from the sale of marijuana from going to criminal enterprises,

gangs, and cartels; (c) preventing the diversion of marijuana from states where it is legal

under state law in some form to other states; (d) preventing state-authorized marijuana

activity from being used as a cover or pretext for the trafficking of other illegal drugs or

other illegal activity; (e) preventing violence and the use of firearms in the cultivation

and distribution of marijuana; (f) preventing drugged driving and the exacerbation of

other adverse public health consequences associated with marijuana use; (g) preventing

the growing of marijuana on public lands and the attendant public safety and

environmental dangers posed by marijuana production on public lands; and (h)

preventing marijuana possession or use on federal property.

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

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

States Attorneys entitled “Policy Statement Regarding Marijuana Issues in Indian

Country.” This memorandum states that the eight priorities in the August 21, 2013

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guidance memorandum will also guide United States Attorneys’ marijuana enforcement

efforts in Indian Country, including in the event that sovereign Indian Nations seek to

legalize the cultivation or use of marijuana in Indian Country. This memorandum states

each United States Attorney should consult with the affected tribes on a government-togovernment basis when evaluating marijuana enforcement activities in Indian Country.

(k) Rosebud Sioux Tribe has decided to open specific lands within its jurisdiction to the

possession, consumption, cultivation, processing and distribution of Manijuana by

enacting this Title to the Rosebud Sioux Tribe Law and Order Code.

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

marijuana through initiated measures, and majority votes, for both Constitutional

Amendment A and Initiated Measure 26 in the 2020 General Election.2 Nationally, over 44

States and Territories have legalized marijuana in some manner.

(m) The United States Congress, its 2021 Consolidated Appropriations Act, impacted the

enforcement of marijuana, specifically in Section 531 that:

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

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

Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa,

Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi,

Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North

Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South

* Amendment A was struck down by the South Dakota Supreme Court November 24, 2021. Only medical

marijuana is legal in the State of South Dakota as of August 24, 2022.

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Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West

Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the

Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or

Puerto Rico, to prevent any of them from implementing their own laws that authorize the use,

distribution, possession, or cultivation of medical marijuana.

Section 17-1-3. Control of Marijuana.

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

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

consumption of marijuana on the reservation, and will provide an additional source of revenue

for tribal operations.

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

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

the Tribal community, and to address tribal concerns relating to use of marijuana on the

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

revenue, the Tribe has adopted this Title, which shall be liberally construed to fulfill the purposes

for which it has been adopted.

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

(d) Nothing in this Title shall be deemed to create a right to grow and distribute marijuana for the

general public, unless otherwise authorized by the Rosebud Sioux Tribal Council.

Section 17-1-4. Sovereign Immunity.

Nothing in this Title shall be construed to limit the jurisdiction of the Tribe, the Tribal Court or

tribal law enforcement personnel and nothing herein shall limit or constitute a waiver of the

sovereign immunity of the Tribe or its officers, instrumentalities, employees, elected officials,

and agents or authorize any form a prospective waiver of such sovereign immunity.

Section 17-1-5. Definitions.

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

clearly requires otherwise:

1) “Allowable amount of cannabis”:

a. Three ounces of cannabis or less:

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b. The quantity of cannabis products established by rules promulgated by the

Rosebud Sioux Tribe Cannabis Control Commission.

“Cannabis products,” any concentrated cannabis, cannabis extracts, and products that are

infused with cannabis or any extract thereof, and are not intended for use or consumption by

humans. The term includes edible cannabis products, beverages, topical products, ointments,

oils, and tinctures;

“Cannabis product manufacturing facility,” an entity registered with the Rosebud Sioux Tribe

pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports,

supplies, or sells cannabis products to a medical cannabis dispensary;

“Cardholder,” A qualifying patient who has been issued and possesses a valid registry

identification card;

“Medical cannabis dispensary,” or “dispensary,” an entity registered with the Rosebud Sioux

Tribe pursuant to this ordinance that acquires, possesses, stores, delivers, transfers,

transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related

supplies and educational materials to cardholders;

“Medical cannabis establishment agent,” a person or entity authorized by this ordinance to

operate a medical cannabis dispensary or establishment, officer, board member, employee, at

medical cannabis dispensary or establishment;

(a) “Critical fluid extraction marijuana concentrate” means a marijuana concentrate that

was produced by extracting cannabinoids from marijuana through the use of a

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

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

known as marijuana.

acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells marijuana

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and related supplies to another cultivation facility, a processing facility or distribution

facility.

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

acquires, possesses, delivers, transfers, transports, supplies, sells or dispenses marijuana

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

(e) “Fat-based marijuana concentrate” means a marijuana concentrate that was produced

by extracting cannabinoids from marijuana through the use of butter, olive oil or other

typical cooking fats as a solvent.

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

jurisdiction of the Tribe.

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

of marijuana from the point of cultivation to the consumer.

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

some nature and are at least 21 years old.

(i) “Marijuana” the plant Cannabis sativa L. and any part of that plant, including the

seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of

isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration

greater than 0.3 percent on a dry weight basis.

(j) “Marijuana business” means a cultivation facility, processing facility, distribution

facility or any combination thereof.

(k) “Marijuana concentrate” means specific subset of marijuana that was produced by

extracting cannabinoids from marijuana. Types of marijuana concentrates include waterbased marijuana concentrates, solvent-based marijuana concentrates, critical fluid

extraction marijuana concentrates and fat-based marijuana concentrates.

(1) “Marijuana product” means a product that contains marijuana or an extract thereof and

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

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

(m) “Processing” means the harvesting of the plant Cannabis or the use of any process or

equipment, including but not limited to dehydrators or humidifiers that may be necessary

to convert raw marijuana plants or plant parts into a consumable product.

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

marijuana is processed for supply to a distribution Facility.

(0) “Registration card” means a document issued by the Marijuana Business or its

designee that identifies a person as having registered with the Marijuana Business to

consume marijuana on certain designated premises. Such registrants will also be exempt

from tribal prosecution for engaging in the use of marijuana.

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

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

United States of America in trust for the Rosebud Sioux Tribe; and any lands which may

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

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

marijuana products to a distribution facility.

(rt) “Solvent-based marijuana concentrate” means a marijuana concentrate that was

produced by extracting cannabinoids from marijuana through the use of glycerin,

isopropyl alcohol, ethanol, or propylene glycol as a solvent.

(s) “State” means the State of South Dakota.

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

Indian tribe.

(u) “Tribal Council” refers to the Rosebud Sioux Tribal Council.

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

Constitution and the Tribe’s Law and Order Code.

(w) “Water-based marijuana concentrate” means a marijuana concentrate that was

produced by extracting cannabinoids from marijuana through the use of only water or ice.

CHAPTER 2 - PROHIBITED ACTS AND AFFIRMATIVE DEFENSES

Section 17-2-1. Exemption from Prosecution for Certain Acts.

(a) Any person over the age of 21, who has a qualifying medical condition and/or a

valid, unexpired medical registration card issued by the Rosebud Sioux Tribe or another

federally recognized Tribe or tribal entity of said Tribe or written authorization/license

from the Rosebud Cannabis Control Commission to possess, sell, transport, or cultivate

marijuana pursuant to Rosebud Sioux Tribal law or a card issued by a state that allows for

medical marijuana to be prescribed by a medical practitioner is authorized to use, possess

or cultivate marijuana consistent with RSTLOC 5-28-1(7), 5-28-3 (3), and 5-28-15.

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

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

presence or vicinity of the use of marijuana in accordance with the provisions of this

Title.

in the Tribal Court for the cultivation, production or distribution of marijuana in

accordance with this Title.

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Section 17-2-2. No Exemption from Prosecution for Certain Acts.

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

penalty in the Tribal Court for:

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

while under the influence of marijuana.

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

a valid Registration card.

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

the recipient lawfully holds a valid Registration card.

Section 17-2-3. Minors.

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

facility/dispensary to employ any person who is not at least eighteen (18) years of age.

(b) Persons under the age of eighteen (18) years shall not be allowed on the premises of

any cultivation, processing, testing or distribution facility/dispensary.

medical prescription may consume marijuana only under the supervision of their legal

parent or guardian.

(d) All consumption by someone less than eighteen (18) years of age shall be done in

accordance with Chapter 11 of this ordinance.

Section 17-2-4 Dispensaries and its agents not subject to prosecution, search, seizure,

penalty, or discipline for certain conduct

Subject to Section 17-2-9 below, no dispensary or its agent/employee is subject to

prosecution, search or inspection, seizure, or penalty in any manner; or may be denied any right

or privilege, for acting in accordance with this chapter, to:

(1) Possess, transport, or store cannabis or cannabis products;

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(2) Deliver, transfer. or transport cannabis to a testing facility and compensate a testing

facility for services provided;

(3) Purchase or otherwise acquire cannabis from a cultivation facility or dispensary, and

cannabis products from a cannabis product manufacturing facility or dispensary;

(4) Deliver, sell, supply, transfer or transport cannabis, cannabis products, cannabis

paraphernalia, or related supplies or educational materials to a cardholder or dispensary.

Section 17-2-5. Cultivation facilities and its agents not subject to prosecution, search,

seizure, penalty, or discipline for certain conduct.

Subject to Section 17-2-9 below, no cultivation facility or its agent/employee is subject to

prosecution, search, or inspection, seizure, or penalty of any kind, for acting in accordance with

this chapter to:

1. Possess, plant, propagate, cultivate, grow, harvest, produce, process, manufacture,

compound, convert, prepare, pack, repack, or store cannabis;

2. Deliver, transfer, or transport cannabis to a testing facility and compensate a testing

facility for services provided;

3. Purchase or otherwise acquire cannabis from a cultivation facility;

4. Purchase cannabis seeds from a medical cannabis establishment;

5. Deliver, sell, supply, transfer, or transport cannabis, cannabis paraphernalia, or related

supplies or educational materials to a cultivation facility or dispensary.

Section 17-2-6. Cannabis product manufacturing facilities and its agents/employees not

subject to prosecution, search, seizure, for certain conduct

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Subject to Section 17-2-9 below, no cannabis product manufacturing facility or its

agent/employee is subject to prosecution, search, or inspection, seizure, or penalty of any kind,

for acting in accordance with this chapter to:

1. Purchase or otherwise acquire cannabis from a cultivation facility, ands cannabis

products or cannabis from a cannabis product manufacturing facility;

2. Possess, produce, process, manufacture, compound, convert, prepare, pack, repack, or

store cannabis or cannabis products;

3. Deliver, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or

related supplies or educational materials to a dispensary or cannabis product

manufacturing facility;

4. Deliver, transfer, or transport cannabis, cannabis to a testing facility and compensate

the testing facility for services provided;

5. Deliver, sell, supply, transfer, or transport cannabis, cannabis products, cannabis

paraphernalia, or related supplies or educational materials to a cannabis product

manufacturing facility or dispensary.

Section 17-2-7 Testing facilities and its agents/employees not subject to prosecution, search,

seizure, for certain conduct.

Subject to Section 17-2-9 below, no testing facility or its agent/employee(s) is/are subject

to prosecution, search, or inspection, seizure, or penalty of any kind, for acting in accordance

with this chapter to:

Acquire, possess, transport, and store cannabis or cannabis products obtained from a cardholder,

nonresident cardholder or medical cannabis establishment;

Return the cannabis or cannabis products to a cardholder or medical cannabis establishment.

Test cannabis, including for potency, pesticides, mold or containments: or

Receive compensation for services under this section.

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Section 17-2-8 Seizure or forfeiture of cannabis or related property.

Any cannabis, cannabis product, cannabis paraphernalia, or other interest or right to

property that is possessed, owned, or used in connection with the medical use of cannabis as

allowed under this Ordinance, or acts incidental to such use, may not be seized or forfeited.

This Ordinance does not prevent the seizure or forfeiture of cannabis exceeding the

amount allowed under this Ordinance, or prevent seizure or forfeiture if the basis for the action is

unrelated to the cannabis is unrelated to the cannabis that is possessed, manufactured,

transferred, or used in accordance with this ordinance.

Section 17-2-9. Searches and Inspections, Cannabis Control Commission Authorization

Required

Any searches or inspections that take place in cultivation, testing, distribution, or

manufacturing facilities must be expressly authorized by the Cannabis Control Commission prior

to any searches or inspections being completed.

Section 17-2-10. Deleterious Outcomes.

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

shall not be held responsible for any deleterious outcomes from the use of marijuana by any

person.

CHAPTER 3 — LICENSING

Section 17-3-1. Marijuana Businesses; Operating Fee.

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

and shall be wholly owned by the Tribe.

Section 17-3-2. Licensure Requirement.

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

Control Commission or its designee a Cannabis Employee License as a prerequisite to

such employment.

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

information:

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

and date of birth of the applicant;

(2) Proof that the applicant is at least eighteen (18) years of age.

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(3) A current photograph of the applicant on a state or tribal ID;

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

felony convictions in five years preceding the application, and felony controlled

substance convictions in the ten years preceding their application date. For each

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

disposition. A conviction within the meaning of this subsection means a plea or

verdict of guilty or a conviction following a plea of nolo contendere;

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

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

addresses, and driver’s license numbers;

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

applicant authorizing the Cannabis Control Commission or its designee to forward

the fingerprints to the Federal Bureau of Investigation for its report;

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

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

(8) Written permission of the applicant authorizing the Cannabis Control

Commission or its designee to seek verification of the information contained

within the application;

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

divert marijuana to any person or entity that is not allowed to lawfully possess

marijuana;

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

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

(11) Any other information the Cannabis Control Commission deems relevant.

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

applicant to acknowledge the following warning:

Section 17-3-3. Term, Renewals and Fees.

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

two (2) years U4; following its issuance. A person may re-apply for a Cannabis Employee

License for subsequent periods of two (2) years.

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

by a nonrefundable license fee, as established by resolution adopted by the Cannabis

Control Commission from time to time. The bi-annual (two years from issue date) license

fee shall be $50.00.

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keep accurate records of all such receipts, and shall provide copies to the Tribal

Secretary’s office for an official record and shall be subject to distribution by the

Cannabis Control Commission in accordance with its usual appropriation procedures,

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

costs and shall be in addition to any other fees imposed by the Cannabis Control

Commission. All license fees listed herein will be the responsibility of the Cannabis

Employer of the licensee.

Section 17-3-4. Eligibility Determination.

The Cannabis Control Commission or its designee shall review an applicant’s prior activities,

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

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

processing facility.

Section 17-3-5. Grounds for Denial of Cannabis Employee License.

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

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

statute, rule or regulation relating to the cultivation, processing or distribution of

marijuana.

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

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

in five years preceding the application, and felony controlled-substance convictions in the

ten years preceding their application date. A conviction within the meaning of this

subsection means a plea or verdict of guilty or a conviction following a plea of no

contest.

(d) A determination by the Cannabis Control Commission that employment of the

applicant poses a threat to the public interest or to the effective regulation of marijuana.

(e) The applicant is under eighteen (18) years of age.

(f) The required application or renewal fees have not been paid within 30 days.

Section 17-3-6. Reconsideration of Denial

(a) A person aggrieved by the decision of the Cannabis Control Commission or

its designee to deny a Cannabis Employee License may seek reconsideration

of such decision to the Cannabis Control Commission by filing a written

petition for reconsideration with the Rosebud Sioux Tribe or its designee

within thirty (30) calendar days of service of the written notice of decision. If

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a petition for reconsideration is not filed within such time, the decision shall

be final.

(b) The Petition for Reconsideration must include, at a minimum, an assertion

that denial of the application was in error or otherwise improper and any

support for that assertion.

be automatically denied.

(d) Following review of the petition for reconsideration, the Cannabis Control

Commission may issue the Cannabis Employee License subject to such conditions

as it deems reasonable under the circumstances to protect the public health, safety,

and welfare of the Rosebud Sioux Tribe and its tribal members or it may deny the

issuance of the Cannabis Employee License for any of the grounds specified in

this Title. The decision of the Cannabis Control Commission shall be final and not

subject to judicial review. In the case of a denial upon reconsideration, a newly

written explanation must be provided.

Section 17-3-7. License Suspension

(a) If, after the issuance of a Cannabis Employee License, the Cannabis Control

Commission receives reliable information indicating that an employee is not eligible for

employment under Chapter 3 above, the Cannabis Control Commission shall suspend

such license and shall notify in writing the licensee the day of the suspension and the

proposed revocation within 10 working/business days.

(b) The Cannabis Control Commission shall notify the licensee of a time and a place for a

hearing on the proposed revocation of a license.

or to reinstate a Cannabis Employee License. The decision of the Cannabis Control

Commission shall be final and not subject to judicial review.

Section 17-3-8. Reinstatement.

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

restored but upon order of the Cannabis Control Commission after the filing of a petition

for reinstatement.

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

from the effective date of the revocation.

evidence that,

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

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

issues underpinning the revocation,

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

integrity of the Tribe or to the public interest; and

(4) the petitioner paid all fees required under 17-3-3.

CHAPTER 4 —- CULTIVATING MARIJUANA

Section 17-4-1. Cultivation Facility Operating Procedures.

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

cultivation of marijuana. The operating procedures must include the minimum following

information:

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

applied during its cultivation process;

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

(3) How the cultivated marijuana will be transported to a testing facility,

processing facility or distribution facility;

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

marijuana;

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

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

storm-water system,

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

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

facility;

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

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

automatic law enforcement notification; and

(10) Any other information required by the Cannabis Control Commission.

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

Section 17-4-2. On-site Consumption.

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

the facility is licensed for public consumption.

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Section 17-4-3. Quality Assurance; Adulteration Prohibited.

Within twelve (12) months of the establishment of this ordinance, all marijuana cultivated must

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

adulterate marijuana with any chemical or other compound whatsoever to alter its color,

appearance, weight, or smell.

Section 17-4-4. Research and Development.

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

the Reservation that cultivate marijuana for research, testing or distribution to patients or

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

applicable regulations and limitations for a cultivation facility.

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

Section 17-4-5. Precautions and Specific Requirements.

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

that the following requirements are met:

(1) All cultivation of marijuana that a cultivation facility carries out or causes to

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

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

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

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

whom there is a reasonable possibility of contact with marijuana shall be excluded

from any operations which may be expected to result in such contamination until

the condition is corrected.

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

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

sufficient personal cleanliness.

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

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

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

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

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

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

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

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

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

breeding place for pests.

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

condition.

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

protects against contamination of marijuana, and in a manner that is in accordance

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

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

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

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

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

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

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

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

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

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

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

adequately ventilated.

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

requirements of the Tribe.

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

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

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

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

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

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

convey sewage and liquid disposable waste from the cultivation facility. There

shall be no cross-connections between the potable and wastewater lines.

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

preparing, manufacturing, packaging, and storing of marijuana or marijuana

products shall be conducted in accordance with adequate sanitation principles.

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

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

good repair.

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

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

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located in the cultivation facility and where good sanitary practices require

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

devices.

(10) Marijuana that can support the rapid growth of undesirable microorganisms

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

CHAPTER 5 - PROCESSING MARIJUANA

Section 17-5-1. Processing Facility Operating Procedures.

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

processing of marijuana. The operating procedures must include the minimum following

information:

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

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

facility including intertribal commerce.

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

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

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

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

cooking, baking, infusing, or grinding. Such standards shall be no less siringent than the

standards of the United States Public Health Service.

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

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

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

Section 17-5-2. Food Safety Course.

(a) Any person who processes marijuana into food and other edibles shall be required to

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

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

agency,

(b) Any course taken pursuant to this rule must last at least two (2) hours and cover the

following subjects:

(1) Causes of foodbome illness, highly susceptible populations and worker illness;

(2) Personal hygiene and food handling practices;

(3) Approved sources of food;

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(4) Potentially hazardous foods and food temperatures;

(5) Sanitization and chemical use; and

(6) Emergency procedures (fire, flood, sewer backup).

Section 17-5-3. Quality Assurance.

Within twelve (12) months of the establishment of this ordinance, marijuana processed and each

marijuana product must be tested for safety and quality assurance, including but limited to,

potency testing, residual solvents testing, microbial testing, aflatoxin testing, pesticide testing,

and heavy metal testing.

Section 17-5-4. Precautions and Specific Requirements

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

that the following requirements are met:

(1) All processing of marijuana that a processing facility carries out or causes to

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

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

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

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

whom there is a reasonable possibility of contact with marijuana shall be excluded

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