Sisseton-Wahpeton Oyate
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Sisseton-Wahpeton Oyate
Judicial Committee
New Cotle C1 Amended Code &Repealed Code C]
Tribal Council Resolution No. SWO-25- 053
Judicial Committee Adoption Date
Tribal Council Approval Date 1-23-25 ~
Sisseton-Wahpeton Oyate
Medical Cannabis Code
TRIBAL ORDINANCE
SISSETON-WAHPETON OYATE OF THE LAKE TRAVERSE RESERVATION
MEDICAL CANNABIS CODE
TABLE OF CONTENTS
Tribal Council approved amendments to the Medical Cannabis Code on July 23'4, 2025 by Motion No, 120
Tribal Council approved amendments to the Medical Cannabis Code on December 12", 2024 by Motion No. 96
Tribal Council approved amendments to the Medical Cannabis Code on April 24", 2024 by Motion No. 100.
Tribal Council approved amendments to the Medical Cannabis Code on August 2, 2023 by Motion No. 67.
Tribal Council approved amendments to the Medical Cannabis Code on May 31, 2023 by Motion No, 119.
Tribal Council approved amendments to the Medical Cannabis Code on December 7, 2022 by Motion No. 52, and ratified such
changes on March 7, 2023 by Motion No. 42.
Tribal Council approved Amendments to Medical Cannabis Code on December 22, 2021 by Motion No. 74.
Tribal Council adopted the Sisseton- Wahpeton Oyate Medical Cannabis Code on November 2, 2021 by Motion No. LI.
SISSETON-WAHPETON OYATE
CHAPTER 81
MEDICAL CANNABIS CODE
TITLE J - GENERAL PROVISIONS
81-01-01 TITLE.
This Code shall be known as the Medical Cannabis Code of the Sisseton- Wahpeton Oyate of
the Lake Traverse Reservation (the “Reservation”).
81-01-02 FINDINGS.
1. Cannabis has been used as a medicine for at least 5,000 years of recorded history.
Modern medical research has confirmed the beneficial uses for Medical Cannabis in
treating or alleviating the pain, nausea, and other symptoms associated with a variety
of debilitating medical conditions, including cancer, multiple sclerosis, and
HIV/AIDS, as found by the National Academy of Sciences’ Institute of Medicine in
March 1999,
2. Studies published since the 1999 Institute of Medicine report continue to show the
therapeutic value of Medical Cannabis in treating a wide array of debilitating medical
conditions, These include relief of the neuropathic pain caused by multiple sclerosis,
HIV/AIDS, and other illnesses and injuries that often fail to respond to conventional
treatments, and relief of nausea, vomiting, and other side effects of drugs used to treat
HIV/AIDS and hepatitis C, thereby increasing the chances of patients continuing lifesaving treatment regimens.
3. Medical Cannabis has many accepted medical uses in the United States, having been
recommended by thousands of licensed physicians to more than one million patients
in states with Medical Cannabis laws. A wide range of medical and public health
organizations, including the American Academy of IV Medicine, the American
College of Physicians, the American Nurses Association, the American Public Health
Association, the Leukemia & Lymphoma Society, the Epilepsy Foundation, and many
others, have recognized Medical Cannabis's medical utility.
4. The Medical Cannabis Program and the Cannabis Commission shall be deemed to be arms
of the Sisseton- Wahpeton Oyate of the Reservation and retain the sovereign immunity of
the Sisseton- Wahpeton Oyate as it applies to the Program and Commission.
Amendment Passed: July 23", 2025 1
Motion No. 120
Resolution No. SWO-25-053
81-01-03 PURPOSE AND SCOPE.
This Code shall be construed to promote the following:
1,
That the Sisseton- Wahpeton Oyate hereby exercises its inherent sovereign authority to
enact legislation and possesses primary regulatory authority over all commerce, including
Medical Cannabis on the Reservation and those lands subsequently acquired by the Tribe.
That pursuant to the Treaty with the Sioux — Sisseton and Wahpeton Bands, 15 Stat. 505,
considerable emphasis of the Treaty promotes agricultural improvement and prosperity.
Specifically, Article X of the Treaty recognizes the right to “adopt such rules, regulations,
or laws for ... the agricultural prosperity of the Members ...”.
Pursuant to the Revised Constitution and By-Laws of the Sisseton Wahpeton Oyate, the
Tribal Council shall hold the authority to “engage in any business that will further the
economic development of the Tribe and its Members, and to use tribal funds or other
resources for such purposes.”
The purposes of this Code are to:
a, Civilly regulate those persons and lands within the Reservation to protect and
promote the health, safety, and welfare of individuals and entities on the
Reservation with respect to Medical Cannabis; and
b. Ensure that seriously ill people on the Reservation have the right to obtain and use
Medical Cannabis for medical purposes (i) where that medical use is deemed
appropriate and has been recommended by a Practitioner in a Bona fide
practitioner-patient relationship where the Practitioner has determined that the
patient's health would benefit from use of Medical Cannabis in the treatment of a
serious medical condition, or (ii) where the seriously ill person is a medical
cannabis Cardholder which card has been issued by the Sisseton- Wahpeton Oyate
cannabis licensing authority; and
c. Establish protocols for the cultivation/manufacture (growing), packaging,
distribution, advertisement, and rules governing the locations and operations of
retail Medical Cannabis outlets on the Reservation to meet the needs of Tribe
Members and/or Qualified Patients and Designated Caregivers on the Reservation.
The purposes of this Code shall be carried out in a manner consistent with balancing the
needs of medical patients and their care providers for access to Medical Cannabis with the
need to limit societal and environmental impacts that are sometimes associated with
Medical Cannabis production.
Amendment Passed: July 23", 2025
Motion No. 120
Resolution No, SWO-25-053
81-01-04 SPECIFIC APPLICABILITY,
This Code shall apply to Medical Cannabis and shall take precedence over any tribal laws of
general applicability.
81-01-05 SOVEREIGN IMMUNITY NOT WAIVED.
By the adoption of this Code the Tribe does not waive its sovereign immunity or consent to suit in
any court, whether the court is tribal, federal, or state, and the adoption of this Code shall not be
construed to be a waiver of the sovereign immunity of the Tribe, its offices, departments, agents,
subsidiaries, corporations, or enterprises nor a consent to suit against the Tribe in any court.
81-01-06 SEVERABILITY.
If any clause, sentence, paragraph, section or part of this Code shall be adjudicated by the Tribal
or Appellate Court to be invalid or unconstitutional, such judgment shall not affect, impair, or
invalidate the remainder, but shall be confined in its operation to the clause, sentence, paragraph,
section, or part, directly involved in the controversy in which the judgment was rendered.
81-01-07 AMENDMENT.
This Code may be amended only upon an affirmative vote of a majority of the Tribal Council of
the Sisseton- Wahpeton Oyate.
81-01-08 EFFECT OF HEADINGS.
Headings shall not be deemed to govern, limit, modify, or in any manner affect the scope,
meaning, or intent of the provisions of any portion of this Code.
TITLE I — DEFINITIONS
81-02-01 DEFINITIONS.
The following definitions shall apply:
1. “Allowable amount of cannabis” means three (3) ounces of cannabis or less of quantities of
cannabis products established by regulations promulgated by the Commission.
2. “Applicant” means an individual or person authorized to sign for a business entity, that has
applied to participate in the Sisseton Wahpeton Oyate Medical Cannabis Program awaiting
approval.
Amendment Passed: July 234, 2025 3
Motion No, 120
Resolution No. SWO-25-053
10.
Amendment Passed: July 23", 2025
“Bona fide practitioner-patient relationship” means that a practitioner and patient have a
treatment or consulting relationship (on a live in-person basis or through a video connection
on the internet) during the course of which the practitioner has completed an assessment of
the patient’s medical history and current medical condition, the practitioner has consulted
with the patient with respect to the patient’s debilitating medical condition and the
practitioner is available to or offers to provide follow up care and treatment to the patient (on
a live in-person basis or through a video connection on the internet). A “bona fide
practitioner-patient relationship” shall also include a medical practitioner obtained through
an internet website so long as the internet website requires that a practitioner and patient have
a treatment or consulting relationship through such website or other video connection during
the course of which the practitioner has completed an assessment of the patient’s medical
history and current medical condition, and the medical practitioner has consulted with the
patient with respect to the patient’s debilitating medical condition. The Commission shall
identify websites which shall be treated as establishing a bona-fide practitioner-patient
relationship.
“Cannabis products” means any concentrated cannabis, cannabis extracts, and products that
are infused with cannabis or an extract thereof and are intended for use or consumption by
humans. The term includes edible cannabis products, beverages, topical products, ointments,
oils, and tinctures.
“Cardholder” a qualifying patient or a designated caregiver who has been issued and
possesses a valid registry identification card issued by the Sisseton- Wahpeton Oyate Tribe,
satisfying the bona fide practitioner-patient relationship described above.
“CBD” means cannabidiol.
“Commercial Sales” means the sale of a product in the stream of commerce at retail or at
wholesale, including sales on the internet.
“Commission” means the Cannabis Commission within the Tribe delegated with the
regulation of Medical Cannabis. The Commission shall be established by the Tribal Council.
The Cannabis Commission may also be authorized to regulate Industrial Hemp and other
cannabis or cannabis-related industries, as provided by SWO law and policy.
“Consumable Product” means a Medical Cannabis Product intended for human or animal
consumption.
‘Debilitating medical condition” means any of the following:
Debilitating Pain
Anxiety
Depression
Insomnia
Headache/Migraine
Motion No, 120
Resolution No. SWO-25-053
Post-Traumatic Stress Disorder (PTSD)
Addiction
Diabetes — Neuropathy
Heart Disease
ADD/ADHD
Autism
Bi-Polar Disorder
PMS
Fibromyalgia
Lupus
Hepatitis C
Lyme Disease
Parkinsons
Alzheimers
Arthritis
Irritable Bowel Syndrome and Inflammatory Bowel Disease including Ulcerative Colitis and
Crohn’s Disease
Intractable Pain
Anorexia
Cancer associated with severe/chronic pain, nausea or severe vomiting, or cachexia or severe
wasting
Tourettes Syndrome
Amyotrophic lateral sclerosis (ALS)
Sleep Apnea
Glaucoma
Multiple Sclerosis
HIV/AIDS
Severe Nausea
Seizures or Seizure Disorders, including those characteristics of epilepsy
Severe and persistent muscle spasms, including those characteristics of multiple sclerosis.
The addition of other medical conditions or treatments may only be accomplished by
amending this Code.
11. “Facility” means a greenhouse, building, or other enclosed area used and controlled by a
licensee under the Sisseton- Wahpeton Oyate Medical Cannabis Program to produce, possess,
process, package, store or sell Medical Cannabis or Medical Cannabis products and/or in
which the business records, receipts, or other funds of the operation are maintained
(excluding offsite facilities dedicated to storage of those records and financial institutions).
12. “Financial source” means any person or entity that, directly or indirectly extends financing
(as equity or debt) to a licensed program or business,
13. “Indian’”’ means any person who is a member of a federally recognized Indian tribe, band,
group, pueblo, or community.
Amendment Passed: July 23", 2025 5
Motion No. 120
Resolution No, SWO-25-053
14.
15.
16.
17.
18.
19.
20.
2l.
22.
Amendment Passed: July 23", 2025
“Intended for Consumption” means intended for a human or animal to ingest, inhale,
topically apply to the skin or hair, or otherwise absorb into the body.
“Jurisdiction” or “Jurisdiction of the Tribe” means the Tribe’s criminal, regulatory, and
adjudicatory jurisdiction exercised on all lands lying in the territory within the original
confines of the Reservation as described in Article III of the Treaty of February 19, 1867 and
those lands subsequently acquired by the Sisseton- Wahpeton Oyate, regardless of whether
such land is held in trust, fee, or subject to restrictions; provided that as to non-Members the
jurisdiction of the Tribe extends to such lands within the Reservation that are held in trust,
have been allotted, or are subject to restrictions.
“Law Enforcement Officer” means any person employed by Sisseton- Wahpeton Law
Enforcement who is authorized to make arrests for violations of the laws or ordinances and
that the person is employed to enforce.
“Law Enforcement” or ““SWLE” means the Sisseton- Wahpeton Law Enforcement.
“Licensed facility” shall mean any Facility which has been appropriately licensed in
accordance with the provisions of this Code.
“Medical Cannabis” means all parts of any plant of the genus cannabis, whether growing or
not, in its natural and unaltered state, except for drying or curing and crushing or crumbling.
The term does not include fiber produced from the mature stalks of such plants, or oil or cake
made form the seeds of such plant. The term does not include the plant Cannabis sativa L.
and any part of that plant, including the seeds thereof and all derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a
delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent of a
dry weight basis.
“Medical Cannabis Plant Monitoring System” means a system that includes, but is not
limited to, testing and data collection established and maintained by the licensed facility and
available to the Commission for the purposes of documenting each Medical Cannabis plant
for monitoring plant development through the life cycle of the Medical Cannabis plant from
seed plant to final packaging.
“Medical Cannabis Program” shall mean a program for the growth, distribution, sales,
marketing, testing, product development of Medical Cannabis on the Tribal Lands through
licensing of the rights to such activities to a tribally owned business, a district owned
business and individual members of the Tribe, all as more specifically described in this Code
and under the regulations to be promulgated pursuant to the Code.
“Medical use” means the acquisition, administration, cultivation, manufacture, delivery,
harvest, possession, preparation, transfer, transportation, or use of cannabis or paraphernalia
relating to the administration of cannabis to treat or alleviate a qualifying patient’s and/or
Motion No, 120
Resolution No. SWO-25-053
Cardholder’s debilitating medical condition or symptoms associated with the patient’s
debilitating medical condition.
23. “Member” means an enrolled Member of the Tribe as defined by the Constitution of the
Sisseton-Wahpeton Oyate of the Reservation.
24. “Non-Volatile Solvent” means any solvent used in the extraction process that is not a volatile
solvent.
25. “Person/s” or “Individual/s” means all-natural persons and all legal entities, including but not
limited to corporations, foundations, organizations, business trusts, estates, limited liability
companies, partnerships, limited liability partnerships, associations, or any other form of
business entity (regardless of jurisdiction of formation) as well as tribal, federal, state, local
or international governmental entities. Sisseton- Wahpeton Oyate Tribal entities including
any agencies, offices, enterprises, corporations, and political subdivisions, such as
Community governments of Sisseton-Wahpeton Oyate Tribe which apply for a license.
26. “Practitioner” means a physician who is licensed with authority to prescribe drugs to
humans.
27. “Public lands” means lands that have been set aside by the Sisseton- Wahpeton Oyate for the
collective use or enjoyment of tribal members including but not limited to parks, trails,
roadways, or ditches.
28. “Qualifying (or qualified) patient” means (i) a person who has been diagnosed by a
practitioner, in a bona fide practitioner-patient relationship with such person, as having a
debilitating medical condition, and such practitioner has determined that the patient's health
would benefit from use of Medical Cannabis in the treatment of such serious medical
condition.
29. “Registry identification card” means a document issued by either (i) the individual identified
by the Commission that designates a person as a registered qualifying patient or registered
designated caregiver, or (ii) the medical cannabis card issued by the Sisseton- Wahpeton
Oyate tribal governmental authority.
30. “Tribal Courts” or “Courts” means the Sisseton- Wahpeton Oyate Tribal Court and the
Sisseton- Wahpeton Oyate Supreme Court.
31. “Tribal Lands” means all lands lying in the territory within the original confines of the
Reservation as described in Article III of the Treaty of February 19, 1867, and those lands
subsequently acquired by the Sisseton-Wahpeton Oyate.
Amendment Passed: July 23", 2025 q
Motion No. 120
Resolution No, SWO-25-053
32. “Tribe” or “Tribal” means the Sisseton-Wahpeton Oyate of the Reservation and includes its
activities, programs, agencies, departments, divisions, instrumentalities, economic
development enterprises, and their respective officials.
33. “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.
34, “Written certification” means a document dated and signed by a practitioner, stating that in
the practitioner’s professional opinion the patient is likely to receive therapeutic or palliative
benefit from the medical use of cannabis to treat or alleviate the patient’s debilitating medical
condition or symptom associated with the debilitating medical condition. This document
shall affirm that it is made in the course of a bona fide practitioner-patient relationship and
shall specify the qualifying person’s debilitating medical condition.
TITLE II MEDICAL CANNABIS AUTHORIZED
81-03-01 SISSETON-WAHPETON OYATE MEDICAL CANNABIS PROGRAM.
The Tribal Council of the Sisseton-Wahpeton Oyate of the Reservation hereby authorizes the
Sisseton-Wahpeton Oyate Medical Cannabis Program, which shall operate within the boundaries
of the Reservation and shall be implemented in accordance with this Code, any applicable
regulations, and any compacts or agreements between the Sisseton- Wahpeton Oyate and any other
governmental entity.
81-03-02 USE OF MEDICAL CANNABIS AUTHORIZED.
The Tribal Council of the Sisseton-Wahpeton Oyate of the Reservation hereby authorizes the
possession and use of Medical Cannabis within the boundaries ofthe Reservation provided that
Medical Cannabis is used in accordance with this Code and accompanying regulation and the
cardholder does not possess more than the allowable amount of cannabis.
81-03-03 ALLOWABLE AMOUNTS OF MEDICAL CANNABIS.
1. A Licensed Facility may not dispense, and a registered qualifying patient or caregiver may not
possess more than three (3) ounces of Medical Cannabis in any seven (7) day period.
2. An individual may own up to four (4) plants in the area(s) applicable, such as an individual’s
land, which is one hundred percent owned by the individual, or within the Sisseton- Wahpeton
Oyate one hundred percent owned lands, where federal funds are not utilized and a permit is
obtained.
Amendment Passed: July 23", 2025 8
Motion No, 120
Resolution No. SWO-25-053
81-03-04 MEDICAL CANNABIS REGISTRATION.
An individual shall be considered a qualifying patient if (i) such person receives a written
certification from a medical practitioner stating that in the practitioner’s professional opinion the
patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat
or alleviate the patient’s debilitating medical condition or symptoms associated with the
debilitating medical condition, or (i) such person holds a valid medical cannabis registry card
issued by the Sisseton-Wahpeton Oyate tribal government. The Commission shall promulgate
regulations regarding the process for obtaining such written certifications and the maintenance of
a registry of qualifying patients and designated caregivers.
81-03-05 MEDICAL CANNABIS REGISTRATION FOR PATIENTS UNDER THE
AGE OF 21.
An individual under the age of twenty-one (21) may not be issued a registry identification card
or participate in the Sisseton-Wahpeton Medical Cannabis Program unless:
1. The qualifying patient’s practitioner has explained the potential risks and benefits of the
medical use of cannabis to the custodial parent or legal guardian with responsibility for
health care decisions of the qualifying patient; and
2. The custodial parent or legal guardian with responsibility for health care decisions for the
qualifying patient (“Designated caregiver”) consents in writing to:
a. Allow the qualifying patient’s medical use of cannabis;
b. The person serves as the qualifying patient’s designated caregiver; and
c. The designated caregiver controls the acquisition, dosage, and frequency of the medical
use of cannabis by the qualifying patient.
TITLE IV REGULATORY DUTIES
81-04-01 SISSETON-WAHPETON OYATE CANNABIS COMMISSION.
The Sisseton-Wahpeton Oyate of the Lake Traverse Reservation hereby creates the Cannabis
Commission and delegates certain authority to the Cannabis Commission to carry out the policies
and requirements established by this law for all Medical Cannabis activities within the Reservation
and those lands and property subsequently acquired by the Sisseton-Wahpeton Oyate. The
Cannabis Commission may also be authorized to regulate Industrial Hemp and other cannabis or
cannabis-related industries, as provided by SWO law and policy. This Code does not limit, expand,
or otherwise affect the authority of the Commission as may be provided by other SWO law.
1. Appointment and Officers.
Amendment Passed: July 23"4, 2025 9
Motion No. 120
Resolution No, SWO-25-053
a. The Commission shall have five (4) regular members comprised of three (3) Sisseton-
Wahpeton Oyate tribal members and one (1) ex-officio Tribal Council Members. The
Tribal Council may appoint one (1) additional Sisseton-Wahpeton Oyate Tribal Council
Member to serve as an alternate provided that the alternate only participates in Commission
activities if a regular member is absent, The Tribal Council shall appoint commissioners,
the alternate, and the Ex-Officios. To regulate Medical Cannabis in accordance with this
Chapter, minimum qualifications for the Commission require that each Commissioner:
1) Must demonstrate experience and knowledge in government affairs, agriculture,
cannabis, hemp, business, or law, or Tribal government regulatory experience; and
have an understanding of applicable laws regarding cannabis and hemp and the
cannabis and hemp industries;
2) Have a completed and approved federal, state, and tribal background check conducted
prior to voting on any matters;
3) Shall not have been convicted of a felony relating to a controlled substance under
Tribal, State, or Federal law.
b. The Commission shall elect from among its Members a Chair, Vice-Chair, Secretary and
Treasurer, In the absence of the Chair, the Vice-Chair shall preside and in the absence of
both the Chair and Vice-Chair, the Secretary shall preside.
c. Officers.
1) Commission Chair.
a) The Commission Chair serves as the Commission meeting facilitator and promotes
good board leadership and governance.
b) The Commission Chair keeps the board focused on issues that promotes the
Department’s mission, vision and strategic direction.
c) The Commission Chair establishes meeting agendas.
d) The Commission Chair shall vote only in the event of a tie.
2) Commission Vice-Chair.
a) The Vice-Chair shall keep full and accurate financial records, make periodic reports
to the Commission, and submit a complete annual report in written form to the
Tribal Council.
b) The Vice-Chair shall preside over meetings in the absence of the Chair.
Amendment Passed: July 23", 2025 10
Motion No. 120
Resolution No. SWO-25-053
3) Commission Secretary
a) The Commission Secretary shall keep complete and accurate records of all
meetings and actions taken by the Commission.
b) The Commission Secretary shall preside in the absence of the Chair and the Vice-
Chair
2. Meetings.
Meetings of the Commission shall be held at regular intervals as provided in the Regulations
promulgated under the Commission’s authority. Emergency meetings may be held upon
twenty-four (24) hours actual notice, and business transacted, provided that not less than a
majority of the full Commission concurs with the proposed action.
3. Voting.
A majority of the full Commission notwithstanding the existence of any vacancies shall
constitute a quorum for the transaction of business. No action shall be taken by a vote of less
than a majority of such full Commission.
4, Conflict of Interest.
a. The Commission shall prohibit any conflict of interest in the operation of their duties. This
includes but is not limited to matters involving the selection, services and actions of the
Commission including actions taken in and the procurement of supplies, equipment, other
property, construction, and services.
b. During their tenure and for one (1) year thereafter, no Commissioner who exercises any
responsibilities or functions with regard to Tribal projects, shall voluntarily acquire any
interest, direct or indirect, in any project or in any property included or planned to be
included in any licensed cannabis project, or in any contract or proposed contract relating
to any licensed cannabis project.
c. A Commissioner shall not participate in any action by the Commission relating to
application, contracts, licenses, or other business in which they have any personal,
financial, or familial interest. Any violation of the foregoing provisions of this Section shall
constitute misconduct.
5. Compensation.
a. Members of the Commission may receive a stipend, as eligibility and budget permits, and
shall be reimbursed for any reasonable and documented expenses actually incurred in
connection with their performance of duties and responsibilities.
Amendment Passed: July 23", 2025 11
Motion No. 120
Resolution No. SWO-25-053
b. The Commission shall establish a proposed budget delineating the Commission’s
compensation and training and ensure the budget complies with funding guidelines and
tribal law and policy.
Terms of Office. Commissioners shall serve a term of four (4) years; there are no conditions
on how many terms a Commissioner may serve.
Removal, Vacancy and Interim Appointment.
a. Removal by Tribal Council. A Commissioner may be removed only for cause by the Tribal
Council, with a preference for non-removal in order to provide stability and predictability
to the Commission.
b. Resignation. A Commissioner may resign at any time and the resignation shall be made in
writing to the Commission and Tribal Council.
c. Interim Tribal Council Functions. The Tribal Council may function as the Cannabis
Commission in the interim period that it takes for the appointments to the Cannabis
Commission to occur but in no case may the Tribal Council serve as the Cannabis
Conunission past March 31, 2022.
81-04-02 AUTHORITY AND DUTIES OF CANNABIS COMMISSION.
The Sisseton- Wahpeton Oyate Cannabis Commission shall have the duty and authority to regulate
Medical Cannabis on the Reservation. In furtherance of this duty and authority:
1.
Medical Cannabis Producers must obtain a license from the Commission prior to engaging in
such activity.
Licensed growers of Medical Cannabis and producers of Medical Cannabis Products
(collectively “Medical Cannabis Producers”) shall provide to the Commission the legal
description and GPS coordinates sufficient for locating the land area and each field,
greenhouse, or structure where the person cultivates cannabis, or intends to cultivate
cannabis, or produce the products.
Notwithstanding any rule of regulation to the contrary, the inclusion of Medical Cannabis as
an ingredient in a consumable product shall not by itself render the product misbranded or
adulterated.
All Medical Cannabis Producer Applications approved shall be maintained for a period of at
least five (5) years.
Amendment Passed: July 23, 2025 12
Motion No. 120
Resolution No. SWO-25-053
81-04-03 INSPECTIONS.
The Commission shall have the authority and responsibility to conduct inspections of Medical
Cannabis Producers and all registered land areas to verify compliance with all requirements of the
license issued in accordance with the provisions of this Title. Inspection may include sampling by
the Commission inspectors for testing to determine cannabis or cannabis product THC levels or
for any other Commission defined purpose. Inspections and testing shall be conducted at a
minimum annually, and may be conducted randomly, or otherwise.
81-04-04 REGULATORY AUTHORITY.
1.
The Commission shall provide oversight to ensure compliance with this Code and all
applicable regulations or intergovernmental compacts. The Commission shall serve as the
licensing authority for facilities, programs, and person(s) required to be licensed as set forth
within this Code. The Commission shall administer background investigations as part of the
licensing process. The Commission may issue temporary licenses pending completion of the
application process and background investigations. All licensing decisions by the
Commission are final with no right to appeal to the Tribal Council.
The Commission shall monitor the compliance of the Sisseton- Wahpeton Oyate Medical
Cannabis Program’s internal controls and in tracking Medical Cannabis revenues. To carry
out its regulatory duties, the Commission shall have unrestricted access to all areas of a
facility and to all its records. The Commission shall have authority to take enforcement
actions, including suspension or revocation of any license, when appropriate.
The jurisdiction, supervision, powers, and duties of the Commission extend to all facilities,
Programs, and persons licensed pursuant to this Code.
The Commission shall! have the functions, powers, and duties specified herein as well as
those necessary or proper to enable it to carry out fully and effectually all the purposes of this
Code. These functions, powers, and duties include but are not limited to, the power:
a. To regulate the purchase, production, possession, processing, packaging, storing,
transporting, transferring, selling and receipt of Medical Cannabis Products on the
Reservation in accordance with the provisions of this Code and applicable
regulations;
b, To grant, deny, issue, renew, refuse, suspend, cancel, or revoke temporary and final
licenses necessary for the lawful operation of a Medical Cannabis Program
or Facility on the Reservation pursuant to this Code;
c. To conduct background investigations, or cause such investigations to be
conducted, for all persons needing licenses;
Amendment Passed: July 23", 2025 13
Motion No, 120
Resolution No. SWO-25-053
d. To obtain and process fingerprints, or designate a law enforcement or other Tribal
agency to obtain and process fingerprints;
e. To inspect, examine and monitor all of the activities of a Facility and Program
licensed by the Oyate and have immediate access to review, inspect, examine,
photocopy and audit all records;
f. To ensure that the applicable taxes and fees are levied and collected pursuant to the
Tax Code and any other tribal law;
g. To investigate and aid in the prosecution of every violation of this Code and
cooperate in the prosecution of offenders before any tribal, state, or federal court of
competent jurisdiction;
h. To promulgate and issue regulations necessary to comply with applicable internal
control standards; and
i. To promulgate such regulations as are necessary for implementation of this Code
which when adopted will have the force of law.
5. The Commission has no power to purchase, produce, possess, process, package, store,
transport, transfer, or sell Medical Cannabis or Medical Cannabis products. The Commission
may not revoke or refuse to issue or renew a temporary or final license on the basis that
manufacturing, distributing, dispensing, possessing, or using Medical Cannabis is prohibited
by federal law.
81-04-05 COMMISSION RULEMAKING AUTHORITY.
1. Not later than 60 (Sixty) days after the Cannabis Commission is seated, the Commission
shall create regulations that supplement and implement this Code, with such regulations
being adopted by a majority vote of the Commission. Such regulations shall include:
a. Requirements to prevent the sale, diversion, or distribution of Medical Cannabis and
Medical Cannabis products to persons under the age of 21, except as prescribed by a
practitioner and as otherwise provided for in 81-03-05;
b. Requirements to prevent revenue from the sale of Medical Cannabis and Medical
Cannabis products from going to criminal enterprises, gangs, and cartels;
c. Requirements to prevent the diversion of Medical Cannabis Products from the
Reservation, the State of South Dakota, and the State of North Dakota, where it is
legal under state law in some form, to other states where it is illegal in all forms;
Amendment Passed: July 23", 2025 14
Motion No. 120
Resolution No. SWO-25-053
d. Requirements to prevent Tribal Medical Cannabis activity from being used as cover
or a pretext for trafficking of other illegal drugs or illegal activity;
e. Requirements to prevent violence and the use of firearms in the cultivation and
distribution of Medical Cannabis and Medical Cannabis products on the
Reservation;
f. Requirements to prevent drugged driving and the exacerbation of other adverse
public health consequences associated with Medical Cannabis use on the
Reservation;
g. Requirements to prevent the growing of Medical Cannabis on public land and the
attendant public safety and environmental dangers posed by Medical Cannabis
production on public lands. For purposes of this Code, a Licensed Facility, owned
and operated by the Oyate or a tribal member, shall not constitute public lands,
provided that adequate security measures are in place to limit access to the general
public;
h. Requirements to prevent Medical Cannabis possession or use on federal property.
For purposes of this Code, a Licensed Facility, owned and operated by the Oyate or
a tribal member, shall not constitute federal property, provided that adequate security
measures are in place to limit access to the general public;
i. Procedures for the granting, denying, issuance, renewal, refusal, suspension,
cancellation, or revocation of temporary and final licenses for a Facility, the
Program, and Persons needing to be licensed;
j. Procedures for obtaining such written certifications of medical need, Medical
Cannabis cards, and the maintenance of a registry of qualifying patients and
designated caregivers;
k. Procedures for the use of Medical Cannabis at schools within the Reservation, if
such use is permitted by the applicable school board;
lL Aschedule of application, registration, and renewal fees necessary to cover the costs
to implement this Code;
m. Security requirements for Facilities on the Reservation, including lighting, physical
security, video, and alarm requirements;
n. Requirements for the transportation of Medical Cannabis and Medical
Cannabis products including seed-to-sale tracking included as part of a Medical
Cannabis Plant Monitoring System;
Amendment Passed: July 23", 2025
Motion No. 120
Resolution No, SWO-25-053
o. Labeling requirements for Medical Cannabis and Medical Cannabis Products sold or
distributed by the Program;
p. Health and safety requirements and standards for the manufacture of Medical
Cannabis Products and the production of Medical Cannabis;
q. Restrictions on the advertising, marketing, signage, and display of Medical Cannabis
and Medical Cannabis products, including but not limited to a prohibition on massmarket campaigns that have a high likelihood of reaching minors;
r. Employment and training requirements, including requiring that each Licensed
Facility have a photo identification badge system for each person who works at the
Facility;
s. Restrictions governing visits to Licensed Facilities, including requiring the Facility
to log visitors and issue temporary badges for all visitors on site;
t. Restrictions on the display of Medical Cannabis and Medical Cannabis products,
including ensuring that Medical Cannabis and Medical Cannabis products may not
be displayed in a manner that is visible to the general public from a public right-ofway;
u. Restrictions or prohibitions on additives to Medical Cannabis and Medical Cannabis
Products, including but not limited to those that are toxic, designed to make the
product more addictive, designed to make the product more appealing to children, or
misleading to consumers;
v. Restrictions on the use of pesticides and other chemicals that might harm human
health;
w. Standards for the safe manufacture of Medical Cannabis extracts and concentrates;
x. Specifications for a Medical Cannabis Plant Monitoring System;
y. Requirements for random sample testing which may done on or off- site to ensure
quality control, including by ensuring that Medical Cannabis and Medical Cannabis
Products are accurately labeled for potency. The testing analysis shal! include testing
for such substances as the following, in the discretion of the Commission: residual
solvents; poisons or toxins; harmful chemicals; dangerous molds or mildew; filth;
and harmful microbials such as E. Coli or salmonella and pesticides;
z. Standards for the operation of Medical Cannabis testing facilities, including
requirements for equipment and qualifications for personnel;
Amendment Passed: July 23"4, 2025
Motion No. 120
Resolution No. SWO-25-053
aa. Procedures for collecting fees levied;
bb. Minimum internal control standards designed to reasonably assure that: (i) assets are
safeguarded and accountability over assets is maintained; (it) liabilities are properly
recorded and contingent liabilities are properly disclosed; (iii) financial records
including records relating to revenues, expenses, assets, liabilities, and equity/fund
balances are accurate and reliable; (iv) transactions are performed in accordance
with the Commission's general or specific authorization; (v) access to assets is
permitted only in accordance with the Commission's approved procedures; (vi)!
recorded accountability for assets is compared with actual assets at frequent intervals
and appropriate action is taken with respect to any discrepancies; (vii) functions,
duties and responsibilities are appropriately segregated and performed in accordance
with sound practices by qualified personnel; and (viii) all persons subject to this
Code comply with this Code and applicable regulations;
cc. Provisions establishing civil penalties for the failure to comply with this Code or
regulations adopted hereunder; and
dd. Reservation of Rights. The Tribe reserves the right to amend the provisions of this Code
and the regulations at any time for any reason. Nothing in this Code shall be construed to
limit the Tribe’s legislative or regulatory authority to enact or promulgate legal
requirements that apply to all licensees. This provision shall apply to all licenses,
vendors, and commercial entities, without regard to when they received a license or
entered into an agreement with the Sisseton- Wahpeton Oyate.
ee. Create a process that will ensure that all cultivation, dispensary, and manufacturing is to
be on one hundred (100%) percent Tribally owned or individual trust lands.
ff. Create a process that will allow the importation and transportation of cannabis products
from within the original Sisseton- Wahpeton Oyate boundaries and from other federally
recognized Indian tribes.
gg. Create a policy on testing, and for it to be conducted through state cannabis testing
facilities unless the Tribe owns and operates one, then that facility may be used along
with the state cannabis testing facilities.
hh. Create regulations for the use and cultivation of cannabis through greenhouse growing
establishments.
ii. Create regulations for the use of research and development waivers for sun grown cannabis.
jj. Create regulations and license for the manufacturing of cannabis products.
kk. Create regulations requiring cannabis product packaging.
Amendment Passed: July 23", 2025 17
Motion No. 120
Resolution No. SWO-25-053
TITLE V LICENSING
81-05-01 MEDICAL CANNABIS PROGRAM.
1, The Medical Cannabis Applicants and Facilities shall apply for a license and any required
subsequent renewals as required by the regulations adopted by the Commission.
2. Every application for a license or renewal shall be accompanied by a nonrefundable fee
established by the Commission. This application or renewal fee shall be in addition to
fingerprinting, photographing, and background check costs. Fingerprinting, photographing,
and background check fees will be as established by the Commission. All temporary and
final licenses expire after one year and must be renewed annually.
3. All licensed Medical Cannabis Facilities must keep accurate records and follow accepted
cash handling practices, including regular bank runs and cash drops, and maintain a general
ledger of cash transactions.
4. All licensed Medical Cannabis Facilities must submit copies of annual financial statements
within one hundred twenty (120) days after the close of each fiscal year to the Commission
and to the Tribal Council. These annual financial statements shall conform to generally
accepted auditing standards.
5. All persons (whether individual or entities), facilities, financial sources, licensed facilities, or
tribal members included in any for-profit business entity conducting a retail business as set
forth in this Code, with the purpose of selling Medical Cannabis to a qualifying patient or
other person shall comply with the requirements of Chapter 53, SWO Business License
Ordinance, Chapter 67, SWO Tax Code, and any other law now or in the future made
applicable to Medical Cannabis.
81-05-02 MEDICAL CANNABIS FACILITY LICENSING.
1. This Code authorizes ten (10) retail facility licenses to operate on trust lands within the
exterior boundaries of the Sisseton- Wahpeton Oyate Lake Traverse Reservation, the square
footage of each retail facility shall be up to eight thousand (8,000) square feet. The awarding
and costs of the licenses are to be determined by the Cannabis Commission Regulations.
2. This Code authorizes ten (10) small indoor cultivation facility licenses to operate on trust
lands within the exterior boundaries of the Sisseton- Wahpeton Oyate Lake Traverse
Reservation, the square footage of each cultivation facility shall be up to five thousand
(5,000) square feet. The awarding and costs of the licenses are to be determined by the
Cannabis Commission Regulations.
3. This Code authorizes three (3) medium indoor cultivation facility licenses to operate on trust
lands within the exterior boundaries of the Sisseton-Wahpeton Oyate Lake Traverse
Amendment Passed: July 23", 2025 18
Motion No. 120
Resolution No. SWO-25-053
10.
Reservation, the square footage of each cultivation facility shall be from five thousand (5,000)
square feet to fifteen thousand square feet (15,000). The awarding and costs of the licenses are
to be determined by the Cannabis Commission Regulations.
This Code authorizes three (3) large indoor cultivation facility licenses to operate on trust lands
within the exterior boundaries of the Sisseton-Wahpeton Oyate Lake Traverse Reservation, the
square footage of each cultivation facility shall be from fifteen thousand (15,000) square feet
to thirty thousand square feet (30,000). The awarding and costs of the licenses are to be
determined by the Cannabis Commission Regulations.
This Code authorizes five (5) manufacturing facility licenses to operate using non-volatile
solvents on trust lands within the exterior boundaries of the Sisseton- Wahpeton Oyate Lake
Traverse Reservation, the square footage of each manufacturing facility shall be up to two
thousand five hundred (2,500) square feet. The awarding and costs of the licenses are to be
determined by the Cannabis Commission Regulations.
This Code authorizes three (3) manufacturing facility licenses to operate using non-volatile
solvents on trust lands within the exterior boundaries of the Sisseton- Wahpeton Oyate Lake
Traverse Reservation, the square footage of each manufacturing facility shall be from two
thousand five hundred (2,500) square feet to five (5,000) thousand square feet. The awarding
and costs of the licenses are to be determined by the Cannabis Commission Regulations.
This Code authorizes only one (1) manufacturing facility license for the Sisseton-Wahpeton
Oyate operate allowing the use of volatile solvents on trust lands within the exterior boundaries
of the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation. The costs of the specialty
license is to be determined by the Cannabis Commission Regulations.
All production, possession, processing, packaging, and storing of Medical Cannabis must
take place in a secure facility located on the Sisseton- Wahpeton Reservation. The secure
facility may only be accessed by licensed persons, authorized visitors, emergency personnel,
and law enforcement. The facility must be licensed by the Commission to lawfully operate
on the Reservation.
All Licensed Facilities shall be constructed, maintained, and operated in a manner that
adequately protects the environment and the health and safety of the public. The Commission
shall identify the environmental, health, and public safety standards with which the Licensed
Facility must comply. At a minimum, the Facility must be constructed to meet the Uniform
Building Codes then in effect, including all uniform fire, plumbing, electrical, mechanical,
and related codes and be operated so as not to create or allow erosion or result in
contaminated runoff into any stream, creek, river, or other body of water.
The Commission may limit the size, location, capacity, and hours of operation depending on
adverse impacts on the Oyate, environment, and surrounding area. The Licensed Facility
must have an air treatment system that ensures off-site odors do not result. No Licensed
Facility may be located within one thousand (1;000) feet of a school or child-care center
Amendment Passed: July 23", 2025 19
Motion No. 120
Resolution No. SWO-25-053
11. A Licensed Facility shall post clear and legible signs indicating that the use or consumption
of Medical Cannabis at the Facility is illegal. No Medical Cannabis or Medical Cannabis
product testing may be done on-site. All such random sample testing must be done off-site by
a registered Medical Cannabis testing facility approved by the Commission.
12. All entrances to a Licensed Facility must always be locked and strictly controlled. The
Commission shall prescribe those procedures necessary to ensure proper security and control
of a Licensed Facility.
13. No person under the age of twenty-one (21) may be present at a Licensed Facility. The
entrance to a Facility must be clearly and legibly posted with a notice indicating that persons
under the age of twenty-one (21) are precluded from entering the Facility.
14. A Licensed Facility shall provide adequate security on the premises, as approved by the
Commission, including lighting and alarms, to ensure the safety of persons, to prevent
unauthorized access, and to protect the Facility from theft.
a. These measures may include continuous video surveillance of all areas identified
by the Commission, such as entrances, exits, areas immediately surrounding the
Facility, and areas where Medical Cannabis and/or cash is located. The
Commission will determine the length of time such surveillance must be retained.
b. These measures may also include the use of professional armed guards licensed or
registered by relevant authorities as determined by the Commission.
81-05-03 LICENSING OF INDIVIDUALS.
1. Excluding persons who are only qualified patients, persons with valid identification cards
issued by the Sisseton- Wahpeton Oyate, or designated caregivers receiving Medical
Cannabis from the Medical Cannabis Program, the following persons must be licensed by the
Commission to lawfully operate on the Reservation:
a. All owners, operators, managers, officers, directors, volunteers, employees, agents, and
contractors (excluding licensed professionals);
b. All other persons having a significant influence over a licensed Medical
Cannabis Facility and Dispensary; and
c. All persons having a direct financial interest in a licensed Medical Cannabis License,
Business or Property.
2. All such persons needing to be licensed must apply to the Commission. At a minimum, the
application must request the following information:
Amendment Passed: July 23”, 2025 20
Motion No. 120
Resolution No. SWO-25-053
a. Full name, other names used (oral or written), social security number, birth date, place
of birth, citizenship, gender and all languages spoken and/or written;
b. Current, and for the previous five (5) years, business and employment positions held,
ownership interests in those businesses, business and residential addresses, and driver's
license numbers;
c. The names and current addresses of at least three (3) personal references, including one
personal reference with whom the applicant was acquainted during each period of
residence listed above;
d. Current business and residential telephone numbers, and all cell phone numbers;
e. A description of any existing and previous business relationships with other tribes,
including any ownership interests in the businesses;
f. A description of any existing and previous business relationships with the Medical
Cannabis industry generally, including ownership interests in the businesses;
g. The name and address of any licensing or regulatory agency with which the person has
filed an application for a license or permit related to Medical Cannabis, whether such
license or permit was granted;
h. For each felony conviction or ongoing felony prosecution, the charge, the name and
address of the court involved, and the date of disposition, if any;
i. For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding
minor traffic violations) within ten (10) years of the date of the application, the name
and address of the court involved and the date of disposition, if any;
j. For each criminal charge (excluding minor traffic charges), whether or not there is a
conviction, if such criminal charge is within ten (10) years of the date of the
application, the criminal charge, the name and address of the court involved, and the
date of disposition, if any;
k, A current photograph;
1. Fingerprints; and
m. Copy of SWO Tribal ID Card.
3. The Commission shall investigate the background of every individual applicant before the
applicant may be licensed. As part of the investigation, the Commission shall:
Amendment Passed: July 23", 2025
Motion No. 120
Resolution No. SWO-25-053
21
a. Verify the applicant's identity through items such as a social security card, driver's
license, birth certificate or passport;
b. Contact each personal and business reference provided in the license application,
when possible;
c. Conduct a personal credit check of the applicant;
d. Conduct a civil history check for past or outstanding judgments, current liens, past or
pending lawsuits, and any other information deemed to be relevant;
e. Conduct a criminal history records check using fingerprints;
f. Based on the results of the criminal history records check, as well as information
acquired from an applicant's self-reporting or from any other source, obtain information
from the appropriate court regarding any past felony and/or misdemeanor convictions
or ongoing prosecutions within the past ten (10) years; a felony will not prevent an
individual from obtaining a license, unless it is any felony regarding distribution of
illegal substances and/or controlled substances.
g. Inquire into any previous or existing business relationships with the Medical Cannabis
industry;
h. Verify the applicant's history and current status with any licensing agency by
contacting the agency; and
i. Take other appropriate steps to verify the accuracy of the information.
The Commission shall ensure that all records and information obtained because of a
background investigation shall remain confidential and shall not be disclosed to any persons
who are not directly involved in the licensing or employment processes.
All applicants approved for a license under this Code shall expressly indemnify, release, and
hold harmiess the Sisseton- Wahpeton Oyate from and against any and all liability from state
or federal criminal/civil judgements and any liability whatsoever related to any license issued
under this Code and regarding any and all activities conducted by any licensee, their agent,
employees, and representatives.
81-05-04 FINANCIAL SOURCE LICENSING.
1.
Any person (whether individual or entity) extending financing (whether equity or debt),
directly or indirectly, to the licensed Medical Cannabis Program must be licensed by the
Commission prior to extending that financing, provided that any person who is extending
Amendment Passed: July 23", 2025
Motion No. 120
Resolution No. SWO-25-053
22
2.
uw
n
financing at the time of the adoption of this Code shall be licensed by the Commission as
soon as practicable.
These licenses shall be reviewed quarterly for continuing compliance and renewal. In
connection with such a review, the Commission shall require the financial source to update
all information provided in the previous application.
. Any agreement between a tribal entity licensed under the Medical Cannabis Program and a
financial source shall include a provision for the agreement’s termination without further
liability on the part of the tribal entity licensed under the Medical Cannabis Program, except
for the bona fide repayment of all outstanding principal sums (exclusive of interest) owed as
of the date of termination or upon revocation or non-renewal of the financial source’s license
by the Commission acting in good-faith.
The Commission may, at its discretion, exclude from the licensing requirements of this
section, financing provided by a bank, savings and loan, or other financial institution
regulated by a tribal, state, or federal government or financing provided by any agency ofa
tribal, state, or federal government.
Investment must be in the form of bank transfer or check and verified by the commission.
. Sale or transfer of a license is prohibited.
At least 51% ofa licensed business must be owned by a Sisseton- Wahpeton Oyate tribal
member, or an authorized tribal entity, or a tribal district owned business entity.
TITLE VI GENERAL PROHIBITIONS
81-06-01 GENERAL PROHIBITIONS.
1.
2.
3.
Nothing in this Code shall operate or be construed to allow the State of South Dakota, the
State of North Dakota, or any political subdivision thereof the ability to impose criminal,
civil, regulatory, or land use laws within the jurisdiction of the Sisseton- Wahpeton Oyate of
the Reservation.
Nothing in this Code shall be deemed to conflict with federal law as contained in the
Controlled Substances Act, 21 U.S.C. § 841, or otherwise permit any activity that is
unlawfully and constitutionally prohibited under that Act.
Nothing in this Code shall be construed to:
a. Allow persons to engage in conduct that endangers others or causes a public nuisance;
b, Allows the use of Medical Cannabis for nonmedical purposes;
Amendment Passed: July 23", 2025 23
Motion No. 120
Resolution No. SWO-25-053
4.
Allows any activity related to the cultivation, distribution, or consumption of Medical
Cannabis that is otherwise illegal.
To the extent practicable, this Code shall operate to:
h.
Prevent the distribution of Medical Cannabis to persons under 21 years of age, except
as prescribed by a practitioner and as otherwise provided for in 81-03-05;
Prevent revenue from the sale of Medical Cannabis from going to organized criminal
enterprises, gangs, and cartels;
Prevent the diversion of Medical Cannabis from the Sisseton- Wahpeton Oyate of the
Reservation where it is legal under state law or Tribal Code in some form to states
where Medical Cannabis is illegal;
Prevent Medical Cannabis activity that is legal under this Code from being used as a
cover or pretext for the trafficking of other illegal drugs or other illegal activity;
Prevent violence and the use of firearms in the cultivation and distribution of Medical
Cannabis;
Prevent drugged driving and the exacerbation of other adverse public health
consequences associated with the use of Medical Cannabis;
Prevent the growing of Medical Cannabis on public lands and the attendant public
safety and environmental dangers posed by Medical: Cannabis production on public
lands; and
Prevent the possession and use of Medical Cannabis on federal property.
5. This Code shall not be construed to:
a,
Prohibit a recipient of a federal grant or an applicant for a federal grant from
prohibiting the manufacture, delivery, possession, or use of Medical Cannabis to the
extent necessary to satisfy federal requirements for the grant;
Prohibit a party to a federal contract or a person applying to be a party to a federal
contract from prohibiting the manufacture, delivery, possession, or use of Medical
Cannabis to the extent necessary to comply with the terms and conditions of the
contract or to satisfy federal requirements for the contract; or
Require a person to violate a tribal, state, or federal law or exempt a person from a
tribal, state, or federal law or obstruct the enforcement of a tribal, state, or federal law.
Amendment Passed: July 23"@, 2025
Motion No. 120
Resolution No. SWO-25-053
24
81-06-02 LIMITATION ON RETAIL ACTIVITY.
No Person or Business Entity, unless licensed by the Sisseton- Wahpeton Oyate Cannabis
Commission, may purchase, produce, possess, process, package, store, transport, transfer, or sell
Medical Cannabis or-Medical Cannabis, or products on a retail basis on the Reservation.
81-06-03 PRODUCTION FOR INDIVIDUAL USE.
No individual may produce Medical Cannabis products on the Reservation for individual use
except as outlined in 81-03-03 (2). ;
81-06-04 DRIVING UNDER THE INFLUENCE.
Nothing in this Code is intended to allow driving under the influence of Medical Cannabis or
driving while impaired by Medical Cannabis or to supersede laws related to driving under the
influence or driving while impaired.
81-06-05 PERSONS UNDER THE AGE OF 21,
Nothing in this Code is intended to permit the transfer of Medical Cannabis, with or without
remuneration, to a person under the age of 21 or to allow a person under the age of 21 to
purchase, possess, use, transport, grow, or consume Medical Cannabis except as prescribed by a
practitioner and as otherwise provided for in 81-03-05.
81-06-06 EMPLOYMENT.
Nothing in this Code is intended to require an employer to permit or accommodate the use,
consumption, possession, transfer, display, transportation, sale, or growing of Medical Cannabis
in the workplace or to affect the ability of employers to have policies restricting the use of
Medical Cannabis by employees or discipline employees who are under the influence of Medical
Cannabis in the workplace.
81-06-07 POSSESSION OF FIREARMS.
The possession of firearms shall be prohibited at Licensed Facilities except for law enforcement
or security personnel authorized to carry such firearm by the Board or by federal law.
81-06-08 TRANSPORTATION OF CANNABIS
Every Cannabis Licensee that transports cannabis products within the boundaries of the Sisseton-
Wahpeton Oyate shall obtain a transporter license from the Cannabis Commission.
Amendment Passed: July 23", 2025 25
Motion No. 120
Resolution No. SWO-25-053
81-06-09 TRANSPORTATION OF CANNABIS OUTSIDE THE BOUNDARIES OF
THE LAKE TRAVERSE RESERVATION
Transportation of cannabis beyond the boundaries of the reservation is prohibited, unless it’s
done in accordance with appliable law and regulation of Cannabis Commission.
81-06-10 MANUFACTURING OF CANNABIS
Every manufacturer of a cannabis product must have a license through the Cannabis Commission
and must comply with permissible methods of extraction and quality control requirements.
TITLE VIL REPORTING REQUIREMENTS
81-07-01 LICENSEE REPORTING REQUIREMENTS.
Changes in Contact Information. Licensee shall report any changes in contact information to the
Commission within fourteen (14) days of the change.
81-07-02 COMMISSION REPORTING REQUIREMENTS.
1. Retention. The Commission shall maintain information on Medical Cannabis licenses,
license applications, and other relevant information regarding land on which cannabis is
produced, including a legal description of the land, for a period of not less than five (5)
calendar years.
2. Commission Recordkeeping and Reporting Requirements are as follows:
a. Commission shall retain for a period of at least five (5) calendar years, all
information required to be collected or submitted pursuant to this Chapter.
b, The Commission shall report annually to the Tribal Council on the fee amount, the
acres of Medical Cannabis in production and the revenue generated from Medical
Cannabis.
81-07-03 CONFIDENTIALITY.
Except as required by reporting to law enforcement, the Commission shall protect the privacy of
the following collected information: proprietary information, all personally identifiable
information including name; physical address; drivers’ licenses; social security numbers; GPS
coordinates; telephone numbers; email address. Such information shall be shielded by the
Commission to the maximum extent.
Amendment Passed: July 23", 2025 26
Motion No. 120
Resolution No. SWO-25-053
Sisseton - Wahpeton Oyate
LAKE TRAVERSE RESERVATION
PO BOX 509 12554 BIA HWY. 711
AGENCY VILLAGE, SOUTH DAKOTA 57262-0509
PHONE: (605) 698-3911
TRIBAL COUNCIL RESOLUTION NO. SWO-25-053
Amendment to Chapter 81 — Medical Cannabis Code
WHEREAS, The Sisseton-Wahpeton Oyate is organized under a Constitution and By-laws
adopted by the members of the Tribe on August 1-2, 1966, and approved by the
Commissioner of Indian Affairs on August 25, 1966, and last amended effective
November 15, 2006; and
WHEREAS, The Constitution ARTICLE Ill, Section 1, states that, the Sisseton-Wahpeton
Oyate shall be governed by a Council, and ARTICLE VII, Section 1, states that,
the Council shall have the following powers: (a) to represent the Tribe in all
negotiations with Federal, State and local governments; (b) to acquire, own, use,
manage, lease and otherwise encumber and to dispose of Tribal property, both
real and personal, wherever situated; (c) to engage in any business that will
further the economic development of the Tribe and its Members, and to use
Tribal funds or other resources for such purposes; (d) to make rules governing
the relationship of the members of the Tribe, to Tribal property, and to one
another as members of the Tribe; (e) to hire employees and agents, including
legal counsel, directly or as independent contractors, and to compensate them
for their services; (f) to deposit Tribal funds to the credit of the Tribe, without
limitations of the arnount in any account; (g) to take any action by ordinance,
resolution, or otherwise which are reasonably necessary through committees,
boards, agents or otherwise, to carry into effect the for-going purposes; (h) to
promote public health, education, charity, and such other services as may
contribute to the social advancement of the members of the Sisseton-Wahpeton
Oyate; (i) adopt resolutions regulating the procedures of the Tribal Council, its
officials and committees in the conduct of Tribal Affairs; and
WHEREAS, the Sisseton-Wahpeton Oyaie established and enacted into law a Medical
Cannabis Code, Chapter 81 on or about November 2, 2021 by Motion #11; and
WHEREAS, the Sisseton-Wahpeton Oyate has set the Medical Cannabis Code as a priority
as referenced by Tribal Council Motion #120 passed on July 23, 2025; and
WHEREAS, that since establishing the Medical Cannabis Code, Chapter 81, the Tribal
Council has amended the Code a number to times which have been passed by
motions and Resolutions spécifically on December 22, 2021 by Motion #74, on
December 22, 2022 by Motion #74 and ratified such changes on March 7", 2023
by Motion #42, on May 31%, 2023 by Motion #419, on August 2, 2023 by Motion
#67; on April 24", 2024 by Motion #100, and on December 12, 2024 by Motion
#96, on July 23, 2025 by Motion # 120; and
BIG COULEE ¢ BUFFALO LAKE « ENEMY SWIM « HEIPA/VEBLEN * LAKE TRAVERSE * LONG HOLLOW » OLD AGENCY
TRIBAL COUNCIL RESOLUTION NO. SWO-25-053 ; Page 2
Amendment to Chapter 81 ~ Medical Cannabis Code
WHEREAS, _ the Sisseton-Wahpeton Oyate Tribal Council now amends the Medical Cannabis
Code, Chapter 81 as follows:
r
81-01-03 PURPOSE AND SCOPE.
b. Ensure that seriously ill people on the Reservation have the right to
obtain and use Medical Gannabis for medical purposes (i) where that
medical use is deemed appropriate and has been recommended by a
Practitioner in a Bona fide practitioner-patient relationship where the
Practitioner has determined that the patient's health would benefit
from use of Medical Cannabis tn the treatment of a serious medical
condition, or (ii) where the seriously ill person is a medical cannabis
Cardholder which card has been issued by a-State-or-tribal- authority
the Sisseton-Wahpeton Ovate cannabis licensing authority, or tH)
Explanation: The Tribal Council submitted proposed changes to Chapter 81 to
require all patients intending to utilize the Sisseton-Wahpeton Oyate Medical
Cannabis Program to obtain a Sisseton-Wahpeton Oyate government issued
Medical Cannabis Card. The program will not accept a state or other tribal
authority issued cannabis cards.
81-02-01 DEFINITIONS.
3. “Bona fide practitioner-patient relationship” means that a practitioner and
patient have a treatment or consulting relationship (on a live in-person basis
or through a video connection on the internet) during the course of which the
practitioner has completed an assessment of the patient’s medical history
and current medical condition, the practitioner has consulted with the patient
with respect to the patient’s debilitating medica! condition and the practitioner
is available to or offers to provide follow up care and treatment to the patient
(on a live in-person basis or through a video connection on the internet). A .
“bona fide practitioner-patient relationship” shall also include a medical
sannabis-card practitioner obtained through an internet website so long as
the internet website requires that a practitioner and patient have a treatment
or consulting relationship through such website or other video connection
during the course of which the practitioner has completed an assessment of
the patient's medical history and current medical condition, and the medical
practitioner has consulted with the patient with respect to the patient's
debilitating medical condition. The Commission shall identify websites which
shall be treated as establishing a bona-fide practitioner-patient relationship.
5. “Cardholder” a qualifying patient or a designated caregiver who has been
issued and possesses a valid registry identification card issued by the
Sisseton-Wahpeton Oyate Tribe, orissued by-an-auithorized State-orother
fibal-authority-erissued- by athird party satisfying the bona fide practitioner-
patient relationship described above.
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[Read from a scan; the first 30 pages.]
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.