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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New Cotle C1 Amended Code &Repealed Code C]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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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.

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