51.02.010 Definitions

(a) "Acceptable Hemp THC level" means when the application of the measurement of uncertainty to the reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis for a hemp sample produces a distribution or range that includes 0.3% or less.

(b) "Applicant" means a person, or a person who is authorized to sign for a business entity, who submits an application under this title.

(c) "Building" means any single standing structure with walls and a roof but shall not include separate structures connected by corridor or breezeways.

(d) "Commission" means the Tribal Hemp Regulatory Commission, a regulatory arm of the Tribal government.

(e) "Contiguous field" means any contiguous tract of land used for the cultivation of hemp and may include contiguous tracts of land occasionally intersected by roads, streams or other natural features but shall not include a tract or tracts of land intersected by property owned by a third party or gaps in the cultivation of hemp exceeding one quarter of a mile.

(f) "Commercial Sales" means the sale of a product in the stream of commerce at retail or at wholesale, including sales on the Internet.

(g) "Constitution" means the Constitution of the Turtle Mountain Band of Chippewa Indians.

(h) "Cultivate" means to plant, water, grow, or harvest a plant or crop.

(i) "Cultivation site" means the contiguous field, building, or other area hemp may be lawfully cultivated.

(j) "Culpable mental state greater than negligence" means to act intentionally, knowingly, willfully, recklessly, or with criminal negligence.

(k) "Disqualifying drug conviction" means a conviction related to a controlled substance that is either a felony under state or federal law or equivalent to a Schedule 5 offense under Title 26 Offenses and Penalties of the Turtle Mountain Band of Chippewa Indians Tribal Code that occurred before, on or after the enactment of the 2018 Farm Bill and which disqualifies an individual from obtaining a License under this title for ten (10) years following the date of the conviction. An exception applies to a person who was lawfully growing hemp under the 2014 Farm Bill before December 20, 2018 and whose conviction also occurred before that date.

(l) "FSA" means the USDA Farm Service Agency.

(m) "GPS" means global positioning system.

(n) "Handling" means processing or storing hemp plants for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process hemp. "Handling" also includes possessing or storing hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process industrial hemp to the premises of another licensed person. "Handling" does not mean possessing or storing finished hemp products.

(o) "Health Department" means the Tribe's Health Department.

(p) "Hemp" means 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 THC concentration of not more than three tenths of one percent (.3%) on a dry weight basis, or as otherwise defined in Federal law, whichever is greater.

(q) "Hemp processing facility" means any building where hemp plants may be lawfully processed under this title.

(r) "Hemp Regulatory Officer" means the Officer of the Hemp Regulatory Commission.

(s) "Jurisdiction" means the Tribe's jurisdiction as defined in Article II of the Constitution. The Tribe hereby asserts jurisdiction over any cultivation site on fee land within the Tribe's Reservation boundaries.

(t) "Key Participant" means the individual applying for or holding a Hemp Production License, and any owners, directors, subcontractors, or other persons who have a direct or indirect interest in the entity producing hemp.

(u) "Licensee" means any person or corporation possessing a license issued by the Commission to participate in hemp production or processing within the Tribe's jurisdiction.

(v) "Negligence" means the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.

(w) "Process" means to covert an agricultural commodity into marketable form using any manner of mechanical, chemical, or other processing technique.

(x) "Produce" means to grow or cultivate hemp within the Tribe's jurisdiction.

(y) "Subcontractor" means a person or business entity that has contracted with a Licensee and provides supplies, labor, land, or expertise related to the Licensee's license.

(z) "THC" means delta-9 tetrahydrocannabinol measured post decarboxylation.

(aa) "Tribe" means the Turtle Mountain Band of Chippewa Indians.

(bb) "USDA" means the United States Department of Agriculture.

(cc) "Variety" means a group of plants or an individual plant that exhibits distinctive observable physical characteristic(s) or has a distinct genetic composition.