Ordinance - Medical Marijuana

1 CHEROKEE COUNCIL HOUSE
2 CHEROKEE, NORTH CAROLINA

3
4 Date: August 5, 2021
5
6
7 ORDINANCE NO.: 539 (2021)
8
9 An ordinance establishing a system of medical marijuana.
10
11 WHEREAS, the Eastern Band of Cherokee Indians, as a federally recognized Indian tribe, has the
12 inherent sovereign authority to make its own laws to govern activities on Tribal
13 lands; and
14
15 WHEREAS, many enrolled members of the Tribe have expressed to Tribal Council, the Principal
16 Chief, and the Vice Chief that those members continue to support changing Tribal
17 law to advance access to medical marijuana; and
18
19 WHEREAS, there is evidence that when used responsibly medical marijuana can help treat
20 chronic illness and conditions including epilepsy, seizures, muscle spasms, cancer,
21 glaucoma, multiple sclerosis, nausea, pain (including lessening the dependence on
22 opioids), cachexia, complications related to Alzheimer’s Disease, Crohn’s Disease,
23 as well as multiple mental health conditions; and
24
25 WHEREAS, enrolled members should not be prohibited from responsibly accessing, possessing,
26 and using small amounts of marijuana for medicinal and health reasons; and
27
28 WHEREAS, Tribal Council has previously passed resolutions to investigate the possible benefits
29 of marijuana for the Tribe in Res. No. 241 (2016), Res. No. 635 (2017), Res. No. 401
30 (2018), Res. 24 (2019), and Res. 323 (2020); and
31
32 WHEREAS, while marijuana continues to be prohibited by the federal Controlled Substances Act
33 (21 U.S.C. 801 et seq.), several tribes, 36 states, four U.S. territories, and the District
34 of Columbia have legalized medical marijuana to some extent; and
35
36 WHEREAS, that Tribal law was recently amended to partially decriminalize small amounts of
37 marijuana in Ord. 380 (2021), ratified on May 20, 2021; and
38
39 WHEREAS, it is in the best interests of the Tribe to continue advancing the policy of allowing
40 responsible access to small amounts of marijuana to be used safely for medicinal and
41 health purposes.
42
43 NOW THEREFORE BE IT ORDAINED, by the Tribal Council of the Eastern Band of Cherokee
44 Indians, in Council assembled at which a quorum is present, that in order to allow
45 for medicinal use of small amounts of marijuana that the Cherokee Code shall be
46 amended as follows:
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1 Cherokee Code Chapter 17 – Medical Marijuana
2
3 Article I: General Provisions
4
5 Sec. 17-1. – Legislative findings and declarations.
6 (a) The medical cannabis industry has the potential to be beneficial to the public health of the
7 Tribe and the general welfare of enrolled members.
8 (b) The growth and success of a medical cannabis industry is dependent upon public
9 confidence and trust that:
10 (1) People who suffer from chronic or debilitating medical conditions will be able to
11 obtain medical cannabis safely and conveniently;
12 (2) Medical cannabis establishments do not unduly impact the quality of life enjoyed
13 of nearby residents and the community at large;
14 (3) Medical cannabis establishment licenses, agent cards, and patient cards are issued
15 in a responsible manner; and
16 (4) The medical cannabis industry is free from criminal and corruptive practices.
17 (c) Public confidence and trust can only be maintained by strict regulation of all persons,
18 locations, practices, associations, and activities related to the operation of medical cannabis
19 establishments.
20 (d) All medical cannabis establishments and medical cannabis establishment agents must
21 therefore be licensed, controlled, and assisted to protect the public health, safety, morals,
22 good order, and general welfare of the Tribe and to foster the stability and success of the
23 medical cannabis industry.
24
25 Sec. 17-2. – Definitions.
26 As used in this chapter, unless the context clearly otherwise requires, the following words and
27 terms have the following definitions:
28 (a) “Administer” means the direct application of a controlled substance, whether by injection,
29 inhalation, ingestion, or any other means, to the body of a patient or research subject by:
30 (1) A practitioner or, in the practitioner’s presence, by the practitioner’s authorized
31 agent; or
32 (2) The patient or research subject at the direction and in the presence of the
33 practitioner.
34 (b) “Agent card” means a medical cannabis establishment agent card.
35 (c) “Attending provider of health care” means a provider of health care who is licensed or
36 certified to practice a profession which authorizes the person to write a prescription for a
37 medication to treat a chronic or debilitating medical condition; and has responsibility for
38 the care and treatment of a person diagnosed with a chronic or debilitating medical
39 condition.
40 (d) “Board” means the EBCI Cannabis Control Board.
41 (e) “Cannabis” means a genus of flowering plants in the family Cannabaceae of which
42 Cannabis sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies
43 thereof. Cannabis also refers to any form of the plant in which the THC concentration on
44 a dry weight basis as not yet been determined.
45 (f) “Chronic or debilitating medical condition” means:
46 (1) Acquired immune deficiency syndrome;
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1 (2) An anxiety disorder;
2 (3) An autism spectrum disorder;
3 (4) An autoimmune disease;
4 (5) Anorexia nervosa;
5 (6) Cancer;
6 (7) Dependence upon or addiction to opioids;
7 (8) Glaucoma;
8 (9) A medical condition or treatment for a medical condition that produces, for a
9 specific patient, one or more of the following:
10 (i) Cachexia;
11 (ii) Muscle spasms, including, without limitation, spasms caused by multiple
12 sclerosis;
13 (iii) Seizures, including, without limitation, seizures caused by epilepsy;
14 (iv) Nausea; or
15 (v) Severe or chronic pain;
16 (10) A medical condition related to the human immunodeficiency virus;
17 (11) A neuropathic condition, whether or not such condition causes seizures; or
18 (12) Any other medical condition or treatment for a medical condition that is:
19 (i) Classified as a chronic or debilitating medical condition by regulation of the
20 Board; or
21 (ii) Approved as a chronic or debilitating medical condition pursuant to a
22 petition submitted in accordance with Sec. 17-99.
23 (13) Post-traumatic stress disorder.
24 (g) “Commission” means the EBCI Cannabis Advisory Commission.
25 (h) “Community facility” means a facility that provides day care to children, a public park, a
26 playground, a public swimming pool, a community club building, or a church or other
27 building or place used for religious worship or a religious purpose.
28 (i) “Concentrated cannabis” means the extracted or separated resin, whether crude or purified,
29 containing THC or CBD from marijuana.
30 (j) “Court” means the Cherokee Court or the Cherokee Supreme Court as the context requires.
31 (k) “Day” means a calendar day not including Tribal government holidays.
32 (l) “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one
33 person to another of a controlled substance, whether or not there is an agency relationship.
34 (m) “Electronic verification system” means an electronic database that:
35 (1) Keeps track of data in real time; and
36 (2) Is accessible by the Board and by the medical cannabis establishment.
37 (n) “Enclosed, locked facility” means a closet, display case, room, greenhouse or other
38 enclosed area that meets the requirements of Sec. 17-74 and is equipped with locks or other
39 security devices which allow access only by a registrant.
40 (o) “Excluded offense” means a conviction of an offense pursuant to Article XIV.A of
41 Cherokee Code Chapter 14 or an offense that would constitute a felony in the state of North
42 Carolina or another jurisdiction. The term does not include a criminal offense for which
43 the sentence, including any term of probation, incarceration, or supervised release, was
44 completed more than 10 years ago or an offense involving conduct that would be immune
45 from arrest, prosecution, or penalty pursuant to this chapter except that the conduct
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1 occurred before the effective date of this chapter or in a jurisdiction other than the Eastern
2 Band of Cherokee Indians.
3 (p) “Executive Director” means the Executive Director of the EBCI Cannabis Control Board
4 appointed pursuant to Sec. 17-27.
5 (q) “Inventory control system” means a process, device, or other contrivance that may be used
6 to monitor the chain of custody of cannabis from the point of cultivation to the end
7 consumer.
8 (r) “Licensee” means the holder of a medical cannabis establishment license.
9 (s) “Medical cannabis cultivation facility” mean a business that:
10 (1) Is licensed by the Board pursuant to Sec. 17-62 and
11 (2) Acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells
12 medical cannabis and related supplies to:
13 (i) Medical cannabis dispensaries;
14 (ii) Medical cannabis production facilities; or
15 (iii) Other medical cannabis cultivation facilities.
16 (t) “Medical cannabis dispensary” means a business that:
17 (1) Is licensed by the Board pursuant to Sec. 17-62 and
18 (2) Acquires, possesses, delivers, transfers, transports, supplies, sells, or dispenses
19 medical cannabis or related supplies and educational materials to the holder of a
20 valid medical cannabis patient card or to another medical cannabis dispensary.
21 (u) “Medical cannabis establishment” means:
22 (1) A medical cannabis independent testing laboratory;
23 (2) A medical cannabis cultivation facility;
24 (3) A medical cannabis production facility; or
25 (4) A medical cannabis dispensary.
26 (v) “Medical cannabis establishment agent” means an owner, officer, board member,
27 employee, or volunteer of a medical cannabis establishment, an independent contractor
28 who provides labor relating to the cultivation or processing of cannabis or the production
29 of usable cannabis or cannabis products for a medical cannabis establishment or an
30 employee of such an independent contractor.
31 (w) “Medical cannabis establishment agent card” means an identification card that is issued by
32 the Board pursuant to Sec. 17-66 to authorize a person:
33 (1) To be an owner, officer, or board member of a medical cannabis establishment; or
34 (2) To volunteer for, work at, or contract to provide labor or services to a medical
35 cannabis establishment.
36 (x) “Medical cannabis establishment license” means a license that is issued by the Board
37 pursuant to Sec. 17-62 to authorize the operation of a medical cannabis establishment.
38 (y) “Medical cannabis independent testing laboratory” means a facility described in Sec. 17-
39 64 that:
40 (1) Is licensed by the Board pursuant to Sec. 17-62; and
41 (2) Tests:
42 (i) Cannabis intended for the medical use of cannabis.
43 (ii) Medical cannabis products.
44 (z) “Medical cannabis-infused product” means a product intended for the medical use of
45 cannabis that:
46 (1) Is infused with cannabis or an extract thereof; and
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1 (2) Is intended for use or consumption by humans through means other than inhalation
2 or oral ingestion.
3 (3) The term includes, without limitation, topical products, ointments, oils, and
4 tinctures.
5 (aa) “Medical cannabis product” means:
6 (1) A medical edible-cannabis product; or
7 (2) A medical cannabis-infused product.
8 (bb) “Medical cannabis production facility” means a business that:
9 (1) Is licensed by the Board pursuant to Sec. 17-62; and
10 (2) Acquires, possesses, manufactures, delivers, transfers, transports, supplies or sells
11 medical cannabis products to medical cannabis dispensaries.
12 (cc) “Medical cannabis patient card” means a document issued by the Board that
13 identifies a person who is exempt from Tribal prosecution for engaging in medical use of
14 cannabis or the designated primary caregiver, if any, of such a person exempt from tribal
15 prosecution for engaging in medical use of cannabis.
16 (dd) “Medical edible cannabis product” means a product intended for the medical use of
17 cannabis that:
18 (1) Contains cannabis or an extract thereof;
19 (2) Is intended for human consumption by oral ingestion; and
20 (3) Is presented in the form of a foodstuff, extract, oil, tincture, or other similar product.
21 (ee) “Medical use of cannabis” means:
22 (1) The possession, delivery, production, or use of cannabis;
23 (2) The possession, delivery or use of paraphernalia used to administer cannabis; or
24 (3) Any combination of the acts described in subsections (1) and (2) above, as
25 necessary for the exclusive benefit of a person to mitigate the symptoms or effects
26 of his or her chronic or debilitating medical condition.
27 (ff) “Paraphernalia” means accessories, devices and other equipment that is necessary or useful
28 for a person to engage in the medical use of cannabis or the adult use of cannabis.
29 (gg) “Person” means a natural person, corporation, limited liability company, or other
30 such or similar entity.
31 (hh) “Production” includes the manufacturing of a controlled substance and the planting,
32 cultivation, growing, or harvesting of a plant from which a controlled substance is derived.
33 (ii) “Registrant” means the holder of a medical cannabis establishment agent card.
34 (jj) “Registration card” means:
35 (1) A medical cannabis establishment agent card.
36 (kk) “THC” means:
37 (1) Delta-9-tetrahydrocannabinol;
38 (2) Delta-8-tetrahydrocannabinol; and
39 (3) The optical isomers of such substances.
40 (ll) “Tribe” or “Tribal” means the Eastern Band of Cherokee Indians.
41 (mm) “Unreasonably impracticable” means the measures necessary to comply with the
42 law or regulation require such a high investment of risk, money, time or any other resource
43 or asset that the operation of a medical cannabis establishment is not worthy of being
44 carried out in practice by a reasonably prudent businessperson.
45 (nn) “Written documentation” means a statement signed by the attending provider of
46 health care of a person diagnosed with a chronic or debilitating medical condition; copies
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1 of the relevant medical records of a person diagnosed with a chronic or debilitating medical
2 condition; proof of current prescription of opioid, opiate, or other pain medications; or a
3 valid proof of authorization to use medical cannabis issued by another jurisdiction.
4
5 Secs. 17-3 to 17-9 – Reserved.
6
7
8 Article II: EBCI Cannabis Advisory Commission
9
10 Sec. 17-10. – Commission established.
11 (a) The EBCI Cannabis Advisory Commission is hereby created for the purposes of studying
12 issues related to cannabis and making recommendations to the EBCI Cannabis Control
13 Board, Tribal Council, and Principal Chief regarding the regulation of medical cannabis
14 and any activity related to cannabis. The Commission consists of:
15 (1) The Principal Chief, or his or her designee;
16 (2) The Chair of Tribal Council, or his or her designee;
17 (3) The Community Club Chair, or his or her designee;
18 (4) The Secretary of Agriculture and Natural Resources, or his or her designee;
19 (5) The Secretary of Public Health and Human Services, or his or her designee;
20 (6) The Chief of Police, or his or her designee; and
21 (7) The Chief Executive Officer of the Cherokee Indian Hospital Authority, or his or
22 her designee.
23 (b) A designee on the Commission serves a term of two years. Designees may be reappointed.
24 Designees shall not serve more than three consecutive terms.
25 (c) Members of the Commission shall not be compensated for their service on the
26 Commission.
27 (d) The members of the Commission may meet throughout each year at the times and places
28 specified by a call of the Chair or a majority of its members. A majority of the members of
29 the Commission constitutes a quorum, and a quorum may exercise all the powers conferred
30 on the Commission. The Commission shall designate members as Chair, Vice-Chair, and
31 any other officers deemed necessary or appropriate.
32 (e) The Cannabis Control Board shall provide the Commission with such staff and logistical
33 support as is necessary to carry out the duties of the Commission. The Attorney General,
34 or his or her other designated attorney, shall represent the Commission.
35
36 Sec, 17-11. – Commission duties.
37 (a) The Commission shall:
38 (1) Consider all matters submitted to it by the Board, the Principal Chief, the Vice
39 Chief, or Tribal Council;
40 (2) On its own initiative, recommend to the Board any policies, procedures, guidelines,
41 rules, or regulations or any changes to existing guidelines, rules, or regulations that
42 the Commission considers important or necessary for the review and consideration
43 of the Board;
44 (3) Advise the Board on the preparation and amendment of any regulations adopted
45 pursuant to this chapter;
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1 (4) Study the distribution of licenses, including, without limitation, the number of
2 licenses authorized to be issued to medical cannabis establishments within the
3 jurisdiction of the Tribe, and recommend to the Board any legislative changes that
4 the Commission determines to be appropriate; and
5 (5) Study the feasibility of the use of emerging technologies, including, without
6 limitation, blockchain and systems that use a single source of truth, as a means of
7 collecting data or efficiently and effectively handling transactions electronically to
8 reduce or eliminate the handling of cash.
9 (b) The Commission may establish subcommittees for the purposes of carrying out its duties.
10
11 Secs. 17-12 to 17-19 – Reserved.
12
13
14 Article III: EBCI Cannabis Control Board
15
16 Sec. 17-20. – Board established.
17 The EBCI Cannabis Control Board is hereby established.
18
19 Sec. 17-21. – Members of the Board.
20 (a) There shall be five members of the Board. The members of the Board are appointed by
21 nomination by the Principal Chief and confirmation by Tribal Council.
22 (b) At least three members of the Board shall be enrolled members of the Eastern Band of
23 Cherokee Indians or another federally-recognized tribe.
24 (c) It is the intention of Tribal Council that the Board be made up of the most qualified persons
25 available. At least one member of the Board shall:
26 (1) be selected with special reference to his or her knowledge, skill, and experience
27 in general accounting and have a comprehensive knowledge of the principles and
28 practices of corporate finance and auditing, general finance, or economics.
29 (2) be selected with special reference to his or her training and experience in the fields
30 of investigation, financial auditing, or corporate compliance.
31 (3) be a selected with special reference to his or her knowledge, skill, and experience
32 in law or regulatory compliance.
33 (4) be selected with special reference to his or her knowledge, skill, and experience in
34 the cannabis industry.
35 (5) be a selected with special reference to his or her knowledge, skill, and experience
36 in the area of medicine, public health, mental health, or be a clinical professional
37 counselor, alcohol and drug counselor, or social worker with knowledge, skill, and
38 experience in the area of education and prevention of abuse relating to cannabis.
39 (d) In addition to any other requirements imposed by this section, the member who is
40 designated as Chair of the Board must have at least five years of leadership experience in
41 his or her field.
42
43 Sec. 17-22. – Terms, chair, removal.
44 (a) The term of office of each member of the Board is four years.
45 (b) The Principal Chief shall nominate the members of the Board and designate one member
46 to serve as Chair, who shall preside over all official activities of the Board.
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1 (c) Tribal Council may remove any member for misfeasance, malfeasance or nonfeasance in
2 office. Removal may be made after:
3 (1) The member has been served with a copy of the charges against the member; and
4 (2) A public hearing before Tribal Council is held upon the charges, if requested by the
5 member charged. The request for a public hearing must be made to the Chair of
6 Tribal Council within 10 days after service upon such member of the charges. If a
7 hearing is not requested, a member is removed effective 10 days after service of
8 charges upon the member. A record of the proceedings at the public hearing must
9 be open to public inspection.
10
11 Sec. 17-23. – Certain political activities, financial interests prohibited.
12 (a) Elected Tribal officials, appointed Tribal officials, and Tribal employees are not eligible to
13 serve as Board members.
14 (b) A member may not be an official, employee, or agent in any business or organization
15 holding a license under this chapter.
16 (c) Before entering upon the duties of office, each member shall subscribe to the oath of office
17 and, in addition, swear that the member is not an official, employee, or agent of any person,
18 business, or organization holding a license or registration card under this chapter or doing
19 business with any such person, business, or organization. The oath of office must be filed
20 in the Office of the Attorney General.
21
22 Sec. 17-24. – Reserved.
23
24 Sec. 17-25. – Employment of consultants.
25 (a) The Board may employ the services of such persons or firms as it considers necessary for
26 the purposes of consultation, investigation, or other professional services.
27 (b) The Board may consult with divisions or offices of the Tribal government as it considers
28 necessary.
29
30 Sec. 17-26. – Meetings, quorum.
31 (a) The Board may hold regular and special meetings at such times and places as it may deem
32 convenient, and it shall hold at least one regular meeting each month.
33 (b) A majority of the members constitutes a quorum of the Board, and a majority of members
34 present at any meeting determines the action of the Board.
35 (c) All meetings of the Board are open to the public, except that the Board may hold executive
36 sessions closed to the public for the purposes listed in Sec. 117-13.
37
38 Sec. 17-27. – Executive Director.
39 (a) The position of Executive Director of the Cannabis Control Board is hereby created.
40 (b) The Executive Director:
41 (1) Is appointed by the Board and may be removed by the Board;
42 (2) Is responsible for the conduct of the administrative matters of the Board; and
43 (3) Shall devote his or her entire time and attention to the business of the office of
44 Executive Director and shall not pursue any other business or occupation or hold
45 any other office for profit if it conflicts with his or her Board-related duties.
46 (c) Reserved.
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1
2 Sec. 17-28. – Organization, expenses, employees.
3 (a) The Executive Director may, subject to the approval of the Board
4 (1) Establish, and from time to time alter, such a plan of organization as he or she may
5 deem expedient.
6 (2) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles
7 and other things as he or she may deem necessary or desirable in carrying out his
8 or her functions and the functions of the Board.
9 (3) Incur such other expenses, within the limit of money available to the Board, as he
10 or she may deem necessary.
11 (b) Except as otherwise provided in this chapter, all costs of administration incurred by the
12 Board must be paid out of the Tribe’s operating budget in the same manner as other
13 governmental expenses are paid.
14 (c) The Executive Director shall organize the work of the Board in such a way as to secure
15 maximum efficiency in the conduct of the Board and make possible a definite placing of
16 responsibility. To this end, the Executive Director may establish such organizational units
17 within the Board as he or she deems necessary.
18 (d) The Executive Director may employ such clerical or expert assistance as may be required.
19 (e) Persons employed by the Board may be assigned to stations, offices, or locations selected
20 by the Executive Director both within and outside the jurisdiction of the Tribe where, in
21 the judgment of the Executive Director, it is necessary to maintain personnel to protect,
22 investigate, and ensure the safe and lawful conduct of the cannabis industry on Tribal lands.
23 (f) Any person assigned to a station, office or location as provided in subsection (e) shall be
24 entitled to receive a per diem allowance only when the business of the Board takes the
25 person away from the particular station, office, or location to which he or she is assigned.
26
27 Sec. 17-29. – General Board powers.
28 In addition to any other powers granted by this chapter, the Board has the power to:
29 (a) Establish and amend a plan of organization for the Board, including, without limitation,
30 various divisions or sections with leaders for such divisions or sections
31 (b) Apply for and accept any gift, donation, bequest, grant or other source of money to carry
32 out the provisions of this chapter.
33 (c) Prepare, publish, and distribute such studies, reports, bulletins, and other materials as the
34 Board deems appropriate.
35 (d) Refer cases to the Office of the Attorney General for criminal prosecution.
36 (e) Maintain an official Internet website for the Board.
37 (f) Monitor federal activity regarding cannabis and report its findings to the Commission.
38
39 Sec. 17-30. – Board regulations.
40 (a) The Board may issue regulations pursuant to Cherokee Code Chapter 150 when necessary
41 or convenient to carry out the provisions of this chapter. Such regulations may include,
42 without limitation:
43 (1) Financial requirements for licensees.
44 (2) Establishing such investigative and enforcement mechanisms as the Board deems
45 necessary to ensure the compliance of a licensee or registrant with the provisions
46 of this chapter.
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1 (3) Requirements for licensees or registrants relating to the cultivation, processing,
2 manufacture, transport, distribution, testing, study, advertising, and sale of cannabis
3 and cannabis products.
4 (4) Reasonable restrictions on the signage, marketing, display, and advertising of
5 medical cannabis establishments. Such a restriction must not require a medical
6 cannabis establishment to obtain the approval of the Board before using a logo,
7 sign, or advertisement.
8 (5) Prescribe the form and any additional required content of applications for licenses
9 or registration cards issued pursuant to this chapter;
10 (6) Establish procedures for the suspension or revocation of a license or registration
11 card or other disciplinary action to be taken against a licensee or registrant;
12 (7) Set forth rules pertaining to the safe and healthful operation of medical cannabis
13 establishments, including, without limitation:
14 (i) The manner of protecting against diversion and theft without imposing an
15 undue burden on medical cannabis establishments or compromising the
16 confidentiality of consumers and holders of patient identification cards and
17 letters of approval;
18 (ii) Minimum requirements for the oversight of medical cannabis
19 establishments;
20 (iii) Minimum requirements for the keeping of records by medical cannabis
21 establishments;
22 (iv) Minimum requirements for the conduct of medical cannabis establishment
23 agents;
24 (v) Provisions for the security of medical cannabis establishments, including
25 without limitation, requirements for the protection by a fully operational
26 security alarm system of each medical cannabis establishment; and
27 (vi) Procedures pursuant to which medical cannabis establishments must use the
28 services of medical cannabis independent testing laboratories to ensure that
29 any cannabis or cannabis product or commodity or product made from hemp
30 sold by a medical cannabis dispensary to an end user is tested for content,
31 quality, and potency in accordance with standards established by the Board;
32 (vii) Establish circumstances and procedures pursuant to which the maximum
33 fees set forth in Sec. 17-69 may be reduced over time to ensure that the
34 fees are, insofar as may be practicable, revenue neutral;
35 (viii) As far as possible while maintaining accountability, protect the identity, and
36 personal identifying information of each person who receives, facilitates, or
37 delivers services in accordance with this chapter;
38 (ix) Address such other matters as the Board deems necessary to carry out the
39 provisions of this chapter.
40
41 Sec. 17-31. – Board records.
42 (a) The Board shall cause to be made and kept minutes of all proceedings at regular and special
43 meetings of the Board. These minutes are open to public inspection.
44 (b) Any and all information and data prepared or obtained by the Board or by an agent or
45 employee of the Board relating to a holder of or an applicant for a medical cannabis
46 establishment license, other than the name of a licensee and each owner, officer, and board
Page 10 of 42
1 member of the licensee and information relating to the scoring and ranking of applications
2 and the imposition of disciplinary action, are confidential and may be revealed in whole or
3 in part only in the course of the necessary administration of this chapter or upon the lawful
4 order of a court of competent jurisdiction. The Board may reveal such information and data
5 to an authorized agent of any agency of the United States Government. Notwithstanding
6 any other provision of Cherokee law, such information and data may not be otherwise
7 revealed without specific authorization by the Board pursuant to the regulations of the
8 Board.
9 (c) Any and all information and data prepared or obtained by the Board or by an agent or
10 employee of the Board relating to a holder of or an applicant for a medical cannabis patient
11 card or a medical cannabis agent card are confidential and may be revealed in whole or in
12 part only in the course of the necessary administration of this chapter or upon the lawful
13 order of a court of competent jurisdiction. The Board may reveal such information and data
14 to an authorized agent of any agency of the United States Government. Notwithstanding
15 any other provision of Cherokee law, such information and data may not be otherwise
16 revealed without specific authorization by the Board pursuant to the regulations of the
17 Board.
18 (d) As used in this section, “information and data” means all information and data in any form,
19 including, without limitation, any oral, written, audio, visual, digital, or electronic form,
20 and the term includes, without limitation, any account, book, correspondence, file,
21 message, paper, record, report, or other type of document, including, without limitation,
22 any document containing self-evaluative assessments, self-critical analysis, or self-
23 appraisals of an applicant’s or licensee’s compliance with regulatory requirements.
24
25 Sec. 17-32. – Audits of licenses, standards, annual report.
26 (a) As often as the Board deems necessary, the Board shall conduct a financial or operational
27 audit of the accounts, funds, programs, activities, and functions of all licensees.
28 (b) A licensee shall make available to the Board all books, accounts, claims, reports, vouchers,
29 and other records requested by the Board in connection with an audit conducted pursuant
30 to subsection (a).
31 (c) If a licensee refuses to produce any of the records described in subsection (b), the Board or
32 Department may petition the Cherokee Court to order the licensee to produce the requested
33 records. The Court shall order the production of all such records upon a finding that the
34 requested records are within the scope of the audit.
35 (d) If any audit report of the accounts, funds, programs, activities, and functions of a licensee
36 contains adverse or critical audit results, the Board may require the licensee subject to the
37 audit to respond, in writing, to the results of the audit. A licensee shall provide such
38 response to the Board not more than 15 days after receiving a request from the Board.
39 (e) On or before April 1 of each year, the Board shall submit to the Chair of Tribal Council a
40 report concerning the audits conducted pursuant to this section for the preceding year. The
41 report must include, without limitation:
42 (1) The number of audits performed pursuant to this section in the preceding year;
43 (2) A summary of the findings of the audits; and
44 (3) The cost of each audit.
45
46 Secs. 17-33 – 17-39. – Reserved.
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1
2
3 Article IV: Disciplinary Actions
4
5 Sec. 17-40. – Complaints.
6 (a) If the Executive Director becomes aware that a licensee or registrant has violated, is
7 violating or is about to violate any provision of this chapter or any regulation adopted
8 pursuant thereto, the Executive Director may transmit the details of the suspected violation,
9 along with any further facts or information related to the violation which are known to the
10 Executive Director, to the Attorney General or the Cherokee Indian Police Department.
11 (b) If any person other than the Executive Director becomes aware that a licensee or registrant
12 has violated, is violating or is about to violate any provision of this chapter or any
13 regulation adopted pursuant thereto, the person may file a written complaint with the
14 Executive Director specifying the relevant facts. The Executive Director shall review each
15 such complaint and, if the Executive Director finds the complaint not to be frivolous, may
16 transmit the details of the suspected violation, along with any further facts or information
17 derived from the review of the complaint to the Attorney General or the Cherokee Indian
18 Police Department.
19 (c) Employees of the Board shall cooperate with the Attorney General and Cherokee Indian
20 Police Department in the performance of any investigation.
21
22 Sec. 17-41. – Investigations, recommendations to Board.
23 (a) If the Executive Director transmits the details of a suspected violation to the Cherokee
24 Indian Police Department pursuant to Sec. 17-40, the Cherokee Indian Police Department
25 shall investigate the matter in accordance with its policies and procedures.
26 (b) If the Executive Director transmits the details of a suspected violation to the Attorney
27 General pursuant to Sec. 17-40, the Attorney General shall conduct an investigation of the
28 suspected violation to determine whether it warrants proceedings for disciplinary action of
29 the licensee or registrant. If the Attorney General determines that further proceedings are
30 warranted, he or she shall report the results of the investigation together with a
31 recommendation to the Executive Director in a manner which does not violate the right of
32 the person charged in the complaint to due process in any later hearing on the complaint.
33 The Executive Director shall transmit the recommendation and other information received
34 from the Attorney General to the Board.
35 (c) The Board shall promptly make a determination with respect to each complaint resulting
36 in an investigation by the Attorney General. The Board shall:
37 (1) Dismiss the complaint; or
38 (2) Proceed with appropriate disciplinary action in accordance with this chapter and
39 regulations adopted by the Board.
40
41 Sec. 17-42. – Complaint, answer, notice of hearing.
42 (a) If the Board proceeds with disciplinary action pursuant to Sec. 17-41, the Board shall serve
43 a complaint upon the respondent either personally, or by registered or certified mail at the
44 address of the respondent that is on file with the Board. Such complaint must be a written
45 statement of charges and must set forth in ordinary and concise language the acts or
46 omissions with which the respondent is charged. The complaint must specify the sections
Page 12 of 42
1 and regulations which the respondent is alleged to have violated, but must not consist
2 merely of charges raised in the language of the sections or regulations. The complaint must
3 provide notice of the right of the respondent to request a hearing. The Chair of the Board
4 may grant an extension to respond to the complaint for good cause.
5 (b) Unless granted an extension, the respondent must answer within 20 days after the service
6 of the complaint. In the answer the respondent:
7 (1) Must state in short and plain terms the defenses to each claim asserted.
8 (2) Must admit or deny the facts alleged in the complaint.
9 (3) Must state which allegations the respondent is without knowledge or information
10 to form a belief as to their truth. Such allegations shall be deemed denied.
11 (4) Must affirmatively set forth any matter which constitutes an avoidance or
12 affirmative defense.
13 (5) May demand a hearing. Failure to demand a hearing constitutes a waiver of the
14 right to a hearing and to judicial review of any decision or order of the Board, but
15 the Board may order a hearing even if the respondent so waives his or her right.
16 (c) Failure to answer or to appear at the hearing constitutes an admission by the respondent of
17 all facts alleged in the complaint. The Board may take action based on such an admission
18 and on other evidence without further notice to the respondent. If the Board takes action
19 based on such an admission, the Board shall include in the record which evidence was the
20 basis for the action.
21 (d) The Board shall determine the time and place of the hearing as soon as is reasonably
22 practical after receiving the respondent’s answer. The Board shall deliver or send by
23 registered or certified mail a notice of hearing to all parties at least 10 days before the
24 hearing. The hearing must be held within 45 days after receiving the respondent’s answer
25 unless an expedited hearing is determined to be appropriate by the Board, in which event
26 the hearing must be held as soon as practicable.
27
28 Sec. 17-43. – Subpoenas, depositions.
29 (a) Before a hearing before the Board, and during a hearing upon reasonable cause shown, the
30 Board shall issue subpoenas and subpoenas duces tecum at the request of a party.
31 (b) The testimony of any material witness residing within or without the jurisdiction of the
32 Tribe may be taken by deposition in the manner provided by the Rules of Civil Procedure
33 of the Cherokee Courts.
34
35 Sec. 17-44. – Hearing procedure.
36 (a) At all hearings before the Board:
37 (1) Oral evidence may be taken only upon oath or affirmation administered by the
38 Board.
39 (2) Every party has the right to:
40 (i) Call and examine witnesses;
41 (ii) Introduce exhibits relevant to the issues of the case;
42 (iii) Cross-examine opposing witnesses on any matters relevant to the issues of
43 the case, even though the matter was not covered in a direct examination;
44 (iv) Impeach any witness regardless of which party first called the witness to
45 testify; and;
46 (v) Offer rebuttal evidence.
Page 13 of 42
1 (3) If the respondent does not testify in his or her own behalf, the respondent may be
2 called and examined as if under cross-examination.
3 (4) The hearing need not be conducted according to technical rules relating to evidence
4 and witnesses. Any relevant evidence may be admitted and is sufficient in itself to
5 support a finding if it is the sort of evidence on which responsible persons are
6 accustomed to rely in the conduct of serious affairs, regardless of the existence of
7 any common law or statutory rule which might make improper the admission of
8 such evidence over objection in a civil action in the Cherokee Courts.
9 (5) The parties or their counsel may by written stipulation agree that certain specified
10 evidence may be admitted even though such evidence might otherwise be subject
11 to objection.
12 (b) The Board may take official notice of any generally accepted information or technical or
13 scientific matter within the field of cannabis, and of any other fact which may be judicially
14 noticed by the Cherokee Courts. The parties must be informed of any information, matters,
15 or facts so noticed, and must be given a reasonable opportunity, on request, to refute such
16 information, matters, or facts by evidence or by written or oral presentation of authorities,
17 the manner of such refutation to be determined by the Board.
18 (c) Affidavits may be received in evidence at any hearing of the Board in accordance with the
19 following:
20 (1) The party wishing to use an affidavit must, not less than 10 days before the day set
21 for hearing, serve upon the opposing party or counsel, either personally or by
22 registered or certified mail, a copy of the affidavit which the party proposes to
23 introduce in evidence together with a notice as provided in paragraph (3) below.
24 (2) Unless the opposing party, within 7 days after such service, mails or delivers to the
25 proponent a request to cross-examine the affiant, the opposing party’s right to cross-
26 examine the affiant is waived and the affidavit, if introduced in evidence, must be
27 given the same effect as if the affiant had testified orally. If an opportunity to cross-
28 examine an affiant is not afforded after request therefor is made in accordance with
29 this paragraph, the affidavit may be introduced in evidence, but must be given only
30 the same effect as other hearsay evidence.
31 (3) The notice referred to in paragraph (1) above must be substantially in the following
32 form:
33
34 The accompanying affidavit of (here insert name of affiant) will be introduced as evidence
35 at the hearing set for the ........ day of the month of ………. of the year …… (Here insert
36 name of affiant) will not be called to testify orally and you will not be entitled to question
37 (here insert name of affiant) unless you notify the undersigned that you wish to cross-
38 examine (here insert name of affiant). To be effective your request must be mailed or
39 delivered to the undersigned on or before 7 days from the date this notice and the enclosed
40 affidavit are served upon you.
41
42 .......................................................................
43 (Party or Counsel)
44 .......................................................................
45 (Address)
46
Page 14 of 42
1
2 Sec. 17-45. – Members present, reporting.
3 (a) At least three members of the Board shall be present at every hearing, and they shall
4 exercise all powers relating to the conduct of the hearing and shall enforce all decisions
5 with respect thereto.
6 (b) The proceedings at the hearing must be reported either stenographically or by a
7 phonographic reporter.
8
9 Sec. 17-46. – Limitations on communication.
10 After the Board has initiated a hearing, the members of the Board shall not communicate, directly
11 or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with
12 any issue of law, with any party or the party’s representative, except upon notice and opportunity
13 to all parties to participate.
14
15 Sec. 17-47. – Amended or supplemental pleadings.
16 The Board may, before submission of the case for decision, permit the filing of amended or
17 supplemental pleadings and shall notify all parties thereof, and provide a reasonable opportunity
18 for objections thereto.
19
20 Sec. 17-48. – Contempt.
21 If any person in proceedings before the Board disobeys or resists any lawful order or refuses to
22 respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses
23 to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to
24 obstruct the proceeding, the Board may certify the facts to the Cherokee Court. The Court shall
25 thereupon issue an order directing the person to appear before the Court and show cause why the
26 person should not be punished as for contempt. The Court order and a copy of the statement of the
27 Board must be served on the person cited to appear. Thereafter the Court has jurisdiction of the
28 matter, and the same proceedings must be had, the same penalties may be imposed and the person
29 charged may purge himself or herself of the contempt in the same way as in the case of a person
30 who has committed a contempt in the trial of a civil action before the Cherokee Court.
31
32 Sec. 17-49. – Written decision.
33 (a) Within 60 days after the hearing or service of the complaint, whichever is later, the Board
34 shall render a written decision on the merits which must contain findings of fact, a
35 determination of the issues presented, and the penalty to be imposed, if any. The Board
36 shall thereafter make and enter its written order in conformity to its decision. No member
37 of the Board who did not hear the evidence may vote on the decision. The affirmative votes
38 of a majority of the whole Board are required to impose any penalty. Copies of the decision
39 and order must be served on the parties personally or sent to them by registered or certified
40 mail. The decision is effective upon such service, unless the Board orders otherwise.
41 (b) The Board may, upon motion made within 10 days after service of a decision and order,
42 order a rehearing before the Board upon such terms and conditions as it may deem just and
43 proper if a petition for judicial review of the decision and order has not been filed. The
44 motion must not be granted except upon a showing that there is additional evidence which
45 is material and necessary and reasonably calculated to change the decision of the Board,
46 and that sufficient reason existed for failure to present the evidence at the hearing of the
Page 15 of 42
1 Board. The motion must be supported by an affidavit of the moving party or his or her
2 counsel showing with particularity the materiality and necessity of the additional evidence
3 and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence
4 to the additional evidence must be permitted. After rehearing, the Board may modify its
5 decision and order as the additional evidence may warrant.
6
7 Sec. 17-50. – Penalties.
8 If the Board finds that a licensee or registrant has violated a provision of this chapter or any
9 regulation adopted pursuant thereto, the Board may take any or all of the following actions:
10 (a) Limit, condition, suspend or revoke the license or registration card of the licensee or
11 registrant.
12 (b) Impose a civil penalty in an amount established by regulation for each violation.
13
14 Sec. 17-51. – Judicial review.
15 (a) Any person aggrieved by a final decision or order of the Board made after hearing or
16 rehearing by the Board and whether or not a motion for rehearing was filed, may obtain a
17 judicial review thereof in the Cherokee Supreme Court.
18 (b) The judicial review must be instituted by filing a petition within 20 days after the effective
19 date of the final decision or order. A petition may not be filed while a motion for rehearing
20 or a rehearing is pending before the Board. The petition must set forth the order or decision
21 appealed from and the grounds or reasons why petitioner contends a reversal or
22 modification should be ordered.
23 (c) Copies of the petition must be served upon the Board and all other parties of record, or
24 their counsel of record, either personally or by certified mail.
25 (d) The Court, upon a proper showing, may permit other interested persons to intervene as
26 parties to the appeal or as friends of the court.
27 (e) The filing of the petition does not stay enforcement of the decision or order of the Board,
28 but the Board itself may grant a stay upon such terms and conditions as it deems proper.
29
30 Sec. 17-52. – Record on review.
31 (a) Upon written request of the petitioner, the complete record on review, or such parts thereof
32 as are designated by the petitioner, must be prepared by the Board.
33 (b) The complete record on review must include copies of:
34 (1) All pleadings in the case;
35 (2) All notices and interim orders issued by the Board in connection with the case;
36 (3) All stipulations;
37 (4) The decision and order appealed from;
38 (5) A transcript of all testimony, evidence and proceedings at the hearing;
39 (6) The exhibits admitted or rejected; and
40 (7) Any other papers in the case.
41 (c) The original of any document may be used in lieu of a copy thereof. The record on review
42 may be shortened by stipulation of all parties to the review proceedings. The record on
43 review must be filed with the Court within 30 days after service of the petition for review,
44 but the Court may allow the Board additional time to prepare and transmit the record on
45 review.
46
Page 16 of 42
1 Sec. 17-53. – Additional evidence, review, court decisions.
2 (a) The Court may, upon motion therefor, order that additional evidence in the case be taken
3 by the Board upon such terms and conditions as the Court deems just and proper. The
4 motion must not be granted except upon a showing that the additional evidence is material
5 and necessary and that sufficient reason existed for failure to present the evidence at the
6 hearing of the Board. The motion must be supported by an affidavit of the moving party or
7 his or her counsel showing with particularity the materiality and necessity of the additional
8 evidence and the reason why it was not introduced in the Board hearing. Rebuttal evidence
9 to the additional evidence must be permitted. In cases in which additional evidence is
10 presented to the Board, the Board may modify its decisions and orders as the additional
11 evidence may warrant and shall file with the Court a transcript of the additional evidence
12 together with any modifications of the decision and order, all of which become a part of
13 the record on review.
14 (b) The review must be not be a trial de novo but is confined to the record on review. The filing
15 of briefs and oral argument must be made in accordance with the Court’s rules.
16 (c) The Court may affirm the decision and order of the Board, or it may remand the case for
17 further proceedings or reverse the decision if the substantial rights of the petitioner have
18 been prejudiced because the decision is:
19 (1) In violation of the Charter and Governing Document;
20 (2) In excess of the authority or jurisdiction of the Board;
21 (3) Made upon unlawful procedure;
22 (4) Unsupported by any evidence; or
23 (5) Arbitrary or capricious or otherwise not in accordance with law.
24 (d) The judicial review afforded in this chapter is the exclusive method of review of the
25 Board’s actions, decisions, and orders in disciplinary hearings against a licensee. Review
26 of actions, decisions, and orders of the Board relating to the denial of a license or
27 registration card is pursuant to Cherokee Code Chapter 150. Decisions of the Cherokee
28 Supreme Court are final.
29
30 Secs. 17-54 – 17-59. – Reserved.
31
32
33 Article V: Licensing of Medical Cannabis Establishments and Medical Cannabis Establishment
34 Agents
35
36 Sec. 17-60. – License and purpose.
37 (a) The purpose for licensing medical cannabis establishments and registering medical
38 cannabis establishment agents is to protect the public health and safety and the general
39 welfare of the Tribe.
40 (b) Any medical cannabis establishment license, medical cannabis establishment agent card,
41 is a revocable privilege and the holder of such a license or card, as applicable, does not
42 acquire thereby any vested right.
43 (c) A medical cannabis establishment is prohibited from acquiring, possessing, cultivating,
44 manufacturing, delivering, transferring, transporting, supplying, or dispensing cannabis for
45 any purpose except to
46 (1) Directly or indirectly assist patients who possess valid patient cards;
Page 17 of 42
1 (2) Assist patients who possess valid patient cards by way of those patients’ designated
2 primary caregivers; and
3 (3) Return for a refund cannabis, medical edible cannabis products or medical
4 cannabis-infused products to the medical cannabis establishment from which the
5 cannabis, medical edible cannabis products or medical cannabis-infused products
6 were acquired.
7
8 Sec. 17-61. – General qualifications for licensure or registration.
9 (a) Any person who the Board determines is qualified to receive a license or registration card
10 under the provisions of this chapter, having due consideration for the proper protection of
11 the health, safety, morals, good order, and general welfare of the Tribe and its enrolled
12 members and the declared policy of the Tribe, may be issued a license or registration card.
13 The burden of proving an applicant’s qualification to receive any license or registration
14 card under this chapter is on the applicant.
15 (b) When determining whether to approve an application to receive a license or registration
16 card, the Board may consider whether the applicant is:
17 (1) A person of good character, honesty and integrity;
18 (2) A person whose prior activities, criminal record, if any, reputation, habits, and
19 associations do not pose a threat to the public interest of the Tribe or to the effective
20 regulation and control of cannabis, or create or enhance the dangers of unsuitable,
21 unfair, or illegal practices, methods and activities in the conduct of cannabis-related
22 activities, or in the carrying on of the business and financial arrangements incidental
23 thereto; and
24 (3) In all other respects qualified to be issued a license or registration card consistently
25 with the declared policy of the Tribe.
26 (c) An application to receive a license or registration card constitutes a request for a
27 determination of the applicant’s general character, integrity, and ability to participate or
28 engage in, or be associated with a medical cannabis establishment. Any written or oral
29 statement made in the course of an official proceeding of the Board by any member thereof
30 or any witness testifying under oath which is relevant to the purpose of the proceeding is
31 absolutely privileged and does not impose liability for defamation or constitute a ground
32 for recovery in any civil action.
33 (d) The Board may by regulation establish such other qualifications for a license or registration
34 card as it may, in its discretion, deem to be in the public interest and consistent with the
35 declared policy of the Tribe.
36 (e) Any person granted a license or registration card by the Board must continue to meet the
37 applicable standards and qualifications set forth in this chapter and any other qualifications
38 established by the Board by regulation. The failure to continue to meet such standards and
39 qualifications constitutes grounds for disciplinary action.
40 (f) The Board shall, to the greatest extent practicable, ensure that persons who have been
41 adversely affected by cannabis prohibition have equal opportunity to obtain licenses and
42 registration cards and to participate in the cannabis industry of the Tribe.
43
44 Sec. 17-62. – Licensing medical cannabis establishments.
Page 18 of 42
1 (a) A person shall not engage in the business of a medical cannabis establishment unless the
2 person holds a medical cannabis establishment license issued by the Board pursuant to this
3 section. The Board is the sole issuer of medical cannabis establishment licenses.
4 (b) A person who wishes to engage in the business of a medical cannabis establishment must
5 submit to the Board an application on a form prescribed by the Board.
6 (c) After receiving a complete application to engage in the business of a medical cannabis
7 establishment, the Board may deny or approve the application and register the medical
8 cannabis establishment and issue a medical cannabis establishment license and a random
9 20-digit alphanumeric identification number if:
10 (1) The person who wishes to operate the proposed medical cannabis establishment has
11 submitted to the Board all of the following:
12 (i) The application fee, as set forth in Sec. 17-69;
13 (ii) And application, which must include:
14 (A) The legal name of the proposed medical cannabis establishment;
15 (B) The physical address where the proposed medical cannabis
16 establishment will be located and the physical address of any co-
17 owned additional or otherwise associated medical cannabis
18 establishments, the locations of which may not be within 1,000 feet
19 of a school that provides formal education traditionally associated
20 with preschool or kindergarten through grade 12 and that existed on
21 the date on which the application for the proposed medical cannabis
22 establishment was submitted to the Board, or within 1,000 feet of a
23 community facility or gaming facility that existed on the date on
24 which the application for the proposed medical cannabis
25 establishment was submitted to the Board.
26 (C) Evidence that the applicant controls not less than $250,000 in liquid
27 assets to cover the initial expenses of opening the proposed medical
28 cannabis establishment and complying with the provisions of this
29 chapter.
30 (D) Evidence that the applicant owns or has lawful possession of the
31 property on which the proposed medical cannabis establishment will
32 be located or has the written permission of the property owner to
33 operate the proposed medical cannabis establishment on that
34 property;
35 (E) For the applicant and each person who is proposed to be an owner,
36 officer, or board member of the proposed medical cannabis
37 establishment, a complete set of the person’s fingerprints and
38 written permission of the person authorizing the Board to use the
39 fingerprints for criminal background check purposes, including
40 submission to the Federal Bureau of Investigation for its report; and
41 (F) The full legal name, address, and date of birth of each person who
42 is proposed to be an owner, officer, or board member of the
43 proposed medical cannabis establishment;
44 (iii) Operating procedures consistent with rules of the Board for oversight of the
45 proposed medical cannabis establishment, including, without limitation:
46 (A) Procedures to ensure the use of adequate security measures; and
Page 19 of 42
1 (B) The use of an electronic verification system and an inventory control
2 system pursuant to Sec. 17-72 and Sec. 17-73;
3 (iv) If the proposed medical cannabis establishment will sell or deliver medical
4 cannabis products, proposed operating procedures for handling such
5 products which must be preapproved by the Board;
6 (v) Proof that the proposed location is in compliance with all applicable
7 building requirements; and
8 (vi) Such other information as the Board may require by regulation.
9 (2) None of the persons who are proposed to be owners, officers, or board members of
10 the proposed medical cannabis establishment have been convicted of an excluded
11 offense;
13 the proposed medical cannabis establishment have:
14 (i) Served as an owner, officer, or board member for a cannabis establishment
15 that has had its medical cannabis establishment license or adult-use
16 cannabis establishment license, or equivalent, revoked in any jurisdiction;
17 (ii) Previously had a cannabis establishment agent registration card revoked, or
18 equivalent, in any jurisdiction; and
20 the proposed medical cannabis establishment are under 21 years of age.
21 (d) For each person who submits an application pursuant to this section, and each person who
22 is proposed to be an owner, officer, or board member of a proposed medical cannabis
23 establishment, the Board shall submit the fingerprints of the person to the Federal Bureau
24 of Investigation to determine the criminal history of that person.
25 (e) Except as otherwise provided in subsection (f), if an application for registration as a
26 medical cannabis establishment satisfies the requirements of this section, is qualified in the
27 determination of the Board pursuant to Sec. 17-61 and the establishment is not disqualified
28 from being registered as a medical cannabis establishment pursuant to this section or other
29 applicable law, the Board shall issue to the establishment a medical cannabis establishment
30 license. A medical cannabis establishment license expires one year after the date of
31 issuance and may be renewed upon:
32 (1) Submission of the information required by the Board by regulation; and
33 (2) Payment of the renewal fee set forth in Sec. 17-69.
34 (f) In determining whether to issue a medical cannabis establishment license pursuant to this
35 section, the Board shall consider the criteria of merit set forth in Sec. 17-63.
36 (g) For the purposes of sub-subparagraph (B) of subparagraph (ii) of paragraph (1) of
37 subsection (c), the distance must be measured from the front door of the proposed medical
38 cannabis establishment to the front door of a school, community facility, or gaming
39 establishment.
40 (h) A medical cannabis establishment license is not a substitute for a Tribal business license.
41 Licensees must abide by all applicable Tribal laws, rules, and regulations at all times.
42 (i) The Board, by regulation, may adopt regulations prescribing requirements for the issuances
43 of licenses to business entities and standards for licensees that are business entities which
44 are more stringent than the requirements and standards otherwise set forth in this chapter.
45
46 Sec. 17-63. – Considerations in issuing licenses.
Page 20 of 42
1 (a) In determining whether to issue a medical cannabis establishment license pursuant to Sec.
2 17-62, the Board shall, in addition to the factors set forth in that section, consider criteria
3 of merit established by regulation of the Board. Such criteria must include, without
4 limitation:
5 (1) Whether the applicant controls liquid assets in an amount determined by the Board
6 to be sufficient to cover the initial expenses of opening the proposed medical
7 cannabis establishment and complying with the provisions of this chapter;
8 (2) The previous experience of the persons who are proposed to be owners, officers, or
9 board members of the proposed medical cannabis establishment at operating other
10 businesses or nonprofit organizations;
11 (3) The educational and life experience of the persons who are proposed to be owners,
12 officers, or board members of the proposed medical cannabis establishment;
13 (4) Any demonstrated knowledge or expertise on the part of the persons who are
14 proposed to be owners, officers, or board members of the proposed medical
15 cannabis establishment with respect to the compassionate use of cannabis to treat
16 medical conditions;
17 (5) Whether the proposed location of the proposed medical cannabis establishment
18 would be convenient to serve the needs of persons who are authorized to engage in
19 the medical use of cannabis;
20 (6) The likely impact of the proposed medical cannabis establishment on the
21 community in which it is proposed to be located;
22 (7) The adequacy of the size of the proposed medical cannabis establishment to serve
23 the needs of persons who are authorized to engage in the medical use of cannabis;
24 (8) Whether the applicant has an integrated plan for the care, quality, and safekeeping
25 of medical cannabis from seed to sale; and
26 (9) Any other criteria of merit that the Board determines to be relevant.
27 (b) The Board shall adopt regulations for determining the relative weight of each criteria of
28 merit established by the Board pursuant to subsection (a).
29
30 Sec. 17-64. – Medical cannabis independent testing laboratories.
31 (a) The Board shall establish standards for and certify one or more cannabis independent
32 testing laboratories to test cannabis for medical use and medical cannabis products that are
33 to be sold in within the Tribe’s jurisdiction.
34 (b) Such a cannabis independent testing laboratory must be able to:
35 (1) Determine accurately, with respect to cannabis or cannabis products that are sold
36 or will be sold at cannabis sales facilities:
37 (i) The concentration therein of THC and cannabidiol.
38 (ii) The presence and identification of microbes, molds, and fungus.
39 (iii) The composition of the tested material.
40 (iv) The presence of chemicals in the tested material, including, without
41 limitation, pesticides, heavy metals, herbicides, or growth regulators.
42 (2) Demonstrate the validity and accuracy of the methods used by the cannabis
43 independent testing laboratory to test cannabis and cannabis products.
44 (c) To obtain a license to operate a cannabis independent testing laboratory, an applicant must:
45 (1) Apply successfully as required pursuant to Sec. 17-62.
46 (2) Pay the fees required pursuant to Sec. 17-69.
Page 21 of 42
1 (3) Agree to become accredited pursuant to standard ISO/IEC 17025 of the
2 International Organization for Standardization within one year after licensure.
3
4 Sec. 17-65. – Information regarding the inspection or review of a medical cannabis
5 establishment by a Tribal division, department, or office.
6 The Board may request information regarding any inspection or review of a medical cannabis
7 establishment by a Tribal division, department, or office. The recipient of a reasonable request
8 from the Board pursuant to this section shall comply with the request as soon as is reasonably
9 practicable after receiving the request.
10
11 Sec. 17-66. – Agents required to register with Board, requirements.
12 (a) Except as otherwise provided in this section, a person shall not hold an ownership interest
13 in a medical cannabis establishment of less than five percent, volunteer or work at, contract
14 to provide labor to, or be employed by an independent contractor to provide labor to a
15 medical cannabis establishment as a medical cannabis establishment agent unless the
16 person is registered with the Board pursuant to this section.
17 (b) A person who wishes to volunteer or work at a medical cannabis establishment shall submit
18 to the Board an application on a form prescribed by the Board. The application must be
19 accompanied by:
20 (1) The full legal name, physical and mailing address, and date of birth of the
21 prospective medical cannabis establishment agent;
22 (2) A statement signed by the prospective medical cannabis establishment agent
23 pledging not to dispense or otherwise divert cannabis to any person who is not
24 authorized to possess cannabis in accordance with the provisions of this chapter;
26 asserting that he or she has not previously had a medical cannabis establishment
27 agent registration card revoked;
28 (4) The application fee, as set forth in Sec. 17-69; and
29 (5) Such other information as the Board may require by regulation.
30 (c) A person who wishes to contract to provide labor to or be employed by an independent
31 contractor to provide labor to a medical cannabis establishment shall submit to the Board
32 an application on a form prescribed by the Board for the registration of the independent
33 contractor and each employee of the independent contractor who will provide labor as a
34 medical cannabis establishment agent. The application must be accompanied by:
35 (1) The full legal name and physical and mailing address of the prospective medical
36 cannabis establishment agent;
37 (2) The name, address and date of birth of each employee of the prospective medical
38 cannabis establishment agent who will provide labor as a medical cannabis
39 establishment agent;
41 pledging not to dispense or otherwise divert cannabis to, or allow any of its
42 employees to dispense or otherwise divert cannabis to, any person who is not
45 asserting that it has not previously had a medical cannabis establishment agent
46 registration card revoked and that none of its employees who will provide labor as
Page 22 of 42
1 a medical cannabis establishment agent have previously had a medical cannabis
2 establishment agent registration card revoked;
5 (d) A person who wishes to hold an ownership interest in a medical cannabis establishment of
6 less than five percent shall submit to the Board an application on a form prescribed by the
7 Board. The application must be accompanied by:
8 (1) The name, physical and mailing address, and date of birth of the prospective
9 medical cannabis establishment agent;
11 pledging not to dispense or otherwise divert cannabis to any person who is not
14 asserting that he or she has not previously had a medical cannabis establishment
15 agent registration card revoked;
16 (4) Any information required by the Board to complete an investigation into the
17 background of the prospective medical cannabis establishment agent, including,
18 without limitation, financial records and other information relating to the business
19 affairs of the prospective medical cannabis establishment agent;
22 (e) The Board may conduct any investigation of a prospective medical cannabis establishment
23 agent and, for an independent contractor, each employee of the prospective medical
24 cannabis establishment agent who will provide labor as a medical cannabis establishment
25 agent, that the Board deems appropriate. In connection with such an investigation, the
26 Board may:
27 (1) Conduct or accept any background check the Board determines to be reliable and
28 expedient to determine the criminal history of the prospective medical cannabis
29 establishment agent or the employee;
30 (2) Require a prospective medical cannabis establishment agent, if a natural person,
31 and each employee of a prospective medical cannabis establishment agent who will
32 provide labor as a medical cannabis establishment agent to submit to the Board a
33 complete set of fingerprints and written permission authorizing the Board to submit
34 to the Federal Bureau of Investigation for its report; and
35 (3) If the Board imposes the requirement described in paragraph (2), submit the
36 fingerprints of the prospective medical cannabis establishment agent and each
37 employee of the prospective medical cannabis establishment agent who will
38 provide labor as a medical cannabis establishment agent to the Federal Bureau of
39 Investigation for its report.
40 (f) A medical cannabis establishment shall notify the Board within 10 days after a medical
41 cannabis establishment agent ceases to hold an ownership interest in the medical cannabis
42 establishment of less than five percent, be employed by, volunteer at, or provide labor as a
43 medical cannabis establishment agent to the medical cannabis establishment.
44 (g) A person who has been convicted of an excluded offense, is less than 21 years of age, or is
45 not qualified in the determination of the Board pursuant to Sec. 17-61 shall not serve as a
46 medical cannabis establishment agent.
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1 (h) The provisions of this section do not require a person who is an owner, officer, or board
2 member of a medical cannabis establishment to resubmit information already furnished to
3 the Board at the time the establishment was licensed with the Board.
4 (i) If an applicant for registration as a medical cannabis establishment agent satisfies the
5 requirements of this section, is found to be qualified by the Board pursuant to C.C. 17-
6 61 and is not disqualified from serving as such an agent pursuant to this section or any
7 other applicable law, the Board shall issue to the person and, for an independent contractor,
8 to each person identified in the independent contractor’s application for registration as an
9 employee who will provide labor as a medical cannabis establishment agent, a medical
10 cannabis establishment agent registration card. A medical cannabis establishment agent
11 registration card expires two years after the date of issuance and may be renewed upon:
12 (1) Resubmission of the information set forth in this section; and
13 (2) Payment of the renewal fee set forth in Sec. 17-69.
14 (j) A person to whom a medical cannabis establishment agent registration card is issued or for
15 whom such a registration card is renewed shall submit to the Board on the date of the first
16 anniversary of the issuance or renewal an affidavit attesting that in the preceding year there
17 has been no change in the information previously provided to the Board which would
18 subject the person to disciplinary action by the Board.
19 (k) A medical cannabis establishment agent registration card issued pursuant to this section to
20 an independent contractor or an employee of an independent contractor authorizes the
21 independent contractor or employee to provide labor to any medical cannabis establishment
22 within the Tribe’s jurisdiction.
23 (l) A medical cannabis establishment agent registration card issued pursuant to this section to
24 a person who wishes to volunteer or work at a medical cannabis establishment authorizes
25 the person to volunteer or work at any medical cannabis establishment within the Tribe’s
26 jurisdiction for which the category of the medical cannabis establishment agent registration
27 card authorizes the person to volunteer or work.
28 (m) Except as otherwise prescribed by regulation of the Board, an applicant for registration or
29 renewal of registration as a medical cannabis establishment agent is deemed temporarily
30 registered as a medical cannabis establishment agent on the date on which a complete
31 application for registration or renewal of registration is submitted to the Board. A
32 temporary registration as a medical cannabis establishment agent expires 45 days after the
33 date upon which the application is received.
34
35 Sec. 17-67. – License and registration card nontransferable.
36 (a) Except as otherwise provided by regulations adopted by the Board pursuant to subsection
37 (b), the following are nontransferable:
38 (1) A medical cannabis establishment license.
39 (2) A cannabis establishment agent registration card.
40 (b) The Board shall adopt regulations which prescribe procedures and requirements by which
41 a holder of a license may transfer the license to another party who is qualified to hold such
42 a license pursuant to the provisions of this chapter.
43
44 Sec. 17-68. – Grounds for immediate revocation of registration card.
45 (a) The following acts constitute grounds for the immediate revocation of a medical cannabis
46 establishment agent registration card of a medical cannabis establishment agent:
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1 (1) Having committed or committing any excluded offense.
2 (2) Dispensing, delivering or otherwise transferring cannabis to a person who is not
3 authorized by law to possess cannabis in accordance with the provisions of this
4 chapter.
5 (3) Having been electronically recorded by a video monitoring system stealing
6 cannabis or cannabis products.
7 (4) Having been convicted of any crime involving the theft of cannabis or cannabis
8 products.
9 (5) Having been electronically recorded by a video monitoring system smoking or
10 otherwise consuming cannabis on the premises of a cannabis establishment.
11 (6) Intentionally submitting to the Board any document required under the provisions
12 of this chapter which is false or contains any material misstatement of fact.
13 (7) Violating a regulation of the Board, the violation of which is stated to be grounds
14 for immediate revocation of a cannabis establishment agent registration card.
15
16 Sec. 17-69. – Fees.
17 (a) Except as otherwise provided in subsection (b), the Board shall collect not more than the
18 following maximum fees:
19 (1) For the initial issuance of a medical cannabis establishment license for a medical
20 cannabis dispensary: $30,000.00.
21 (2) For the renewal of a medical cannabis establishment license for a medical cannabis
22 dispensary: $5,000.00.
24 cannabis cultivation facility: $3,000.00
26 cultivation facility: $1,000.00.
28 cannabis production facility: $3,000.00.
30 production facility: $1,000.00.
32 cannabis independent testing laboratory: $5,000.00.
34 independent testing laboratory: $3,000.00.
35 (9) For each person identified in an application for the initial issuance of a medical
36 cannabis establishment agent registration card: $150.00.
37 (10) For each person identified in an application for the renewal of a cannabis
38 establishment agent registration card: $150.00.
39 (b) In addition to the fees described in subsection 1, each applicant for a medical cannabis
40 establishment license must pay to the Board:
41 (1) A one-time, nonrefundable application fee of $5,000; and
42 (2) The actual costs incurred by the Board in processing the application, including,
43 without limitation, conducting background checks.
44 (c) Any revenue generated from the fees imposed pursuant to this section
45 (1) Must be expended first to pay the costs of the Board in carrying out the provisions
46 of this chapter; and
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1 (2) If any excess revenue remains after paying the costs described in paragraph (c)(1),
2 such excess revenue must be paid over as instructed by the Secretary of the
3 Treasury so as not to comingle such revenue with the Tribe’s other monies.
4
5 Article VI: Requirements Concerning Operation of Medical Cannabis Establishments
6
7 Sec. 17-70. – Location, land use and signage, change of location.
8 (a) Each cannabis establishment must
9 (1) comply with all Tribal ordinances and rules pertaining to land development, land
10 use, and signage.
11 (2) Have an appearance, both as to the interior and exterior, that is professional,
12 orderly, dignified, and consistent with the traditional style of pharmacies, medical
13 offices, or commercial/industrial properties; and
14 (3) Have discreet and professional signage that is consistent with the traditional style
15 of signage for pharmacies and medical offices or commercial/industrial properties.
16 (b) A cannabis establishment may not change locations without permission from the Board.
17
18 Sec. 17-71. – Operating documents, security, inspections.
19 (a) The operating documents of a medical cannabis establishment must include procedures:
20 (1) For the oversight of the medical cannabis establishment; and
21 (2) To ensure accurate recordkeeping
22 (b) Except as otherwise provided in this subsection, a medical cannabis establishment:
23 (1) That is a medical cannabis dispensary must have a single entrance for patrons,
24 which must be secure, and shall implement strict security measures to deter and
25 prevent the theft of cannabis and unauthorized entrance into areas containing
26 cannabis.
27 (2) That is not a medical cannabis dispensary must have a single secure entrance and
28 shall implement strict security measures to deter and prevent the theft of cannabis
29 and unauthorized entrance into areas containing cannabis.
30 (c) All cultivation or production of cannabis that a medical cannabis cultivation facility carries
31 out or causes to be carried out must take place in an enclosed, locked facility at the physical
32 address provided to the Board during the licensing process for the medical cannabis
33 cultivation facility. Such an enclosed, locked facility must be accessible only by medical
34 cannabis establishment agents who are lawfully associated with the cannabis cultivation
35 facility, except that limited access by persons necessary to perform construction or repairs
36 or provide other labor is permissible if such persons are supervised by a medical cannabis
37 establishment agent.
38 (d) A medical cannabis establishment shall not allow any person to consume cannabis on the
39 property or premises of the establishment.
40 (e) Medical cannabis establishments are subject to reasonable inspection by the Board at any
41 time, and a person who holds a license must make himself or herself, or a designee thereof,
42 available and present for any inspection by the Board of the medical cannabis
43 establishment.
44 (f) Each medical cannabis establishment shall install a video monitoring system which must,
45 at a minimum:
Page 26 of 42
1 (1) Allow for the transmission and storage, by digital or analog means, of a video feed
2 which displays the interior and exterior of the medical cannabis establishment; and
3 (2) Be capable of being accessed remotely by a law enforcement agency in real-time
4 upon request.
5 (g) A medical cannabis establishment shall not dispense or otherwise sell medical cannabis or
6 medical cannabis products from a vending machine or allow such a vending machine to be
7 installed at the interior or exterior of the premises of the cannabis establishment.
8
9 Sec. 17-72. – Electronic verification system.
10 (a) Each medical cannabis establishment, in consultation with the Board, shall maintain an
11 electronic verification system.
12 (b) The electronic verification system required pursuant to subsection (a) must be able to
13 monitor and report information, including, without limitation:
14 (1) In the case of a medical cannabis dispensary, for each person who holds a valid
15 patient card and who purchased cannabis from the dispensary in the immediately
16 preceding 60-day period:
17 (i) The number of the card;
18 (ii) The date on which the card was issued; and
19 (iii) The date on which the card will expire.
20 (2) For each cannabis establishment agent who is employed by or volunteers at the
21 medical cannabis establishment, the number of the person’s cannabis establishment
22 agent card.
23 (3) In the case of a medical cannabis dispensary, such information as may be required
24 by the Board by regulation regarding persons who are not residents of Tribal land
25 and who have purchased cannabis from the dispensary.
26 (4) Verification of the identity of a person to whom cannabis or medical cannabis
27 products are sold or otherwise distributed.
28 (5) Such other information as the Board may require.
29 (c) Nothing in this section prohibits more than one medical cannabis establishment from co-
30 owning an electronic verification system in cooperation with other medical cannabis
31 establishments, or sharing the information obtained therefrom.
32 (d) A medical cannabis establishment must exercise reasonable care to ensure that the personal
33 identifying information of persons who hold patient identification cards which is contained
34 in an electronic verification system is encrypted, protected, and not divulged for any
35 purpose not specifically authorized by law.
36
37 Sec. 17-73. – Inventory control system.
38 (a) Each medical cannabis establishment, in consultation with the Board, shall maintain an
39 inventory control system.
40 (b) The inventory control system required pursuant to subsection (a) must be able to monitor
41 and report information, including, without limitation:
42 (1) Insofar as is practicable, the chain of custody and current whereabouts, in real time,
43 of cannabis from the point that it is harvested at a cannabis cultivation facility until
44 it is sold at a medical cannabis dispensary and, if applicable, medical cannabis
45 production facility;
Page 27 of 42
1 (2) The name of each person or other medical cannabis establishment, or both, to which
2 the establishment sold cannabis;
3 (3) In the case of a medical cannabis dispensary, the date on which it sold cannabis to
4 a person who holds a patient card and, if any, the quantity of medical cannabis
5 products sold, measured both by weight and potency; and
6 (4) Such other information as the Board may require.
7 (c) Nothing in this section prohibits more than one medical cannabis establishment from co-
8 owning an inventory control system in cooperation with other medical cannabis
9 establishments, or sharing the information obtained therefrom.
10 (d) A medical cannabis establishment must exercise reasonable care to ensure that the personal
11 identifying information of persons who hold patient cards which is contained in an
12 inventory control system is encrypted, protected, and not divulged for any purpose not
13 specifically authorized by law.
14
15 Sec. 17-74. – Requirements for storage, removal, transportation of medical cannabis.
16 (a) At each medical cannabis establishment, medical cannabis must be stored only in an
17 enclosed, locked facility.
18 (b) Except as otherwise provided in subsection (c), at each medical cannabis dispensary,
19 medical cannabis must be stored in a secure, locked device, display case, cabinet, or room
20 within the enclosed, locked facility. The secure, locked device, display case, cabinet, or
21 room must be protected by a lock or locking mechanism that meets at least the security
22 rating established by the Underwriters Laboratories for key locks.
23 (c) At a medical cannabis dispensary, medical cannabis may be removed from the secure
24 setting described in subsection (b):
25 (1) Only for the purpose of dispensing the cannabis;
26 (2) Only immediately before the cannabis is dispensed; and
27 (3) Only by a cannabis establishment agent who is employed by or volunteers at the
28 dispensary.
29 (d) A medical cannabis establishment may:
30 (1) Transport medical cannabis to another medical cannabis establishment or between
31 the buildings of the medical cannabis establishment; and
32 (2) Enter into a contract with a third party to transport cannabis to another medical
33 cannabis establishment or between the buildings of the medical cannabis
34 establishment.
35
36 Sec. 17-75. – Duties of medical cannabis dispensaries relating to sale of medical cannabis.
37 (a) Each medical cannabis dispensary shall ensure all of the following:
38 (1) The weight, concentration, and content of THC in all cannabis and cannabis
39 products that the dispensary sells is clearly and accurately stated on the product
40 sold.
41 (2) That the dispensary does not sell to a person, in any one transaction, more than one
42 ounce of cannabis.
43 (3) That, posted clearly and conspicuously within the dispensary, are the legal limits
44 on the possession of cannabis for medical purposes, as set forth in Sec. 17-91.
45 (4) That only persons who are at least 21 years of age or hold a patient card are allowed
46 to enter the premises of the medical cannabis dispensary.
Page 28 of 42
1 (b) A medical cannabis dispensary shall not sell cannabis or cannabis products to a consumer
2 through the use of, or accept a sale of cannabis or cannabis products from, a third party,
3 intermediary business, broker or any other business that does not hold a medical cannabis
4 establishment license for a medical cannabis dispensary.
5 (c) A medical cannabis dispensary may deliver medical cannabis or medical cannabis products
6 to a person who holds a valid patient card if the delivery is made by a medical cannabis
7 establishment agent who is authorized to make the delivery by the medical cannabis
8 dispensary which sold the cannabis or cannabis product.
9 (1) The Board may adopt regulations prescribing procedures and protocols for
10 deliveries conducted pursuant to subsection (c).
11
12 Sec. 17-76. – Requirements concerning medical cannabis products.
13 (a) Each medical cannabis establishment shall, in consultation with the Board, cooperate to
14 ensure that all cannabis products offered for sale:
15 (1) Are labeled clearly and unambiguously:
16 (i) As medical cannabis with the words “THIS IS A MEDICAL CANNABIS
17 PRODUCT” in bold type; and
18 (ii) As required by the other provisions of this chapter.
19 (2) Are not presented in packaging that contains an image of a cartoon character,
20 mascot, action figure, balloon or toy, except that such an item may appear in the
21 logo of the cannabis production facility which produced the product.
22 (3) Are regulated and sold on the basis of the concentration of THC in the products and
23 not by weight.
24 (4) Are packaged and labeled in such a manner as to allow tracking by way of an
25 inventory control system.
26 (5) Are not packaged and labeled in a manner which is modeled after a brand of
27 products primarily consumed by or marketed to children.
28 (6) Are labeled in a manner which indicates the amount of THC in the product,
29 measured in milligrams, and includes a statement that the product contains cannabis
30 and its potency was tested with an allowable variance of the amount determined by
31 the Board by regulation.
32 (7) Are not labeled or marketed as candy.
33 (b) A medical cannabis production facility shall not produce cannabis products in any form
34 that:
35 (1) Is or appears to be a lollipop.
36 (2) Bears the likeness or contains characteristics of a real or fictional person, animal or
37 fruit, including, without limitation, a caricature, cartoon or artistic rendering.
38 (3) Is modeled after a brand of products primarily consumed by or marketed to
39 children.
40 (4) Is made by applying concentrated cannabis to a commercially available candy or
41 snack food item other than dried fruit, nuts, or granola.
42 (c) A medical cannabis production facility shall:
43 (1) Seal any medical cannabis product that consists of cookies or brownies in a bag or
44 other container which is not transparent.
45 (2) Affix a label to each medical cannabis product which includes without limitation,
46 in a manner which must not mislead consumers, the following information:
Page 29 of 42
1 (i) The words “Keep out of reach of children”;
2 (ii) A list of all ingredients used in the medical cannabis product;
3 (iii) A list of all allergens in the cannabis product; and
4 (iv) The total content of THC measured in milligrams.
5 (3) Maintain a hand washing area with hot water, soap and disposable towels which is
6 located away from any area in which cannabis products are cooked or otherwise
7 prepared.
8 (4) Require each person who handles cannabis or medical cannabis products to restrain
9 his or her hair, wear clean clothing, and keep his or her fingernails neatly trimmed.
10 (5) Package all cannabis products produced by the cannabis production facility on the
11 premises of the cannabis production facility.
12 (d) A medical cannabis establishment shall not engage in advertising that in any way makes
13 cannabis or medical cannabis products appeal to children, including without limitation,
14 advertising which uses an image of a cartoon character, mascot, action figure, balloon,
15 fruit, or toy.
16 (e) Each medical cannabis dispensary shall offer for sale containers for the storage of medical
17 cannabis and medical cannabis products which lock and are designed to prohibit children
18 from unlocking and opening the container.
19 (f) A medical cannabis dispensary shall:
20 (1) Include a written notification with each sale of medical cannabis or medical
21 cannabis products which advises the purchaser:
22 (i) To keep cannabis and cannabis products out of the reach of children;
23 (ii) That cannabis products can cause severe illness in children;
24 (iii) That allowing children to ingest cannabis or cannabis products or storing
25 cannabis or cannabis products in a location which is accessible to children
26 may result in an investigation by an agency which provides child welfare
27 services or criminal prosecution for child abuse or neglect;
28 (iv) That the intoxicating effects of edible cannabis products may be delayed by
29 2 hours or more and users of edible medical cannabis products should
30 initially ingest a small amount of the product, then wait at least 120 minutes
31 before ingesting any additional amount of the product;
32 (v) That pregnant women should consult with a physician before ingesting
33 medical cannabis or medical cannabis products;
34 (vi) That ingesting medical cannabis or medical cannabis products with alcohol
35 or other drugs, including prescription medication, may result in
36 unpredictable levels of impairment and that a person should consult with a
37 physician before doing so;
38 (vii) That medical cannabis or medical cannabis products can impair
39 concentration, coordination and judgment and a person should not operate
40 a motor vehicle while under the influence of cannabis or cannabis products;
41 and
42 (viii) That ingestion of any amount of medical cannabis or medical cannabis
43 products before driving may result in criminal prosecution for driving under
44 the influence.
45 (2) Enclose all medical cannabis and medical cannabis products in opaque, child-proof
46 packaging upon sale.
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1 (g) A cannabis dispensary shall not allow any person who is at less than 21 years of age to
2 enter the premises of the cannabis dispensary.
3 (h) If the applicable health authority where a medical cannabis production facility or medical
4 cannabis dispensary which sells edible medical cannabis products is located requires
5 persons who handle food at a food establishment to obtain certification, the medical
6 cannabis production facility or medical cannabis dispensary shall ensure that at least one
7 employee maintains such certification.
8 (i) A medical cannabis production facility may sell a commodity or product made using hemp
9 or containing cannabidiol to a medical cannabis dispensary.
10 (j) In addition to any other product authorized by the provisions of this chapter, a medical
11 cannabis dispensary may sell:
12 (1) Any commodity or product made using hemp;
13 (2) Any commodity or product containing cannabidiol with a THC concentration of
14 not more than 0.3 percent; and
15 (3) Any other product specified by regulation of the Board.
16 (k) A medical cannabis establishment:
17 (1) Shall not engage in advertising which contains any statement or illustration that:
18 (i) Is false or misleading;
19 (ii) Promotes overconsumption of medical cannabis or medical cannabis
20 products;
21 (iii) Depicts the actual consumption of medical cannabis or medical cannabis
22 products; or
23 (iv) Depicts a child or other person who is less than 21 years of age consuming
24 medical cannabis or medical cannabis products or objects suggesting the
25 presence of a child, including, without limitation, toys, characters, or
26 cartoons, or contains any other depiction which is designed in any manner
27 to be appealing to or encourage consumption of medical cannabis or
28 medical cannabis products by a person who is less than 21 years of age.
29 (2) Shall not advertise in any publication or on radio, television, or any other medium
30 if 30 percent or more of the audience of that medium is reasonably expected to be
31 persons who are less than 21 years of age.
32 (3) Shall not place an advertisement:
33 (i) Within 1,000 feet of a school, playground, public park, or library, but may
34 maintain such an advertisement if it was initially placed before the school,
35 playground, public park, or library was located within 1,000 feet of the
36 location of the advertisement;
37 (ii) On or inside of a motor vehicle used for public transportation or any shelter
38 for public transportation;
39 (iii) At a sports event to which persons who are less than 21 years of age are
40 allowed entry; or
41 (iv) At an entertainment event if it is reasonably estimated that 30 percent or
42 more of the persons who will attend that event are less than 21 years of age.
43 (4) Shall not advertise or offer any medical cannabis or medical cannabis product as
44 “free” or “donated” without a purchase.
Page 31 of 42
1 (5) Shall ensure that all advertising by the medical cannabis establishment contains
2 such warnings as may be prescribed by the Board, which must include, without
3 limitation, the following words:
4 (i) “Keep out of reach of children”; and
5 (ii) “For use only by adults 21 years of age and older.”
6 (l) If a medical cannabis establishment engages in advertising for which it is required to
7 determine the percentage of persons who are less than 21 years of age and who may
8 reasonably be expected to view or hear the advertisement, the medical cannabis
9 establishment shall maintain documentation for not less than five years after the date on
10 which the advertisement is first broadcasted, published, or otherwise displayed that
11 demonstrates the manner in which the medical cannabis establishment determined the
12 reasonably expected age of the audience for that advertisement.
13 (m) In addition to any other penalties provided for by law, the Board may impose a civil penalty
14 upon a cannabis establishment that violates the provisions of subsection (k) and (l) as
15 follows:
16 (1) For the first violation in the immediately preceding 2 years, a civil penalty not to
17 exceed $1,250.
18 (2) For the second violation in the immediately preceding 2 years, a civil penalty not
19 to exceed $2,500.
20 (3) For the third violation in the immediately preceding 2 years, a civil penalty not to
21 exceed $5,000.
22 (4) For the fourth violation in the immediately preceding 2 years, a civil penalty not to
23 exceed $10,000.
24
25 Sec. 17-77. – Advertising, selling, appearing to sell medical cannabis without a license is
26 prohibited.
27 A person shall not advertise the sale of medical cannabis or medical cannabis products by the
28 person, sell, offer to sell, or appear to sell medical cannabis or medical cannabis products unless
29 the person holds a medical cannabis establishment license.
30
31 Sec. 17-78. – Random laboratory assurance checks.
32 (a) The Board may establish a program to ensure the integrity of all testing performed by a
33 medical cannabis independent testing laboratory by subjecting each such laboratory to
34 random laboratory assurance checks.
35 (b) If the Board establishes a program pursuant to subsection (a), each medical cannabis
36 independent testing laboratory shall participate in the program.
37 (c) If the Board establishes a program pursuant to subsection (a), as part of the program, the
38 Board shall:
39 (1) Collect samples of cannabis or cannabis products from medical cannabis
40 establishments that have already been tested by medical cannabis independent
41 testing laboratories in amounts deemed sufficient by the Board;
42 (2) Remove identifying characteristics from and randomize such samples; and
43 (3) Provide each cannabis independent testing laboratory with a sample for analysis.
44 (d) A cannabis independent laboratory that receives a sample from the Board shall perform
45 such quality assurance tests upon the sample as the Board may require. Such tests may
46 include, without limitation:
Page 32 of 42
1 (1) Screening the sample for pesticides, heavy metals, chemical residues, herbicides,
2 growth regulators and microbial analysis;
3 (2) A potency analysis to test for and quantify the presence of the following
4 cannabinoids:
5 (i) THC;
6 (ii) Tetrahydrocannabinolic acid;
7 (iii) Cannabidiol;
8 (iv) Cannabidiolic acid; and
9 (v) Cannabinol; and
10 (3) Such other quality assurance tests that the Board may require.
11 (e) If the Board establishes a program pursuant to subsection (a), the Board shall adopt
12 regulations necessary to carry out the program. Such regulations:
13 (1) Must require each cannabis independent testing laboratory to perform a random
14 laboratory assurance check at least once every six months but not more frequently
15 than once every three months.
16 (2) May modify the procedures and requirements set forth in this section if the Board
17 determines that advances in science necessitate such a modification.
18 (f) As used in this section, “random laboratory assurance check” means the evaluation of the
19 performance of a cannabis independent testing laboratory in conducting quality assurance
20 tests upon a sample if required by the Board under the program established pursuant to
21 subsection (a).
22
23 Sec. 17-79. – Reciprocity.
24 Medical cannabis dispensaries shall offer reciprocity to the participants of medical cannabis
25 programs of other jurisdictions. A medical cannabis dispensary may sell medical cannabis and
26 medical cannabis products to a person without a medical cannabis patient card if the person has
27 valid documentation or credentials showing that the person is a participant of a medical cannabis
28 program in a different jurisdiction.
29
30 Article VII: Miscellaneous Licensing Provisions
31
32 Sec. 17-80. – Certain employees and persons exempt from prosecution.
33 (a) A member or employee of the Board who, in the course of his or her duties:
34 (1) Possesses, delivers, or produces cannabis;
35 (2) Aids and abets another in the possession, delivery or production of cannabis;
36 (3) Performs any combination of the acts described in paragraphs (1) and (2); or
37 (4) Performs any other criminal offense in which the possession, delivery or production
38 of cannabis is an element,
39 is exempt from Tribal prosecution for such offense. The persons described in this
40 subsection must ensure that the cannabis described in this section is safeguarded in a
41 secure location.
42 (b) In addition to the provisions of subsection (a), no person may be subject to Tribal
43 prosecution for constructive possession, conspiracy, or any other criminal offense solely
44 for being in the presence or vicinity of the cannabis in accordance with the provisions of
45 this chapter.
46 (c) As used in this section, “cannabis” includes, without limitation, cannabis products.
Page 33 of 42
1
2 Sec. 17-81. – Enforcement of contracts.
3 It is the public policy of the Tribe that contracts related to the operation of cannabis establishments
4 under this chapter should be enforceable, and no contract entered into by the licensee or registrant
5 as permitted pursuant to such a license or registration card, or by those who allow property to be
6 used by a licensee or registrant as permitted pursuant to such a license or registration card, shall
7 be deemed unenforceable on the basis that the actions or conduct permitted pursuant to the license
8 or registration card are prohibited by federal law.
9
10 Sec. 17-82. – Training of medical cannabis establishment agents.
11 (a) An independent contractor, including, without limitation, an educational institution,
12 nonprofit organization, or labor organization, may enter into a contract with a medical
13 cannabis establishment to provide training to the medical cannabis establishment agents
14 who volunteer or work at, contract to provide labor to, or are employed by an independent
15 contractor to provide labor to the medical cannabis establishment.
16 (b) The Board shall issue to an independent contractor who wishes to provide training as
17 described in subsection (a) a medical cannabis establishment agent registration card if:
18 (1) The independent contractor submits to the Board an organized, written plan
19 describing the manner in which the independent contractor will conduct the training
20 which has been agreed to by the independent contractor and the cannabis
21 establishment; and
22 (2) The independent contractor satisfies the requirements of Sec. 17-66.
23
24 Sec. 17-83. – Petition to determine if criminal history is disqualifying.
25 (a) The Board shall develop and implement a process by which a person with a criminal history
26 may petition the Board to review the criminal history of the person to determine if the
27 person’s criminal history will disqualify the person from obtaining a license or medical
28 cannabis establishment agent registration card pursuant to this chapter.
29 (b) Not later than 90 days after a petition is submitted to the Board pursuant to subsection (a),
30 the Board shall inform the person of the determination of the Board of whether the person’s
31 criminal history will disqualify the person from obtaining a license or medical cannabis
32 establishment agent registration card. The Board is not bound by its determination of
33 disqualification or qualification and may rescind such a determination at any time.
34 (c) The Board may provide instructions to a person who receives a determination of
35 disqualification to remedy the determination of disqualification. A person may resubmit a
36 petition pursuant to subsection (a) not earlier than six months after receiving instructions
37 pursuant to this subsection if the person remedies the determination of disqualification.
38 (d) A person with a criminal history may petition the Board at any time, including, without
39 limitation, before obtaining any education or paying any fee required to obtain a license or
40 medical cannabis establishment agent registration card from the Board.
41 (e) A person may submit a new petition to the Board not earlier than two years after the final
42 determination of the initial petition submitted to the Board.
43 (f) The Board may impose a fee of up to $50 upon the person to fund the administrative costs
44 in complying with the provisions of this section. The Board may waive such fees or allow
45 such fees to be covered by funds from a scholarship or grant.
46 (g) The Board may post on its Internet website:
Page 34 of 42
1 (1) The requirements to obtain a license and a medical cannabis establishment agent
2 registration card from the Board; and
3 (2) A list of crimes, if any, that would disqualify a person from obtaining a license or
4 a medical cannabis establishment agent registration card from the Board.
5 (h) The Board may request the criminal history record of a person who petitions the Board for
6 a determination pursuant to subsection (a). To the extent consistent with federal law, if the
7 Board makes such a request of a person, the Board shall require the person to submit his
8 or her criminal history record which includes a report from:
9 (1) The Central Repository for North Carolina Records of Criminal History; and
10 (2) The Federal Bureau of Investigation.
11 (i) A person who petitions the Board for a determination pursuant to subsection (a) shall not
12 submit false or misleading information to the Board.
13 (j) The Director shall transmit a report of petitions and the results thereof to Tribal Council
14 quarterly, unless otherwise directed by the Commission.
15
16 Sec. 17-85. – Government-to-government agreements.
17 (a) The Board may enter into one or more intergovernmental agreements to efficiently
18 coordinate the cross-jurisdictional administration of the laws of the Tribe and the laws of
19 the State of North Carolina relating to cannabis. The agreements may include, without
20 limitation, provisions relating to:
21 (1) criminal and civil law enforcement;
22 (2) regulatory issues relating to the possession, delivery, production, processing or use
23 of cannabis or cannabis products;
24 (3) the administration of laws relating to taxation;
25 (4) any immunity, preemption, or conflict of law relating to the possession, delivery,
26 production, processing, or use of cannabis or cannabis products; and
27 (5) the resolution of any disputes between a tribal government and the state, which may
28 include, without limitation, the use of mediation or other nonjudicial processes.
29 (b) An agreement entered into pursuant to this section shall:
30 (1) provide for the preservation of public health and safety;
31 (2) ensure the security of cannabis establishments;
32 (3) establish provisions regulating business involving cannabis that passes between
33 tribal land and nontribal land in North Carolina; and
34 (4) be negotiated in good faith, which shall respect and protect state and tribal
35 sovereign immunity.
36
37 Sec. 17-85 – 17-89. – Reserved.
38
39 Article VIII: Medical use of cannabis
40
41 Sec. 17-90. – Exemption from tribal prosecution for certain acts involving cannabis.
42 (a) Possessing, cultivating, delivering, transferring, transporting, supplying, or selling in
43 accordance with this chapter is authorization to possess a controlled substance for purposes
44 of Cherokee Code Chapter 14.
45 (b) Except as otherwise provided in this chapter, a person who holds a valid medical cannabis
46 patient card is exempt from tribal prosecution for:
Page 35 of 42
1 (1) The possession, delivery, or production of cannabis;
2 (2) The possession or delivery of paraphernalia;
3 (3) Aiding and abetting another in the possession, delivery or production of cannabis;
4 (4) Aiding and abetting another in the possession or delivery of paraphernalia;
5 (5) Any combination of the acts described in paragraphs (1) to (4), inclusive; and
6 (6) Any other criminal offense in which the possession, delivery, or production of
7 cannabis or the possession or delivery of paraphernalia is an element.
8 (c) The exemption from tribal prosecution set forth in subsection (a) applies only to the extent
9 that a person who holds a patient identification card and the designated primary caregiver,
10 if any, of such a person:
11 (1) Engage in or assist in, as applicable, the medical use of cannabis in accordance with
12 the provisions of this chapter as justified to mitigate the symptoms or effects of a
13 person’s chronic or debilitating medical condition; and
14 (2) Do not, at any one time, collectively possess with another who is authorized to
15 possess, deliver or produce more than:
16 (i) Two and one-half ounces of usable cannabis;
17 (ii) Twelve cannabis plants, irrespective of whether the cannabis plants are
18 mature or immature; and
19 (iii) A maximum allowable quantity of cannabis products as established by
20 regulation of the Board.
21 (d) If the persons described in subsection (c) possess, deliver, or produce cannabis in an
22 amount which exceeds the amount described in paragraph (c)(2), those persons are not
23 exempt from prosecution for the possession, delivery or production of cannabis.
24 (e) A person who holds a valid medical cannabis establishment license or a valid medical
25 cannabis establishment agent card and who confines his or her activities to those authorized
26 by this chapter, and the regulations adopted by the Board pursuant thereto, is exempt from
27 tribal prosecution for:
28 (1) The possession, delivery, or production of cannabis;
29 (2) The possession or delivery of paraphernalia;
30 (3) Aiding and abetting another in the possession, delivery or production of cannabis;
31 (4) Aiding and abetting another in the possession or delivery of paraphernalia;
32 (5) Any combination of the acts described in paragraphs (1) to (4), inclusive; and
33 (6) Any other criminal offense in which the possession, delivery or production of
34 cannabis or the possession or delivery of paraphernalia is an element.
35 (f) In addition to the provisions of subsections (a) and (d), no person may be subject to tribal
36 prosecution for constructive possession, conspiracy, or any other criminal offense solely
37 for being in the presence or vicinity of the medical use of cannabis in accordance with the
38 provisions of this chapter.
39 (g) The persons described in this section must ensure that the usable cannabis and cannabis
40 plants described in this subsection are safeguarded in an enclosed, secure location.
41 (h) As used in this section, “cannabis” includes, without limitation, cannabis products.
42
43 Sec. 17-91. – Medical cannabis patient cards.
44 (a) The Board shall establish and maintain a program for the issuance of medical cannabis
45 patient cards to persons who meet the requirements of this section. Medical cannabis
46 patient cards may only be issued to natural persons who are at least 21 years old.
Page 36 of 42
1 (b) Except as otherwise provided in Sec. 17-93, the Board shall issue a patient identification
2 card to a person who submits an application on a form prescribed by the Board
3 accompanied by the following:
4 (1) The name, physical and mailing address, telephone number, and date of birth of the
5 person;
6 (2) A copy of a government-issued identification;
7 (3) Written documentation a chronic or debilitating medical condition;
9 person’s designated primary caregiver, if any
11 person for whom the applicant is acting as designated primary caregiver, if any, and
12 (6) Such other and further information required by the Board to ensure the accuracy of
13 the written documentation.
14 (c) The Board shall verify the information contained in an application submitted pursuant to
15 this section and shall approve or deny an application within the period of time specified by
16 the Board by regulation, not to exceed 30 days. The Board may contact an applicant, the
17 applicant’s attending provider of health care or designated primary caregiver, if any, by
18 telephone to determine that the information provided on or accompanying the application
19 is accurate. The Board may deny an application only on the following grounds:
20 (1) The applicant failed to provide a complete application;
21 (2) The applicant failed to comply with regulations adopted by the Board;
22 (3) The Board determines that the information provided by the applicant was falsified
23 or incorrect;
24 (4) The Board determines that the attending provider of health care of the applicant is
25 not licensed, certified, or not in good standing as reported by the applicable
26 professional licensing board;
27 (5) The Board has prohibited the applicant from obtaining or using a patient
28 identification card pursuant to Se. 17-97.
29 (6) The Board determines that the applicant, or the applicant’s designated primary
30 caregiver, if applicable, has had a patient card revoked.
31 (d) A person may have only one designated primary caregiver at one time. A person may act
32 a designated primary caregiver for multiple people at one time.
33 (e) The decision of the Board to deny an application for a medical cannabis patient card is a
34 final decision for the purposes of administrative appeal and judicial review. Only the
35 person whose application has been denied has standing to contest the determination of the
36 Board. A judicial review shall be conducted with the procedures set forth Chapter 150 for
37 review of administrative actions.
38 (f) A person whose application has been denied may not reapply for six months after the date
39 of the denial.
40
41 Sec. 17-92. – Issuance of medical cannabis patient cards.
42 (a) If the Board approves a medical cannabis patient card application, the Board shall issue the
43 applicant a serially numbered medical cannabis patient card as soon as practicable.
44 (b) A medical cannabis patient card must set forth:
45 (1) The name, address, photograph, and date of birth of the applicant;
46 (2) The date of issuance and date of expiration of the patient card;
Page 37 of 42
1 (3) The name and address of the applicant’s designated primary caregiver, if any; and
2 (4) Any other information prescribed by regulation of the Board.
3 (c) A patient card issued to a designated primary caregiver must set forth:
4 (1) The name, address and photograph of the designated primary caregiver;
5 (2) The date of issuance and date of expiration of the patient identification card;
6 (3) The name and address of the applicant for whom the person is the designated
7 primary caregiver;
8 (4) Any other information prescribed by regulation of the Board.
9 (d) Unless sooner revoked, a patient card is valid for a period of one year from the date of
10 issuance.
11
12 Sec. 17-93. – Medical cannabis patient card revocation.
13 (a) If, at any time after the Board has issued a patient card, the Board determines, on the basis
14 of official documents or records or other credible evidence, that the person provided
15 falsified or materially inaccurate information on his or her application to the Board, the
16 Board shall immediately revoke the patient identification card issued to that person and
17 shall immediately revoke the patient identification card issued to that person’s designated
18 primary caregiver, if any.
19 (b) Upon the revocation of a patient card pursuant to this section:
20 (1) The Board shall send, by certified mail, return receipt requested, notice to the
21 person whose patient identification card has been revoked, advising the person of
22 the requirements of paragraph (2) below; and
23 (2) The person shall return his or her patient card to the Board within seven days after
24 receiving the notice sent pursuant to paragraph (1) above.
25 (c) The decision of the Board to revoke a patient card pursuant to this section is a final decision
26 for the purposes of judicial review.
27 (d) A person whose patient identification card has been revoked pursuant to this section may
28 not reapply for a patient identification card for 12 months after the date of the revocation.
29
30 Sec. 17-94. – Duty to notify Board of certain changes in information.
31 (a) A person to whom the Board has issued a patient identification card shall, in accordance
32 with regulations adopted by the Board:
33 (1) Notify the Board of any change in the person’s name, physical or mailing address,
34 telephone number, attending provider of health care or designated primary
35 caregiver, if any;
36 (2) Notify the Board of any change in the identity of a person for whom he or she acts
37 as designated primary caregiver, if any;
38 (3) Notify the Board of any change in the person’s chronic or debilitating medical
39 condition, with accompanying written documentation; and
40 (4) If the person elects to designate a primary caregiver for the subsequent year and the
41 primary caregiver so designated was not the person’s designated primary caregiver
42 during the previous year:
43 (i) The name, physical and mailing address, and telephone number of the
44 designated primary caregiver.
45 (b) If a person fails to comply with the provisions of subsection (a), the medical cannabis
46 patient card shall be deemed expired. If a person’s patient card is deemed expired under
Page 38 of 42
1 subsection (a), the patient card for the person’s designated primary caregiver, if any, shall
2 also be deemed expired.
3
4 Sec. 17-95. – Renewal and expiration of medical cannabis patient cards.
5 (a) Upon the expiration of a patient card pursuant to this section:
6 (1) The Board shall send, by certified mail, return receipt requested, notice to the
7 person whose patient identification card has been revoked, advising the person of
8 the requirements of paragraph (2) below; and
9 (2) The person shall return his or her patient card to the Board within seven days after
10 receiving the notice sent pursuant to paragraph (1) above.
11 (b) A person may apply for renewal of his or her patient card pursuant to regulations issued by
12 the Board, but no earlier than 30 days from the date of expiration.
13
14 Sec. 17-96. – Diagnosis of absence of chronic or debilitating medical condition.
15 (a) If a person to whom the Board has issued a patient card is diagnosed by the person’s
16 attending provider of health care as no longer having a chronic or debilitating medical
17 condition, the person shall return his or her patient card and his or her designated primary
18 caregiver, if any, shall return his or her patient card to the Board within seven days after
19 notification of the diagnosis.
20 (b) Failing to comply with this section is grounds for revocation of a medical cannabis patient
21 card.
22
23 Sec. 17-97. – Acts for which there is no exemption of tribal prosecution.
24 (a) A person who holds a patient identification card is not exempt from tribal prosecution for
25 any of the following acts:
26 (1) Driving, operating or being in actual physical control of a vehicle or a vessel under
27 power or sail while under the influence of cannabis;
28 (2) Transporting an open container of cannabis in the passenger area of a motor vehicle;
29 (3) Delivering cannabis to another person who he or she knows does not lawfully hold
30 a patient card issued by the Board;
31 (4) Delivering cannabis for consideration or remuneration to any person, regardless of
32 whether the recipient lawfully holds a patient identification card issued by the
33 Division;
34 (5) Possessing cannabis if the possession occurs in any place open to the public or
35 exposed to public view, in any Tribal government office or facility, in any place
36 which the owner or one in lawful possession prohibits possession of cannabis, or
37 on the property of a school or community facility.
38 (6) Any other act as set out in regulations issued by the Board.
39 (b) In addition to any other penalty provided by law, if the Board determines that a person has
40 willfully violated a provision of this chapter or any regulation adopted by the Board to
41 carry out the provisions of this chapter, the Division may, at its own discretion, prohibit
42 the person from obtaining or using a patient identification card for a period of up to six
43 months.
44
45 Sec. 17-98. – Search and seizure.
Page 39 of 42
1 (a) The fact that a person possesses a medical cannabis patient card, a medical cannabis
2 establishment license, or a medical cannabis establishment agent card does not, alone:
3 (1) Constitute probable cause to search the person or the person’s property; or
4 (2) Subject the person or the person’s property to inspection by any governmental
5 agency.
6 (b) Except as otherwise provided in this subsection, if the officers of a law enforcement agency
7 seize cannabis, paraphernalia, or other related property from a person engaged in,
8 facilitating, or assisting in the medical use of cannabis the law enforcement agency shall
9 ensure that the cannabis, paraphernalia, or other related property is not destroyed while in
10 the possession of the law enforcement agency.
11 (1) Any property interest of the person from whom the cannabis, paraphernalia or other
12 related property was seized must not be forfeited pursuant to any provision of law
13 providing for the forfeiture of property, except as part of a sentence imposed after
14 conviction of a criminal offense.
15 (2) Upon a decision not to prosecute, dismissal of charges, or acquittal the law
16 enforcement agency shall, to the extent permitted by law, return to that person any
17 usable cannabis, cannabis plants, paraphernalia or other related property that was
18 seized.
19 (3) The provisions of this subsection do not require a law enforcement agency to care
20 for live cannabis plants.
21
22 Sec. 17-99. – Addition of diseases and conditions to the list of chronic and debilitating medical
23 conditions.
24 (a) A person may submit to the Board a petition requesting that a particular disease or
25 condition be included among the diseases and conditions that qualify as chronic or
26 debilitating medical conditions.
27 (b) The Board shall adopt regulations setting forth the manner in which the Board will accept
28 and evaluate petitions submitted pursuant to this section. The regulations must provide,
29 without limitation, that:
30 (1) The Board will approve or deny a petition within 180 days after the Division
31 receives the petition; and
32 (2) The decision of the Board to deny a petition is a final decision for the purposes of
33 judicial review.
34
35 Sec. 17-100. – Effect of chapter.
36 (a) The provisions of this chapter do not:
37 (1) Require any employer to allow the medical use of cannabis in the workplace.
38 (2) Except as otherwise provided in subsection (a)(3), require an employer to modify
39 the job or working conditions of a person who engages in the medical use of
40 cannabis that are based upon the reasonable business purposes of the employer but
41 the employer must attempt to make reasonable accommodations for the medical
42 needs of an employee who engages in the medical use of cannabis if the employee
43 holds a valid patient identification card, provided that such reasonable
44 accommodation would not:
45 (i) Pose a threat of harm or danger to persons or property or impose an undue
46 hardship on the employer; or
Page 40 of 42
1 (ii) Prohibit the employee from fulfilling any and all of his or her job
2 responsibilities.
3 (3) Prohibit a law enforcement agency from adopting policies and procedures that
4 preclude an employee from engaging in the medical use of cannabis.
5 (4) Impose any responsibility upon the Tribe for any deleterious outcomes from the
6 medical use of cannabis by any person.
7 (5) In any way or manner waiver the sovereign immunity of the Tribe.
8
9
10 Article IX: Introductory Period
11
12 Sec. 17-101. – Introductory period established.
13 (a) There is hereby established an introductory period of thirty-six (36) months from the date
14 this legislation becomes effective. During the introductory period the restrictions of this
15 section shall apply and the Board may not adopt regulations or policies in conflict with
16 this section.
17 (b) During the introductory period the following restrictions shall be apply:
18 (1) There shall be a limit of one ounce of medical marijuana sold to a medical cannabis
19 patient card holder per day, not to exceed six ounces per month.
20 (2) There shall be a limit of 2,500 milligrams of THC in medical cannabis products
21 sold to a medical cannabis patient card holder per day, not to exceed 10,000
22 milligrams of THC within medical cannabis products per month.
23 (3) There shall be no medical cannabis establishment licenses, other than a license
24 for a medical cannabis laboratory, issued to any person or entity other than
25 Kituwah Medical, LLC, an entity wholly-owned by the Eastern Band of Cherokee
26 Indians as the sole member, or one of its wholly-owned subsidiaries incorporated
27 under Tribal law.
28 (4) There shall not be more than two medical cannabis dispensary locations.
29 (c) After the exclusivity period ends, the Board may consider the issuance of additional
30 medical cannabis establishment licenses and the adoption of regulations or policies in
31 conflict with this section. Nothing in this section reduces, lessens, or otherwise alters the
32 applicability of the remainder of this chapter during or after the introductory period.
33
34
35 Sec. 14-95.10 Transporting controlled substance into the territory of the Eastern band of
36 Cherokee Indians.
37 (a) Except as authorized by Cherokee Law, it is unlawful for any person to transport, carry,
38 or otherwise cause, assist, or provide for the importation of any controlled substance or
39 immediate precursor chemical into the territory of the Eastern Band of Cherokee Indians.
40 Unless a person's conduct is covered under some other provision of law providing greater
41 punishment, violation of this section shall be punished with a class B penalty.
42 (b) It shall be unlawful for a person to transport cannabis, medical cannabis, concentrated
43 cannabis, or medical cannabis products in the passenger area of a motor vehicle in other
44 than the manufacturer’s unopened original container. It shall be unlawful for a person
45 who is driving a motor vehicle on a highway or public vehicular area to consume in the
46 passenger area of that vehicle cannabis of any kind or nature. Violation of this section
Page 41 of 42
1 shall constitute a criminal offense punishable by a fine of $25.00 to $500.00 or
2 imprisonment for not more than 30 days.
3 (c) For purposes of this section, the definitions contained in Secs. 14-15.3(c) and 17-2 shall
4 apply.
5
6 Sec. 105-3. – Exemptions from Levy.
7 The following are exempt from the Tribal Levy:
8 (a) Non-retail sales by members of the Eastern Band of their own arts and crafts, agricultural,
9 forest or other products produced or processed by the Tribal member making such sale.
10 In this section non-retail means not sold at a retail business open to the general public for
11 that purpose.
12 (b) Sales of gasoline or other motor fuel.
13 (c) Sales of any article which is otherwise solely subject to a separate levy in the Cherokee
14 code.
15 (d) Sales by members of the Eastern Band from food and other concessions on the Tribal
16 Ceremonial Grounds during the Cherokee Fall Festival.
17 (e) Sales by the Steve Youngdeer American Legion Post on fundraising activities.
18 (f) Admission charges or sales to persons by the Cherokee Bingo Enterprise, except for store
19 sales and concession sales.
20 (g) Tips by enrolled members of the Tribe received while Chiefing on the Reservation.
21 (h) Admission charges, tips and other remuneration of string bands. In this section, "string
22 band" means a group of persons playing live music and in which at least two persons
23 playing music are enrolled members of the Tribe.
24 (i) Sales from not for profit corporations or other charitable organizations as determined by
25 the Tribal Business Committee; including, but not limited to, thrift shops, church
26 organizations, and other public assistance groups. Any group desiring an exemption shall
27 submit an application to Tribal Business Committee for approval. Any organization
28 approved by the Business Committee for exemption shall be published in the Cherokee
29 One Feather.
30 (j) All retail sales of food, except for prepared food, shall be tax-free. Further, any retail
31 sales that are lawfully paid for by or through federal food assistance program's guidelines
32 are tax-free.
33 (k) Newspaper sales; including sales made by vending machines.
34 (l) Sales to other native American Tribes when they honor the same exemption and when
35 paying with tribal government funds.
36 (m) Sales of cannabis made in accordance with Cherokee Code Chapter 17.
37
38
39
40 BE IT FINALLY ORDAINED, that all ordinances and resolutions inconsistent with this ordinance
41 are hereby rescinded, and this ordinance shall become effective upon ratification by
42 the Principal Chief.
43
44 Submitted by: Principal Chief Richard G. Sneed
45 Jeremy Wilson, Governmental Affairs Liaison
46 Joseph Owle, Secretary of Agriculture and Natural Resources
Page 42 of 42

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