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TRIBAL CANNABIS COMPLIANCE REGULATIONS

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REGULATION 1

ISSUANCE OF REGULATIONS; CONSTRUCTION; DEFINITIONS

 

1.000     Title.

1.010     Promulgation, amendment, modification and repeal.

1.020     Construction. 

1.030     Severability.

1.040     Definitions.

1.050     “Act” defined.

1.052     “Advertise” and “advertising” defined.

1.053     “Analyte” defined.

1.055     “Analytical portion” defined.

1.057     “Applicant” defined.

1.058     “Application” defined.

1.060     “Batch” defined.

1.065     “Batch number” defined.

1.067     “Board” defined.

1.068     “Board Agent” defined. 

1.070     “CBD” defined.

1.073     “Chief Medical Officer” defined.

1.075     “Combined cannabis establishment” defined.

1.080     “Component cannabis establishment” defined.

1.083     “Department” defined.

1.085     “Excise tax on cannabis” defined.

1.090     “Extraction” defined.

1.095     “Fair market value” defined.

1.100     “Foreign matter” defined.

1.105     “Growing unit” defined.

1.110     “Imminent health hazard” defined.

1.115     “Label” defined.

1.120     “Letter of approval” defined.

1.125     “Lot” defined.

1.130     “Multiple-serving edible cannabis product” defined.

1.135     “Packaging” defined.

1.137      “Person” defined.

1.140      “Pesticide” defined.

1.145     “Physician” defined.

1.150     “Potential total THC” defined.

1.155     “Potentially hazardous cannabis products and ingredients” defined.

1.160     “Premises” defined.

1.163     “Private Residence” defined.

1.165     “Production run” defined.

1.170     “Production run number” defined.

1.175     “Proficiency testing” defined.

1.180     “Proficiency testing program” defined.

1.185     “Proficiency testing provider” defined.

1.190     “Proficiency testing sample” defined.

1.195     “Public transportation” defined.

1.197     “Ready-to-consume cannabis product” defined.

1.200     “Sample protocols” defined.

1.205     “Security equipment” defined.

1.210     “Seed-to-sale tracking system” defined.

1.215     “Separate operations” defined.

1.220     “Single-serving edible cannabis product” defined.

1.222     “Single-use cannabis product” defined.

1.225     “Surveillance” defined.

1.230     “Taxpayer” defined.

1.235     “Vending Machine” defined.

1.240     “Cannabis” is interpreted to exclude industrial hemp.

1.245     “Immature cannabis plant” and “mature cannabis plant” interpreted.

1.000 Title. These regulations may be known and cited as Tribal Cannabis Compliance Regulations, or abbreviated T.C.C.R. or TCCR.

 

1.010 Promulgation, amendment, modification and repeal. The following regulations are issued pursuant to the Tribe’s ordinance addressing cannabis/marijuana production, sales, and the licensing and regulation of marijuana establishments and medical marijuana establishments (referred to herein as the “Tribe’s Cannabis Ordinance”).  The Tribe’s Cannabis Compliance Board (“Board”) will, from time to time, promulgate, amend and repeal such regulations, consistent with the policy, objectives and purposes for the regulation of cannabis, as it may deem necessary or desirable in carrying out the policy and provisions of the the Tribe’s cannabis/marijuana ordinance. The TCCR becomes effective upon passage and approval by the Tribe. 

 

1.020 Construction. Nothing contained in these regulations shall be so construed as to conflict with any provision of the Tribe’s Cannabis Ordinance, or of any other applicable Tribal law.

 

1.030 Severability. If any provision of these regulations be held invalid, it shall not be construed to invalidate any of the other provisions of these regulations.

 

1.040 Definitions. As used in these regulations, unless the context otherwise requires, the words and terms defined in the Tribe’s Cannabis Ordinance have the meanings ascribed to them in that ordinance.

 

1.050 “Act” defined. “Act” means the Tribe’s Cannabis Ordinance.

 

1.052 “Advertise” and “advertising” defined. “Advertise” and “advertising” mean an attempt by written, electronic or graphic representation to promote a company and/or company products or services. The terms include, without limitation, such representations made:

1. On radio, television, and/or the internet.

2. In newspapers, magazines, directories, in-store signs and menus, circulars, brochures, or other printed matters.

3.  On outdoor advertising or other signage consisting of signs, posters, displays, billboards, or any other stationary or permanently affixed advertisement promoting the sale of cannabis or cannabis products. Signage of the business name, company logos, devices, lights, figures, paintings, drawings, branding, or plaques that are used in the design of the cannabis establishment are not subject to the requirements of TCCR 12.070(1)-(3), however, each of the foregoing items must comply with the requirements detailed in TCCR 12.070(4). 

 

1.053 “Analyte” defined. “Analyte” means any compound, element, contaminant organism,

species or other substance for which a cannabis sample is tested by a cannabis independent testing laboratory.

 

1.055 “Analytical portion” defined. “Analytical Portion” means the portion of a test sample that is being processed for a particular laboratory test.

 

1.057 “Applicant” defined. “Applicant” means any person who has applied for the licensing of a cannabis establishment, for the issuance of a license to a business entity, or for issuance of an agent card.

1.058 “Application” defined. “Application” means a request for the issuance of a license for a cannabis establishment, for the issuance of a license to a business entity, or for issuance of an agent card, or for approval of any act or transaction for which Board and/or Department approval is required or permitted.

 

1.060 “Batch” defined. “Batch” means the usable flower and trim contained within one or more specific lots of cannabis grown by a cannabis cultivation facility from one or more seeds or cuttings of the same strain of cannabis and harvested on or before a specified final date of harvest. 

 

1.065 “Batch number” defined. “Batch number” means a unique numeric or alphanumeric identifier assigned to a batch by a cannabis establishment when the batch is planted.

 

1.067 “Board” defined. “Board” means the entity designated by the Tribal Council to take certain designated actions stated herein and in the Tribe’s Cannabis Ordinance.  

 

1.068 “Board Agent” defined. “Board Agent” means employee of the Board, including, but not limited to, advisors, inspectors, auditors and investigators.

 

1.070 “CBD” defined. “CBD” means cannabidiol, which is a primary phytocannabinoid compound found in cannabis.

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1.075 “Combined cannabis establishment” defined. “Combined cannabis establishment” means a group of cannabis establishments of different types which:

1. Each share identical ownership; and

2. Are located on the same parcel of real estate.

 

1.080 “Component cannabis establishment” defined. “Component cannabis establishment” means an individual cannabis establishment which is part of a combined cannabis establishment.

 

1.083 “Department” defined.  “Department” means the Department responsible for the oversight and enforcement of the rules that govern the cannabis programs as adopted by the Tribe.  At the time the Tribe adopted these regulations, the Department is the Inter-Tribal Cannabis Commission (also referred to as the Inter-Tribal Marijuana Commision), which is more specifically addressed in Regulation 2.

 

1.085 “Excise tax on cannabis” defined. “Excise tax on cannabis” means any excise tax imposed by Tribal law.

 

1.090 “Extraction” defined. “Extraction” means the process of extracting THC or CBD from cannabis, including without limitation, pushing, pulling or drawing out THC or CBD from cannabis.

 

1.095 “Fair market value” defined. “Fair market value” shall be determined as stated in Section 23.870 of the Law and Order Code.  

 

1.100 “Foreign matter” defined. “Foreign matter” means:

1. Stems which are 3 millimeters or more in diameter and constitute more than 5 percent of the cannabis product; or

2. Any physical contaminant which is included in the cannabis product, including but not limited to powdery mildew or insects.

1.105 “Growing unit” defined. “Growing unit” means an area within a cannabis cultivation facility in which growing operations are performed at all stages of growth. The term includes, without limitation, multiple rooms or areas that collectively are used to perform growing operations at all stages of growth regardless of whether each individual room or area has the capability to perform growing operations at all stages of growth.

 

1.110 “Imminent health hazard” defined. “Imminent health hazard” means a situation that requires immediate correction or cessation of operations to prevent injury or serious illness as determined by the Board or Department.

 

1.115 “Label” defined. “Label” means written or printed material affixed to or included with cannabis or a cannabis product to provide identification or other information.

 

1.120 “Letter of approval” defined. 

1. “Letter of approval” means a document issued by the Department to a minor applicant that provides that the minor is not subject to prosecution for medical use of marijuana if in compliance with applicable Tribal laws. 

2. The term does not include:

  1. (a) A letter accepting an application for a registry identification card;

  2. (b) A recommendation or referral letter issued by a physician;

  3. (c) A letter issued by another state or jurisdiction approving the medical use of cannabis; or

  4. (d) Any other document which the Board or Department determines does not meet the definition set forth in subsection 1.

 

1.125 “Lot” defined. “Lot” means:

1. The flowers from one or more cannabis plants of the same batch, in a quantity that weighs 10 pounds (4,536 grams) or less; 

2. The leaves or other plant matter from one or more cannabis plants of the same batch, other than full female flowers, in a quantity that weighs 15 pounds (6,804 grams) or less; or

3. The wet flower, leaves or other plant matter from one or more cannabis plants of the same batch used only for extraction, in a quantity that weighs 125 pounds (56,700 grams) or less within 2 hours of harvest.

 

1.130 “Multiple-serving edible cannabis product” defined. “Multiple-serving edible cannabis product” means an edible cannabis product which is offered for sale to a consumer and contains, within a variance of 15 percent of the potency allowable, more than 10 milligrams and not more than 100 milligrams of THC. The term includes an edible cannabis product which contains multiple pieces, each of which contains 10 milligrams or less of THC, if the edible cannabis product offered for sale contains a total of more than 10 milligrams of THC.

 

1.135 “Packaging” defined. “Packaging” means the immediate consumer-facing wrapper or container in which usable cannabis or cannabis products are packaged. 

1.137 “Person” defined. “Person” means natural persons, applicant, limited partnerships, limited-liability companies, corporations, publicly traded corporations, private investment companies, trusts, holding companies, or other forms of business organization such as defined by the Board.

 

1.140 “Pesticide” defined. “Pesticide” has the meaning ascribed to it in NRS 586.195.

 

1.145 “Physician” defined. “Physician” has the same meaning ascribed to it “attending physician” in the Tribe’s Cannabis Ordinance.

 

1.150 “Potential total THC” defined. “Potential total THC” means the sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by 0.877 plus the percentage by weight of Delta-9 tetrahydrocannabinol and Delta-8 tetrahydrocannabinol.

 

1.155 “Potentially hazardous cannabis products and ingredients” defined. 

1. “Potentially hazardous cannabis products and ingredients” means an edible item that is natural or synthetic and that requires temperature control because the item is in a form capable of supporting:

  1. (a) The rapid and progressive growth of infectious or toxigenic microorganisms;

  2. (b) The growth and toxin production of Clostridium botulinum; or

  3. (c) In raw shell eggs, the growth of Salmonella enteritidis.

2. The term includes, without limitation:

  1. (a) An animal item that is raw or heat-treated;

  2. (b) An item of plant origin that is heat-treated or consists of raw seed sprouts;

  3. (c) Cut melons and tomatoes;

  4. (d) Garlic-in-oil mixtures that are not modified in a way that results in mixtures which prohibit growth; and

  5. (e) Whipped and/or infused butter.

3. The term does not include:

  1. (a) An ingredient with a value of water activity of not more than 0.85;

  2. (b) An ingredient with a pH level of not more than 4.6 when measured at 75°+/- 4°F (24°+/- 2.2°C); or

  3. (c) An ingredient, in a hermetically sealed and unopened container, that is commercially processed to achieve and maintain commercial sterility under conditions of non refrigerated storage and distribution.

 

1.160 “Premises” defined. “Premises” means:

1. Any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent; or

2. Any conveyance, including, without limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motorhome or railroad car, whether located above ground or underground and whether inhabited or not.


1.163 “Private Residence” defined. “Private Residence” means any building, buildings, or part of a building owned or leased by a public or private entity which serves as a private, non-transient residential dwelling unit. Private residences include, but are not limited to, single family homes, town houses, duplexes, condominiums, mobile homes, and apartments. Private residences do not include hotels, weekly hotels, monthly hotels, motels, camps, campers, motor homes, and/or other vehicles and industrial and commercial facilities that do not also serve as residences.  Private residences also do not include universities, colleges, and/or schools, as well as their housing, residences, and/or dormitories.

1.165 “Production run” defined. “Production run” means:

1. For the extraction of concentrated cannabis by a cannabis establishment, the combination of one or more lots used to make the same product in one homogenous mixture produced using the same method which results in not more than 2.2 pounds (997.90 grams) of concentrated cannabis.

2. For the production of cannabis products by a cannabis production facility, one homogenous mixture produced using the same method, and which may include a combination of concentrated cannabis and other materials for the production of cannabis products.

 

1.170 “Production run number” defined. “Production run number” means a unique numeric or alphanumeric identifier assigned to a production run by a cannabis product facility which accounts for each batch or lot or any concentrated cannabis used in the production run.

 

1.175 “Proficiency testing” defined. “Proficiency testing” means the evaluation, relative to a given set of criteria, of the performance, under controlled conditions, of a cannabis independent testing laboratory in analyzing unknown samples provided by an external source.

 

1.180 “Proficiency testing program” defined. “Proficiency testing program” means the program established by the Board to evaluate the proficiency of a cannabis independent testing laboratory.

 

1.185 “Proficiency testing provider” defined. “Proficiency testing provider” means a person or organization operating a proficiency testing program which has been certified as meeting the requirements of standard ISO/IEC 17043 of the International Organization for Standardization. 

 

1.190 “Proficiency testing sample” defined. “Proficiency testing sample” means a sample, the composition of which is unknown to the cannabis independent testing laboratory, provided to a cannabis independent testing laboratory to test whether the cannabis independent testing laboratory can produce analytical results within certain criteria.

 

1.195 “Public transportation” defined. “Public transportation” means:

1. Buses;

2. Trains;

3. Subways; 

4. Other forms of transportation which charge a fare and are available to the public; and

5. Public transportation does not include a taxicab or rideshares such as Uber or Lyft.

1.197 “Ready-to-consume cannabis product” defined. “Ready-to-consume cannabis  product” means an adult-use edible cannabis product that is:  

1.  Prepared and/or infused on the premises of a cannabis consumption lounge;  

2.  Presented in the form of a foodstuff or beverage;   

3  Sold in a heated or unheated state; and  

4.  Intended for immediate consumption.

Ready-to-consume cannabis products include, but are not limited to, adult-use edible cannabis products that have been prewashed, precooked, or otherwise prepared for consumption and do not require additional cooking or preparation, including portioning. Each serving of a ready-to-consume cannabis product must be individually dosed not to exceed 25mg THC. Menu items offered must be submitted to the appropriate ITCC department for approval. Food items under the jurisdiction of the USDA are subject to inspection, seizure, and destruction by the USDA. Each ready-to-consume cannabis product must include the notice “THC may not be evenly distributed throughout this product.”

 

 

1.200 “Sample protocols” defined. “Sample protocols” means the procedures specified by the Board or Department that are required to be used to obtain samples of cannabis for quality assurance testing.

 

1.205 “Security equipment” defined. “Security equipment” means a system of video cameras, monitors, recorders, video printers, motion detectors, exterior lighting, electronic monitoring and other ancillary equipment used for surveillance of a cannabis establishment.

 

1.210 “Seed-to-sale tracking system” defined. “Seed-to-sale tracking system” means an electronic database which is used to monitor the current chain of custody of cannabis from the point of acquisition or planting to the end consumer, in real time,  and which is accessible by the Board, Department and by cannabis establishments.

 

1.215 “Separate operations” defined. “Separate operations” means any area in which a component cannabis establishment must maintain legal and operational separation from all other component cannabis establishments within a combined cannabis establishment.

 

1.220 “Single-serving edible cannabis product” defined. “Single-serving edible cannabis product” means an edible cannabis product that is offered for sale in a dispensary, to a consumer, and contains not more than 10 milligrams of THC. “Single-serving edible cannabis product” also means an edible cannabis product that is offered for sale in an onsite consumption location, to a consumer, and contains not more than 100 milligrams of THC. 

 

1.222 “Single-use  cannabis  product” defined.  “Single-use cannabis product” means a type of cannabis or adult-use cannabis product, other than a ready-to-consume cannabis product, that the Board determined appropriate for consumption in a cannabis consumption lounge.  

1. Single-use cannabis products include, but are not limited to, items that are designed for use in a single sitting. 

2.   Single use cannabis products may be provided in bulk to a cannabis consumption   lounge for later portioning prior to sale to consumers.  

3. All Single-use cannabis products must be prepared at a licensed cannabis establishment and may not exceed the allowable serving size. 

4.   All items must be sold as a single serving and labeled in accordance with TCCR

12.040 or 12.045.

5.   Edible cannabis products in liquid form must be homogenized prior to portioning and must be dispensed and sold to consumers utilizing a commercial weighing or dispensing device certified pursuant to the TCCR.

6.   Single-use cannabis products must not contain more than:

(a)  3.5 grams of usable cannabis.  

(1) If the single-use cannabis product contains more than 1 gram of usable cannabis, it must include a written warning: “Caution- This product is very potent and is not recommended for inexperienced users”. 

(b)  20 milligrams of THC for an edible, capsule, or tincture.

(c)  300 milligrams THC for inhalable extracted cannabis products. 

(1) All single-use cannabis products sold as an inhalable extracted cannabis product must include a warning, “Caution- This product is very potent and is not recommended for inexperienced users”.

(d)  400 milligrams of THC for a topical.

(e) 100 milligrams of THC for transdermal patches or other adult-use cannabis products not mentioned in this section.

If the single-use cannabis product contains more than 10 milligrams of THC, it must include a written warning: “Caution- This product is very potent and is not recommended for inexperienced users”.  


 

1.225 “Surveillance” defined. “Surveillance” means the capability to observe and record activities being conducted outside and inside a cannabis establishment.

 

1.230 “Taxpayer” defined. “Taxpayer” means cannabis establishments as required.

 

1.235 “Vending Machine” defined. “Vending Machine” is an automated machine that provides items to consumers.

 

1.240 “Cannabis” is interpreted to exclude industrial hemp. For the purpose of the Tribe’s Cannabis Ordinance, the Board and Department will interpret “cannabis” to exclude industrial hemp.

 

1.245 “Immature cannabis plant” and “mature cannabis plant” interpreted. For the purposes of the Tribe’s Cannabis Ordinance and these regulations:

1. “Immature cannabis plant” means a cannabis plant with no observable flowers or buds.

2. “Mature cannabis plant” means a cannabis plant which has flowers or buds that are   readily observable by an unaided visual examination.

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