Tribal Code

Marijuana cultivation, processing and sale

WARM SPRINGS TRIBAL CODE
CHAPTER 743
MARIJUANA CULTIVATION, PROCESSING, AND SALE

TABLE OF CONTENTS

1. GENERAL
743.1 Purposes and Limitations of this Chapter
1) Purposes
2) Limitations
3) Severability
743.2 Definitions

2. CANNABIS REGULATORY COMMISSION
743.200 Establishment of Warm Springs Cannabis Regulatory Commission
743.205 Selection of Cannabis Commissioners
1) Selection Committee
2) Disqualifications for Office
3) Qualifications Considerations
4) Emergency Appointment to Cannabis Commission
743.210 Terms of the Office
743.215 Removal from Office
743.220 Compensation for Serving as Cannabis Commissioners; Reimbursement of Expenses
743.225 Meetings
743.230 Quorum
743.235 Voting
743.240 Officers and Duties of Cannabis Commissioners
743.245 Reports
743.250 Powers and Duties of Cannabis Commission
743.255 Regulations Governing Licenses, Permits, and Marijuana Activity
743.257 Waiver of Requirements of Cannabis Commission Regulations
743.260 Cannabis Commission Staff
1) Eligibility to Receive a Permit
2) Executive Director of the Cannabis Commission
3) Additional Staff
4) Duties and Powers of the Executive Director
5) Review of Actions of the Executive Director
743.265 Funding
743.270 Cannabis Commission’s Relationship to Tribal Government; Supervision of Administration
1) Agency of Tribal Government
2) Independent Decision-Making Authority
743.275 No Civil or Criminal Liability Under Tribal Law
743.280 Limitation on Refusal to Perform Official Actions
743.285 Contracts

3. LICENSING
743.300 Authority of Licensees and Licensee Representatives to Engage in Marijuana Activities
743.305 License Application and Modification
743.310 License
1) Classes of Licensese
2) Perpetual Until Revoked or Suspended
3) Not Property
4) Licensed Premises
5) Limits on the Quantity of Marijuana Items
6) Sale of Marijuana Items
743.315 Required and Prohibited Conduct of a Licensee
1) Required Actions
2) Prohibited Actions
743.317 Provisional License
743.320 Cultivation and Processing License
1) Authorized Marijuana Activities
2) Possession of Necessary Equipment and Materials
3) Licensed Premises
4) Genetics
5) Tracking Cultivation and Processing
6) Canopy Size Limitations
743.325 Testing License
1) Authorized Marijuana Activities
2) Possession of Necessary Equipment and Materials
3) Licensed Premises
4) Tracking Testing
743.330 Wholesale License
1) Authorized Marijuana Activities
2) Possession of Necessary Equipment and Materials
3) Licensed Premises
4) Tracking Transfer
743.333 Research License
1) Application
2) Authorized Marijuana Activities
3) Possession of Necessary Equipment and Materials
4) Licensed Premises
5) Tracking Transfer
743.335 Sale or Transfer of Marijuana Items
1) Sale or Transfer to Another Licensee
2) No Sale or Transfer of Mature Plants
3) Transfer on Licensed Premises
4) Identification of Source and Destination of Marijuana Items
743.340 Licensee Employees

4. PERMITS
743.405 Permit Application
743.410 Provisional Permit
743.415 Permit
1) Requirement for Permit
2) Limitations on Possession, Transfer, and Disposal of Marijuana Items
3) Perpetual Until Revoked or Suspended
4) Not Property
743.420 Required and Prohibited Conduct of a Permittee
1) Required Actions
2) Prohibited Actions

5. ENFORCEMENT OF THIS CHAPTER AND TRIBAL MARIJUANA LAWS
743.505 Immediate Actions by the Executive Director
1) Routine Actions
2) Suspension and Revocation of a Permit
3) Actions to Protect Against an Immediate Risk of Harm or Injury
4) Suspension Due to Invasion, Disaster, Insurrection, Riot, or Imminent Danger
743.510 Grounds for Initiating an Enforcement Action
743.515 Procedure of an Enforcement Action
1) Initiating Report
2) Notice of Enforcement of Action
3) Response to Notice and Scheduling a Hearing
4) Imposition of Sanctions
743.520 Hearing of the Full Cannabis Commission
1) Due Process and Written Notice of Hearing
2) Evidence
3) Legal Standard for Commission Decisions
4) Issuance of Decision
743.525 Appeals of Cannabis Commission Decisions
1) Process for Appeals
2) Standard of Review
3) Rulings are Final
743.530 Law Enforcement

WARM SPRINGS TRIBAL CODE
CHAPTER 743
MARIJUANA CULTIVATION, PROCESSING, AND SALE

1. GENERAL

743.1 Purposes and Limitations of this Chapter

  1. Purposes. The purposes of this Chapter are to: a. allow, regulate, and operate an on-reservation, Tribally owned cultivation and extraction facility for marijuana and related products with retail sales allowed only off the Warm Springs Reservation of Oregon; b. protect the safety, welfare, health, and peace of the tribal membership of the Tribe; and c. assure compliance with federal policy as articulated in the Memorandum from James M. Cole, Deputy Attorney General, to All United States Attorneys, re Guidance Regarding Marijuana Enforcement (Aug. 29, 2013), and Memorandum from Monty Wilkinson, Executive Director of the Executive Office for United States Attorneys, to all United States Attorneys (et.al), re Policy Statement Regarding Marijuana Issues in Indian County, (October 28, 2014) (collectively, the “Cole and Wilkinson Memoranda”), by regulating the cultivation, processing, testing, distribution and sale of marijuana and related products in a manner that: i. prevents the distribution of marijuana to minors; ii. prevents revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels; iii. prevents the diversion of marijuana from jurisdictions where it is legal under local law in some form to other jurisdictions; iv. prevents tribally-authorized marijuana activity from being used as cover or pretext for the trafficking of other illegal drugs or illegal activity; v. prevents violence and the use of firearms in the cultivation and distribution of marijuana; vi. prevents drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; vii. prevents the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana cultivation on public lands; and viii. prevents marijuana possession or use on federal property.
  2. Limitations. This Chapter may not be construed: a. to amend or affect in any way any tribal, state, or federal law pertaining to employment matters; b. to amend or affect in any way any tribal, state, or federal law pertaining to landlord-tenant matters; c. to prohibit a recipient of a federal grant or an applicant for a federal grant from prohibiting the manufacture, delivery, possession, or use of marijuana to the extent necessary to satisfy federal requirements for the grant; d. to prohibit a party to a federal contract or a person applying to be a party to a federal contract from prohibiting the manufacture, delivery, possession, or use of marijuana to the extent necessary to comply with the terms and conditions of the contract or to satisfy federal requirements for the contract; e. to require a person to violate a federal law; f. to exempt a person from a federal law or obstruct the enforcement of a federal law; g. to permit any person to import any marijuana item into or export any marijuana item from the boundaries of the State of Oregon; or h. to permit any person to consume or use marijuana items on the Reservation.
  3. Severability. If any sections, subsections, paragraphs, phrases, or words of this Chapter are held to be unconstitutional, void, or illegal, this shall not affect the constitutionality, applicability, or legality of any other section, subsection, paragraph, phrase, or word of this Chapter. To that end, the sections, subsections, paragraphs, phrases, and words of this Chapter are intended to be severable. It is hereby declared to be the intent of this Chapter that this Chapter would have been adopted had the unconstitutional, void, or illegal sections, subsections, paragraphs, phrases, or words, if any, not been included in this Chapter.

743.2 Definitions

  1. “Applicant” means any person who applies to the Cannabis Commission for a license or permit as permitted in this Chapter.
  2. “Cannabinoid” means any of the chemical compounds that are the active constituents of marijuana.
  3. “Cannabinoid concentrate” means a substance obtained by separating cannabinoids from marijuana by: a. A mechanical extraction process; b. A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; c. A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or d. Any other process identified by the Cannabis Commission by rule.
  4. “Cannabinoid extract” means a substance obtained by separating cannabinoids from marijuana by: a. A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; b. A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or c. Any other process identified by the Cannabis Commission by rule.
  5. “Cannabinoid product” means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers, but does not include: a. Usable marijuana by itself; b. A cannabinoid concentrate by itself; c. A cannabinoid extract by itself; or d. Industrial hemp.
  6. “Cannabis Commission” means the Warm Springs Cannabis Regulatory Commission established in this Chapter.
  7. “Cannabis Commission regulations” means the regulations issued by the Cannabis Commission.
  8. “Court of Appeals” means the Warm Springs Court of Appeals.
  9. “Cultivate” or “cultivation” means the manufacture, propagation, planting, cultivation, growing, or harvesting of marijuana.
  10. “Executive Director” means the Executive Director of the Cannabis Commission and any member of the Executive Director’s staff, who shall have the duties or authorities of the Executive Director as the Executive Director shall delegate to that individual.
  11. “Immature marijuana plant” means a marijuana plant that is not flowering.
  12. “Individual” means a natural person.
  13. “License” means a license issued by the Cannabis Commission under this Chapter.
  14. “Licensee” means a wholly-owned tribal entity that holds a license issued under this Chapter.
  15. “Licensee representative” means an owner, director, officer, manager, employee, agent or other representative of a licensee, to the extent that the person acts in a representative capacity.
  16. “Marijuana” means the plant genus Cannabis family Cannabaceae, any part of the plant genus Cannabis family Cannabaceae and the seeds of the plant genus Cannabis family Cannabaceae.
  17. “Marijuana activity” means any activity related to the cultivation, processing, testing, packaging, repackaging, labeling, storage, transportation, delivery, transfer or sale of marijuana items.
  18. “Marijuana flowers” means the flowers of the plant genus Cannabis within the plant family Cannabaceae.
  19. “Marijuana items” means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts.
  20. “Marijuana leaves” means the leaves of the plant genus Cannabis within the plant family Cannabaceae.
  21. “Mature marijuana plant” means a marijuana plant that is not an immature marijuana plant.
  22. “Permit” means a permit issued by the Cannabis Commission under this Chapter.
  23. “Permittee” means an individual who holds a permit issued under this Chapter.
  24. “Person” means any individual, corporation, association, firm, partnership, limited liability company, or joint stock company.
  25. “Premises” or “licensed premises” includes the following areas of a location licensed under this Chapter: a. All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms; and b. All areas outside a building that the Cannabis Commission has specifically licensed for the cultivation, processing, or wholesale sale of marijuana items.
  26. “Process” or “processing” a. means the processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts; and b. does not include packaging or labeling.
  27. “Propagate” means to grow immature marijuana plants or to breed or cultivate the seeds and plants of the plant genus Cannabis family Cannabaceae, including without limitation by means of clones, plant cuttings, and tissue cultures.
  28. “Reservation” means the Warm Springs Reservation of Oregon.
  29. “Test” means conducting a laboratory analysis of marijuana items.
  30. “Transfer” means to convey from one person to another such that possession and control of any marijuana item changes.
  31. “Tribal Council” means the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon.
  32. “Tribe” means the Confederated Tribes of the Warm Springs Reservation of Oregon.
  33. “Usable marijuana” a. means the dried leaves and flowers of marijuana; and b. does not include: i. The seeds, stalks and roots of marijuana; or ii. Waste material that is a byproduct of cultivating or processing marijuana.

2. CANNABIS REGULATORY COMMISSION

743.200 Establishment of Warm Springs Cannabis Regulatory Commission. There is hereby established by the Tribe a commission to be known as the Warm Springs Cannabis Regulatory Commission (hereafter, the “Cannabis Commission”). The Cannabis Commission shall be comprised of up to three (3) individuals, who shall be designated as “Cannabis Commissioners.”

743.205 Selection of Cannabis Commissioners.

  1. Selection Committee. The Tribal Council shall by motion appoint a five-member Cannabis Commissioner Selection Committee (hereafter the “Selection Committee”) composed of two members of the Tribal Council, the Secretary-Treasurer of the Tribal Council and two members at large. Members at large of the Selection Committee may be either members or non-members of the Tribe. The Selection Committee shall establish procedures for notice of vacancies on the Cannabis Commission, recruitment of qualified applicants, interview, and selection processes. The Selection Committee shall submit their nominee(s) for any vacancy on the Cannabis Commission to the Tribal Council for confirmation and appointment by Tribal Council resolution.
  2. Disqualifications for Office. The following individuals may not serve as Cannabis Commissioners: a. Members of the Tribal Council; b. Members of the board of directors of any licensee or tribally-owned enterprise that engages in any marijuana activity; c. Employees of any licensee or tribally-owned enterprise that engages in any marijuana activity; or d. Individuals who would not be eligible to receive a permit under this Chapter.
  3. Qualification Considerations. In selecting applicants for any Cannabis Commissioner position, the Selection Committee must satisfy the following conditions: a. Each Cannabis Commissioner must have expertise and knowledge in two or more of the following fields: i. law enforcement; ii. federal drug policy; iii. food and drug regulation; iv. pharmaceutical, alcohol, or other controlled substance production, processing, and regulation; v. food cultivation and processing; vi. finance and banking; vii. drug and alcohol dependency and dependency treatment; and viii. medicine and medical treatment. b. At all times, at least one Cannabis Commissioner shall have expertise and knowledge in the fields of law enforcement or federal drug policy. c. At all times, at least one Cannabis Commissioner shall have expertise and knowledge in the field of drug and alcohol dependency and dependency treatment. d. At all times, at least one Cannabis Commissioner shall be a tribal member. e. At all times, at least one Cannabis Commissioner shall be a non-tribal member.
  4. Emergency Appointment to Cannabis Commission. If at any time the Cannabis Commission does not have at least two Cannabis Commissioners, the Secretary Treasurer may temporarily appoint an individual to serve as a Cannabis Commissioner until any vacancy on the Cannabis Commission is filled as provided in Section 743.205(1) above. Any emergency appointment of a Cannabis Commissioner by the Secretary Treasurer shall be subject confirmation by Tribal Council resolution.

743.210 Terms of the Office. Each Cannabis Commissioner shall serve for a three-year term. The respective term for each Cannabis Commissioner shall be designated in their appointment. Cannabis Commissioners shall serve until a successor is appointed and may serve for multiple terms.

743.215 Removal from Office.

  1. Cannabis Commissioners may only be removed from office before the expiration of their term of office by the Tribal Council for neglect of duty, malfeasance, misfeasance, nonfeasance, or other good cause shown, in the manner by which members of the Tribal Council may be impeached as provided in the Constitution and By-Laws of the Confederated Tribes of Warm Springs Reservation of Oregon.
  2. When the Tribal Council determines that a Cannabis Commissioner should be removed from office before expiration of that Cannabis Commissioner’s term of office, the Tribal Council shall provide written notice to the Cannabis Commissioner, which written notice shall set the date on which the Tribal Council shall hold a due process hearing regarding removal of the Cannabis Commissioner from office. The hearing shall be held no sooner than 30 days after the date of the written notice and no later than 60 days after the date of the written notice.
  3. If the Tribal Council determines that emergency circumstances require the immediate suspension of any Cannabis Commissioner from serving on the Cannabis Commission, the Tribal Council may immediately suspend the Cannabis Commissioner. On suspending the Cannabis Commissioner, Tribal Council shall provide written notice to the Cannabis Commissioner, which written notice shall set the date on which the Tribal Council shall hold a due process hearing regarding suspension of the Cannabis Commissioner from office. The hearing shall be held no later than 30 days after the date of the written notice. Emergency circumstances that justify immediate suspension of a Cannabis Commissioner include: a. the Cannabis Commissioner’s incapacity; b. a change in circumstances rendering the Cannabis Commissioner unable to qualify to hold a permit; c. a felony arrest of the Cannabis Commissioner; and d. Tribal Council having probable cause to believe that the Cannabis Commissioner has committed any tribal or federal drug offense.
  4. At the hearing on removal of a Cannabis Commissioner from office before expiration of that Cannabis Commissioner’s term of office, the Cannabis Commissioner shall have the opportunity to present evidence to the Tribal Council in the Cannabis Commissioner’s defense.

743.220 Compensation for Serving as Cannabis Commissioners; Reimbursement of Expenses. Cannabis Commissioners shall be compensated for serving on the Cannabis Commission at the rate set by the Tribal Council and for reasonable and necessary expenses (such as mileage) incurred at the government rate in connection with the performance of their official Cannabis Commission roles and duties.

743.225 Meetings. The Cannabis Commissioners shall meet as frequently as necessary to discharge their duties, but in no case less frequently than once a quarter at a time and date to be determined by the Cannabis Commissioners. A Cannabis Commissioner may call a special meeting when necessary. Notice of special meetings shall be given in writing to each Cannabis Commissioner, served by first class mail for delivery at least five (5) business days prior to any special meeting. Any or all of the Cannabis Commissioners may participate in any meeting by, or conduct the meeting through, use of any means of communication by which all individuals participating may simultaneously hear each other during the meeting.

743.230 Quorum. Two (2) Cannabis Commissioners shall constitute a quorum of the Cannabis Commission.

743.235 Voting. All actions of the Cannabis Commission shall be taken by an affirmative vote of at least two Cannabis Commissioners.

743.240 Officers and Duties of Cannabis Commissioners. The Tribal Council shall designate from among the Cannabis Commissioners of the Cannabis Commission a Chair, Vice- Chair, and Secretary of the Cannabis Commission. The Chair shall preside over meetings of the Cannabis Commission and the Vice-Chair shall preside in absence of the Chair. The Secretary shall record in writing the minutes of all Cannabis meetings and all official actions taken by the Cannabis Commission.

743.245 Reports. On or before the last day of the third month after the close of the Tribe’s fiscal year of each year, the Cannabis Commission shall provide to the Tribal Council an Annual Report, summarizing its activities during the prior fiscal year and accounting for all receipts and disbursements. This annual report shall identify, without limitation, all licenses and permits that the Cannabis Commission issued, suspended, or revoked; all license and permit applications that the Cannabis Commission denied; all fees that the Cannabis Commission collected; all enforcement actions that the Executive Director or the Cannabis Commission commenced; all sanctions that the Cannabis Commission imposed; and all dates on which any Cannabis Commission staff engaged in investigation of a licensee or permittee and the nature of the investigation. The Cannabis Commission may provide the Tribal Council with additional reports on a more frequent basis as the Cannabis Commission concludes is necessary and appropriate.

743.250 Powers and Duties of Cannabis Commission. The Cannabis Commission shall have the powers and duties specified in this Chapter and also the powers necessary to enable it to carry out fully and effectually all of the purposes of this Chapter. The jurisdiction of the Cannabis Commission extends to any person who cultivates, processes, transports, delivers, transfers or sells marijuana items on the Reservation. Without limitation, the powers and duties of the Cannabis Commission include:

  1. To adopt regulations as are necessary for carrying out the intent and provisions of this Chapter and to amend or repeal those regulations.
  2. To hire the Executive Director;
  3. To delegate powers and duties to and review and oversee the activities of the Executive Director and the Cannabis Commission’s staff;
  4. To grant, refuse, suspend or revoke licenses for the cultivation, processing, testing, transfer or sale of marijuana items, or any other licenses relating to marijuana items or any marijuana activity;
  5. To grant, refuse, suspend or revoke permits;
  6. To conduct or cause to be conducted any investigations that the Cannabis Commission determines to be necessary and appropriate to confirm compliance with Chapter, which includes the powers and duties to: a. Direct the Executive Director to investigate activities of licensees, permittees, and any other person engaged in any marijuana activity; b. Hold hearings, sit and act at times and places, summon persons on the Reservation to attend and testify at hearings, take testimony, and receive evidence as required by this Chapter and as the Cannabis Commissioners deem relevant in fulfilling its duties; and c. Issue subpoenas; compel attendance of witnesses; administer oaths of affirmations to witnesses appearing before the Cannabis Commission; demand access to and inspect, examine, photocopy and audit all papers, books and records of licensees; and demand access to and inspect the premises of any licensee;
  7. To purchase, possess, seize or dispose of marijuana items as necessary for the Cannabis Commission to investigate marijuana activities and ensure compliance with and enforce the provisions of this Chapter and any Cannabis Commission regulations;
  8. To investigate and aid in prosecution of any suspicion of wrongdoing relating to marijuana activities and any suspected violation of this Chapter and any other Tribal Code provision relating to marijuana items, cooperate with law enforcement and regulators, and cooperate in prosecution of offenders before any court of competent jurisdiction;
  9. To establish and collect fees relating to licenses, permits, marijuana activities, and regulation of marijuana items and marijuana activities;
  10. To enforce the requirements of this Chapter and any Cannabis Commission regulations;
  11. To exercise all powers incidental, convenient or necessary to enable it to administer or carry out any of the provisions of this Chapter; and
  12. To carry out any other regulatory duties with respect to marijuana and marijuana activities as the Tribal Council shall direct.

743.255 Regulations Governing Licenses, Permits, and Marijuana Activity. No later than August 1, 2016, the Cannabis Commission shall adopt regulations to implement the intent and purpose of this Chapter, which regulations shall have the full force and effect of law. The Cannabis Commission shall consult with United States Department of Justice regarding proposed regulations or proposed amendments to regulations that the Cannabis Commission has adopted. Regulations that the Cannabis Commission shall adopt include, without limitation, regulations with respect to the following topics:

  1. The forms necessary for a person to apply for and receive a license or permit;
  2. The fee schedule for any license or permit application fee, any annual license or permit fee, and any other fee that the Cannabis Commission concludes is reasonably necessary and appropriate to fund its activities;
  3. The process by which each fee shall be paid to the Cannabis Commission;
  4. The parameters of the cannabis tracking system that will be used to track all marijuana items cultivated pursuant to this Chapter and that is consistent with the Cannabis Tracking System adopted by the Oregon Liquor Control Commission and that is capable of tracking the following: a. The propagation of immature marijuana plants and the cultivation of marijuana; b. The processing of marijuana items; c. The receiving, storing and delivery of marijuana items; d. The transfer and sale of marijuana items between licensees and any other person to whom a licensee is permitted to transfer or sell marijuana pursuant to Section 743.335; e. The transfer of marijuana items between licensed premises; and f. Any other information that the Cannabis Commission determines is reasonably necessary to accomplish its duties, functions and powers;
  5. The sanitation standards, public health and safety standards, and industry best practices that must be satisfied with respect to any marijuana activity;
  6. The standards that must be satisfied to prove that a licensee received its seeds or immature marijuana plants from a source within the boundaries of the State of Oregon;
  7. The standards for testing any marijuana items cultivated or processed pursuant to this Chapter, including standards for determining the cannabinoid content of and presence of pesticides or solvents in any marijuana item;
  8. Any limitations on the chemical content of a marijuana item that would prevent a licensee from transferring that marijuana item to any other person;
  9. The standards for waste management with which each licensee must comply;
  10. The minimum security controls for licensed premises, including without limitation: a. Controls or limits on the manner by which guests may access premises where marijuana activities are conducted; b. Minimum requirements for locks, encryptions, alarms, and video surveillance; and c. Signage denying access to licensed premises to any individual under the age of 21 or who does not possess a valid permit;
  11. The siting restrictions that limit where marijuana activities may be conducted, including without limitation: a. Restrictions that prevent a licensed premises from being located within 1,000 feet of a school or other educational institution; and b. Restrictions that prevent a licensed premises from being located in a residential neighborhood;
  12. The schedule of maximum penalties and fines that may be imposed for violations of this Chapter and Cannabis Commission regulations;
  13. The minimum training requirements for each class of permit, including any training requirements that must be satisfied before an applicant may receive a permit and any training requirements that must be periodically satisfied by an individual to retain that individual’s permit; and
  14. The minimum standards for labeling and packaging marijuana items to ensure that they may be properly tracked according to the Cannabis Commission’s cannabis tracking system and that the contents of each package are secure and easily identifiable with respect to their nature, composition, quantity, age and quality.

743.257 Waiver of Requirements of Cannabis Commission Regulations.
A licensee or permittee may, in writing, request that the Cannabis Commission waive one or more of the requirements of the Cannabis Commission regulations to the extent that the licensee or permittee is required to comply with rules or regulations of another jurisdiction that are more burdensome or inconsistent than the Cannabis Commission regulations. The Cannabis Commission may grant the waiver only if it concludes that the intent and purpose of the Cannabis Commission regulations are satisfied by compliance with the rules or regulations of the other jurisdiction and that the other jurisdiction has implemented a robust system of enforcement of its rules and regulations.

743.260 Cannabis Commission Staff

  1. Eligibility to Receive a Permit. No individual may be hired as an employee of the Cannabis Commission’s staff unless that individual is eligible to receive a permit under this Chapter and Cannabis Commission regulations.
  2. Executive Director of the Cannabis Commission. The Cannabis Commission shall hire an Executive Director, who shall be responsible for carrying out the day-to-day regulatory functions of the Cannabis Commission to ensure compliance with this Chapter and the Cannabis Commission regulations by licensees, permittees, or any other person engaging in activities that are authorized or prohibited by this Chapter. The Executive Director may not be a Cannabis Commissioner and must have experience and knowledge in the fields of regulation or enforcement of law. The Executive Director shall be a full- time employee of the Cannabis Commission who is compensated at a rate established by the Cannabis Commission.
  3. Additional Staff. The Executive Director may hire additional staff as necessary to carry outs the responsibilities of the Cannabis Commission. Any additional staff hired by the Executive Director shall have the ability to exercise the powers of the Executive Director that the Executive Director delegates to that individual.
  4. Duties and Powers of the Executive Director. The duties and powers of the Executive Director shall include: a. Reviewing each application for a license or permit to determine whether to grant or deny that application; b. Actively monitoring the activities of each licensee and permittee, including by: i. Conducting background investigations of any license or permit applicant, licensee, or permittee; ii. Inspecting, examining, photocopying, and auditing all papers, books and records relating to marijuana activities; iii. Inspecting licensed premises to confirm compliance with all provisions of this Chapter and the Cannabis Commission regulations; iv. Collecting and analyzing data relating to sanitation, hazards, testing of marijuana items, and any other information that the Cannabis Commission concludes should be collected, tracked, and analyzed; v. Collecting and analyzing information received from licensees, including harvest information, testing results, financial information, and any other information that the Cannabis Commission concludes should be collected, tracked, and analyzed; vi. Auditing all information submitted by licensees to the Cannabis Commission’s cannabis tracking system; and vii. Requesting that the Cannabis Commission hold a hearing, compel testimony, or compel the production of documents or other records to the extent that the Executive Director reasonably concludes that such action is necessary to fully investigate any marijuana activity and confirm compliance with this Chapter and Cannabis Commission regulations; c. Suspending licenses and permits and imposing fines on licensees and permittees as permitted by this Chapter; d. Initiating an enforcement action against any licensee or permittee as permitted by this Chapter; e. Taking any of the following actions if the Executive Director concludes, based on specific and articulable facts, that there is reasonable suspicion that a violation of any Tribal Code or federal law has occurred or is occurring, or that there is an immediate risk of harm or injury to any person: i. Contacting or making a report to law enforcement; ii. Temporarily barring any licensee or permittee from accessing premises to which a license is appurtenant; and iii. Temporarily suspending a license or permit; f. Responding to any appeal of and defending any Cannabis Commission decision to impose a sanction on a licensee or permittee; g. Work collaboratively with regulators and law enforcement to investigate and prosecute violations of any law related to marijuana activities and achieve the intent and purpose of this Chapter; and h. Taking any action authorized by Cannabis Commission regulation or order.
  5. Review of Actions of the Executive Director. a. The Cannabis Commission shall require the Executive Director to provide the Cannabis Commission with periodic reports identifying all license and permit applications that the Executive Director has granted or denied, all fines that the Executive Director has imposed, all licenses and permits that the Executive Director has suspended or revoked, and any other information regarding the activities of the Executive Director that the Cannabis Commission directs the Executive Director to provide. The frequency with which the Executive Director must provide the Cannabis Commission with the periodic reports shall be as directed by the Cannabis Commission. b. The Cannabis Commission may review any action taken by the Executive Director if a majority of the Cannabis Commissioners concludes that conducting that review is necessary and appropriate. A decision of the Executive Director may be reversed by a majority decision of the Cannabis Commission.

743.265 Funding. All funding of the Cannabis Commission shall be pursuant to a budget to be proposed to the Tribal Council and approved, funded, and modified, if necessary, in accordance with the Tribe’s procedures for approving and funding budgets for other departments and agencies of the tribal government. In preparing the budget, all actual and anticipated surplus funds of the Cannabis Commission shall be taken into account. Expenditures by the Cannabis Commission shall be in accordance with the approved budget. Changes in the approved budget and requests for additional funds shall be by petition to the Tribal Council, in accordance with such procedures, if any, for other tribal government departments and agencies.

743.270 Cannabis Commission’s Relationship to Tribal Government; Supervision of Administration.

  1. Agency of Tribal Government. The Cannabis Commission shall be deemed to be an agency of the tribal government but shall operate pursuant to its own personnel and administrative policies.
  2. Independent Decision-Making Authority. Notwithstanding the fact that the Cannabis Commission is an agency of tribal government, the decisions of the Cannabis Commission regarding licensing, enforcement actions, compliance with applicable law and all other regulatory matters relating to this Chapter shall be within the exclusive province of the Cannabis Commission; provided, however, in the event of appeals of Cannabis Commission decisions to the Court of Appeals pursuant to Section 743.525, the rulings of the Court of Appeals shall be final.

743.275 No Civil or Criminal Liability under Tribal Law. No Cannabis Commissioner, Executive Director, and any other person acting under authority granted pursuant to this Chapter shall be subject to civil or criminal liability under the Tribe’s law for any official actions taken by that person in the course of administering this Chapter or any Cannabis Commission regulation.

743.280 Limitation on Refusal to Perform Official Actions. To the extent not inconsistent with the Cole and Wilkinson Memoranda, no Cannabis Commissioner or any of the Cannabis Commission’s staff may:

  1. refuse to perform a duty imposed by this Chapter on the basis that marijuana activities are prohibited by federal law; or
  2. revoke or refuse to issue any license or permit on the basis that marijuana activities are prohibited by federal law.

743.285 Contracts. To the extent not inconsistent with the Cole and Wilkinson Memoranda, no contract shall be unenforceable on the basis that marijuana activities are prohibited by federal law.

3. LICENSING

743.300 Authority of Licensees and Licensee Representatives to Engage in Marijuana Activities.

  1. No person may possess a marijuana item or engage in any marijuana activity unless that person is authorized to do so pursuant to a valid license.
  2. Possession of marijuana items and engaging in marijuana activities by a licensee or a licensee representative pursuant to a valid license and in compliance with this Chapter shall not constitute a criminal or civil offense under the Tribe’s law.

743.305 License Application and Modification.

  1. On or before July 1, 2016, the Cannabis Commission shall begin receiving applications for the licensing of persons to engage in marijuana activities.
  2. The license application must be submitted to the Cannabis Commission on a form to be prepared by the Cannabis Commission along with any fee required by the Cannabis Commission for that application. In the license application, the applicant shall provide the Cannabis Commission: a. Proof that the applicant is a wholly-owned tribal entity; b. Identification of the premises to be licensed, including a general site plan for the premises, which does not need to be to scale, and documentation that the premises satisfy any requirements imposed by this Chapter and the Cannabis Commission regulations; c. An operations plan for the applicant’s proposed marijuana activities that demonstrates compliance with this Chapter and the Cannabis Commission regulations; d. A report describing the applicant’s electrical and water usage for the preceding year, if any; and e. Any other information that the Cannabis Commission may require.
  3. Any licensee may request to modify the terms of the licensee’s license by submitting to the Cannabis Commission an application to modify license on a form to be prepared by the Cannabis Commission, along with any fee required by the Cannabis Commission for the modification application. The application shall clearly identify any changes to the licensee’s marijuana activities or the parameters of the licensee’s license that the licensee is seeking, as well as any other information that Cannabis Commission concludes is relevant.
  4. The Executive Director shall be responsible for reviewing each license and modification application and deciding whether to grant or deny the application. The Executive Director may deny an application if the applicant fails to submit the application on the form prepared by the Cannabis Commission or fails to include with the application documentation sufficient to satisfy any of the requirements of subsection 2) or 3) above, as applicable.
  5. On receipt of a license or modification application, the Executive Director shall not unreasonably delay in approving or rejecting the application, nor unreasonably delay in issuing the license if the application is granted.
  6. With the exception of the decision to deny an application that is not submitted on the form to be prepared by the Cannabis Commission, a decision of the Executive Director to deny an application may be appealed to the full Cannabis Commission as provided in Section 743.505. If the reason for the denial is because the application was not submitted on the form to be prepared by the Cannabis Commission, then the applicant’s only recourse will be to resubmit the application on the proper form.

743.310 License

  1. Classes of Licenses. There are four classes of licenses: cultivation and processing, testing, wholesale, and research. A single licensee may be issued one or more licenses.
  2. Perpetual Until Revoked or Suspended. A license shall remain in effect unless and until it is suspended or revoked pursuant to this Chapter.
  3. Not Property. A license may not be transferred from the licensee to any other person. A license is not property and, as a result, is not subject to execution or attachment.
  4. Licensed Premises. A license shall be appurtenant to specific premises and may only be transferred from the premises to which it is appurtenant to another premises if that transfer is approved by the Cannabis Commission. No individual who is under the age of 21 or who does not possess a valid permit may be permitted by a licensee to access licensed premises unless that individual is accessing the premises under the authority of an authorized law enforcement or regulatory agency.
  5. Limits on the Quantity of Marijuana Items. A license granted by the Cannabis Commission may limit the quantity of marijuana items that a licensee may cultivate or possess over a given period of time based on the Cannabis Commission’s assessment of: a. the licensee’s capacity to comply with this Chapter and the Cannabis Commission regulations; b. any evidence of legal market output; c. consideration of the licensee’s alignment of its business plan with the demand for marijuana items by the persons to whom the licensee may transfer marijuana items pursuant to this Chapter; and d. any other criteria that the Cannabis Commission concludes is relevant.
  6. Sale of Marijuana Items. A licensee may only sell or transfer marijuana items as provided in Section 743.335 below. Any other sale or transfer of a marijuana item is strictly prohibited.

743.315 Required and Prohibited Conduct of a Licensee

  1. Required Actions. Each licensee shall: a. Comply with all requirements of this Chapter and the Cannabis Commission regulations; b. Reasonably cooperate with the Cannabis Commission in performing its duties, including by permitting Cannabis Commission staff to access licensed premises and the licensee’s papers, books and records; c. Pay to the Cannabis Commission any fees required by this Chapter or the Cannabis Commission regulations; d. Maintain proof of valid insurance, if available, with the Cannabis Commission; e. Satisfy any requirements imposed by the licensee’s license; f. Adequately and accurately track all marijuana items that the licensee receives, cultivates, processes, tests, packages, repackages, labels, stores, transports, transfers and sells to ensure that, for each marijuana item that the licensee transfers, that marijuana item can be tracked back to its origination and the testing requirements of this Chapter and the Cannabis Commission regulations may be verified with respect to that marijuana item; g. Maintain any licensed premises in healthy, safe, sanitary, and secure conditions that satisfy the requirements of this Chapter and the Cannabis Commission regulations; h. Maintain adequate security protocols to prevent the theft or other loss of marijuana items in the licensee’s possession, including by satisfying any minimum security protocols established by the Cannabis Commission; i. Submit monthly reports to the Cannabis Commission that contain any information that the Cannabis Commission may require, including all information that the licensee is required to track pursuant to the Cannabis Commission’s cannabis tracking system; j. Submit an annual report to the Cannabis Commission that contains any information the Cannabis Commission may require, including without limitation the licensee’s electrical and water usage for the preceding year; and k. Maintain records that clearly reflect all financial transactions of the licensee, including the following records, which must be maintained for a three-year period and be available for inspection by the Cannabis Commission: i. Purchase invoices and supporting documents for items and services purchased for use in any marijuana activity, which invoices and supporting documents must, at a minimum, identify from whom the items and services were purchased and the date of purchase; ii. Bank statements for any of the licensee’s accounts; iii. Accounting and tax records for the licensee; and iv. All employee records, including documentation of training.
  2. Prohibited Actions. No licensee may: a. Make false representations or statements to the Cannabis Commission; b. Maintain a noisy, lewd, disorderly, or insanitary establishment or supply impure or otherwise deleterious marijuana items to any person; c. Permit any individual who is under the age of 21 or who does not possess a valid permit to access licensed premises unless that individual is accessing the premises under the authority of an authorized law enforcement or regulatory agency; d. Sell or transfer marijuana items except as permitted by Section 743.335 below; or e. Misrepresent to any person the condition, quality, or content of any marijuana item in the possession of or transferred by the licensee.

743.317 Provisional License

  1. Notwithstanding any the other requirements of this Chapter, the Cannabis Commission may issue to the Warm Springs CP Enterprise a provisional license.
  2. The provisional license may authorize the licensee to purchase, possess, transport, and store immature marijuana plants and seeds. The provisional license may not authorize the licensee to possess any mature marijuana plants, process any marijuana items, or sell or transfer any marijuana items to any person unless that person has been issued a license pursuant to this Chapter.

743.320 Cultivation and Processing License

  1. Authorized Marijuana Activities. A licensee who is issued a cultivation and processing license may possess, cultivate, process, package, repackage, label, store, transport, transfer and sell marijuana items as authorized by this Chapter.
  2. Possession of Necessary Equipment and Materials. A licensee who is issued a cultivation and processing license may possess equipment, products and materials for use or designed for use in the marijuana activities authorized by the cultivation and processing license.
  3. Licensed Premises. A licensee who is engaged in cultivating and processing marijuana items must have a cultivation and processing license for the premises at which the licensee cultivates and processes marijuana items.
  4. Genetics. Before any cultivation and processing licensee may engage in marijuana activity with respect to any marijuana item, the genetics of that marijuana item must be confirmed to have originated from within the boundaries of the state of Oregon
  5. Tracking Cultivation and Processing. A licensee who is engaged in cultivating and processing marijuana items must track, retain for not less than 3 years, and enter into the Cannabis Commission’s cannabis tracking system records of any information required by the Cannabis Commission regulations, including without limitation: a. Identification of each marijuana item that the licensee receives; b. All quantities of marijuana flowers and marijuana leaves harvested by the licensee; c. All immature marijuana plants propagated; d. All dates of cultivation and harvest e. Identification of all marijuana items that are destroyed in processing; and f. Identification of to whom the licensee transferred each marijuana item that the licensee transferred.
  6. Canopy Size Limitations. The surface area that a cultivation and processing licensee uses to produce mature marijuana plants may be limited by Cannabis Commission regulations or the cultivation and processing license issued to the licensee.

743.325 Testing License

  1. Authorized Marijuana Activities. A licensee who is issued a testing license may possess, test, package, repackage, label, store, transport, transfer and sell marijuana items as authorized by this Chapter.
  2. Possession of Necessary Equipment and Materials. A licensee who is issued a testing license may possess equipment, products and materials for use or designed for use in the marijuana activities authorized by the testing license.
  3. Licensed Premises. A licensee who is engaged in testing marijuana items must have a testing license for the premises at which the licensee tests marijuana items.
  4. Tracking Testing. A licensee who is engaged in testing marijuana items must track, retain for not less than 3 years, and enter into the Cannabis Commission’s cannabis tracking system any information required by the Cannabis Commission regulations, including without limitation: a. Identification of each marijuana item that the licensee receives; b. All tests performed and test results; c. Identification of all marijuana items that are destroyed in the testing process; and d. Identification of to whom the licensee transferred each marijuana item that the licensee transferred.

743.330 Wholesale License

  1. Authorized Marijuana Activities. A licensee who is issued a wholesale license may possess, package, repackage, label, store, transport, transfer and sell marijuana items as authorized by this Chapter.
  2. Possession of Necessary Equipment and Materials. A licensee who is issued a wholesale license may possess equipment, products and materials for use or designed for use in the marijuana activities authorized by the wholesale license.
  3. Licensed Premises. A licensee who is engaged in the wholesale of marijuana items must have a wholesale license for the premises at which marijuana items are received, kept, stored, or transferred.
  4. Tracking Transfer. A licensee who is engaged in the wholesale of marijuana items must track, retain for not less than 3 years, and enter into the Cannabis Commission’s cannabis tracking system any information required by the Cannabis Commission regulations, including without limitation: a. Identification of each marijuana item that the licensee receives; and b. Identification of to whom the licensee transferred each marijuana item that the licensee transferred.

743.333 Research License

  1. Application. a. In applying for a research license, the applicant must provide the Cannabis Commission with: i. A clear description of the research proposal; ii. A description of the researchers’ expertise in the scientific substance and methods of the proposed research; iii. An explanation of the scientific merit of the research plan, including a clear statement of the overall benefit of the applicant’s proposed research to the Tribe’s and the State of Oregon’s cannabis industry, medical research, or to public health and safety; iv. Descriptions of key personnel, including clinicians, scientists, or epidemiologists and support personnel who would be involved in the research, demonstrating they are adequately trained to conduct this research; and v. A description of the research methods demonstrating an unbiased approach to the proposed research; and b. The Cannabis Commission may deny the research license application if the Cannabis Commission has reasonable ground to conclude that the applicant’s proposed research will not provide an overall benefit to the Tribe’s and the State of Oregon’s cannabis industry, medical research, or to public health and safety.
  2. Authorized Marijuana Activities. A licensee who is issued a research license may possess, cultivate, process, package, repackage, label, store, test, or transport marijuana items as authorized by this Chapter. A licensee who is issued a research license may not transfer marijuana items except for purposes of disposing of the marijuana items.
  3. Possession of Necessary Equipment and Materials. A licensee who is issued a research license may possess equipment, products and materials for use or designed for use in the marijuana activities authorized by the research license.
  4. Licensed Premises. A licensee who is engaged in research of marijuana items must have a research license for the premises at which marijuana items are received, kept, stored, or transferred.
  5. Tracking Transfer. A licensee who is engaged in research of marijuana items must track, retain for not less than 3 years, and enter into the Cannabis Commission’s cannabis tracking system any information required by the Cannabis Commission regulations, including without limitation: c. Identification of each marijuana item that the licensee receives; and d. Identification of to whom the licensee transferred each marijuana item that the licensee transferred.

743.335 Sale or Transfer of Marijuana Items

  1. Sale or Transfer to Another Licensee. A licensee may only sell or transfer marijuana items to another person if that person holds a valid license issued pursuant to this Chapter or section 19, 20, 21 or 22, chapter 1, Oregon Laws 2015. If the Cannabis Commission concludes that another tribe has enacted a robust system of laws relating to marijuana items such that the Cannabis Commission is satisfied that the other tribe’s possession and transfer of marijuana items will not violate federal policy as identified in the Cole and Wilkinson Memoranda, the Cannabis Commission may authorize a licensee to transfer or sell marijuana items to that tribe or a person licensed by that tribe; provided, however, that the Cannabis Commission may not authorize a transfer or sale to another tribe or person licensed by that tribe unless it concludes that the transfer or sale will not violate the policy identified in the Cole and Wilkinson Memoranda.
  2. No Sale or Transfer of Mature Plants. No licensee may sell or transfer mature marijuana plants.
  3. Transfer on Licensed Premises. A licensee may only transfer marijuana items to another person on premises that are licensed by the Tribe or the State of Oregon.
  4. Identification of Source and Destination of Marijuana Items. Any person who transfers marijuana items from one licensed premises to another licensed premises must possess adequate documentation that identifies the source of each marijuana item and the premises to which each marijuana item is transferred. Any vehicle that is currently transporting a marijuana item must possess a manifest that identifies the source and destination for each marijuana item that is being transported.

743.340 Licensee Employees. A licensee may only employ individuals who have a valid permit or provisional permit issued pursuant to this Chapter.

4. PERMITS

743.405 Permit Application.

  1. On or before July 1, 2016, the Cannabis Commission shall begin receiving applications for permits for individuals.
  2. The Cannabis Commission may create one or more classes of permits and establish parameters for the types of activities in which each class of permittees may engage. The Cannabis Commission may establish different fees and training requirements for each class of permit.
  3. The permit application must be submitted to the Cannabis Commission on a form to be prepared by the Cannabis Commission along with any fee required by the Cannabis Commission for the application. In the permit application, the applicant shall provide the Cannabis Commission: a. Proof of the applicant’s identity; b. Proof that the applicant is 21 years of age or older; c. An authorization for the Executive Director to conduct a background check of the applicant, in addition to any information or documentation that the Cannabis Commission concludes is necessary to be able to perform the background check, including, without limitation, the applicant’s: i. Full name, other names used (oral or written), social security number(s), birth date, place of birth, citizenship, and gender; ii. Currently and for the previous five years: Business and employment positions held, ownership interests in those businesses, business and residence addresses, and driver’s license numbers; iii. Current business and residence telephone numbers; iv. A description of any existing and previous business relationships relating to marijuana items or controlled substances, including ownership interests in those businesses; v. The name and address of any licensing or regulatory agency with which the person has filed an application for a license or permit related to marijuana items, whether or not such license or permit was granted; vi. For each felony for which there is an ongoing prosecution or a conviction, the charge, the name and address of the court involved, and the date and disposition if any; and vii. For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic violations), within 10 years of the date of the application, the name and address of the court involved and the date and disposition; d. Documentation that establishes that the applicant has completed any course of training required by the Cannabis Commission; and e. Any other information that the Cannabis Commission may require.
  4. An applicant’s failure to submit the application on the form prepared by the Cannabis Commission or to provide the Cannabis Commission with documentation sufficient to satisfy any of the foregoing requirements is grounds for denial of the application. A permit may also be denied if, based on the information that the Executive Director obtains from the applicant’s application or background check, the Executive Director has reasonable ground to conclude that the applicant: a. Is in the habit of using alcoholic beverages, habit-forming drugs, marijuana, or controlled substances to excess; b. Has made false statements to the Cannabis Commission; c. Has been convicted of violating a general or local law of the Tribe or any state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the permit; d. Is not of good repute and moral character; e. Does not have a good record of compliance with this Chapter or the Cannabis Commission regulations; or f. Is unable to understand the laws of the Tribe relating to marijuana or the Cannabis Commission regulations.
  5. Notwithstanding Section 743.405.4)c, in determining whether to deny a permit to an applicant, the Executive Director may not consider the prior conviction of the applicant for: a. The manufacture of marijuana, if: i. The date of the conviction is two or more years before the date of the application; ii. The applicant has not been convicted more than once for the manufacture or delivery of marijuana; and iii. The applicant has not been convicted of a federal felony drug offense; b. The delivery of marijuana to an individual 21 years of age or older, if: i. The date of the conviction is two or more years before the date of the application; ii. The individual has not been convicted more than once for the manufacture or delivery of marijuana; and iii. The applicant has not been convicted of a federal felony drug offense; or c. The possession of marijuana.
  6. The Executive Director shall be responsible for reviewing each permit application and deciding whether to grant or deny the application. On receipt of a permit application, the Executive Director shall not unreasonably delay in approving or rejecting the application, nor unreasonably delay in issuing the permit if the application is granted.
  7. With the exception of the decision to deny an application that is not submitted on the form to be prepared by the Cannabis Commission, a decision of the Executive Director to deny an application may be appealed to the full Cannabis Commission as provided in Section 743.505. If the reason for the denial is because the application was not submitted on the form to be prepared by the Cannabis Commission, then the applicant’s only recourse will be to resubmit the application on the proper form.

743.410 Provisional Permit.

  1. If an the applicant has not successfully completed the training that is required for the class of permit for which the applicant has applied but the Executive Director is otherwise satisfied that the applicant has satisfied all of the other requirements for approval of the permit application, then the Executive Director shall grant the applicant a provisional permit.
  2. The provisional permit shall be effective for a period of time that the Executive Director concludes is reasonable to enable the provisional permittee to satisfy the required training, which may be no longer than three months.
  3. If the Executive Director grants a provisional permit, then the provisional permittee may be employed by a licensee but may not engage in the activities authorized by the class of permit for which the provisional permittee has applied until the provisional permittee has completed the required training.
  4. The Executive Director may grant a permit to the provisional permittee if the provisional permittee provides the Cannabis Commission with documentation that establishes that the provisional permittee has successfully completed the training required for the class of permit for which the provisional permittee has applied. If the effective period of the provisional permit passes before the provisional permittee provides the Cannabis Commission with documentation that establishes successful completion of the required training, then the provisional permit shall lapse and the permit application shall be deemed denied.

743.415 Permit

  1. Requirement for a Permit. An individual may not work for a licensee unless that individual has a valid permit or provisional permit.
  2. Limitations on Possession, Transfer, and Disposal of Marijuana Items. A permittee may not possess, transfer, or otherwise dispose of any marijuana item except as authorized by the license of a licensee for whom the permittee is acting as a licensee representative.
  3. Perpetual Until Revoked or Suspended. A permit shall remain in effect unless and until it is suspended or revoked by the Cannabis Commission.
  4. Not Property. A permit may not be transferred from the permittee to any other individual. A permit is not property and, as a result, is not subject to execution or attachment.

743.420 Required and Prohibited Conduct of a Permittee.

  1. Required Actions. Each permittee shall: a. Comply with all requirements of this Chapter and the Cannabis Commission regulations; b. Reasonably cooperate with the Cannabis Commission in performing its duties; c. Pay to the Cannabis Commission any fees required by this Chapter or the Cannabis Commission regulations; and d. Satisfy any requirements imposed by the permittee’s permit.
  2. Prohibited Actions. No permittee may: a. Make false representations or statements to the Cannabis Commission; b. Fail to disclose information to the Cannabis Commission that is required by this Chapter or is necessary for Cannabis Commission staff to perform its duties; c. Misrepresent to any person the condition, quality, or content of any marijuana item in the possession of or transferred by any licensee; or d. In any way obstruct or impede the performance of the duties of the Cannabis Commission or any of its staff members.

5. ENFORCEMENT OF THIS CHAPTER AND TRIBAL MARIJUANA LAWS

743.505 Immediate Actions by the Executive Director. The Executive Director may take any of the following actions without initiating an enforcement action:

  1. Routine Actions a. The Executive Director may take any of the following actions if the Executive Director concludes that the action is appropriate: i. Deny an application for a license or permit; ii. Suspend a license because the licensee failed to timely pay any fee owed to the Cannabis Commission or failed to maintain proof of insurance, if available, with the Cannabis Commission; iii. Suspend a permit because the permittee failed to timely pay any fee owed to the Cannabis Commission; or iv. Impose a fine on a permittee a permit because the Executive Director has found that the permittee: 1. Violated any provision of this Chapter, any Cannabis Commission regulation, or the permittee’s permit; 2. Made any false representation or statement to the Cannabis Commission; 3. Failed to disclose information to the Cannabis Commission that is required by this Chapter or is necessary for Cannabis Commission staff to perform its duties; 4. Misrepresented to any person the condition, quality, or content of any marijuana item in the possession of or transferred by any licensee; 5. Is in the habit of using alcoholic beverages, habit-forming drugs, marijuana, or controlled substances to excess; 6. Was convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the permittee to lawfully carry out activities under the permit; 7. In any way obstructed or impeded the performance of the duties of the Cannabis Commission or any of its staff members; or 8. Became ineligible to hold a permit due to a change in circumstances such that the permittee has failed to meet the minimum requirements for a permit. b. If the Executive Director takes any of the preceding actions, the Executive Director must promptly provide notice of that action to the applicant, licensee, or permittee who is the subject of the action. c. The Executive Director’s decision to take the action will be binding unless the applicant, licensee, or permittee who is the subject of the action notifies the Executive Director that the applicant, licensee, or permittee disputes the decision; provided, however, that an applicant may not dispute or appeal the Executive Director’s decision to deny an application for the reason that the application was not submitted on the appropriate form. The applicant, licensee, or permittee must notify the Executive Director of the dispute no later than within thirty (30) days of receiving the notice of the Executive Director’s decision and should provide the Executive Director with any additional information or evidence that the applicant, licensee, or permittee thinks the Executive Director should consider in reviewing the decision. On receiving a notice of dispute from an applicant, permittee, or licensee, the Executive Director may affirm or reverse the decision and shall provide the applicant, licensee, or permittee who is the subject of the decision with notice of the Executive Director’s decision within no later than thirty (30) days of receiving the notice of dispute. If the Executive Director affirms its decision, the notice to the applicant, permittee, or licensee shall explain the grounds for the action with sufficient particularity that the applicant, licensee, or permittee has the ability to identify the grounds for the action. The Executive Director shall also identify any evidence and information based on which the Executive Director made the decision to take the action. d. An applicant, licensee, or permittee who is the subject of the action may appeal the Executive Director’s decision following the Executive Director’s review as provided in the preceding paragraph by filing a Notice of Appeal with the Cannabis Commission and paying any fee that the Cannabis Commission may establish for filing a Notice of Appeal within thirty (30) days of receiving notice of the Executive Director’s decision. e. On receiving the Notice of Appeal, the Cannabis Commission shall schedule a due process hearing, which hearing must be held within thirty (30) days of the Cannabis Commission receiving the Notice of Appeal. The Cannabis Commission shall provide the applicant, licensee, or permittee with not less than ten (10) days’ written notice of the date and time when the hearing will be held and conduct the hearing as provided in Section 743.520 below.
  2. Suspension and Revocation of a Permit a. The Executive Director may provide a permittee with notice that the permittee’s permit will be suspended or revoked if the Executive Director has found that the permittee has: i. Violated any provision of this Chapter, any Cannabis Commission regulation, or the permittee’s permit; ii. Made any false representation or statement to the Cannabis Commission; iii. Failed to disclose information to the Cannabis Commission that is required by this Chapter or is necessary for Cannabis Commission staff to perform its duties; iv. Misrepresented to any person the condition, quality, or content of any marijuana item in the possession of or transferred by any licensee; v. Is in the habit of using alcoholic beverages, habit-forming drugs, marijuana, or controlled substances to excess; vi. Was convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the permittee to lawfully carry out activities under the permit; vii. In any way obstructed or impeded the performance of the duties of the Cannabis Commission or any of its staff members; or
    viii. Became ineligible to hold a permit due to a change in circumstances such that the permittee has failed to meet the minimum requirements for a permit. b. The notice to a permittee that the permittee’s permit will be suspended or revoked shall set forth the grounds for the action with sufficient particularity that the applicant, licensee, or permittee has the ability to identify the grounds for the action. The notice shall also identify any evidence and information based on which the Executive Director made the decision to take the action. The notice to a permittee that the permittee’s permit will be suspended or revoked shall also state that the permit will be revoked or suspended unless the permittee appeals the Executive Director’s decision by filing a Notice of Appeal with the Cannabis Commission within thirty (30) days of receiving the notice of the Executive Director’s decision. c. If the permittee does not file a Notice of Appeal of the Executive Director’s decision and pay any fee that the Cannabis Commission establishes for filing a Notice of Appeal within thirty (30) days of receiving notice of the Executive Director’s decision, then the permit will be revoked or suspended and the Executive Director’s decision shall be binding. d. If the permittee files a Notice of Appeal of the Executive Director’s decision and pays any fee that the Cannabis Commission establishes for filing a Notice of Appeal within thirty (30) days of receiving notice of the Executive Director’s decision, then the permit will not be revoked or suspended unless and until the full Cannabis Commission holds a hearing and affirms the Executive Director’s decision. e. On receiving the Notice of Appeal, the Cannabis Commission shall schedule a due process hearing, which hearing must be held within thirty (30) days of the Cannabis Commission receiving the Notice of Appeal. The Cannabis Commission shall provide the a permittee with not less than ten (10) days’ written notice of the date and time when the hearing will be held and conduct the hearing as provided in Section 743.520 below.
  3. Actions to Protect Against an Immediate Risk of Harm or Injury a. If the Executive Director concludes, based on specific and articulable facts, that an immediate risk of harm or injury to any person is present and that one of the following actions will remediate or reduce that risk, the Executive Director may suspend a license or permit. b. If the Executive Director takes any of the preceding actions, the Executive Director shall notify, in writing, the Cannabis Commission and the licensee or permittee who is the subject of that action within one (1) business day of when the Executive Director takes the action. On receiving notification from the Executive Director, the Cannabis Commission shall schedule a due process hearing, which hearing must be held within twenty (20) days of the Cannabis Commission receiving notice of the Executive Director’s action. The Cannabis Commission shall provide the licensee or permittee with not less than ten (10) days’ written notice of the date and time when the hearing will be held and conduct the hearing as provided in Section 743.520 below.
  4. Suspension Due to Invasion, Disaster, Insurrection, Riot, or Imminent Danger. In case of invasion, disaster, insurrection, riot, or imminent danger, the Cannabis Commission or the Tribal Council may direct the Executive Director to immediately suspend, for the duration of the event, any license in the area involved. If a license is suspended according to this subsection, then the Executive Director shall promptly notify the licensee of the suspension. The licensee may appeal the suspension to the full Cannabis Commission by filing a Notice of Appeal with the Cannabis Commission and paying any fee that the Cannabis Commission may establish for filing a Notice of Appeal within thirty (30) days of receiving notice of the suspension. The Cannabis Commission shall schedule and hold a hearing to review the suspension as soon as circumstances permit in light of the invasion, disaster, insurrection, riot, or imminent danger.

743.510 Grounds for Initiating an Enforcement Action. The Executive Director may initiate an enforcement action against a licensee or permittee if the Executive Director has reason to believe that the licensee or permittee:

  1. Violated any provision of this Chapter, any Cannabis Commission regulation, or license or permit;
  2. Made any false representation or statement to the Cannabis Commission;
  3. Failed to submit any information or report to the Cannabis Commission or maintain any records that are required by this Chapter, the Cannabis Commission regulations, the licensee’s license, or that are necessary for Cannabis Commission staff to perform its duties;
  4. Maintained any licensed premises in unhealthy, unsafe, insanitary, or insecure condition;
  5. Failed to maintain adequate security protocols to prevent the theft or other loss of marijuana items in the licensee’s possession;
  6. Misrepresented to any person the condition, quality, or content of any marijuana item in the possession of or transferred by the licensee;
  7. Is not possessed of or has not demonstrated financial responsibility sufficient to adequately meet the licensing or permitting requirements of this Chapter;
  8. In any way obstructed or impeded the performance of the duties of the Cannabis Commission; or
  9. Became ineligible to hold a license or permit due to a change in circumstances such that the licensee or permittee has failed to meet the minimum requirements for a license or permit.

743.515 Procedure of an Enforcement Action.

  1. Initiating Report. a. An enforcement action is initiated by the Executive Director submitting, in writing, an initiating report to the Cannabis Commission. b. The initiating report of the Executive Director shall: i. set forth allegations of the grounds for the enforcement action against the licensee or permittee who is the subject of the enforcement action with sufficient particularity that the licensee or permittee has the ability to identify the grounds for the enforcement action and respond to the allegations; ii. identify the evidence and information based on which the Executive Director concluded that pursuing an enforcement action was justified; and iii. identify the sanction or sanctions that the Executive Director has concluded are appropriate in light of the allegations against the licensee or permittee.
  2. Notice of Enforcement Action. a. After receiving the initiating report from the Executive Director, the Cannabis Commission shall provide written notice to the licensee or permittee of the enforcement action, which notice shall include the allegations of and any sanctions proposed in the initiating report. b. The notice of enforcement action shall explain that the licensee or permittee has the right to respond to the allegations of the initiating report and shall identify the process that the licensee or permittee must follow to do so, including any fee that the licensee or permittee must pay. c. The notice must permit the licensee or permittee not less than ten (10) days to respond to the notice.
  3. Response to Notice and Scheduling a Hearing. a. If the party who is the subject of the enforcement action timely responds to the notice to challenge the allegations of and any sanctions proposed in the initiating report and pays any fee that the Cannabis Commission may establish for filing such a response, then the Cannabis Commission shall schedule a due process hearing, which hearing shall be held within thirty (30) days of the Cannabis Commission receiving the response from the licensee or permittee. b. The Cannabis Commission shall provide the licensee or permittee with not less than ten (10) days written notice of the date and time when the hearing will be held and conduct the hearing as provided in Section 743.520 below.
  4. Imposition of Sanctions.a. The Cannabis Commission has authority to impose any sanction or sanctions that it concludes are necessary and appropriate to punish wrongdoing, deter further violations of this Chapter and the Cannabis Commission regulations, and protect the integrity of the regulatory system. b. Sanctions that the Cannabis Commission may impose include but are not limited to: i. Barring a licensee or permittee from accessing premises to which a license is appurtenant; ii. Suspension or revocation of a license; iii. Suspension or revocation of a permit; iv. Imposition of a fine; and v. Requiring the licensee or permittee who is the subject of the enforcement action to complete a remedial action, such as completion of educational or training courses, remedying an out-of-compliance condition on the licensed premises, or submission of reports or other information to the Cannabis Commission. c. If the party who is the subject of the enforcement action does not respond to the notice, then the Cannabis Commission may accept as true any allegations contained in the initiating report. It may then decide either to impose a sanction on the licensee or permittee based solely on the information presented in the initiating report, or to request or compel the submission of additional information and evidence to the Cannabis Commission, based on which the Cannabis Commission may decide whether to impose a sanction. The Cannabis Commission shall issue its decision in writing without unreasonable delay. d. If the party who is the subject of the enforcement action responds to the notice, then the Cannabis Commission shall determine whether imposition of a sanction on that person is justified based on the evidence presented at the hearing.

743.520 Hearing of the Full Cannabis Commission.

  1. Due Process and Written Notice of Hearing. If the Cannabis Commission is required to hold a hearing as provided in this Chapter, then the Cannabis Commission shall afford the party who is the subject of the hearing due process and provide that person with not less than ten (10) days’ written notice of the date and time when the hearing will be held.
  2. Evidence. At the hearing, the Executive Director and any person who is the subject of the hearing shall have the right to subpoena evidence, compel witness attendance, and present relevant oral and written evidence.
  3. Legal Standard for Commission Decisions. The Cannabis Commission shall weigh the evidence, testimony and exhibits and make its decision on the basis of a preponderance of the evidence and credibility of the evidence and witnesses.
  4. Issuance of Decision. The Cannabis Commission’s decision shall be issued in writing within thirty (30) days of the hearing, and the decision shall include a statement of facts and a statement of legal authority on which the decision is based. Each decision shall be delivered to the party for whom the hearing was held and shall include information and instructions for appealing the decision pursuant to Section 743.525.

743.525 Appeals of Cannabis Commission Decisions.

  1. Process for Appeals. Any decision of the Cannabis Commission with respect to any applicant, licensee, or permittee may be appealed to the Court of Appeals. Any appeal of a Cannabis Commission decision to the Court of Appeals must be filed within thirty (30) days after the decision of the Cannabis Commission is issued, unless a different time frame is otherwise specified or required by applicable Cannabis Commission regulations. On the filing of a Notice of Appeal, pursuant to the Rules of the Court of Appeals, the Cannabis Commission shall prepare and submit to the Court of Appeals within fifteen
    (15) days the Administrative Record of the relevant Cannabis Commission hearing. Both parties to the appeal, the person appealing the decision of the Cannabis Commission and the respondent Cannabis Commission, shall have the opportunity to submit written arguments on the issues presented by the appeal and, in the discretion of the Court of Appeals, participate in oral argument before the Court of Appeals.
  2. Standard of Review. The Court of Appeals shall review the Cannabis Commission’s decisions de novo on questions of law and for clear error on questions of fact. The Court of Appeals is authorized to reverse a decision made by the Cannabis Commission only where the Court of Appeals finds that: a. the Cannabis Commission’s decision was unreasonable, arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with applicable law; b. the Cannabis Commission exceeded its jurisdiction, authority, or limitations under applicable tribal law; or c. the Cannabis Commission’s decision is unsupported by substantial evidence or unwarranted by the facts presented, either orally or substantively.
  3. Rulings are Final. The rulings of the Court of Appeals on matters brought pursuant to this Chapter shall be final.

743.530 Law Enforcement.

  1. Law enforcement officers on the Reservation have the authority to enforce this Chapter and shall assist the Cannabis Commission in detecting and investigating violations of this Chapter.
  2. The Cannabis Commission shall cooperate with any tribal, federal, or state law enforcement agencies, including by providing those agencies with access to any papers, books, records, and reports that the Cannabis Commission receives from any applicant, licensee, or permittee.
  3. The Cannabis Commission may, in its discretion, cooperate with regulatory agencies of the State of Oregon, including by providing those agencies with access to any papers, books, records, and reports that the Cannabis Commission receives from any applicant, licensee, or permittee.
  4. When a law enforcement officer arrests an individual for violation of this Chapter, that law enforcement officer may confiscate marijuana items and all other items that are being used to violate this Chapter as permitted in Chapter 202.105 through 202.165 of the Warm Springs Tribal Code.
  5. Law Enforcement officials may possess and transport marijuana items in the course of conducting official activities.
  6. Law enforcement and Warm Springs Reservation Tribal Court officials shall notify the Cannabis Commission of the arrest or conviction of any permittee for a violation of this Chapter or other law if marijuana or other controlled substances had any part in the violation.
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