15.01.050 Hemp Licenses

(a) General Requirements.

(1) No person shall engage in hemp production on Tribal Territory without first obtaining an approved hemp license. Failure to obtain a license will subject a person to penalties and enforcement provisions contained herein.

(2) The only persons eligible to obtain hemp licenses are Mohawk Tribal Members and Mohawk Tribal Member-Owned Businesses ("Tribal Member Business").

(3) The HCO will issue hemp producer licenses to cover all hemp production activities including, but not limited to, cultivation, extraction, obtaining seeds, handling hemp, storage, transportation and shipment of hemp to market.

(4) The HCO will develop application forms for all production license types and make those forms and other application information available to the public.

(b) License Applications.

(1) Applications for hemp licenses shall contain, at a minimum, the following information:

(A) The applicant's full name, residential address, telephone number, and email address, if an email address is available.

(B) Proof of Tribal Membership or, if a Tribal Member Business, proof that the entity is more than fifty percent (50%) owned and controlled by a Tribal Member.

(C) For Member Businesses, the full name of the business, the principal business location address, EIN number, the full name, title, and email address (if available) of each individual who will be a Key Participant in the business.

(D) Documentation of the applicant's valid legal right to the lands to be used for the proposed hemp site (this must be verified by the Saint Regis Mohawk Tribal Clerk).

(E) Street address, Lot number, legal description and, to the extent practicable, the Geospatial Location coordinates for each field, greenhouse, building, or site where Hemp will be produced, handled, processed or stored.

(F) If the applicant is engaged in hemp production in any other jurisdiction, information regarding that activity and a copy of applicant's license(s) in that jurisdiction.

(G) Proof of insurance that includes worker's compensation insurance for any employees, and general liability insurance.

(H) A business plan and/or operations plan that includes at a minimum the proposed acreage or greenhouse or indoor square footage to be used for hemp cultivation or used for processing, type of activity proposed (growing or extraction), description of facility, number of employees, security plan, description of all equipment, proposed customers for the hemp and source of seeds.

(I) Licenses will be issued for an initial three (3) year term and may be renewed for additional three (3) year terms upon reapplication by the producer and approval by the HCO.

(1) As part of the licensing process the producer shall execute a License Agreement and agree, at a minimum to:

(A) Comply with all requirements in this chapter and all orders issued by the HCO with the understanding that failure to comply shall constitute grounds for the suspension or termination of a license and require the HCO to report such failure to the USDA, or potentially, a law enforcement agency for further action.

(B) Submit all planting reports for both outdoor and indoor (greenhouse) sites within fifteen (15) days after every planting, including planting of seeds or propagules in the site that includes at a minimum the varieties of hemp planted, location ID as listed in the License Agreement and primary intended use of the harvest of each planting.

(C) Submit growing reports for each location ID as required by the HCO and hemp crop acreage to the USDA Farm Service Agency ("FSA") providing, at a minimum the street address and location ID and, to the extent practicable, the geospatial location for each site or greenhouse, acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp and license identifier.

(D) Give permission to the HCO, law enforcement agencies and USDA to enter onto the licensed site without cause, with or without advance notice to conduct an inspection or investigation, collect random samples of any Cannabis material or investigate other hemp production matters related to producer's facilities including access to all hemp and other Cannabis plants and seeds, whether growing or harvested, and all land, buildings, and other structures used for the production, handling, and storage of all hemp and other Cannabis plants and seeds.

(E) Agree to forfeiture and disposal or remediation, without compensation, of hemp that is produced in violation of this chapter.

(F) Not implement any change to the licensed site as designated in the License Agreement without prior written approval.

(G) Not interplant hemp with any other crop without express written permission of the HCO.

(H) Agree that any time hemp is in transit, a copy of the License and License Agreement shall be available for inspection upon request.

(I) Agree to immediately notify the HCO by telephone or electronically of any hemp-related interaction with a law enforcement agency and to follow-up to the HCO in writing within three (3) calendar days of that occurrence.

(J) Agree to pay all fees imposed under this chapter.

(K) Agree to pay for and submit to a Criminal Background Investigation.

(L) Contact the HCO and sampling agent to arrange for the collection of samples from the flower material from such Cannabis plants for THC concentration level testing at least 30 days prior to the anticipated harvest of hemp. The sampling cuts shall then be collected within 15 days of anticipated cultivation of the crop.

(M) Not harvest hemp prior to the hemp being sampled and receipt of permission to harvest from the HCO and tests of samples are taken to obtain specimens for the measurement of tetrahydrocannabinol (THC) content, which determine whether the specimens are hemp or marijuana.

(N) Not transport live hemp plants, viable seeds, leaf materials, or floral materials to unapproved locations including trade shows, county fairs, educational or other events, or any other address not listed on the producer's License Agreement without the prior written approval of the HCO.

(O) Not ship or transport, or allow to be shipped or transported, live hemp plants, cuttings for planting, or viable seeds from a variety that is currently designated by the HCO as a prohibited variety.

(P) Not allow the public to access hemp sites for activities such as a maze and not allow the unsupervised public on grow sites.

(Q) Agree to restrictions by the HCO regarding location of hemp grow sites and facilities near schools, playgrounds or other open public areas that may not be appropriate site locations. (r) Not transfer or assign the license to another person without the express written approval of the HCO.