15.02.060 Definitions

(a) When used in this chapter, unless the context clearly requires otherwise:

(1) "Adult Use Cannabis" or "AUC" means cannabis intended for non-medical use by persons 21 years of age or older.

(2) "Business" means a location at which a licensee is licensed as a cultivator, processor or retailer or any other type of Tribally licensed cannabis-related business.

(3) "Cannabis" refers to the plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, excluding hemp or its derivatives unless clearly required by context.

(4) "Cannabis Compliance Office" or "CCO" means the Tribal regulatory office established in Subchapter Two of this chapter.

(5) "Cannabis Control Board" ("CCB") means the Tribal Board established in Subchapter Two of this chapter.

(6) "Concentrate" means the resin extracted from any part of the plant of the genus cannabis.

(7) "Consumer" means a person, twenty-one years of age or older, who purchases approved AUC or AUC products for personal use, but not for resale to others.

(8) "Cultivation" means the planting and growing of AUC under a license issued in this chapter either indoors or outdoors that includes the related activities such as cloning, harvesting, drying, curing, grading and trimming of cannabis.

(9) "Edible cannabis product" or "edible" means any foodstuff, beverage, tincture, oil, or other product containing cannabis or cannabis extract and intended for oral consumption.

(10) "Inherently hazardous substance" means a liquid chemical, compressed gas or commercial product that has a flash point at or lower than 38 degrees Celsius or 100 degrees Fahrenheit, including, but not limited to, butane, propane and diethyl ether. "Inherently hazardous substance" does not include any form of alcohol or ethanol.

(11) "Key participant" means a sole proprietor, a partner in partnership, a member or manager in a limited liability company or a person with executive managerial control in a corporation. A person with executive managerial control includes persons such as a chief executive officer, chief operating officer, chief financial officer, limited liability company manager, or other positions regardless of title with authority to direct or influence the financial and business affairs of the enterprise.

(12) "Law enforcement agency" means the Saint Regis Mohawk Tribal Police Department and any federal, state, or local law enforcement agency that may also have jurisdiction over an activity under this chapter.

(13) "Operating plan" means a set of documents submitted by an applicant detailing its operations, and which, when approved by the CCB, shall be enforceable by the CCO.

(14) "Plant" means a living plant of the Cannabis genus (sativa and indicia species), excluding hemp, capable of producing its own food through photosynthesis and is in a grow medium.

(15) "Premises" or "licensed premises" shall refer to where a licensee's cannabis activity occurs.

(16) "Processor" means a licensee that processes (manufactures), packages and labels AUC and AUC cannabis products for sale in licensed cannabis retail stores.

(17) "Products" or "cannabis products" means any concentrated cannabis, oils, or cannabis-infused or extracted products, or products which otherwise contain or are derived from cannabis, authorized for sale to, and for use by, a cannabis consumer as approved by the Tribe.

(18) "Residence" means a fully enclosed permanent structure used or intended for human occupancy. Recreational vehicles, trailers, motorhomes, tents or other vehicles or structures which are used, designed or intended as temporary housing shall not constitute a residence for purposes of this chapter.

(19) "Retail store" or "store" means a facility licensed by the Tribe in which approved AUC and AUC products are sold and offered for sale to consumers.

(20) "Saint Regis Mohawk Tribal Council" means the elected Tribal Council of the Saint Regis Mohawk Tribe consisting of three elected Chiefs and three elected Sub Chiefs.

(21) "Saint Regis Mohawk Tribal Police" means the law enforcement department for the Saint Regis Mohawk Tribe with police authority over tribal territory.

(22) "Saint Regis Tribal Court" means the trial level court under the Tribal Court system that consists of the Chief Judge and associate Tribal Court members as established under tribal law.

(23) "Seed" means the fertilized, un-germinated, matured ovule, containing an embryo or rudimentary plant, of a cannabis plant that is flowering.

(24) "Seedling" means a cannabis plant that has germinated and has not flowered and is not harvestable.

(25) "Sensitive Sites" means the following areas that are protected under this chapter by certain proximity provisions: tribal government offices, recreation centers, churches and places of worship, public parks, libraries, game arcades, elementary schools, secondary schools, playgrounds, youth centers such as the Akwesasne Boys and Girls Club, athletic fields and other site designated by the CCO.

(26) "Serious felony" means an applicant is not currently subject to and has not discharged a sentence for a conviction of an offense under state or federal law or the law of any other jurisdiction within the past five (5) years involving: (1) manufacturing, distributing, or possessing with intent to manufacture or distribute. a controlled substance other than cannabis, for which a maximum term of imprisonment of ten years or more is prescribed by law; or (2) a "violent felony" for which a minimum sentence term of one and a half years is prescribed by law.

(27) "THC" means Delta-9-tetrahydrocannabinol; Delta-8-tetrahydrocannabinol and the optical isomers of such substances.

(28) "Tribal Cannabis Exchange" ("TCE") means the entity responsible for allotting quantities of cannabis and cannabis extract to Processors; allotting as necessary quantities of prepackaged cannabis and cannabis products to Retail Stores; establishing as necessary prices for cannabis and cannabis products transferred through the exchange; and issuing revenue stamps to be affixed to cannabis and cannabis products before they are offered for sale.

(29) "Tribal Member" or "Member" means a person who is enrolled in the Tribe under the Tribe's Membership Code or a person who is eligible to be enrolled regardless of where they reside as verified by the Tribal Clerk.

(30) "Tribal Member-Owned Business" or "Tribal Member Business" means an entity that is more than fifty percent (50%) owned and controlled by a tribal member. "Controlled" means to have controlling interest whereby a person holds a majority of a company's voting stock, giving them significant influence over any corporate actions. A person or group of persons having a controlling interest will be able to direct the course of a company and make strategic and operational decisions. A non-tribal member owning an interest in a Tribal Member-Owned Business may not avoid being deemed to have "control" through the use of management agreements, license agreements or other instruments, agreements or arrangements designed to grant control to non-tribal members.

(31) "Tribal tracking system" or "system" means a database approved or established by the Tribe that licensees will be required to use to track and account for cannabis transactions and activities on tribal territory.

(32) "Tribal territory" means all lands with the boundaries of the Treaty of 1796 and all other lands over which the Tribe has jurisdiction.

(33) "Tribe" shall mean the Saint Regis Mohawk Tribe, a federally recognized Indian tribe located in Akwesasne, New York. References to "Tribe" shall also include the Tribe's Cannabis Compliance Office and/or Cannabis Control Board.