15.02.070 Cannabis Control Board

(a) Creation of Board. The Tribal Council establishes the Saint Regis Mohawk Tribal Cannabis Control Board ("CCB") to: (1) provide oversight on behalf of the Tribal Council over the Tribe's Cannabis Compliance Office on all cannabis regulatory matters; (2) to issue cannabis licenses and render other administrative decisions regarding cannabis licensure; and (3) to carry out any other oversight and regulatory powers delegated by the Tribal Council.

(b) CCB Powers and Duties. The CCB's duties and powers shall include, but not be limited to:

(1) Accept, review, approve, or disapprove cannabis license applications including those required under this chapter including, but not limited to, applications for cultivation, processing and retail store licenses;

(2) Adopt rules to impose and collect any fees or fines necessary to the regulation of cannabis including fees imposed under this chapter;

(3) Adopt cannabis regulations and rules after consultation with the CCO.

(4) Approve the issuance of cannabis orders recommended by the CCO under Tribal Ordinances, including this chapter, including but not limited to: orders to cease and desist, closures of facilities, suspension and revocation of licenses as necessary to protect public safety;

(5) Monitor the regulation of all activities of cannabis licensees;

(6) Keep accurate records of all matters within the CCB's duties.

(c) Board Composition. The CCB shall have five (5) full members and two (2) alternate members (referred collectively as "members"). Members shall be appointed by the Tribal Council and shall serve staggered terms.

(d) Qualifications. Members of the Board shall have the following qualifications:

(1) They must be at least twenty-five (25) years old (on date of appointment);

(2) They must possess good moral character and not have been convicted of a serious crime as defined in the Tribe's Election and Referendum Ordinance, as amended;

(3) They must be willing to take, and must pass, a background check administered by the Tribe and/or Tribal Police;

(4) They must be willing and capable of maintaining communications through technology (email, texts, mobile phone) so as to be accessible to the Board;

(5) At least three (3) full members must be Tribal Members;

(6) At least three (3) full members must have knowledge and experience in any one of the following areas:

(A) business experience in the cannabis industry;

(B) specialized knowledge or education in a cannabis field (including but not limited to medicine, pharmacology; laboratory testing; agriculture, regulation or law);

(D) public health and safety.

(e) Alternate Qualifications.

(1) Alternate members must be tribal members and are not required to have any special qualifications.

(f) Other Board Requirements.

(1) No member of the CCB shall actively participate in, or be employed by, a cannabis business that is regulated by the Tribe under this or other cannabis Ordinance or law.

(2) CCB members will be entitled to compensation according to the standard schedule of fees and compensation provided for tribal boards, committees and commissions.

(3) The CCB will adopt their own Bylaws and will nominate a Chairperson by motion and majority vote for a one (1) year term or until a successor is elected. The Chairperson will preside over all meetings and perform all duties of that office as required under approved Bylaws. The CCB will also nominate and elect other Officers (Vice-Chair, Treasurer, Secretary) with duties and requirements to be set forth in approved By-Laws. The CCB will schedule and hold regular meetings.

(4) Members of CCB may be removed by Tribal Council, either by the Council itself or upon recommendation by the Board. They may be removed based upon violation of any provision of this, or other cannabis Ordinance, failure to perform duties as a member, excessive absences from meetings, failure to recuse oneself due to a conflict of interest or conduct unbecoming a member.

(5) Member vacancies will be filled by the Tribal Council under the same procedure used for appointment. Members appointed to fill vacancies will serve the remainder of the vacant seat.

(g) The CCB will provide regular reports to the Tribal Council summarizing, among other things, their official actions, activities, investigative reports, and reports received from licensed businesses to keep the Tribal Council fully informed as to the status of their activities.