CHAPTER 32-1
INTRODUCTION

32-1-1 Authority.

The ordinance codified in this title is enacted by the Tribal Council pursuant to the powers vested to it under Article V of the Constitution of the Prairie Band Potawatomi Nation (“Nation”), the Nation’s Hemp Plan approved by the United States Department of Agriculture (USDA), and its inherent sovereignty to regulate commerce and land use in its territory. The Nation, acting through its Tribal Council, has the authority to regulate and control the production and handling of hemp within its territory.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-1-2 Scope.

This title governs the production and handling of hemp in the territory of the Nation.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-1-3 Purpose.

The purposes of this title are to:

(A)    Authorize and regulate hemp production and handling in the territory of the Nation in accordance with applicable tribal and federal law;

(B)    Delegate such authorities and powers as necessary to the Tax Commission to carry out this title;

(C)    Authorize the issuance of regulations, policies, and procedures as needed to carry out this title; and

(D)    Promote the economic development of our tribal citizens and tribal commercial enterprises through hemp production and handling related business opportunities.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-1-4 Effective Date.

The effective date on the ordinance codified in this title is upon its approval by the Tribal Council of the Prairie Band Potawatomi Nation.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-1-5 Applicability.

The policies and procedures set forth in this title, and any regulations issued in accordance with this title, are of general application within the territory of the Nation unless otherwise specifically stated.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-1-6 No Limit on Jurisdiction.

Nothing in this title shall be construed to limit the jurisdiction of the Nation.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-1-7 No Waiver of Sovereign Immunity.

Nothing herein shall limit or constitute a waiver of the sovereign immunity of the Nation or its officers, instrumentalities, employees, elected officials, or agents, or authorize any form of a prospective waiver of such sovereign immunity.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-1-8 Severability.

If any section, part of a section, paragraph, sentence, clause, phrase, or word of this title is for any reason held or declared to be unconstitutional, inoperative, or void, such holdings of invalidity shall not affect the remaining portions of this title, and the remainder of this title shall continue in effect.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-1-9 Short Title.

This title shall be known and cited as the “Hemp Ordinance.”

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)