CHAPTER 32-2
DEFINITIONS

32-2-1 Definitions.

As used in this title, the terms set forth below shall have the following meanings:

(A)    Acceptable Hemp THC Level. The application of the measurement of uncertainty to the reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that includes 0.3 percent or less. For example, if the reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis is 0.35 percent and the measurement of uncertainty is +/- 0.06 percent, the measured delta-9 tetrahydrocannabinol content concentration level on a dry weight basis for this sample ranges from 0.29 percent to 0.41 percent. Because 0.3 percent is within the distribution or range, the sample is within the acceptable hemp THC level for the purpose of compliance with this title. This definition affects neither the statutory definition of hemp found at 7 U.S.C. §1639o(1) in the 2018 Farm Bill nor the definition of “marijuana” found at 21 U.S.C §802(16) in the Controlled Substances Act.

(B)    Agriculture Improvement Act of 2018 or 2018 Farm Bill. The federal statute passed by the United States Congress as codified at 7 U.S.C. §§1639o through 1639s.

(C)    Applicant. A person, entity, or THPE who is applying for a hemp production license under this title to produce or handle hemp within the Nation’s territory.

(D)    Application. A formal request to the Nation to produce or handle hemp in the territory of the Nation, comprised of all required forms in the hemp production license application packet.

(E)    Approved Seed. Seed for which a certificate or other instrument has been issued by a review board or certifying agency authorized under the laws of the Nation, a state, federal law, any other federally recognized Indian tribe, or U.S. territory or possession to certify hemp seed varietals if cultivated to maturity would test at or below 0.3 percent delta-9 THC concentration on a dry weight basis.

(F)    Cannabis. A genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indicia and Cannabis ruderalis are subspecies thereof. Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.

(G)    Controlled Substances Act or CSA. The Controlled Substances Act as codified in 21 U.S.C §801 et seq.

(H)    Conviction. Any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged. For purposes of this title, a conviction is expunged when the conviction is removed from the individual’s criminal history record and there are no legal disabilities or restrictions associated with the expunged conviction, other than the fact that the conviction may be used for sentencing purposes for subsequent convictions. In addition, where an individual is allowed to withdraw an original plea of guilty or nolo contendere and enter a plea of not guilty and the case is subsequently dismissed, the individual is no longer considered to have a conviction for purposes of this title.

(I)    Corrective Action Plan or CAP. A plan established by the Nation for a producer to correct a negligent violation or noncompliance with this title.

(J)    Criminal History Report. The Federal Bureau of Investigation’s Identity History Summary.

(K)    Culpable Mental State Greater Than Negligence. To act intentionally, knowingly, willfully, or recklessly.

(L)    Cultivate. To plant, water, grow, or harvest a plant or crop.

(M)    Decarboxylation. The removal or elimination of carboxyl group from a molecule or organic compound.

(N)    Delta-9 Tetrahydrocannabinol or THC. The primary psychoactive component of cannabis.

(O)    Drug Enforcement Administration or DEA. The United States Drug Enforcement Administration.

(P)    Dry Weight Basis. The ratio of the amount of moisture in a sample to the amount of dry solid in a sample. A basis for expressing the percentage of a chemical in a substance after removing the moisture from the substance. Percentage of THC on a dry weight basis means the percentage of THC, by weight, in a cannabis item (plant, extract, or other derivative), after excluding moisture from the item.

(Q)    Entity. A corporation, joint stock company, association, limited partnership, limited liability partnership, limited liability company, irrevocable trust, estate, charitable organization, or other similar organization, including any such organization participating in the hemp production as a partner in a general partnership, a participant in a joint venture, or a participant in a similar organization other than a THPE.

(R)    Farm Service Agency or FSA. The Farm Service Agency of the United States Department of Agriculture.

(S)    Gas Chromatography. A type of chromatography in analytical chemistry used to separate, identify, and quantify each component in a mixture. Gas chromatography relies on heat for separating and analyzing compounds that can be vaporized without decomposition.

(T)    Geospatial Location. A location designated through a global system of navigational satellites used to determine the precise ground position of a place or object.

(U)    Growing Site. This has the same meaning as “registered land area” as that term is defined in this section.

(V)    Handle. To harvest or store hemp plants or hemp plant parts prior to the delivery of such plants or plant parts for further processing. Handle also includes the disposal of cannabis plants that are not hemp for purposes of chemical analysis and disposal of such plants.

(W)    Hemp. The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, containing no greater than 0.3 percent total tetrahydrocannabinol on a dry weight basis.

(X)    Hemp Production License. A license issued by the Nation through the Tax Commission to a person, entity, or THPE authorizing the person, entity, or THPE to produce or handle hemp.

(Y)    High-Performance Liquid Chromatography or HPLC. A type of chromatography technique in analytical chemistry used to separate, identify, and quantify each component in a mixture. HPLC relies on pumps to pass a pressurized liquid solvent containing the sample mixture through a column filled with a solid adsorbent material to separate and analyze compounds.

(Z)    Information Sharing System. The database mandated under the Agricultural Marketing Act of 1946 that allows the USDA to share information collected under state, tribal, and USDA plans with federal, state, tribal, and local law enforcement.

(AA)    Key Participant. A sole proprietor, a partner in partnership, 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, and chief financial officer. This definition does not include nonexecutive managers such as farm, field, or shift managers.

(BB)    Laboratory. A laboratory accredited to ISO/IEC 17025, the standard published by the International Organization for Standardization titled “General requirements for the competence of testing and calibration laboratories.”

(CC)    Licensee. Any person, entity, or THPE holding a hemp production license issued by the Nation through the Tax Commission.

(DD)    Lot. A contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis throughout. Under the terms of this part, “lot” is to be defined by the producer in terms of farm location, field acreage, and variety (i.e., cultivar) and to be reported as such to the FSA.

(EE)    Marijuana. “Marijuana,” or “marihuana” as defined by the CSA, which means all parts of the plant Cannabis sativa L., whether growing or not (including the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin) that tests as having a concentration level of THC on a dry weight basis of higher than 0.3 percent. The term “marihuana” does not include hemp, as defined in this title and in Section 297A of the Agricultural Marketing Act of 1946, and does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination (7 U.S.C. §1639o). “Marihuana” means all cannabis that tests as having a concentration level of THC on a dry weight basis of higher than 0.3 percent.

(FF)    Measurement of Uncertainty. The parameter associated with the result of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.

(GG)    Nation. The Prairie Band Potawatomi Nation.

(HH)    Negligence. Failure to exercise the level of care that a reasonably prudent person would exercise in complying with this title and applicable tribal and federal law.

(II)    Ordinance. This “Hemp Legalization and Control Ordinance,” or “Hemp Ordinance.”

(JJ)    Person. A natural person aged eighteen (18) years and older.

(KK)    Pesticide. Any substance or mixture of substances intended for: (1) preventing, destroying, repelling, or mitigating any pest; (2) use as a plant regulator, defoliant, or desiccant; and/or (3) any nitrogen stabilizer.

(LL)    Postdecarboxylation. A value determined after the process of decarboxylation that determines the total potential delta-9 tetrahydrocannabinol content derived from the sum of the THC and THC–A content and reported on a dry weight basis. The postdecarboxylation value of THC can be calculated by using a chromatograph technique using heat, gas chromatography, through which THC–A is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in a given sample. The postdecarboxylation value of THC can also be calculated by using a high-performance liquid chromatograph technique, which keeps the THC–A intact, and requires a conversion calculation of that THC–A to calculate total potential THC in a given sample.

(MM)    Prairie Band Potawatomi Nation Tribal Hemp Plan. The Nation’s Hemp Plan submitted and approved by the USDA as authorized under the 2018 Farm Bill for production or handling of hemp.

(NN)    Produce. To grow hemp plants for market, or for cultivation for market.

(OO)    Producer. An owner, operator, landlord, tenant, or sharecropper, including a grower of hybrid seed, who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced, and holds a hemp production license.

(PP)    Registered Land Area. A contiguous parcel or tract of land on which a hemp production license authorizes the production and handling of hemp, including but not limited to fields, greenhouses, and structures, and it may include land and buildings not used to produce or handle hemp.

(QQ)    Reservation. As defined in the Potawatomi Law and Order Code, Chapter 1-4-1(N).

(RR)    Reverse Distributor. A person who is registered with the United States Drug Enforcement Administration in accordance with 21 C.F.R. §1317.15 to dispose of marijuana under the Controlled Substances Act.

(SS)    Secretary. The Secretary of Agriculture of the United States Department of Agriculture.

(TT)    Tax Commission. The arm of the government of the Nation that, pursuant to this title, regulates the production of hemp within the territory of the Nation.

(UU)    Territory. All lands within the exterior boundaries of the Nation’s reservation, all lands held in trust by the United States for the benefit of the Nation, all of the Nation’s lands that otherwise constitute “Indian country” pursuant to 18 U.S.C. §1151, and all lands defined at Potawatomi Law and Order Code 1-1-1.

(VV)    Tribal Council. The governing body of the Prairie Band Potawatomi Nation.

(WW)    Tribal Court. The Prairie Band Potawatomi Nation Tribal District Court.

(XX)    Tribal Hemp Production Entity or THPE. The Nation, one (1) of the Nation’s departments, or the Nation’s commercial entity wholly owned by the Nation for purposes of producing or handling hemp, and related activities.

(YY)    Tribal Member. An enrolled member of the Prairie Band Potawatomi Nation.

(ZZ)    Tribe. The Prairie Band Potawatomi Nation or Nation.

(AAA)    USDA. The United States Department of Agriculture.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2020-183, June 20, 2020; amended by PBP TC No. 2021-291, July 28, 2021)