CHAPTER 32-10
VIOLATIONS
32-10-1 Enforcement.
(A) A violation of this title shall be subject to enforcement action in accordance with this title.
(B) A person, entity, or THPE who negligently violates this title shall not as a result of that violation be subject to any criminal enforcement action by tribal, federal, state, or local government.
(C) Nothing herein limits the Nation’s authority to take civil or criminal action against individuals or entities related to hemp or marijuana under applicable law.
(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)
32-10-2 Negligent Violation.
When the Nation determines that a negligent violation has occurred, the Tax Commission will issue a notice of violation and a CAP to the person, entity, or THPE found in violation.
(A) Prohibitions. A person, entity, or THPE shall be subject to a corrective action plan if the Tax Commission determines the person, entity, or THPE has negligently violated this title by:
(1) Failing to provide a legal description of land on which hemp is produced or handled;
(2) Failing to obtain and maintain a hemp production license before producing or handling hemp; or
(3) Producing cannabis with a delta-9 tetrahydrocannabinol concentration exceeding the acceptable hemp THC level, but producers do not commit a negligent violation under this subsection if they make reasonable efforts to grow hemp and the cannabis (marijuana) does not have a delta-9 tetrahydrocannabinol concentration of more than 1.0 percent on a dry weight basis.
(a) The Nation will consider as one (1) violation the entire harvest from a distinct lot in determining whether a violation occurred, rather than finding multiple violations based on multiple tests from the same distinct lot.
(B) Corrective Action Plan. A Tax Commission-established corrective action plan shall set forth the action steps the person, entity, or THPE must complete to come back into compliance with this title, and the person, entity, or THPE found to be in violation must comply with its CAP to correct the negligent violation, including:
(1) Correcting the negligent violation by a certain date; and
(2) Reporting periodically to the Tax Commission regarding compliance with the corrective action plan for a period of not less than the next two (2) years from the date of the negligent violation.
(C) Inspection to Determine Adherence to the CAP. The Tax Commission shall conduct an inspection to determine if the person, entity, or THPE has implemented the corrective action plan as submitted.
(D) Subsequent Negligent Violations. A person, entity, or THPE who negligently violates this title three (3) times in a five (5) year period shall be ineligible to produce hemp for a period of five (5) years beginning on the date of the third violation. Licensees shall not be subject to more than one (1) negligent violation per calendar year.
(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)
32-10-3 Violation with Culpable Mental State.
(A) Prohibition. The Tax Commission has the authority to determine if the person, entity, or THPE has violated this title with a culpable mental state greater than negligence.
(B) Reporting. The Tax Commission shall immediately report a person, entity, or THPE that it has determined violated this title with a culpable mental state greater than negligence to:
(1) The chief law enforcement officer of the Nation; and
(2) The United States Attorney General.
(C) Application. The provisions in this title regarding negligent violations do not apply to culpable mental state greater than negligence violations.
(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)