Chapter 20.01
HEMP AND CBD OIL
Sections:
20.01.100 Hemp, CBD and CBD oil products legal on Reservation.
20.01.250 Regulatory authority.
20.01.300 Zoning laws and hemp production.
20.01.350 Zoning laws and CBD product production.
20.01.400 Limitation on who may grow hemp.
20.01.450 Acreage limitations for hemp production on lands owned by the Tribe.
20.01.500 No limitation on the size of acreage on individual Tribal member trust land.
20.01.550 Prohibition on use of Tribal members as a straw man.
20.01.600 Compliance with all Tribal and Federal environmental laws.
20.01.700 Production of hemp on Reservation requires a Chehalis business license.
20.01.800 Required testing of hemp and CBD oil products.
20.01.850 Definition of a qualified lab.
20.01.900 Limitation on who may produce CBD oil and/or CBD oil products.
20.01.050 Title.
This code shall be known as the Hemp and CBD Oil Code. [Res. 2020-82.]
20.01.100 Hemp, CBD and CBD oil products legal on Reservation.
As a result of hemp being delisted as a Schedule I controlled substance in the Federal Farm Bill, the Tribe authorizes the growing/production and sale of hemp and the production, use and selling of CBD oil products on the Reservation. [Res. 2020-82.]
20.01.150 Hemp definition.
“Hemp” is defined as an agricultural product of cannabis with less than 0.3 percent THC. [Res. 2020-82.]
20.01.200 CBD oil definition.
CBD oil is a nonintoxicating cannabinoid found in cannabis and hemp with no more than 0.3 percent THC. [Res. 2020-82.]
20.01.250 Regulatory authority.
The Tribe places the control and regulation of hemp and CBD oil under the Tribe’s Marijuana Regulatory Commission. [Res. 2020-82.]
20.01.300 Zoning laws and hemp production.
Hemp may be grown only in those areas designated for agricultural uses on the Reservation. [Res. 2020-82.]
20.01.350 Zoning laws and CBD product production.
CBD oil products shall only be produced in areas zoned commercial on the Reservation. [Res. 2020-82.]
20.01.400 Limitation on who may grow hemp.
Hemp production shall be the exclusive right of the Tribe and its Tribal members. No non-Chehalis Tribal member or entity shall be permitted to grow hemp on the Reservation. [Res. 2020-82.]
20.01.450 Acreage limitations for hemp production on lands owned by the Tribe.
Hemp fields on land owned by the Tribe shall not exceed 200 acres per field. [Res. 2020-82.]
20.01.500 No limitation on the size of acreage on individual Tribal member trust land.
The amount of acreage which may be dedicated to the production of hemp on individually owned trust lands within the Reservation shall not be limited by ordinance. [Res. 2020-82.]
20.01.550 Prohibition on use of Tribal members as a straw man.
It shall be illegal for a nonqualifying person or entity under this chapter to grow and/or sell hemp produced on the Reservation. [Res. 2020-82.]
20.01.600 Compliance with all Tribal and Federal environmental laws.
Hemp production shall comply with all Tribal and Federal environmental law including, without limitation, the Clean Water Act. [Res. 2020-82.]
20.01.650 No pollution of the Chehalis River, the Black River and their tributaries and the groundwater of the Reservation.
No production of hemp shall be allowed to run off into the Chehalis River, the Black River and their tributaries or pollute the groundwater on the Reservation. [Res. 2020-82.]
20.01.700 Production of hemp on Reservation requires a Chehalis business license.
Any person or entity which shall produce hemp and/or sell hemp on the Reservation shall have a valid and current business license from the Tribe. [Res. 2020-82.]
20.01.750 Production and/or sale of CBD oil products on Reservation requires a Chehalis business license.
Any person or entity which shall produce CBD oil and/or sell CBD oil on the Reservation shall have a valid and current business license from the Tribe. [Res. 2020-82.]
20.01.800 Required testing of hemp and CBD oil products.
All hemp and CBD oil products shall be subject to testing by a qualified lab in order to establish that such hemp and CBD oil products do not violate this chapter. [Res. 2020-82.]
20.01.850 Definition of a qualified lab.
A “qualified lab” pursuant to this chapter is a lab certified by the Tribe as qualified to be used for the purposes set forth herein. [Res. 2020-82.]
20.01.900 Limitation on who may produce CBD oil and/or CBD oil products.
Only the Tribe may produce commercial CBD oil and/or CBD oil products on the Chehalis Reservation. Notwithstanding the foregoing, subject to the terms of this chapter, Chehalis Tribal members may sell CBD oil products on the Reservation. [Res. 2020-82.]