CSV.8.1.040 Purpose

The Lac Courte Oreilles Band of Lake Superior Chippewa Indians hereby finds and declares that:

(a) The government of United States recognizes Indian tribes as having sovereignty over their members and territories.

(b) The Lac Courte Oreilles Band of Lake Superior Chippewa Indians (the "Tribe") is a federally recognized Indian Tribe organized pursuant to the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), codified at 25 U.S.C. §§ 5101, et seq., as amended by the Act of June 15, 1935, (49 Stat. 378); and

(c) Article III of the Lac Courte Oreilles Tribal Constitution ("Tribal Constitution") establishes the Tribal Governing Board as the governing body of the Tribe. Article V of the Tribal Constitution empowers the Tribal Governing Board to, inter alia, manage all economic affairs and enterprises of the Tribe; to safeguard, regulate and promote the peace, safety, morals and general welfare of the tribe by regulating the conduct of trade and the use and disposition of property upon the reservation; to charter subordinate organizations for economic purposes and to regulate the activities of cooperative associations of members of the tribe under ordinances adopted by the Tribal Governing Board; To delegate to subordinate boards, officers, committees, or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any actions taken by virtue of such delegated powers prior to and after such actions are taken; to govern the conduct of persons under the territorial jurisdiction of the Tribe; and to regulate commerce within the jurisdictional boundaries of the Tribe or on any after acquired lands.

(d) In February 2014, Congress passed the Agricultural Act of 2014 (hereinafter "2014 Farm Bill"), which defined industrial Hemp as separate and distinct from marijuana, and also authorized state departments of agriculture and institutions of higher education to produce Hemp for agricultural or academic research, including research into the marketing of industrial Hemp.

(e) On December 20, 2018, the U.S. Congress enacted the Agriculture Improvement Act of 2019 ("2018 Farm Bill") that amend the Agricultural Marketing Act of 1946 (7 U.S.C. § 1621 et seq.) by adding Subtitle G entitled "Hemp Production" thereby allowing for the controlled production of Hemp in accordance with the Act, and a State or Tribal plan approved by the Secretary of Agriculture.

(f) The 2018 Farm Bill also amended Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)), by removing Hemp (as defined by section 297A of the Agricultural Marketing Act of 1946) from the list of federal controlled substances.

(g) Pursuant to this Ordinance and any regulations developed in accordance with this Ordinance, the Tribe authorizes the production of Hemp within the Tribe's jurisdiction. Any changes to this Ordinance shall first be submitted to the USDA and approved before they may take effect.