CSV.8.2.010 General Definitions
The following terms, wherever used in this ordinance, shall be construed to apply as follows:
(a) "Acceptable hemp THC level" means when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that attachments 0.3% or less. For example, if the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis is 0.35% and the measurement of uncertainty is +/– 0.06%, the measured total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41%. Because 0.3% is within the distribution or range, the sample is within the Acceptable Hemp THC level for the purpose of plan compliance with this code and applicable State and Federal law.
(b) "Agricultural Division" or "Division" means the Agricultural Division of the Lac Courte Oreilles Conservation Department as established by the Tribal Governing Board through this ordinance which shall serve as a governmental instrumentality and arm of the Tribe.
(c) "Applicant" means a natural Person, or a business entity, who submits an application to participate in the Tribe's Hemp program.
(d) "Cannabis sativa L." means all parts of the plant Cannabis sativa L., whether being produced or not, including its seeds, resin, compounds, salts, derivatives, and extracts, and does not mean Publicly Marketable Hemp Product, as defined by this ordinance.
(e) "CBD" means cannabidiol.
(f) "Certified Seed" means a seed for which a certificate or other instrument has been issued by a review board or certifying agency authorized under the laws of the Tribe, a state, federal law, any other federally recognized Indian tribe, or U.S. territory or possession to certify Hemp Seed varietals and that has standards and procedures approved by the United States Secretary of Agriculture to assure the purity and identity of the seed certified.
(g) "Citizen" means an enrolled member of the Lac Courte Oreilles Lake Superior Band of Chippewa Indians.
(h) "Conservation Department" or "Department" means the Conservation Department of the Tribe.
(i) "Decarboxylated" or "Decarboxylation" means the completion of the chemical reaction that converts tetrahydrocannabinolic acid into Delta-9-tetrahydrocannabinol, the intoxicating component of cannabis.
(j) "Delta-9-THC" means Delta-9-tetrahydrocannabinol concentration (the primary intoxicating component of Cannabis sativa L.), accounting for Decarboxylation.
(k) "Director" shall mean the Director of the Agricultural Division of the Lac Courte Oreilles Conservation Department, as established by this ordinance.
(l) "Disposal" means an activity that transitions the non-complaint product into a non-retrievable or non-ingestible form. Such activities include plowing, tilling, or disking plant materials into the soil; mulching, compositing, chopping, or bush mowing plant material into green manure; burning plant material; burying plant material into the earth and covering with soil.
(m) "Drug Enforcement Administration" or "DEA" means the U.S. Drug Enforcement Administration.
(n) "Dry weight basis" means the ratio of the amount of moisture in a sample to the amount of dry solid in a sample. Once a sample is collected it shall be dried to a consistent loss (typically 5-12% moisture content) so that the test can be performed.
(o) "Farm Service Agency" or "FSA" is an agency of the U.S. Department of Agriculture.
(p) "Financial Interest" is a person or entity that has more than a five (5) percent interest, share or ownership in a Hemp Business or in the revenues of a Hemp Business.
(q) "Geospatial location" means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object which may be available from the USDA Farm Service Agency.
(r) "Hemp" means the plant species 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, with a total Delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
(s) "Hemp Business" means a business entity of any kind that engages in any aspect of Hemp related activities authorized by this ordinance including, but not limited to, a Tribally Owned Corporation.
(t) "Law Enforcement Agency" means the Lac Courte Oreilles Police Department and any state or federal law enforcement agency having applicable jurisdiction within Lac Courte Oreilles Reservation lands.
(u) "Licensee" means a person or business that has been issued a valid Production Licensing Agreement or Processor Licensing Agreement.
(v) "Licensed Producer" means a person authorized by the Agriculture Division to cultivate Hemp for market under the terms established by this ordinance. Consistent with the requirements of 7 C.F.R. §718.2 and 7 C.F.R. Part 990, a Producer includes an owner, operator, landlord, tenant, or sharecropper who shares in the risk of producing the Hemp crop and who is entitled to share in marketed Hemp crop.
(w) "Licensed Processor" means a person authorized by the Agriculture Division to process, handle, store, and market Hemp within the Tribe's jurisdiction under the terms established by this ordinance.
(x) "Lot" means the particular land, building or buildings where Hemp will be produced, handled, stored, or processed, which can include a field name or building name.
(y) "Nonviable Seed" means a seed that has been crushed, dehulled, or otherwise rendered to have a zero percent germination rate.
(z) "Person" means an individual or business entity.
(aa) "Pesticide" means any substance or mixture of substances intended to:
(1) Prevent, destroy, control, repel, attract, or mitigate any pest; or
(2) Be used as a plant regulator, defoliant, or desiccant; or
(3) Be used as a spray adjuvant, once they have been mixed with a U.S. Environmental Protection Agency registered product.
(bb) "Police Department" shall mean the Lac Courte Oreilles Police Department.
(cc) "Processor Licensing Agreement" means a document executed by a person and the Agriculture Division authorizing the person to process, handle, convert Hemp into a marketable form, and store processed Hemp at one (1) or more specified lots within the Tribe's jurisdiction.
(dd) "Production Licensing Agreement" means a document executed by an Applicant and the Agricultural Division authorizing the person to possess, produce, dry, harvest and store Hemp at one (1) or more specified lots.
(ee) "Program" means the Tribe's Hemp Program.
(ff) "Propagule" means a plant or plant part that can be utilized to produce a new plant.
(gg) "Publicly Marketable Hemp Product" means a Hemp product that meets one (1) or more of the following descriptions:
(1) Bare stalks, bast fiber, hard fiber, nonviable roots, nonviable seeds, seed oils, plant extracts with a total Delta-9 THC with a 3.0% or below;
(2) Products produced by a Federally Recognized American Indian Tribe or State pursuant to a program adopted under the 2014 Farm Bill; or
(3) Products produced by a Federally Recognized American Indian Tribe or State pursuant to a State or Tribal plan approved by the U.S. Department of Agriculture pursuant to the 2018 Farm Bill; or
(4) Products that are CBD derived from Hemp, as defined by this ordinance;
(5) The product is CBD that is approved as a prescription medication by the Untied States Food and Drug Administration; or
(6) Does not include any living Hemp plants, viable seeds, leaf materials, floral materials, or total Delta-9 THC content above 0.3%.
(hh) "Reservation" or "Reservation Lands" means the tribe's Indian Country, as defined by 18 U.S.C. § 1151, those lands, including the beds of any streams and flowages, located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.
(ii) "Seed" means Hemp's unit of reproduction, capable of developing into a Hemp plant.
(jj) "Seed Source" means the origin of the Seed or Propagules as determined by the Agricultural Division or the Director.
(kk) "Signing Authority" means an officer or agent of a legal entity with written authorization to commit the legal entity to a binding agreement.
(ll) "Test Result Report" shall mean a report prepared by an Agricultural Division approved laboratory that conducts tests on samples of Cannabis sativa L. from Licensed Producers. The approved lab must submit results directly to the USDA through the online HeMP platform. The test result report will include the license number, the name and address of the Licensed Producer, the Lot, date of test, test results including total Delta-9-THC, identification of retest, the name and address of the laboratory, the DEA registration number of the laboratory (if available), and the measurement of uncertainty.
(mm) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.
(nn) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.
(oo) "Tribally Owned Corporation" shall mean a business entity organized under the laws of the Tribe, Federal law, and wholly owned and operated by the Tribe.
(pp) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.
(qq) "U.S. Department of Agriculture" or "USDA" is a Federal agency within the U.S. Government.
(rr) "Variety" means a subdivision of a species that is:
(1) Uniform, in the sense that the variations in essential and distinctive characteristics are describable; and
(2) Stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity if reproduced or reconstituted as required by the different categories of varieties; and
(3) Distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, other characteristics from all other publicly known varieties, or other characteristics from all other publicly known varieties.