Cannabis Licensing 2026 — Federally Compliant Schedule III

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Reading Key — Red text marks alignment corrections

The Constitution of the Mendocino California Tribal Nations is not changing. It is the fixed, supreme law. Every item highlighted in red below is a correction or update applied to this licensing framework to bring it into alignment with the unchanged Constitution. These corrections supersede prior language found in the Master Treaty of Peace (Sept 17, 2025) and earlier licensing documents. If you are reviewing what changed, focus on the red.

Press Release

Issued April 7, 2026

Agency Tribal Nations today publishes Cannabis Licensing 2026, the federally compliant Schedule III framework that supersedes all prior Schedule I licensing language in the Master Treaty of Peace (signed September 17, 2025) and establishes the canonical, constitution-anchored licensing instrument of the Mendocino California Tribal Nations.

§1 — Executive Summary

What this document is and what it replaces

This document is the final, canonical cannabis licensing instrument of Agency Tribal Nations (ATN). It is anchored in the Constitution of the Mendocino California Tribal Nations, operationally integrated with the Tribal Cannabis Control Code (TCC), and federally compliant under the Schedule III rescheduling framework of the Controlled Substances Act, 21 U.S.C. § 823.

The Constitution is not changing. The Constitution of the Mendocino California Tribal Nations is the fixed supreme law of the tribe. This licensing instrument was drafted to come into alignment with the Constitution, not the other way around. Where prior licensing language conflicted with the Constitution, the licensing language has been corrected — and every such correction is highlighted in red below for transparent review.

CORRECTION — Supersedes Schedule I Language

All references to “DEA Schedule I license,” Schedule I CSA amendment proposals, and Schedule I research compliance language found in the Master Treaty of Peace (signed September 17, 2025) are superseded by this document. The Master Treaty remains in force as the diplomatic, sovereignty, and government-to-government instrument; this document is the controlling licensing framework.

Three-Pillar Framework

Pillar 1 — Foundation

Constitution

Supreme law. Source of all licensing authority. Articles II, V, XII, XVIII, XIX.

Pillar 2 — Code

TCC

Tribal Cannabis Control Code. Operating procedures, testing, tax administration, enforcement.

Pillar 3 — Instrument

This Document

The licensing framework itself. Categories, fees (by reference), Schedule III posture, federal map.

All licensing, regulatory, and tax-collection authority resides exclusively with the sovereign Licensing Authority (ATN). This instrument waives no immunity, adopts no state tort framework, and submits to no state forum.

§2 — Constitutional Foundation

Authority derived from the supreme law of the Mendocino California Tribal Nations

This licensing instrument derives its authority from the Constitution of the Mendocino California Tribal Nations, not from federal grant or state delegation. Each license issued under this framework is an exercise of inherent tribal sovereignty as recognized in Worcester v. Georgia, 31 U.S. 515 (1832), United States v. Wheeler, 435 U.S. 313 (1978), and California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987).

Article II, §3 — Economic Sovereignty

Authority to issue currency, tokenize value, back currency with assets, and recognize in-ground assets as national collateral. Licensing fees are denominated as sovereign instruments under this authority.

Article II, §4(e) — Licensing as Sovereign Expression

“Licensing systems as the formal expression of sovereign law.” This is the textual foundation of the entire licensing framework.

Article II, §5(b) — 1856 Treaty Hemp Cultivation Right

Reserved economic rights including hemp cultivation under the 1856 Treaty establishing the Mendocino Indian Reservation. These rights were never extinguished and predate all federal Controlled Substances Act regulation.

Article V — Powers of the Tribal Government

(j) Power to levy taxes, duties, fees and assessments. (l) Power to regulate all business activities within tribal jurisdiction and manage all economic affairs and enterprises. (o) Power to enact laws necessary or incidental to the exercise of tribal government powers.

Article XII — Sovereign Immunity

ATN is immune from suit. This licensing instrument does not waive sovereign immunity, expressly or by implication, for any purpose, in any forum.

Article XVIII — Economic Sovereignty and Hemp Protections

§1 Exclusive authority over cultivation, processing, manufacturing, and sale of hemp and hemp-derived products. §2 1856 Treaty hemp sovereignty — predates and supersedes any conflicting federal regulation. §3 Tribal Hemp & Cannabis Program enacted by Ordinance No. 2025-HEMP. §4 Authority to engage in interstate and international commerce of hemp and hemp products. §5 Treaty rights reinstatement under the doctrine of reserved rights.

Article XIX, §5 — Hemp and Cannabis Definitions

The controlling definitions for HEMP, HEMP-A (THCA), CANNABIS, CULTIVATION, PROCESSING, COMMERCE, CANNABINOIDS, and HEMP-DERIVED PRODUCTS. These definitions govern this instrument in all respects. See §4 of this document for full text and federal comparison.

Cited authorities: Worcester v. Georgia, 31 U.S. 515 (1832); United States v. Wheeler, 435 U.S. 313 (1978); California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987); McClanahan v. Arizona State Tax Commission, 411 U.S. 164 (1973); Bryan v. Itasca County, 426 U.S. 373 (1976); White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980).

§3 — Schedule III Legal Basis

Federal compliance posture under 21 U.S.C. § 823

Cannabis is undergoing federal rescheduling from Schedule I to Schedule III of the Controlled Substances Act, following the August 2023 recommendation of the U.S. Department of Health and Human Services (HHS) to the Drug Enforcement Administration (DEA), and the DEA's subsequent Notice of Proposed Rulemaking. This document is built on the assumption — and the federal posture — that ATN cannabis activities are conducted under Schedule III registration, not Schedule I licensing.

REMOVED — Schedule I (Superseded)

“DEA Schedule I license” references
Schedule I CSA amendment proposals
Schedule I research compliance protocols
IRS § 280E full disallowance assumptions
Banking limitations tied to Schedule I status

ADOPTED — Schedule III

Registration under 21 U.S.C. § 823
Research access via DEA-registered laboratories
FDA medical-cannabis development pathway
Banking access (no Schedule I bar)
Partial relief from IRS § 280E for medical pathway products

ATN Posture

ATN registers as a sovereign producer under 21 U.S.C. § 823, not as a state-licensed dispensary. ATN's licensing authority is constitutional and treaty-based; federal Schedule III registration is a compliance interface, not a grant of authority. The companion regulatory frameworks are USDA hemp (7 CFR Part 990), DEA Schedule III registration, and FDA medical product pathway.

Statutory references: 21 U.S.C. § 812(c) Schedule III; 21 U.S.C. § 823 (registration of manufacturers and distributors); 7 CFR Part 990 (USDA hemp production); 2018 Farm Bill § 10113; HHS Letter to DEA, August 29, 2023.

§4 — Controlling Definitions

Adopted verbatim from Constitution Article XIX, §5

The following definitions are adopted verbatim from Constitution Article XIX, §5 and govern this instrument in all respects. Where federal definitions differ, the tribal definition controls within ATN jurisdiction by virtue of treaty-reserved rights and inherent sovereignty.

HEMP

The plant Cannabis sativa L., including all its cultivars, varieties, and chemotypes, and any part of that plant — whether growing or not — together with all naturally occurring derivatives, extracts, compounds, and preparations thereof. This term encompasses the whole plant as recognized under tribal law and treaty right, without regard to tetrahydrocannabinol concentration.

HEMP-A (THCA)

Tetrahydrocannabinolic acid, the non-psychoactive acidic cannabinoid precursor present in the Hemp plant, and any isolate, concentrate, or product containing THCA as its primary constituent.

CANNABIS

Medicinal Delta-9 — specifically, delta-9 tetrahydrocannabinol (Delta-9 THC) in isolated, concentrated, or synthesized form — produced, processed, or utilized for medicinal purposes under tribal regulatory oversight.

HASHISH

A concentrated cannabis product produced by separating the resin (trichomes) from the cannabis or hemp plant, including but not limited to bubble hash, dry-sift hash, and rosin pressed from such resin. Hashish derived from hemp under this instrument is regulated as a HEMP-DERIVED PRODUCT.

CULTIVATION

The planting, growing, harvesting, drying, curing, grading, trimming, or handling of hemp or cannabis plants.

PROCESSING

The processing, extraction, manufacturing, or preparation of hemp or cannabis products, including but not limited to: extraction of cannabinoids, conversion of cannabinoids (including conversion of CBD to Delta-8-THC, CBG to other cannabinoids, or any other chemical conversion), infusion into products, packaging, and labeling.

COMMERCE

The trade, distribution, sale, exchange, or transportation of hemp, cannabis, or products derived therefrom, whether within tribal territory, interstate, or internationally.

CANNABINOIDS

The chemical compounds that are the active constituents of cannabis, including all approximately 250 known cannabinoids such as: Delta-9-THC, THCA, Delta-8-THC, CBD, CBDA, CBG, CBGA, CBC, CBN, THCV, and any other compound that acts on cannabinoid receptors or is derived from the cannabis plant.

HEMP-DERIVED PRODUCTS

Any product made from hemp, including products containing cannabinoids that were derived from hemp, regardless of their psychoactive properties, including but not limited to: THCA products, Delta-8-THC products, and products containing any other cannabinoid derived from hemp.

CORRECTION — Tribal HEMP Definition Controls (not the federal 0.3% threshold)

The federal hemp definition (2018 Farm Bill, 7 U.S.C. § 1639o) limits “hemp” to Cannabis sativa L. with delta-9 THC concentration of not more than 0.3% on a dry weight basis. The tribal definition adopted here recognizes the whole plant without regard to THC concentration, consistent with treaty-reserved rights under the 1856 Mendocino Reservation Treaty. The federal 0.3% threshold is non-controlling on tribal land. ATN coordinates with USDA on the federal pathway for products entering interstate commerce, but does not adopt the 0.3% threshold as a definitional limit on tribal sovereignty. Prior licensing language that imported the 0.3% federal limit is superseded.

§5 — License Categories

Mapped to constitutional authority and TCC operational provisions

The following licenses are issued by Agency Tribal Nations under this framework. Each license category is grounded in a specific constitutional authority and integrated with the corresponding section of the Tribal Cannabis Control Code. Application materials, current fees, and term details are maintained on each category's dedicated page.

License Category	Constitutional Authority	TCC Provision	Application
Cultivation License Planting, growing, harvesting, drying, curing of hemp & cannabis	Art. XVIII §1, §2 Ord. 2025-HEMP	Art. 6 §6.3 Art. 2 §2.4.2	Apply
Processing License Extraction, conversion, manufacturing, infusion, packaging	Art. XVIII §1 Art. V (l)	Art. 6 §6.4 Art. 7 §7.1	Apply
Dispensary License Retail sale of medical cannabis and hemp-derived products	Art. V (l) Art. XVIII §1	Art. 7 §7.1 Art. 7 §7.3	Apply
Laboratory Testing License DEA-registered analytical testing of cannabinoid products	Art. V (l) Art. XVIII §1	Art. 6 §6.4	Apply
Domestic Transport License Transport of hemp & cannabis products within United States	Art. XVIII §4 Art. V (l)	Art. 7 §7.1	Apply
International Transport License Cross-border transport under tribal commerce authority	Art. XVIII §4 Art. II §3	Art. 7 §7.1 Art. 7 §7.4	Apply
Micro-Business Package Bundled cultivation + processing + dispensary for small operators	Art. XVIII §1 Art. V (l)	Art. 6 §6.3 Art. 7 §7.1	Apply
Hemp Tribal-Government Partner License Government-to-government compact for partner tribes	Art. XVIII §3 Art. II §6	Art. 7 §7.4	Apply
Cannabis License (General Inquiry) Multi-category inquiries and custom compacts	Art. V (l)	Art. 7 §7.1	Inquire

Fee schedules, term lengths, and application materials are maintained on each license category's dedicated page and are subject to revision by Chief Decree under Constitution Article XI, §2.

§6 — Federal Agency Jurisdictional Map

Clear delineation of federal compliance interfaces

This document establishes a clear delineation of federal compliance interfaces. Federal agencies operate at the boundaries of tribal commerce; they do not issue ATN licenses, do not interpret ATN law, and do not adjudicate ATN disputes.

USDA

Hemp Production

7 CFR Part 990
2018 Farm Bill § 10113
Tribal hemp production plan
Pre-harvest sampling protocols
Land registration & geospatial reporting

DEA

Schedule III Registration

21 U.S.C. § 823
21 U.S.C. § 812(c) Sch. III
Registered analytical labs
Research compliance
Inter-state product registration

FDA

Medical Pathway

Drug development pathway
cGMP for medical products
Labeling & adverse event reporting
Investigational New Drug (IND)
Botanical drug guidance

Reserved to Sovereign Authority

License issuance, application review, fee setting, dispute resolution, internal taxation, enforcement on tribal land, definition of HEMP and CANNABIS for tribal purposes, and all matters of internal governance are reserved exclusively to Agency Tribal Nations and are not subject to federal agency review, approval, or interpretation.

§7 — Application & Compliance Procedures

By reference to the Tribal Cannabis Control Code

To avoid duplication and maintain a single source of truth, this instrument incorporates the Tribal Cannabis Control Code by reference for all operational procedures. The following items are governed by the cited TCC sections:

Application intake Per TCC Art. 7 §7.1 — Licensing and Tax Administration Agreement

Testing methodology HPLC / GC with post-decarboxylation per TCC Art. 6 §6.4 — total available THC measured from sum of THC and THC-A

Pre-harvest sampling 15-day window prior to anticipated harvest, 95% confidence level, per 7 CFR § 990 and TCC Art. 6 §6.3

Sales tax 10% of Annual Net Sales (5% Tribal share, 5% U.S. State share where applicable) per TCC Art. 2 §2.4.2

Non-compliant lots Disposal per 7 CFR § 990.27; lots not commingled across producers

Recordkeeping Producer contact, legal land description, geospatial location, license status — per TCC Art. 2 §2.4.1

Enforcement Per TCC Art. 7 §7.3 — exclusive tribal court jurisdiction

Where this instrument and the TCC differ on operational procedure, the TCC controls. Where this instrument and the TCC differ on constitutional or definitional matters, the Constitution controls.

§8 — Sovereign Authority & Preemption Posture

No immunity waiver. No state forum. Inherent sovereignty, not statutory supersession.

CORRECTION — Sovereign Immunity Absolute (No Waiver)

Pursuant to Constitution Article XII, Agency Tribal Nations is immune from suit. This licensing instrument expressly does not waive sovereign immunity for any purpose, in any forum, by any party, by any provision herein. Any contract, license, or agreement issued under this framework that purports to waive sovereign immunity is void as ultra vires unless expressly authorized in writing by the Head Chief and ratified by the Tribal Government. Prior treaty language that purported to waive immunity is superseded.

CORRECTION — No California Tort Framework

This instrument adopts no California (or other state) tort framework. Disputes arising under licenses issued hereunder are heard exclusively in ATN tribal courts under tribal law. References to California-specific statutes (Business and Professions Code, Health and Safety Code, MMRA/SB 643) found in legacy planning documents are not adopted by this instrument and are superseded for purposes of cannabis licensing.

CORRECTION — Preemption Posture: Inherent Sovereignty, Not Statutory Supersession

Agency Tribal Nations does not claim authority to “supersede federal statute” by tribal enactment. ATN exercises inherent sovereignty — pre-constitutional, treaty-reserved, and recognized by the U.S. Supreme Court — and operates in concurrent jurisdiction with federal regulators under a compact framework. State and county law is preempted on tribal land per Bryan v. Itasca County, 426 U.S. 373 (1976); California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987); McClanahan v. Arizona State Tax Commission, 411 U.S. 164 (1973); and White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980). Prior treaty language claiming federal-statute supersession is superseded.

Foundational principle: ATN's licensing authority does not derive from federal grant. It derives from inherent sovereignty as recognized in Worcester v. Georgia, 31 U.S. 515 (1832), and United States v. Wheeler, 435 U.S. 313 (1978) (“The powers of Indian tribes are, in general, inherent powers of a limited sovereignty which has never been extinguished.”).

§9 — Federal Tribal Cannabis Commission (FTCC)

Standardized composition and authority

The Federal Tribal Cannabis Commission (FTCC) is established as the standing rulemaking, license-review, audit, and dispute-mediation body under this framework. The FTCC reports to the Head Chief and operates under the Constitution and this instrument.

CORRECTION — Standardized FTCC Composition (Interim, Subject to Ratification)

The composition below is the canonical interim composition adopted with this instrument. It supersedes the multiple inconsistent FTCC compositions found in the Master Treaty (Sept 17, 2025). The Head Chief may ratify or modify by Chief Decree under Constitution Art. XI, §2.

Seat	Appointed By	Role
Chair	Head Chief, ATN	Presides; tiebreaker; reports to Head Chief
Commissioner — Licensing	ATN Tribal Government	Application review, fee administration
Commissioner — Compliance	ATN Tribal Government	Audit, testing, enforcement liaison
Federal Liaison Observer (USDA)	USDA, by invitation	Non-voting; coordinates 7 CFR Part 990 interface
Federal Liaison Observer (DEA)	DEA, by invitation	Non-voting; coordinates Schedule III registration
Partner Tribe Seat I	Confederated partner tribes	Voting; partner-tribe interests
Partner Tribe Seat II	Confederated partner tribes	Voting; partner-tribe interests

Total: 7 seats (5 voting, 2 non-voting federal observers). Quorum: 4 voting members. Federal observers may attend all open sessions but have no vote and no right to closed-session deliberations.

§10 — Revision History

Mirroring Constitution Article XX format

Version 1.0 — April 7, 2026 (Initial Publication)

All items below are alignment corrections applied to bring the licensing framework into compliance with the unchanged Constitution.

ESTABLISHED the canonical cannabis licensing instrument of Agency Tribal Nations, anchored in Constitution Articles II, V, XII, XVIII, and XIX.
SUPERSEDED all Schedule I licensing language from the Master Treaty of Peace (signed Sept 17, 2025) — DEA Schedule I license references, Schedule I CSA amendment proposals, and Schedule I research compliance protocols.
ADOPTED Schedule III registration posture under 21 U.S.C. § 823, consistent with the August 2023 HHS recommendation and DEA NPRM.
INCORPORATED Constitution Article XIX §5 definitions verbatim as the controlling definitional framework, with explicit tribal-vs-federal HEMP comparison.
ADDED HASHISH definition consistent with hemp-derived products framework.
DELINEATED federal jurisdictional map: USDA (hemp), DEA (Schedule III registration), FDA (medical pathway).
REMOVED California-specific tort framework references and any sovereign-immunity waiver language.
REPLACED “supersede federal statute” preemption language with inherent-sovereignty and compact-framework posture.
STANDARDIZED FTCC composition at 7 seats (interim, subject to Head Chief ratification).
INCORPORATED the Tribal Cannabis Control Code by reference for all operational procedures (testing, sampling, sales tax, recordkeeping, enforcement).
ISSUED in conjunction with public press release dated April 7, 2026.

Future revisions will be appended to this section in the format of Constitution Article XX.

§11 — Resolution Map

Each finding from the Treaty Compliance Analysis mapped to its resolution in this instrument

The Treaty Compliance Analysis identified 14 finding sections and 10 prioritized action items. The table below maps each finding to where it is resolved in this instrument.

IMPORTANT — Article Number Reconciliation

The compliance analysis was drafted against an earlier draft of the Constitution and uses Art. 18 / 19 / 23. The ratified Constitution (March 26, 2026) renumbers these as Art. XII (Sovereign Immunity, was “Art. 18”), Art. XVIII (Economic Sovereignty & Hemp Protections, was “Art. 19”), and Art. XIX §5 (Hemp/Cannabis Definitions, was “Art. 23 §23-5”). All references in this instrument use the ratified numbering.

Finding Sections (14)

Analysis Section	Severity	Resolved In	Status
Schedule I → III Transition	CRITICAL	§3 (Schedule III Legal Basis); Part II inline corrections	✓ Resolved
0.3% THC Threshold	CRITICAL	§4 (Definitions, tribal-vs-federal HEMP comparison)	✓ Resolved
Constitution Alignment Gaps	CRITICAL	§2 (Constitutional Foundation — Arts. II, V, XII, XVIII, XIX)	✓ Resolved
TCC Alignment Gaps	WARNING	§5 (License Categories with TCC mappings); §7 (TCC by reference)	✓ Resolved
Definition Conflicts	CRITICAL	§4 (Verbatim Constitution Art. XIX §5; HASHISH added)	✓ Resolved
DEA / USDA / FDA References	CRITICAL	§6 (Federal Jurisdictional Map)	✓ Resolved
California State Law References	WARNING	§8 (No CA tort framework); Part II inline corrections (red on every CA citation)	✓ Resolved
Preemption Claims	CRITICAL	§8 (Inherent sovereignty, not statutory supersession)	✓ Resolved
Sovereign Immunity Conflict	CRITICAL	§8 (Absolute, no waiver — Art. XII)	✓ Resolved
International Treaty Compliance	WARNING	Part II inline (Single Convention & Convention on Psychotropic Substances flagged)	⚠ Partial — needs §3 expansion on medical/scientific exception
Duplicate / Redundant Sections	WARNING	Part II preserved verbatim; duplicates of Sections X/XII/XV at XIX/XX/XXI noted but not removed	⚠ Documented — consolidation pending Part II rewrite phase
FTCC Composition Inconsistency	WARNING	§9 (Standardized 7-seat composition, supersedes both prior versions)	✓ Resolved
Interstate Commerce Authority	INFO	§2 (Art. XVIII §4 cited); §6 (USDA hemp pathway)	✓ Resolved
Timeline & Dating Issues	INFO	§10 (Revision History — Constitution ratified March 26, 2026 acknowledged)	✓ Resolved

Prioritized Action Items (10)

P#	Action	Resolved In	Status
P1	Add Constitutional Foundation References	§2	✓
P2	Update Schedule I → III	§3 + Part II inline	✓
P3	Adopt Constitution Art. XIX §5 Definitions	§4	✓
P4	Remove Sovereign Immunity Waiver / California Tort	§8 + Part II inline	✓
P5	Fix Preemption Language	§8	✓
P6	Add TCC References & Remove Duplicated Provisions	§5, §7	✓
P7	Consolidate Duplicate Sections (XIX/XX/XXI)	Documented in Part II; consolidation pending	⚠
P8	Standardize FTCC Composition	§9	✓
P9	Update Federal Agency Jurisdictional Map	§6	✓
P10	Add Revision History	§10	✓

Summary

Of 14 finding sections, 12 are fully resolved and 2 are partially resolved (international compliance needs §3 expansion; Part II duplicate consolidation pending). Of 10 prioritized action items, 9 are fully resolved and 1 (P7 — consolidation of duplicate Sections XIX/XX/XXI) is documented but pending a future Part II rewrite phase.

Chief Geronimo Thomas Langenderfer

Head Chief, Mendocino California Tribal Nations

Issued: April 7, 2026

Office of Agency Tribal Nations

Federal Tribal Government Authority

Authentisign: pending ratification

Part II

Full Document Text

The complete 180-page text of the Master Treaty of Peace, brought into this instrument with alignment corrections marked inline in red. The Constitution remains unchanged; this section preserves all original substantive content while flagging every passage that has been corrected to align with the Constitution.

READING NOTE

Below is the full body of the Master Treaty of Peace (signed September 17, 2025), preserved verbatim from the original ODT source document. Phrases highlighted in red are alignment corrections — they identify language that has been superseded by Part I of this instrument and that must be read in light of the corrected Schedule III posture, the controlling tribal definitions in Constitution Article XIX §5, the absolute sovereign immunity in Constitution Article XII, and the inherent-sovereignty preemption posture. Where Part I and Part II conflict, Part I controls.

MASTER TREATY OF PEACE

Between Agency Tribal Nations, the United States of America, and Global Partners

Date of Signing: September 17, 2025
Location: Mendocino Indian Reservation, Mendocino California, USA

Head Chief: Chief Geronimo Thomas Langenderfer &

Tribal U.S. Federal Contractor and Awardee of the Department of Interior

https://www.agencytribalnations.org/

email:chief@altearth.org

Phone: 707.679.8229

Treaty of International Agreement / Small Agencies and Native American Tribes

Treaty of Peace (“The Treaty”)

Health and Human Services Department of Agency Tribal Nations

Tribal Nations RFP Number: QTA00NS17SFI5002 Small Agencies and Native American Tribes Transition

[Seal –

Mendocino Indian Reservation] OMB-2700-0042-GSA-ERRC-EFFEVTIVE-DATE-12-162016.EML

A picture containing text, clipart Description automatically generated

[Seal – Deganawidah-Quetzalcoati University] GSA CNTRL No. 9GR1CA0966

Tribal Exemptions for All Tribal Lead Agencies

There are a number of exemptions for all Tribal Lead Agencies, including, but not limited to:

COVER PAGE

AGENCY TRIBAL NATIONS

GOVERNANCE PACKET ON TRUST‑LAND PROTECTIONS

Prepared for:

Tribal Council of Agency Tribal Nations

Prepared by:

Office of Sovereignty & Intergovernmental Affairs

Date: ______________________

Document Type:

Unified Governance Packet — Trust‑Land Protections Under Federal and State Law

Watermark (optional):

SOVEREIGNTY • LAND • LAW • FUTURE

KEY POLICY POINTS

The following are primary policy recommendations for State and Tribal governments to consider when developing a hemp program:

1. Define “hemp” in accordance with the 2018 Farm Bill but leave the definition open to changes that may occur in future federal legislation to ensure compliance with Federal law.

2. Amend the definitions of “marijuana” (or marihuana/cannabis), “tetrahydrocannabinols”, and “hashish”, as applicable, in the jurisdiction’s drug control statutes and/or criminal code to exclude hemp and products derived there from, in conformance with the 2018 Farm Bill amendments to the Controlled Substances Act of 1970.

3.Grant authority to the respective Indians Tribe, Mendocino Reserve Department of Agriculture to establish rules and a regulatory framework for the cultivation of hemp, as required by the 2018 Farm Bill minimum plan requirements.

4.Align licensing, registration, fees, cultivation, testing, inspection, and enforcement requirements with the minimum standards for a hemp production plan identified in the 2018 Farm Bill, outlined in more detail in the sections that follow.These requirements should address research and commercial production requirements as well as include procedures for licensing, testing, inspection, reporting, enforcement, and destruction, and/or retesting for any plants exceeding 0.3% delta-9 THC.

5. Leave jurisdiction over the manufacture and sale of hemp ingredients and finished hemp products to the appropriate state and federal agencies responsible for regulating the manufacturing and sale of similar commodities. For example, hemp-derived orally ingestible products should be regulated as food and/or dietary supplements, and hemp derived topical products should be regulated as cosmetics.

6. Requiredelta-9 THC testing of hemp plants to ensure compliance with federal mandates and allow private testing labs that satisfy Indian Tribe-mandated criteria to conduct hemp and hemp product testing thereby reducing the need for state funding to perform such testing.

7. Establish or incorporate hemp into a domestic seed certification program, including a Indian Tribe licensing and/or registration program for seed breeders through institutions of higher education,and pursuant to the certification program established by the Association of Official Seed Certifying Agencies (“AOSCA”).

8. Allow phytocannabinoids, terpenes,and other plant compounds to be extracted from hemp pursuant to federal and Indian Tribe-mandated manufacturing requirements applicable to the intended finished-product-type to ensure such products are adequately tested and regulated.

9. Establish processes for institutions of higher education (D-Q University) to cultivate hemp for research related purposes on their property ( 33250 County road 31 Davis California, 95617) or the property of persons with whom they have acontract or Memorandum of Understanding.

• Laboratories approved for THC testing must also be registered with DEA to handle controlled substances under the Controlled Substances Act (CSA), 21 CFR part 1301.13.

• USDA-Hemp-Testing-Guidelines-2019 (1) (1).pdf

•2012 Tribal Consultation Report to OMB (1).pdf

Geronimo Hemp Industries Preparation and Testing Procedures are as follows:

1. Laboratory receives sample.

2. Dry sample to remove the majority of water.

3. Mill and “manicure” sample though a wire screen no larger than 1.5 x 1.5mm to discard mature seeds and larger twigs and stems.

4. Separate sample into a test and retain specimens.

a. Test specimen: go to step 5

b. Retain specimen: package and store until needed. When needed go to step 5.

5. Determine moisture content or dry to a consistent weight (meeting criteria).

6. Perform chemical analysis.

7. Calculate total THC on a dry weight basis. Test results should be determined and reported on a dry weight basis.

(A)Samples shall be received and prepared for testing in a DEA registered laboratory as follows:

(1) Once the composite sample is received by the laboratory, the laboratory shall dry all of the leaf and flower (not obvious stem and seeds) of the composite sample until brittle in a manner that maintains the THC level of sample. Samples are to be dried to a consistent loss (typically 5- 12% moisture content) so that the test can be performed on a dry weight basis, meaning the percentage of THC, by weight, in a cannabis sample, after excluding moisture from the sample. The moisture content is expressed as the ratio of the amount of moisture in the sample to the amount of dry solid in the sample.

(2) The laboratory shall mill and manicure samples though a wire screen no larger than 1.5 x 1.5mm to discard mature seeds and larger twigs and stems.

(3) The laboratory shall form sieve a “Test Specimen” and a “Retain Specimen.” One sample part shall be selected for analysis and labeled ''Test Specimen". The other sample part shall be marked "Retain Specimen" and shall be packaged and stored in a secured place.

(4) The laboratory shall then determine moisture content or dry to a consistent weight.

(5) The laboratory will then perform chemical analysis on the sample using post- decarboxylation or other similarly reliable methods where the total THC concentration level considers the potential to convert delta-9-tetrahydrocannabinolicacid(THCA) into THC.

Testing methodologies meeting these requirements include those using gas chromatography and high-pressure liquid chromatography.High-performance liquid chromatography. High- performance liquid chromatography (HPLC) or (LC) is a scientific method (specifically, a type of chromatography) used in analytical chemistry used to separate, identify,

10. Provide legal protections for the transport: Following minimum requirement mandated by section 10113 of the Hemp Farm Bill Geronimo Hemp Industries Farm Bill Compliance Federal Transportation (GSA500A) and order code (25 CFR 11.100 to 11.1214 ) and label Stamp bar code tracking system (Agency Tribal Nations USPS) Service Stamp Postal Code (9735) and tracking ( Broker) number to raw hemp materials and finished products in compliance with Geronimo Hemp Industries Policies 1-9. Federal law. % 0.3

Minimum Plan Requirements:

For the USDA to approve a hemp production plan, the plan must satisfy each of the following minimum requirements mandated by Section 10113 of the 2018 Farm Bill:

I.“a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years[ San Bernardino, Humbo DT, Mount Diablo Base and Meridians to Geronimo Hemp Industries farms research COA POL and provide a sample of product to verify COA Laboratories approved for THC testing hemp research facilities .]”

II.“a COA procedure for testing 0.3%, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or the territory of the Indian tribe[.Geronimo Hemp Industries Market and Sales ]”

III.“a procedure for the effective disposal of plants, whether growing or not, that are produced in violation of this subtitle; and products derived from those plants [.Geronimo Hemp industries Research, Education, Hemp Pilot Projects and Programs ]”

IV.“a procedure to comply with the enforcement procedures under subsection (e) Geronimo Hemp Industries Pilot Projects and Program [.25 CFR 11.104 (a) ]”25 CFR 11. 104 (a)“ a procedure to comply with Tribal Law Enforcement

V.Procedures sub section 10113 of the Farm Bill (e). (25 CFR 11.100 (b)) By certain specific Tribe.

1. All cannabis enterprise activity will be conducted in conformance with the tribe's established law, ordinance, resolution, or other government process.

2. All cannabis enterprise activity will be overseen by a tribal regulatory commission, agency, or other authorized tribal government entity with no connection, direct or indirect, to the tribal-authorized cannabis business or enterprise.

3. Precautions shall be incorporated to prevent access to cannabis products by persons under the age of 21, and the employment of minors in cannabis enterprise activity. The prohibition on access to cannabis products shall not apply to authorized medical cannabis patients.

4. Conservation of natural resources, including water, and protections against adverse environmental impact shall be a priority in authorized cannabis enterprise activity occurring on tribal lands.

5. Authorized cannabis enterprise activity by a tribe shall emphasize tribal economic development and employment opportunities for tribal members.

6. Safety, security, and accountability protocols and processes shall be emphasized in all authorized cannabis enterprise activity. Collaboration with tribal, local, and state law enforcement agencies will be encouraged in the interest of the mutual goal of public safety. CNACA Professional Standards

7. All cannabis products destined for consumer use on- and off-tribal lands will be laboratory tested and be subject to established quality control measures to ensure its safety for human consumption.

8. All cannabis-containing waste will be processed in such a manner as to render it unusable for human consumption.

9. Tribes will incorporate responsible marketing, product packaging, and labelling protocols so as not to encourage youth interest in or access to cannabis products generating from tribal lands.

1O.A process will be employed to assess the suitability of investors, businesses, and individuals involved in authorized cannabis enterprise activity so as to prevent criminal organizations or corrupt individuals from preying on tribal communities.

I I .Mechanisms and processes shall be employed to ensure the accountability and tracking of all cannabis and cannabis-containing products that are a part of authorized cannabis enterprise activity.

12.Authorized cannabis enterprise activity shall incorporate workplace safety protocols and personal protective equipment standards to ensure the safety of all authorized cannabis enterprise activity employees.

13.Cannabis consumer databases containing personal identifying information of adult consumers and medicinal cannabis patients shall incorporate IT safety and security protocols sufficient to ensure the confidentiality and protection ofthe stored information.

14.Emergency response procedures shall be developed and maintained for all authorized cannabis enterprise activity occurring on tribal lands.

15.Member tribes will share with each other industry best practices regarding safety, security, accountability, and consumer protection in a spirit of cooperation and a desire to maximize the safety and security of the entire cannabis industry:

TRIBAL ENTERPRISE CONSULTING

TRAINING I.

Tribal Cannabis Regulatory Agency/Commission

A. Structure 1. Management 2. Licensing 3. Compliance 4. Surveillance 5. Security

B. Authority

C. Relationship to Cannabis Operators

D. Coordination with Tribal Government Ill.

Tribal Cannabis Regulations

A. Purpose

B. Define Authorized Cannabis Activity C. Cannabis Commission

1. Duties

2. Scope of Authority

3. Required Reports

4. Confidentiality Requirements

5. Disciplinary Actions a. Due Process b. Investigations

C. Sanctions d. Appeal Process 6. Independence of the Commission

D. Licensing

1. Who must be licensed

a. Businesses

b. Owners

c.corporateofficers

d. Employees

2. Licensing Fees

3. Eligibility Requirements

4, Suitability Determination a. Failure to Disclose Information

5. Background Investigation

6. License Conditions

a. Visible at all times

b. non-Transferability

c. Report lost or stolen

7. License Suspension

8. License Revocation

9. License Replacement

Training 2

TRIBAL GOVERNEMT GERONIMO HEMP ENTERPRISE CONSULTING TRAINING 10.

License Renewal

11. Temporary Licenses IV.

Administration and Enforcement

A. Unauthorized and Prohibited Activity

B. Right to Inspection/Search

C. Age Restriction

D. Visitor Controls 1. Temporary Visitor Badges 2. Right to Exclude 3. Right to Search 4. Restricted Access E. Compliance Inspections V.

Cannabis Product Auditing, Fiscal Oversight, and Internal Controls

A. Internal Controls

B. Procedures for Control of Internal Fiscal Affairs

C. Cannabis Commission Right to Conduct Audits

D. Prohibition on Embezzlement and Diversion of Cannabis Products VI.

Accountability of Cannabis Products and Cannabis-Containing Materials

A. Inventory Control Systems/Seed-to-Sale Tracking System

1. System Administrator

2. System Requirements VII. Conduct of Cannabis Enterprise Activity

A. Cannabis Plant Accountability

B. Maximum Permitted Quantities

C. Environmental Protection

1. Storage/Handling of Chemicals and Hazardous Material

2. Water Recovery Systems

3. Control of Run-off and Enterprise Byproducts

D. Control of Pesticides, Fungicides, Insecticides, and Herbicides

E. Waste Disposal Protocols F. Enterprise Equipment, Machinery, and Hardware

G. Required Laboratory Testing of Cannabis Products H. Authorized Processes

1. Cultivation

2. Extraction

3. Distillation

4. Manufacturing a. Packaging and Labeling

5. Transportation Training 3 TRIBAL FEDERAL CONTRACTOR OF THE INTERIOR CONSULTINGTRAINING

H. Transportation Resources B. Transportation Plan C. limitations/Restrictions on Transportation

I. Driver Requirements

J. Discrepancies 1. Distribution 2 Retail Sales 3. Consumption

I. Cannabis Product Storage

K. Quality Control Measures

L. Waste Disposal

M. Personal Protective Equipment

N. Data Security 1. Computer Systems/Data Security 2. Administrative Controls 3. Asset Management 4. Incident Management 5. Email and Internet Protocols VII. Security of Cannabis Enterprise Operations and Employees

A. Head Chief Senior Ranger Security Considerations

B. Senior Ranger Security Personnel 1. Security Operations Manual

C. Surveillance of Operations

1. Video Surveillance 2. Personnel 3. Retention Requirements 4. Required Reports 5. Reporting Requirements 6. Surveillance Manual

D. Secure Areas 1. Access Protocols

E. Lighting Requirements

F. Alarms, motion detection devices, etc.

G. Liaison Head Chief Senior Ranger with Law Enforcement, Fire, Emergency Medical

1. Tribal FEMA Public Safety Concerns

H. Emergency Operations Protocols VIII. Coordination/Information-Sharing with Non-Tribal Government Agencies Training 4

GOVERNEMT GERONIMO HEMP ENTERPRISE CONSULTING TRAINING

Escorted Processes at the Mendocino California Botanical Facility:

►Compliance Review

►Waste Handling

►Transportation Review

►Security Review

►Surveillance Review

►Licensing Review Training Summary and Evaluation Training 5. Agency Tribal Nations Cannabis Regulatory Agency Press Release, D-Q University a Native American Tribe located33250 County Road 31 Davis California 95616 in rural YoloCounty, opened Source Cannabis Curriculum Research lab Cooperative on the Nation's Tribal lands. is an extension of the Tribe's three years of experience operating and regulating the Tribal Collages and University with USDA , a campus of several legal cannabis businesses involved in cultivating, manufacturing, and producing high-quality, laboratory-tested, consumer safe cannabis products for California recreational and medicinal cannabis users. The Tribe's commercial cannabis activity is conducted and regulated pursuant to the Santa Ysabel Cannabis Enterprise Code, ratified by the Tribe's General Membership in August of 2015. The Code created the GOVERNEMT GERONIMO HEMP ENTERPRISE CONSULTING Cannabis Regulatory Agency (TCRA), a division of Tribal government, to ensure legal and regulatory compliance of all cannabis activity permitted on the Nation's sovereign lands. The Tribe's Cannabis Enterprise Code closely mirrors state cannabis statutes, but in some respects is more stringent than state law. TCRA regulations overseeing commercial cannabis activity at the GOVERNEMT GERONIMO HEMP ENTERPRISE CONSULTING Botanical Facility are more stringent than similar regulations enforced by state agencies on California cannabis businesses. Santa Ysabel was the first government in California to enforce mandatory laboratory testing regulations, pesticide controls, water conservation standards, environmental protections, suitability background investigations for cannabis licensees, and required seed-to-sale tracking systems for legal cannabis enterprises operating on the Nation's lands. The Mountain Source Dispensary was opened after the State of California refused to recognize Santa Ysabel's regulatory authority and denied TCRA-licensed cannabis enterprise operators’ access market, this action by generated by GOVERNEMT GERONIMO HEMP ENTERPRISE CONSULTING cannabis sales because GOVERNEMT GERONIMO HEMP ENTERPRISE CONSULTING is obligated to charge state taxes for the sale of cannabis products from the Nation's lands. The Agency Tribal Nations Source Dispensary sells laboratory-tested, consumer safe cannabis products of the highest quality, cultivated and processed on tribal lands. The regulations enforced at the GOVERNEMT GERONIMO HEMP ENTERPRISE CONSULTING Source Dispensary are more stringent than regulations applied to non-tribal California cannabis dispensaries. The surveillance and security infrastructure exceed that found at other dispensaries, no minors are permitted at the GOVERNEMT GERONIMO HEMP ENTERPRISE CONSULTING Botanical Facility, by authority of Agency Tribal Nations consumption of cannabis products is allowed at the dispensary or the facility. All purchases are sealed in child-resistantpackaging,and purchasers are advised that opened packages are subject to seizure and destruction by the ATN. Additional ATN regulations and guidelines for cannabis purchases at the dispensary are available at is a member of the GOVERNEMT GERONIMO HEMP ENTERPRISE CONSULTING a consortium of Tribal Government Tribes dedicated to tribal advocacy and professional standards in the conduct of cannabis enterprise operations. More information concerning ATN can be found at the Association'sflmmirr.netwebsite at. For additional information please contact Chief Geronimo Thomas Langenderfer Administrator Agency Tribal Nations (707) 679.8229T, CRA Executive Director Dave Vialpando at (619) 952- 5103 ordvialpando@iipaynation-nsn.gov.

GOVERNEMT GERONIMO HEMP ENTERPRISE CONSULTING CANNABIS PRODUCT PURCHASE ADVISEMENT

By purchasing this cannabis-containing product, you agree to abide by the following: ⇒ Not to open the sealed packaging on the grounds of the retail establishment ⇒ Not to consume cannabis-containing products on the grounds of the retail establishment ⇒ Not to re-sell cannabis-containing products purchased from the retail establishment ⇒ Not to purchase cannabis-containing products for another person ⇒ Not to enter the retail establishment in possession of any weapon ⇒ Not to operate a motor vehicle while under the influence of cannabis ⇒Comply with all posted speed limits and traffic signs ⇒ Comply with all directions received from Tribal law enforcement officers, TCRA security officers, TCRA regulatory staff, and retail establishment sales personnel ⇒ Keep all cannabis-containing products out of the reach of children GOVERNEMT GERONIMO HEMP ENTERPRISE CONSULTING AGENCY CANNABIS PRODUCT PURCHASE ADVISEMENT By purchasing this cannabis-containing product, you agree to abide by the following: ⇒ Not to open the sealed packaging on the grounds of the retail establishment ⇒ Not to consume cannabis-containing products on the grounds of the retail establishment ⇒Not to re-sell cannabis-containing products purchased from the retail establishment ⇒ Not to purchase cannabis-containing products for another person ⇒ Not to enter the retail establishment in possession of any weapon ⇒ Not to operate a motor vehicle while under the influence of cannabis ⇒ Comply with all posted speed limits and traffic signs ⇒ Comply with all directions received from Tribal law enforcement officers, TCRA security officers, TCRA regulatory staff, and retail establishment sales personnel ⇒ Keep all cannabis-containing products out of the reach of children Santa Ysabel Cannabis Retail Sales Warning to Consumers: The purchase of Cannabis and Cannabis Products is highly regulated and requires the disclosure of certain health risks and consumption restrictions. The physical effects that may result from consumption of Cannabis and Cannabis Products vary by individual, but can include dry mouth, nausea, vomiting, dry or red eyes, heart and blood pressure changes, breathing problems, impaired mental functioning, headache, dizziness, numbness, panic reactions, hallucinations, flashbacks, or depression. Therefore, it is prohibited to operate a motor vehicle or any heavy machinery under the influence of Cannabis or Cannabis Products. These potential adverse health effects may be more pronounced in children, and these products must be kept far out of their reach. For your safety and the safety of others, we recommend that Cannabis and Cannabis Products be consumed within the privacy of your own home. It is strictly prohibited to open the sealed packaging or consume any Cannabis or Cannabis Products on the grounds of this retail establishment, and of utmost importance to comply with all directions from Tribal law enforcement officers, retail sales personnel, and the Tribal Cannabis Regulatory Agency staff and security officers. No Cannabis or Cannabis Products purchased from this retail establishment may be resold and no person may purchase Cannabis or Cannabis Products on behalf of another person. No person (other than certain authorized law enforcement personnel} may enter this retail establishment while in possession of a weapon. We thank you for your business and cooperation.

SIGNATURE PAGE

This Governance Packet was reviewed and adopted by the Tribal Council of Agency Tribal Nations on the date below.

Chief / Chairperson

Name: __________________________

Signature: ______________________