[History: Tribal Resolution #21-29.3368, enacted by Tribal
Council in Regular Session on September 9, 2021; as amended by Tribal
Resolution #23-41.3523, enacted by Tribal Council in Regular Session
on February 15, 2023; as amended by Tribal Resolution #23-41.3534,
enacted by Tribal Council in Regular Session on March 15, 2023.]
In this ordinance, except where otherwise specifically provided,
or the context otherwise requires, the following terms and expressions
shall have the following meanings:
(a) "Act" or "the Act" means the Michigan Regulation and Taxation of
Marijuana Act, MCL §§ 333.27951 et seq.
(b) "Adult" means a person over the age of 21 years.
(c) "Applicant" means the EDC acting in its Section 17 capacity under
the Indian Reorganization Act or a limited liability company established
by a Tribal entity under the Tribal LLC Code, a term that is defined
therein.
(d) "Band" means the Grand Traverse Band of Ottawa and Chippewa Indians.
(e) "Council" or "Tribal Council" means the 25 U.S.C. § 5123
(§ 16 of the Indian Reorganization Act) governing body of
the Grand Traverse Band of Ottawa and Chippewa Indians.
(f) "Commission" means the Grand Traverse Band Marijuana Regulatory Commission.
(g) "Tribal Constitution" means the Constitution of the Grand Traverse
Band as amended.
(h) "Consultant" means a business entity contracting with the Band or
an entity of the Band to provide management-level services related
to the cultivation, processing, distribution, sale, or other services
related to the commercialization of marijuana.
(i) "Economic Development Corporation" means the federally chartered corporation under 25 U.S.C. § 5124 (§ 17 of the Indian Reorganization Act) codified at 15 GTBC, Chapter
2.
(j) "Cultivate" means to propagate, breed, grow, harvest, dry, cure,
or separate parts of the marijuana plant by manual or mechanical means.
(k) "Edible marijuana product" means any marijuana infused product-containing
marijuana that is intended for human consumption in a manner other
than smoke inhalation.
(l) "Employee" means an employee of a licensee.
(m) "Jurisdiction" or "Band's jurisdiction" means the Band's
"territory" as defined by Article I Section I of the Tribal Constitution
and any land presently established as Indian Country under federal
law or future case law or federal statute establishment of Indian
Country.
(n) "Licensee" means any Tribal entity, employee, vendor, or consultant
holding a license issued by the Commission.
(o) "Marijuana" means all parts of the plant of the genus marijuana,
growing or not; the seeds of the plant; the resin extracted from any
part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its seeds or resin, including
marijuana concentrate and marijuana-infused products. For purposes
of this act, marijuana does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil,
or cake, made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks, except
the resin extracted from those stalks, fiber, oil, or cake, or any
sterilized seed of the plant that is incapable of germination;
(2) Industrial hemp, as defined in 7 U.S.C. § 5490(a)(2); or
(3) Any other ingredient combined with marijuana to prepare topical or
oral administrations, food, drink, or other products.
(p) "Marijuana Activity" means the growth, processing, distribution,
sale, or other act related to marijuana authorized by this ordinance.
(q) "Marijuana Concentrate" means the resin extracted from any part of
the plant of the genus marijuana.
(r) "Marijuana Establishment" means any tribal establishment created
by a licensee for the purposes of engaging in marijuana activity that
is permitted by this ordinance.
(s) "Marijuana grower" means a person or tribal entity licensed to cultivate
marijuana and sell or otherwise transfer marijuana from a tribal establishment
to another marijuana establishment within "Indian Country" (as defined
by 18 U.S.C. 1151) or specifically licensed to sell outside Indian
Country to a State of Michigan licensed marijuana establishment.
(t) "Marijuana-infused Product" means a topical formulation, tincture,
beverage, edible substance, or similar product containing marijuana
and other ingredients and that is intended for human consumption.
(u) "Marijuana license" means a license issued by the Commission to a
qualified Tribal entity, employee, vendor, or consultant authorizing
such persons and entities to engage in commercial marijuana activity
within the Band's jurisdiction.
(v) "Marijuana processor" means a person or tribal entity licensed to
obtain marijuana from marijuana establishments; process and package
marijuana; and sell or otherwise transfer marijuana or marijuana product
to marijuana establishments within Indian Country or specifically
licensed to sell outside Indian Country to a State of Michigan licensed
marijuana establishment.
(w) "Marijuana retailer" means a person or Tribal entity licensed to
obtain marijuana from marijuana establishments and to sell or otherwise
transfer marijuana to marijuana establishments and to individuals
who are 21 years of age or older.
(x) "Marijuana Safety Compliance Facility" means a facility authorized
by the Commission to test marijuana and marijuana products to ensure
safety for distribution and use as well as compliance with this ordinance
and any rules, regulations or procedures promulgated by the Commission.
(y) "Ordinance" means this ordinance, the Grand Traverse Band Marijuana
Ordinance, as now or hereafter amended.
(z) "Process" or "Processing" means to separate or otherwise prepare
parts of the marijuana plant and to compound, blend, extract, infuse,
or otherwise make or prepare marijuana concentrate or marijuana-infused
products.
(aa) "Record" means books, ledgers, documents, writings, photocopies,
correspondence, electronic records, videotapes, surveillance footage,
electronic storage media, electronically stored records, money receptacles,
equipment in which records are stored, including data or information
in tracking system described in § 1039 of this ordinance,
or any other document that is used for recording information.
(bb) "Tribal entity" means a wholly owned economic development entity
of the Grand Traverse Band or any entity wholly owned by such entity.
(cc) "Tribal Judiciary" means the Grand Traverse Band Tribal Court.
(dd) "Vendor" means a person or entity providing goods or services that
are less than management-level services related to the cultivation,
processing, distribution, sale, or other services related to the commercialization
of marijuana.